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11-26-90 v AMENDED AGENDA TO ADD 2 D AND E, 3C, DELETE ORIGINAL AGENDA ITEM 5K CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, NOVEMBER 26, 1990 AGENDA Call to order Invocation and pledge to the flag 1. Recognition of visitors: 2. Consent Agenda: A. Approval of the minutes of the regular meeting of November 12, 1990 and special commission meeting November 19, 1990 B. Discussion and related action relative to approving a circus sponsored by the American Red Cross to hold performances on March 23 and 24, 1991, with their request to use grounds on the south side of Russell Park for the event (Bernard Bolstad, Red Cross rep.) C. Use by Exception for an alcoholic beverage license for Amoco and set for public hearing Dec. 10, 1990 D. Use by Exception to construct telephone tower at 251 Levy Road, filed by Peter and Delia Rodriquez, set for public hearing Dec. 10, 1990 E. Use by Exception for automotive/truck service garage at 10-20 Donner Road, filed by Fred Lewis and set for public hearing Dec. 10, 1990 F. Discussion and related action to purchase computer system (Harry Royal, Finance Director) G. Discussion and related action relative to police uniforms (Police Chief David Thompson) H. Seek approval to set new dates for code enforcement board meetings (Don Ford, Code Enforcement Officer) I. Discussion and related action relative to the approval of payment to Linder Industrial Machinery Co. in the amount of $3,337.73 for repairs to a backhoe. (Public Services Director Bob Kosoy) 3. Action on Resolutions: A. Request for approval of Resolution 90-18 urging Congress to adopt legislation to remove the restrictions imposed upon the Bell Operating Companies. (Richard Brown, Southern Bell rep.) B. Request approval of Resolution No. 90-19 regarding water and sewer refunding revenue bonds (City's Bond Counsel - Squire, Sanders and Dempsey) C. Resolution 90-20 expressing appreciation to Fleet Reserve Association Branch 290 for their contributions and service to the community 4. Action on Ordinances: A. Introduction and first reading of Ordinance #15-90-6 relative to water and sewer revenue bonds (City's Bond Counsel - Squire, Sanders and Dempsey) 5. New Business: A. Discussion and related action relative to Section H (Wm Howell) B. Recommendation and related action regarding the proposed projects with Gee & Jenson: (Bill Armentrout, rep) a. Sea Garden lift station b. 500 K gallon package plant expansion at Buccaneer WWTP c. status report on other G&J projects C. Public hearing for the supplemental authorization for Gee & Jenson, Inc. to prepare a revised response to the Florida Department of Community Affairs regarding the content of the City Comprehensive Plan (Bill Armentrout, G&J rep) D. Discussion of DeWees Crossover (Attorney Mark Arnold) E. Pension Board report (Alan Jensen, City Attorney) F. Ask Commission for nominations to fill two seats on pension board G. Report relative to definition of night clubs, bar/lounge/tavern and dance hall (City Attorney Alan Jensen) 6. City Manager reports and/or correspondence: 7. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM— MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY, NOVEMBER 26, 1990 V V O O PRESENT: William I. Gulliford, Jr. , Mayor T T Robert B. Cook E E Glenn A. Edwards D D Adelaide R. Tucker John W. Weldon, Commissioners M S AND: Kim D. Leinbach, City Manager 0 E Alan C. Jensen, City Attorney T C Maureen King, City Clerk I 0 Y NAME OF ONEN ABSENT: Commissioner Edwards (Excused) COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. Approval of the minutes of the regular meeting of November 12, 1990 and special called meeting of November 19, 1990 Cook x x Tucker x x Motion: Approve minutes of the regular meeting of November Weldon x 12, 1990 Gulliford x No discussion before the vote. The motion carried unanimously. Cook x x Motion: Approve minutes of the special meeting of November Tucker x 19th, 1990 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. 1. Recognition of visitors: John Kinstle, 2506 Liberty Lane, Jacksonville Beach, said he worked at Mayport Navy Base and addressed the City Commission regarding the transportation element of the Comprehensive Plan. He noted that even with the construction of the Wonderwood Road the level of service on Mayport Road would still be classified "F" and asked whether the city had any plans to improve this situation. Mayor Gulliford pointed out most of the area involved was outside the jurisdiction of Atlantic Beach. 2. Consent Agenda: B. Discussion and related action relative to approving a circus sponsored by the American Red Cross to hold performances on March 23 and 24, 1991, with their request to use grounds on the south side of Russell Park for the event C. Use by exception for an alcoholic beverage license for Amoco, 1211 Mayport Road, and set for public hearing December 10, 1990 D. Use by exception to construct telephone tower at 251 Levy Road, filed by Peter and Delia Rodriguez, and set for public hearing December 10, 1990 PAGE TWO V V MINUTES NAME OF NOVEMBER 26, 1990 COMMRS. MSYN E. Use by exception for automotive/truck service garage at 10-20 Donner Road, filed by Fred Lewis, and set for public hearing December 10, 1990 F. Discussion and related action to purchase computer system G. Discussion and related action relative to changing the color of police uniforms and authorizing to purchase same from a different vendor H. Seek approval to change dates for code enforcement board meetings to January, April, July and October I. Discussion and related action relative to the approval of payment to Linder Industrial Machinery Co. in the amount of $3,337.73 for repairs to a backhoe At the request of Commissioner Tucker, items F and I were withdrawn from the Consent Agenda. Cook x Motion: Approve passage of Consent Agenda with the exception Tucker x of items F and I Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. Consent Agenda Item F — (Purchase of computer) Finance Director Royal said authorization was being sought for the purchase of the computer equipment which had been budgeted for FY 1990/91. The computer is on state contract which represents a 25% discount over market price. Mr. Royal said it would be best to proceed with the electric wiring for the computer system while the building is still under construction. Cook x Motion: Authorize purchase of computer equipment as Tucker x x requested Weldon x x Gulliford x Consent Agenda Item I — (Repair of backhoe) Public Services Director Kosoy reported the original estimate had been in the neighborhood of $1 ,700. Linder Industrial Machinery Co. was requested to repair the backhoe as quickly as possible but, unfortunately, had not been given instructions to get authorization from the city if additional repairs were necessary. Mr. Kosoy said this matter has been discussed with Linder and this situation should not be repeated. Mayor Gulliford expressed the opinion that based on the hours of usage of the machine, the repairs were due to premature failure which could have been avoided by proper maintenance. He suggested the mechanic familiarize himself with the maintenance requirements. PAGE THREE V V MINUTES NAME OF NOVEMBER 26, 1990 COMMAS. MSYN Cook x x Motion: Authorize payment for repairs to backhoe in the Tucker x amount of $3,337.73 Weldon x x Gulliford x No further discussion. The motion carried unanimously. 3. Action on Resolutions: A. Resolution No. 90-18: A RESOLUTION OF SUPPORT FOR FULL PARTICIPATION OF AMERICAN INDUSTRY IN THE PROVISION OF TELECOMMUNICATIONS EQUIPMENT AND SERVICE Mayor Gulliford presented in full, in writing, Resolution No. 90-18. R.A. (Dick) Brown, Manager of Corporate Affairs with Southern Bell, said the removal of current restrictions would allow Southern Bell to expand the services they offer. Mr. Brown also suggested adding at the end of the title the words "excluding cable television," and in the third and fourth paragraphs and in Section 2 after the words "information services," inserting the words "except cable television." He suggested Section 3 be deleted and Section 4 then becoming Section 3. Cook x x Tucker x Motion: Approve Resolution 90-18 as amended Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Resolution No. 90-19: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OF THE CITY TO ASSIST IN THE PREPARATION OF THE PRELIMINARY AND FINAL OFFICIAL STATEMENTS IN ORDER TO COMPLY WITH RULE 15c2-12 UNDER THE SECURITIES EXCHANGE ACT OF 1934 AND TO SUBMIT AN INITIAL SUBSCRIPTION TO THE FEDERAL RESERVE BANK FOR ESCROW FUND SECURITIES, IN CONNECTION WITH THE WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1990, PROPOSED TO BE ISSUED ON OR ABOUT DECEMBER 20, 1990; AND PROVIDING AN EFFECTIVE DATE. The Mayor presented in full, in writing, Resolution No. 90-19. Cook x x Motion: Approve passage of Resolution No. 90-19 Tucker x Weldon x x Commissioner Weldon asked why the city had to make application to Gulliford x the Federal Reserve Bank for such securities. Mr. Robert Freeman with the firm of Squire, Sanders and Dempsey, explained that the procedure for refunding bonds with state and local government securities had been established by the federal government and required that an application had to be filed with the Bureau of Public Debt twenty days prior to the closing date on a refunding issue. The intent had apparently been to allow entities such as the city to buy securities that had interest rates which were exactly matched to the interest rates on the city's outstanding debt. The question was called and the motion carried unanimously. PAGE FOUR V V MINUTES NAME OF NOVEMBER 26, 1990 COMMRS. MSYN C. Resolution No. 90-20: A RESOLUTION EXPRESSING APPRECIATION TO FLEET RESERVE ASSOCIATION BRANCH 290, AND RECOGNIZING THE PATRIOTIC CONTRIBUTIONS AND SERVICE WHICH THAT ORGANIZATION HAS RENDERED TO THIS COMMUNITY. Mayor Gulliford presented in full, in writing, Resolution No. 90-20. Cook x x Motion: Approve passage of Resolution No. 90-20 Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x 4. Action on Ordinances: Ordinance No. 15-90-6 - First reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, PROVIDING FOR THE REFUNDING OF CERTAIN OUTSTANDING REVENUE OBLIGATIONS OF THE CITY; PROVIDING FOR THE ISSUANCE OF WATER AND SEWER REFUNDING REVENUE BONDS, SERIES 1990, OF THE CITY TO FINANCE THE COST THEREOF; PROVIDING FOR THE PAYMENT OF SUCH BONDS; PROVIDING FOR THE RIGHTS, SECURITY, AND REMEDIES OF THE REGISTERED OWNERS OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 15-90-6 on first reading. Motion: Approve passage of Ordinance No. 15-90-6 on first Tucker x reading and set public hearing for December 10, 1990 Weldon x Robert Freeman od Squire, Sanders & Dempsey, explained the changes since the first draft of the ordinance had been presented to the City Commission. Those changes included that impact fees collected from new connections and certain fees collected to defray capital costs of the system be included as part of the securities to be offered for the repayment of the bonds. Mr. Freeman said that while he expected the amount of bonds required would be less than the $4,800,000 indicated on Page 16 of the ordinance he requested that this figure be increased to $5,000,000 to avoid having to increase the amount on second reading in the event a larger amount was needed, and the City Commission concurred in this request. Commissioner Weldon referred to paragraph two on Page 35 of the ordinance and asked how additional bonds could be issued without increasing the debt service. Mr. Freeman explained parity bonds could be issued for refunding purposes only. Alan Potter, 374 Second Street, Atlantic Beach, inquired how much present debt was being paid off with the new money borrowed. Mayor Gulliford responded that a public hearing would be held on the matter on December 10, and invited Mr. Potter to attend. In the meantime he said he would make sure Mr. Potter had copies of all relevant material. PAGE FIVE V V MINUTES NAME OF NOVEMBER 26, 1990 COMMRS. MSYN Amended Motion: Approve passage of Ordinance No. 15-90-6 as Cook x amended on first reading and set for public hearing Tucker x x on December 10, 1990 Weldon x x Gulliford x There being no further discussion, the question was called and the motion carried unanimously. 5. New Business: A. Discussion and related action relative to Section H Billy Howell, Section H Project Manager reported the city needed to pass a resolution prior to December 31, 1990, if the Section H assessments were to appear on the 1990 tax roll. He explained the advertising and public hearing requirements of such resolution. Cook x x Motion: Set public hearing regarding Section H assessments Tucker x x for Thursday, December 26, 1990 Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. Item 5D was taken out of sequence and acted upon next. D. Discussion regarding Dewees Avenue dune crossovers Mayor Gulliford indicated that the City Commission had been provided a copy of a Department of Natural Resources permit which had been issued to Capt. Paul Anderson for removal of the dune crossover at Dewees Avenue, subject to City Commission approval. Mayor Gulliford clarified that this would allow only the removal of the structure and would not close the beach access or restrict the use thereof. Discussion ensued regarding the possibility of lowering the crossover and possibly providing beach access for the handicapped and a structure which would be more acceptable to Capt. Anderson. Mark Arnold, the attorney representing the city in this matter, reminded the Commission that after the beach renourishment in the spring the structure would not appear so high. Dorothy Kerber, 365 First Street, and Barbara Bonner, 463 Selva Lakes Circle, Atlantic Beach both supported the suggestion to modify the structure but were opposed to removing it completely. After further discussion, Public Services Director Bob Kosoy was instructed to visit the area and inspect the crossover and report back at the next City Commission meeting with his recommendations regarding possible modifications which could then be submitted to DNR for approval. B. Recommendation and related action regarding the proposed projects with Gee & Jenson a. Sea Gardens Lift Station b. .5 MGD package plant expansion at Buccaneer wastewater treatment plant c. Status report on other Gee & Jenson projects PAGE SIX V V MINUTES NAME OF NOVEMBER 26, 1990 COMMRS. MSYN Bill Armentrout of the Engineering firm of Gee & Jenson explained that Amendment No. 3 to the agreement between their firm and the city for professional services in connection with wastewater system expansion was for evaluation, design and construction of a used .5 MGD package plant at the Buccaneer wastewater treatment facility, said plant being offered by the City of Jacksonville in partial payment for fees relating to providing wastewater service to Hanna Park. This amendment would increase the compensation of that agreement by an amount of $66,536.71. Amendment No. 2 provided for the design of a wastewater pumping station and force main to serve the Sea Gardens condominiums and to divert the flow from that area back into the Atlantic Beach system, and would increase the fees associated with that project by $17,817.90. Mr. Armentrout said it was his understanding this project was required to meet commitments the city had made to provide service to Sea Gardens by June 1991 when the project is expected to be completed. Discussion ensued regarding negotiations with Jacksonville to provide sewer service to Hanna Park. Engineer Alan Potter, 374 Second Street, Atlantic Beach, said there should be virtually no cost to connect Hanna Park because when the Buccaneer system was designed a stub-out had been provided at the Crossroads lift station to connect Hanna Park to the system. Jacksonville did not wish to proceed with the connection at that time. Mr. Potter cautioned the city about buying a used package sewer plant because he said the cost to dismantle, refurbish and relocate same would equal or exceed the cost of buying a new one. It was his opinion a used sewer plant was only worth the cost of scrap metal. Mayor Gulliford explained that package plants would be required to connect to a regional sewer system by 1992 and this could be a matter that could be further negotiated with Jacksonville. Mr. Potter provided the city with a set of as-built drawings of the Buccaneer water and sewer system as of the date the city purchased the system. Discussion ensued regarding the breakdown of the charges itemized on the amendments and Mr. Armentrout agreed to rewrite same to clarify these charges. Motion: Approve Amendment No. 2 to the agreement for Cook x x professional services for wastewater system Tucker x x expansion/consolidation at a cost not to exceed Weldon x $17,817.90 Gulliford x After further discussion, the City Manager explained an amount of about $12,000 had already been paid by Sea Gardens toward the cost of this lift station. The question was called and the motion carried on a three to one vote with Commissioner Weldon voting Nay. • PAGE SEVEN V V MINUTES NAME OF NOVEMBER 26, 1990 COMMRS. MSYN No action was taken on Amendment No. 3 regarding the .5 MGD package sewer plant. C. Public hearing for the supplemental authorization for Gee & Jenson, Inc. to prepare a revised response to the Florida Department of Community Affairs regarding the content of the City's Comprehensive Plan Mayor Gulliford opened the floor for a public hearing and invited comments relative to the city's proposal to adopt a revised Comprehensive Plan. Alan Potter, 374 Second Street, Atlantic Beach, informed the City Commission of an Attorney General's opinion to the effect that when professional services are rendered by licensed, registered, professionals in the State of Florida, no state agency could reject the work of such professional unless the person who rejected the work was educated in the same field and was experienced and licensed in the State of Florida. In the event a set of plans are rejected by the state, an opinion written by an equally or better qualified professional of must be submitted. He questioned whether a lesser qualified person in Tallahassee had the authority to reject a plan which had been prepared for the city by professionals. There being no further comments from the audience, the Mayor declared the public hearing closed. James Parks of Gee & Jenson reiterated that the changes approved by the City Commission included changing the language relative to mobile homes, changed land use map to reduce the density at the north end of the beach to "medium," acknowledged the city's prior history of the city's interest in improving the low area of Atlantic Boulevard at the Intracoastal, removed the requirement that the city do a housing study and deleted funds from the capital improvements program for that purpose, removed the statement that the city would conduct a biological resource survey and said that the city would request this on a volunteer basis from local organizations. Mayor Gulliford reported he had received a letter from DCA requesting submittal of the plan within thirty days. This period of time would allow the City to further examine the changes and could act on the matter at the meeting of December 10, 1990. The City Commission concurred. * * * * * * * * * * * * Jane Bennett, 273 Camelia Street, addressed the City Commission relative to culverts in Section H. She said she had spoken with Mr. Brown of the St. Johns River Water Management District and he had indicated they would not permit all residents to install a PAGE EIGHT V V MINUTES NAME OF NOVEMBER 26, 1990 COMMRS. MSYN 30-foot culvert in addition to the 20-foot driveway culvert and she asked who would make the decision regarding which properties could have the 50-foot culverts. Rosalee Bryant, 163 Camelia Street, said she felt only about three property owners wanted 50-foot culverts. The City Manager was asked to check into the matter and report back to the City Commission. * * * * * * * * * * * * E. Pension Board Report: F. Appointments to fill two seats on the Pension Board City Attorney Jensen provided copies of sections of the city code relative to the pension. He reported the full power and authority regarding investment of the system assets was with the Board of Trustees and that they could employ an outside investment advisor. He said it was his understanding the city had an excellent board and that some of the information provided to the City Commission at the previous meeting may not have been accurate. The performance of the fund for 1990 compares favorably with other funds. Mayor Gulliford referred to correspondence he had received from Gary Wetherhold and commented that the City Commission appoints only two members of the board. Commission appointees were Richard White and Ron Wingate whose terms would expire at the end of the year. Commissioner Weldon asked whether anyone was aware of any reason these two board members should not be reappointed and none was expressed. Motion: Reappoint Ron White and Richard Wingate to further Cook x x terms on the Pension Board of Trustees, said terms Tucker x x to expire December 31, 1992 Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. G. Report relative to definition of night clubs, bar/lounge/ tavern and dance hall. City Attorney Jensen pointed out the city code provided a definition of bar/lounge/tavern and dance hall. After brief discussion it was decided to delete "night club" from the city code. Establishments such as night clubs which serve food, alcoholic beverages, and provide a space for dancing would be required to have separate licenses for each individual activity. Cook x x Motion: Authorize City Attorney to draft ordinance to delete Tucker x x night club from Section 20-59 of the city code Weldon x Gulliford x In discussion before the vote it was agreed the occupational licenses for Champions Night Club should be reviewed and a refund made for the difference between the cost of a night club license and the new licenses issued. V V PAGE NINE NAME OF MINUTES COMMRS. MS Y N NOVEMBER 26, 1990 City Attorney Jensen also provided the City Commission with a copy of a letter he had written to Robert W. Miller of Jacksonville Electric Authority regarding franchise fees and the error in billing for the off base Navy housing. Alan Potter provided the City Commission with copies of an excerpt from Florida Statutes Chapter 403 under which the Department of Environmental Regulation operates and pointed out the powers and duties. He pointed out the DER is prohibited from doing any tests of the waters that affect Atlantic Beach without first notifying Atlantic Beach that they intend to do the tests and allowing Atlantic Beach personnel to participate and to provide copies of all documents and split all samples taken for independent laboratory analysis. He said he brought this up in connection with the proposed stormwater management utility and explained that where more than one entity discharged into any body of water in Florida, the requirement for all testing falls upon the DER. He pointed out there was more than one entity which discharged into the Intracoastal Waterway and that the City of Atlantic Beach should not be put into the position of wasting money to meet state mandates. Commissioner Tucker informed the City Commission that she would be out of town and could not attend the next meeting. City Attorney Jensen reported he had been authorized to offer $29,500 for property adjacent to the sewer plant owned by Mr. Whitehead. The property has since been appraised at $30,500 and Mr. Whitehead was willing to accept this amount. The City Attorney request authorization to proceed with the purchase. Cook x Motion: Authorize the City Attorney to proceed with purchase Tucker x x of Whitehead property at a cost of $30,500 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford asked the City Commission to continue to develop the list of services which the city feels should be provided by Duval County. This list will be presented to Mayor Hazouri at the next meeting of the Mayors. The Mayor also requested authorization for Mrs. Blanchard to purchase a Christmas Tree for the tree lighting ceremonies at Russell Park on December 6, 1990. Cook x x Motion: Approve purchase of a Christmas Tree at a cost not Tucker x x to exceed $200.00 with funds from Commission Weldon x x Contingency Fund Gulliford x No discussion before the vote. The motion carried unanimously. PAGE TEN V V MINUTES NAME OF NOVEMBER 26, 1990 COMMRS. MSYN After brief discussion regarding closing City Hall for half day on Christmas Eve, Commissioner Cook moved as follows: Cook x x Motion: Authorize half day holiday on Christmas Eve for all Tucker x x city employees Weldon X * Gulliford x No discussion before the vote. The motion on a three to one vote with Commissioner Weldon voting Nay. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 10:00 PM. William I. Gulliford, Jr. Mayor/Presiding Officer ATTES T: Maureen King, .ty CYeris * Commissioner Weldon requested correction of his vote. See approval of minutes at the meeting of December 10, 1990.