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06-27-88 v t t CITY OF ATLANTIC BEACH REGULAR MEETING JUNE 27, 1988 Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of June 13, 1988 2. Recognition of visitors 3. Bids returnable: A. Sealed bids for the cleaning of certain drainage ditches within the City 4. Appearances: A. Mr. Vincent J. Schuppert, Executive Director of the Greater Jacksonville Area U.S.O. B. Representatives of Smith and Gillespie Engineers to discuss development of the regional sewer master plan C. Rev. Pierce Ewing to discuss the status of Jordan Street in the vicinity of Mt. Pisgah Church 5. Committee Reports: A. Commissioner Alan Jensen with a committee report and recommen- dations relative to a new lighted tennis court at Russell Park B. Commissioner Glenn Edwards with the committee report and recommendations relative to installation of aerators at the sewage effluent pond and Aquatic Gardens retaining basin C. Commissioner Robert Cook with a report and recommendations on street resurfacing and sidewalk construction 6. Action by the City Commission to authorize advertising under the Consultants Competitive Negotiation Act for the preparation of plans and specifications for repairs to six sewage lift stations 7. Acknowledge receipt of communications from the Community Develop- ment Board and action by the City Commission on same: A. Action on recommendations of the Community Development Board to grant approval for a variance to allow installation of a septic tank on Lot 6, Block 211, Section H, Gladiola Street (Subject to the applicant tying into the public system when it becomes available B. Action on a recommendation of the Community Development Board to approve a use by exception for a home occupation for Mr. Herbert Moller, 1911 Beach Avenue for using his home as a real estate brokerage office, and setting a public hearing for July 11, 1988 C. Action on a recommendation of the Community Development Board for an exception for a home occupation by William Blake at 230 Begonia Street, for a motion picture production office with some editing on the premises and no outside storage, and setting of a public hearing for July 11, 1988 D. Action on a recommendation by the Community Development Board on an application for exception for a home occupation for Matthew Smith at 705 Sailfish Drive for a lawn service office with no outside storage of equipment, and setting of a public hearing for July 11, 1988 (Exception to be issued to Mr. Smith personally) E. Action on Community Development Board recommendation for approval of an exception by William Collins to allow a conve- nience food store with retail sale of gasoline at 1211 Mayport Road, and setting of a public hearing for July 11 , 1988 F. Action on Community Development Board approval of an applica- tion for amendment of the City Comprehensive Plan to change the land use adjacent to Sevilla Condominiums from Open Rural to a Planned Unit Development, and setting of a public hearing for July 11, 1988 8. Action on Ordinances: A. Ordinance No. 90-88-131 Continued public hearing and final reading of an Ordinance proposing to rezone property on Mayport Road adjacent to Donner Road from CL (Commercial Limited) to CG (Commercial General) to provide a use for a Goodyear Tire Store B. Ordinance No. 90-88-143 Introduction and first reading of an Ordinance proposing to amend the zoning Ordinance to allow additional uses by excep- tion in a CL district, and referring to the Community Develop- ment Board for review and recommendations 9. Action on Exceptions: A. Continued public hearing on an application for exception for Fred Lewis to allow auto and truck service repairs on property on Mayport Road adjacent to Donner Road 10. Miscellaneous 11. Mayor to call on City Attorney, City Clerk, and City Manager for reports and/or requests Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V COMMISSION HELD AT CITY HALL ON JUNE 27, 1988 AT 7 :15 P.M. V V0 V 0 PRESENT: William S. Howell, Mayor/Presiding Officer T T Glenn A. Edwards E E William I. Gulliford, Jr. D D Alan C Jensen, Commissioners AND: Richard C. Fellows, City Manager M S O E Claude L. Mullis, City Attorney T C Adelaide R. Tucker, City Clerk I 0 Y NAME OF ONEN ABSENT: Robert B. Cook, Sr. , Commissioner, Out of Town COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation,offere3 by Commissioner Edwards was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of June 13, 1988 Motion: Minutes of the regular meeting of June 13, 1988 be approved Edwards x x as submitted. Gulliford x Jensen x x No discussion before the vote. Motion carried unanimously. Howell x * * * ;: * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Recognition of Visitors - None S. Bids returnable: A. Sealed bids for the cleaning of certain drainage ditches within the city The following bids were received and opened 1. Aquatic Weed Removal Crystal River, Fl. $ 3,008.00 City to pay dumping fees 2. Barcorp, Inc. , Jacksonville, F1.-clean only $ 6,960.00 Clean ditches and haul off material 13,920.00 Unit cost: Clean ditches only $1.50 per lin.ft. clean ditches and haul $3.00 per lin.ft. 3. Environmental Services, Jacksonville, Fl. $35,000.00 4. The Lake Doctors, Winter Springs, Fl. Annual for Skate Road $ 1,800.00 Annual for Russell Park $ 540.00 Annual for Seminole Rd. $ 960.00 Underwater and vegetation control program total as bid specified $ 2,760.00 5. Lake & Pond Management,Jacksonville,F1. will handle the project with the use of chemicals service per month based on yearly contract $ 2,500.00 Bid tabulation attached hereto and made a part thereof. * * * * * * * * * * * * * * * * * * * * * * * * * PAGE TWO V V MINUTES NAME OF JUNE 27, 1988 COMMRS. MSYN 3. Bids - continued Motion: Bids be sent to Committee to report back at the next Edwards x x meeting. Gulliford x Jensen x x No discussion before the vote. Motion carried unanimously. Mayor Howell x Howell appointed Commissioner Jensen to Chair the Committee. * * * * * * * * * * * * * * * * * * * ;; * * * * * * 4. Appearances: A. Mr. Vincent J. Schuppert, Executive Director of the Greater Jackson- ville Area U.S.O. Mr. Schuppert offered a presentation of the proposed new USO to be located on Mayport Rd. Approximately $890,000 had to be raised for con- struction of the building. Mr. Schuppert asked the City Commission to consider waiving the water and sewer impact fees for the new USO. They are receiving considerably other local governmental help. The State of Florida has allocated $50,000 out of their new budget for the construct- ion of the facility, and a bill is in committee in the City of Jackson- ville for $100,000. Their present plans are to begin construction in August, 1988. Mayor Howell told Mr. Schuppert that USO does a great ob, and if there was any way the city could legally allocate funds .ie would cast an affirmative vote. The City Attorney advised there could be a serious legal problem in waiving the impact fees. Water and sewer rates must be reasonable and uniform, and cannot be levied or applied in any preferential or discriminatory manner. There was also the problem of the bond Ordinance providing that there shall be no free service. Following discussion, the City Manager was instructed to con- tact Mr. Schuppert in a few days after the City Attorney had time to research the request. 4.B. Representatives of Smith and Gillespie Engineers to discuss develop- ment of the regional sewer master plan Mr. Bill Armentrout briefed the Commission on the two items on the reg_onal action. The first was complying with the permit requirement that was con- tained in our permit to operate the new wastewater plant, and to discharge its effluent through the regional outfall. Mr. Armentrout had contacted DER on behalf of the beaches to determine the extent of their require- ments. DER is proposing, in the future, to remodel the St. Johns River to determine the level of treatment that all the communities are requir- ed to meet, and they are asking the beach communities to assist them simply by collecting some background data that DER can use to calibrate their model to be developed several years from now. Mr. Armentrout dis- cussed with DER the possibility of consolidating the requirement for all three beaches and handle it on a regional basis through the current inter- local agreement. He met with the three City Managers for discussion, and 3t present, had approval from Jacksonville Beach and Neptune Beach. There will be four sampling stations, two upstream and two downstream from the outfall, and samples would be taken once per month. • PAGE THREE V V MINUTES NAME OF JUNE 27, 1988 COMMRS. M S Y N 4. B. Bill Armentrout - continued The Environmental Protection Board of the City of Jacksonville adopted a Rule III which established Regional Utilities in Duval County, and also set up a requirement for those utilities to develop Master Plans and update them every two years. The City of Atlantic Beach, along with the other beach communities, was named as Regional Facilities in the rule. A Regional Master Plan has to be developed by Jan. 15, 1989. Since the 201 facilities plan has already been developed some time ago, Mr. Armentrout said all that was required now was to update that 201 plan. The cost could be shared among the three beach communities. Currently Jacksonville Beach would pay two-thirds (2/3) of the cost, Atlantic Beach twenty-two (22%) percent roughly, and Neptune Beach would pay eleven to twelve (11-12%) percent of the cost. Mr. Armentrout explained the scope of the study would include establish- ment of goals for achievement award quality, planning for expansion to accommodate growth, planning for phasing out non-complying wastewater facilities within our region and reducing septic tank utilization. The Buccaneer plant, as well as other areas that we might want to include in our region would come into play within the expansion of growth and determining the most effective means for expanding to provide for that growth. Discussion followed re our pro-rata share including Buccaneer. Motion: Agree in concept to proceed with the study and report back. Edwards x x Mr. Armentrout will check into using the current inter- Gulliford x x local agreement for the development of the regional master Jensen x plan for sewer as required by DER and Bio-environmental Howell x Services by January 15, 1989. No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Motion: Authorize Smith & Gillespie Engineers to undertake a Edwards x x feasibility study (Part I) for the possible consolidation Gulliford x of the Buccaneer and Atlantic Beach sewer plants, not to Jensen x x exceed $7,000. Part II would not be put into place unless Howell x it was agreed to later in writing. No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 4 C. Rev. Pierce Ewing to discuss the status of Jordan St. in the vicinity of Mt. Pisgah Church Rev. Ewing offered a brief outline of their Church's plans to combat drugs. He commended Chief David Thompson for taking interest in the program. On July 6, 1988 at 7 :30 p.m. a meeting will be held at Mt.Pisgah lurch on drugs. Chief Thompson will be present, and all interested )ersons were also invited to attend. Rev. Ewing asked the Commission to put some money in next year's budge: for the possible paving of Jordan St.in the vicinity of Mt.Pisgah Church. PAGE FOUR V V MINUTES NAME OF JUNE 27, 1988 COMMRS. MSYN 5. Committee Reports A. Commissioner Alan Jensen with a Committee Report and recommendation relative to a new lighted tennis court at Russell Park Commissioner Jensen reported the Committee met on Wednesday, June 22, 1988 at City Hall at 11:15 a.m. to review and evaluate the three bids received. The lowest and best bid was from Sport Courts, Inc. The Committee recommended unanimously that the Commission award the bid to Sport Courts, Inc. Motion: Award the bid for a new lighted asphalt tennis court at Edwards x x Russell Park to Sport Courts, Inc. in the amount of Gulliford x $18,270, as the lowest and best bid. Jensen x x Following discussion before the vote, Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mayor Howell presented in full, in writing, Resolution No. 88-10, a Resolution to transfer sufficient funds from the General Fund to the Capital Projects Fund to fund the construction of the tennis court at Russell Park. This was a budgeted item for FY 87-88. Motion: Passage of Resolution No. 88-10. Edwards x Gulliford x x Jensen x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B Commissioner Glenn Edwards with the committee report and recommendation relative to installation of aerators at the sewage effluent pond and Aquatic Gardens retaining basin Commissioner Edwards reported the Committee met on Wednesday, June 15th at 3: 15 p.m. in City Hall to evaluate the bids. One alternate bid was received which would have been selected, but the City Attorney advised they could not recommend an alternate bid due to the fact the other bidders were not given the same opportunity. Following a lengthy dis- cussion, the Committee voted to recommend the Commission award the bid to North Florida Irrigation whose bid was $9,900.00. Discussion ensued relative to the procedures to ask for alternate bids , Motion: Reject all bidders. Provide specifications for alternate Edwards x bids, and advertise for new bids. Gulliford x x Jensen x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C.Commissioner Robert Cook with a report and recommendation on street resurfacing and sidewalk construction Mr. Fellows reported for Commissioner Cook. Specifications were mailed to twelve firms. Four responded, of which two, E.W.P. and Barco, could PAGE FIVE V V MINUTES NAME OF JUNE 27, 1988 COMMRS. MSYN 5. C. Commissioner Cook with recommendation not bid due to their busy schedules. Following evaluation, it was the unanimous consensus of the Committee to recommend to the Commission that Atlantic Coast Asphalt of Jacksonville be awarded the contract in the amount of $43,278. 19. Motion: Award the contract for street resurfacing to Atlantic Edwards x Coast Asphalt of Jacksonville, as the lowest and best Gulliford x x bid, in the amount of $43,278. 19. Jensen x x Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Mr. Fellows reported on the sidewalk construction, three bids were received. In the breakdown, he had requested certain amount of concrete for sidewalks and certain amount for basketball courts at Donner and Russell Parks. The Committee reviewed the bids on the basketball courts and recommended that portion of the bids be rejected, as they were too high. ( both over $18,000 for 2 courts) . Following discussion on the sidewalks, the Committee reco«uiiended to the Commission the contract tentatively be awarded to Clark but only after the City Manager fully checked the company out. Clark ;ontractors did not comply with requirements on bid bond. A lengthy Jiscussion followed. Motion: Award a contract for sidewalk construction to Vallencourt Edwards x x Construction Co. of Orange Park, Fl. in the amount of Gulliford x x $84,500.00. Jensen x Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6. Action by the City Commission to authorize advertising under the Consultants Competitive Negotiation Act for the preparation of plans and specifications for repairs to six sewage lift stations Motion: Authorize the City Manager to advertise under the Edwards x x Consultants Competitive Negotiation Act for the prep- Gulliford x x aration of plans and specifications for repairs to six Jensen x sewage lift stations. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 7. Acknowledge receipt of communications from the Community Development Board and action by the City Commission on same: k. Action on recommendations of the Community Development Board to grant approval for a variance to allow installation of a septic tank on Lot 6, Block 211, Section H, Gladiola St. Mr. Fellows reported this was a homestead for the owner's children. PAGE SIX V V MINUTES NAME OF JUNE 27, 1988 COMMRS. MSYN 7. A.Action on Variance to allow septic tank - continued Motion: Grant approval for a variance to allow installation of a Edwards x x septic tank on Lot 6, Block 211, Section H, Gladiola St. Gulliford x subject to the applicant tying into the public system Jensen x x when it becomes available. Howell x No discussion before the vote. Motion carried unanimously. * * * * * ;: * * * * * * * * * * * * * * * * * * ;; * * 7. B. C. D. E. and F. Mayor Howell acknowledged applications for: a home occupation for Mr. Herbert Moller, 1911 Beach, for a real estate brokerage office, a home occupation for William Blake, 230 Begonia St. for a motion picture production office, and a home occupation for Matthew Smith, 705 Sailfish Drive for a lawn service office with no outside storage; an application for exception by William Collins to allow a convenience food store wit'i retail sale of gasoline at 1211 Mayport Rd. ,and an application for ameZd- ment of the City Comprehensive Plan to change the land use adjacent to Sevilla Condominiums from Open Rural to a Planned Unit Development. The Mayor set Public Hearings for all of the above for July 11, 1988. L Action on Ordinances: A. Ordinance No. 90-88-131 - continued Public Hearing and final reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING MAP TO REZONE LAND OWAED BY FRED LEWIS, INC. , AND DESCRIBED AS PART OF TRACT "A" ROYAL PALMS UNIT ONE AS SHOWN ON EXHIBIT "A" ATTACHED HERETO FROM COMMERCIAL LIMITED (C-) TO COMMERCIAL GENERAL (CG) ; PROVIDING AN EFFECTIVE DATE. Mayor Howell announced there would be a continued Public Hearing on the Ordinance that was discussed at length at the last meeting, and post- poned in order to hold a meeting with the property owner and City Officials. The Mayor met with Mr. Lewis and Mr. Noe, his Attorney, and Mr. Akra, owner of the property south of the subject property. With the limited zoning on Mr. Lewis's property, it was difficult to improve the occupancy. The Mayor suggested the Commission deny the rezoning and send it back to the Community Development Board with recommendations that they look at an Ordinance that would change Commercial Limited under the Use By Exception to allow all Uses By Exception permitted in Commercial_ General. At the meeting, Mr. Lewis agreed to construct a 6' high chain link fence on top of the existing brick wall; he will construct a con- crete block wall in the alley on the southeast corner of his property. Mr. Lewis will also reconstruct the concrete block enclosure that used to house the dumpster, that according to Mr. Lewis, was knocked down by a city truck, and move the dumpster away from the back wall. The existing gates on the north end would be removed, thereby closing the back alley. Adequate lighting would be installed in the parking lot and dumpster area. Police assistance would be requested at closing. • PAGE SEVEN V V MINUTES NAME OF JUNE 27, 1988 COMMRS. MSYN Action on Ordinances - continued 90-88-131 The City Attorney suggested the Commission, if they so desired, not pass Ordinance No. 90-88-131 with the understanding they would pass 90-88-143 on first reading and set the Public Hearing, and refer the Ordinance to the Community Development Board. Motion: Not to pass Ordinance No. 90-88-131 on second and final Edwards x x reading, with the understanding Ordinance 90-88-143 Gulliford x would be passed on first reading. Jensen x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ORDINANCE NO. 90-88-143, AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 5, SECTION 24-110, TO PROVIDE FOR CHANGES IN THE USES BY EXCEPT- ION IN THE COMMERCIAL LIMITED (CL) DISTRICT; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented Ordinance 90-88-143 in full, in writing, on first reading. Motion: Passage of Ordinance No. 90-88-143 on first reading. Edwards x x Gulliford x x ;o discussion before the vote. Motion carried unanimously. Mayor Jensen x Jowell set the Public Hearing for August 8, 1988. The Ordinance to be Howell x referred to the Community Development Board to report back no later than July 25, 1988. * * * * * * * * * * * * * ,. * * * * * * * * * * * * * * * * * 9. Action on Exceptions: A. Continued Public Hearing on an application for exception for Fred Lewis to allow auto and truck service repairs on property on Mayport Road adjacent to Donner Road Mayor Howell requested that Item 9(A) be referred back to the Community Development Board to report back on July 25, 1988. Motion: Refer the application for exception for Fred Lewis back to Edwards x x the Community Development Board along with Ordinance No. Gulliford x 90-88-143 to report back no later than July 25, 1988. Jensen x x Howell x No discussion before the vote. Motion carried unanimously. The Mayor set the Public Hearing for August 8, 1988. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 10. Miscellaneous The Mayor announced that Mr. Nicholson, coordinator for the world class swim center had met with representatives from Atlantic Beach and Neptu-ie Beach, and Councilman Jarboe from Jacksonville, and representatives from Dcean State Bank. Their recommendation was to use the funds from the"Bed Tax" for a feasibility study. Jacksonville Beach was unable to participate as their "Bed tax" funds were already pledged to their seawalk project, The City Attorney will prepare an inter-local agreement to present at the next meeting. PAGE EIGHT V V MINUTES NAME OF JUNE 27, 1988 COMMRS. MSY N Miscellaneous - continued Motion: Authorize the City Attorney to prepare an Inter-local Edwards x x agreement between Atlantic Beach, Neptune Beach, and the Gulliford x x City of Jacksonville to use "Bed Tax" funds for a feasi- Jensen x bility study for a world class swim center. The agree- Howell x ment to be presented at the next meeting. No discussion before the vote. Motion carried unanimously. * * * ;: * * * * * * * * * * * * * * * * * * * * * * * * * * * Commissioner Gulliford reported on the Committee Meeting on a Transfer Station. They asked Andy May to proceed with evaluating Transfer Statins and report back as soon as possible with appropriate recommendations. Hr. May was concerned relative to delays for permits. Possible locations were also discussed. The City Attorney will furnish the City Manager the latest Statute on the recycling requirements and solid waste manage- ment. Mr. Fellows will furnish each Commissioner a copy of the Statute. Mayor Howell assigned to Commissioner Gulliford's Committee the study of the latest Statute. Some requirements had to met prior to October 1, 1988. * * * * * * * * * * * * * * * * * * * * * * * * ;; * Co comply with Florida Statutes 99.012, Mayor Howell submitted his letter of resignation as Mayor-Commissioner, Seat I, effective on the date he would assume office if elected to the House of Representatives, Florida Legislature, or at 12:01 AM, November 9,1988, whichever occurred earlier. Copy of his resignation attached hereto and made a part thereof. Commissioner Gulliford requested the City Attorney draft an appropriate Resolution that would recognize and express their appreciation to the Mayor for his service to the City of Atlantic Beach. Commissioners Edwards and Jensen also wished the Mayor "Good Luck". * * * * * * * * * * * * * * * * * * * * * * Mr. Fellows reported briefly on the new proposed program called the City of Atlantic Beach Employee Assistance Program. He had considered using the firm Resource EAP, Inc. that was highly recommended by the City Attorney. Motion: Authorize the City Manager to utilize the firm Resource Edwards x EAP, Inc. on a day to day basis until the new budget. Gulliford x x Jensen x x No discussion before the vote. Motion carried unanimously Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * There being no other business to come before the Commission, the Mayor declared the meeting adjourned. ATTEST: it ism S. -owell aitjAkttlAJ Mayor/Presiding Officer Adelaide R. Tucker City Clerk