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09-27-93 v AMENDED AGENDA CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, SEPTEMBER 27, 1993, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of September 13, 1993 2. Presentation: A. Proposal regarding advertising in the City's newsletter (Joanne Morrisseau) 3. Recognition of Visitors: 4. Old Business: A. Discussion and related action requesting appeal of variance denial to build a carport by Annabell Wallace (City Planner George Worley) B. Discussion and related action relative to approval of bid 9293-27 Articulating Boom Mower & Tractor (PW Director Bob Kosoy) C. Discussion and related action regarding the proposed Jack Russell Park concession stand remodeling (City Manager Kim Leinbach and Parks & Recreation Director Rose Blanchard) 5. Resolution: A. Resolution #93-35 honoring Gregg McCaulie-serving on the Community Development Board and the Charter Revision Committee and his service the the community B. Resolution 93-38 budget transfer in stormwater utility account C. Resolution relative to DOT contract proposal for maintenance of medians ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 6. Consent Agenda: A. Water and Sewer Committee report B. Approval of bid 9293-30 for janitorial service C. Nominations for 2 seats on the Park & Recreation Advisory Board D. Approval of Change Order No. 1 - water main improvements for 3rd and 8th Streets - credit to City of Atlantic Beach for $17,065 7. Ordinances: A. Final reading and public hearing of Ordinance #80-93-52 to consolidate the water and sewer funds for financial reporting purposes and establish a return on investment policy from Buccaneer Utilities to the general fund B. Final reading and public hearing of Ordinance 90-93-161 rezone six lots on north side of Cornell Lane C. Final reading and public hearing of Ordinance #58-93-19 excluding elected officials from participating in the retirement system 8. New Business: A. Public hearing to adopt the millage rate and budget for Fiscal Year 93/94 (al) millage rate for Fiscal Year 1993/94 (a2) budget for Fiscal Year 1993/94 B. Discussion and related action relative approval of Pittman Hartenstein engineering contract for Atlantic Beach Wastewater Treatment Plant for $318,030 (PW Director Bob Kosoy) C. Discussion and related action concerning occupational license for Habitat and Atlantic Beach Experimental Theater (City Clerk Maureen King) 9. City Manager Reports and/or Correspondence: 10. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V :OMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT O O .': 15 PM ON MONDAY, SEPTEMBER 27 , 1993 T T E E PRESENT: William I . Gulliford, Jr. , Mayor D D Glenn A. Edwards Lyman T. Fletcher Adelaide R. Tucker, and M S J. Dezmond Waters, III , Commissioners 0 E T C AND: Kim D. Leinbach, City Manager I 0 Y Alan C. Jensen, City Attorney NAME OF ONEN Maureen King, City Clerk COMMRS. NDSO The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Fletcher, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of September 13, 1993. EDWARDS X X FLETCHER X Motion: Approve minutes of the regular meeting of TUCKER X X September 13, 1993 . WATERS X GULLIFORD X No discussion before the vote. The motion carried inanimously. Mayor Gulliford asked candidates to introduce themselves, and candidates who were present introduced themselves and indicated the seat for which they were running. David Thompson, Police Chief, introduced four new reserve officers. The Mayor welcomed the reserve officers to the City. Agenda Item 5A was taken out of sequence and acted upon at this time. A. Resolution #93-35 : A RESOLUTION OF THE CITY OF ATLANTIC BEACH HONORING GREGG MC CAULIE FOR HIS SERVICE ON THE COMMUNITY DEVELOPMENT BOARD Mayor Gulliford presented in full, in writing, Resolution #93-35 . EDWARDS X Motion: Approve passage of Resolution 93-35 FLETCHER X TUCKER X X No discussion before the vote . The motion carried WATERS X X unanimously. GULLIFORD X Mayor Gulliford presented Resolution 93-35 in plaque V V Page 2 NAME OF September 27 , 1993 COMMAS. MSYN form to Gregg McCaulie. The Commissioners, City Attorney, and City Manager complimented Mr. McCaulie on his professionalism throughout the years of his service on the Board. Commissioner Tucker thanked Mr. McCaulie for serving on the Charter Revision Commission. Mayor Gulliford referred to Agenda Item 7B, Public Hearing on Ordinance #90-93-161 , and he indicated the owner of the property wished to defer action on the ordinance until the next commission meeting. The Mayor indicated he would open the public hearing later in the meeting, invite visitors to speak, and continue the public hearing at the meeting of October 11 , 1993 . 3 . Recognition of Visitors: Beth Robertson, 308 Ocean Boulevard, reported her dog was killed on East Coast Drive and she asked for more aggressive action to control speeding. Chief Thompson indicated he would conduct a visual inspection relative to traffic on East Coast Drive and would make recommendations at the next meeting. The Mayor asked that a study be conducted on Ocean Drive. Several people in the audience asked if Sherry Drive and Seminole Road could be included in the recommendations from the Police Department. Alan Potter reminded everyone to vote for Ocean County in the election of October 5 , 1993 . Agenda Item 7B was taken out of sequence and acted upon at this time. B. Ordinance #90-93-161 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE ZONING CLASSIFICATION OF PROPERTY KNOWN AS THE SIX RESIDENTIAL LOTS ON THE NORTH SIDE OF CORNELL LANE, ALSO KNOWN AS R. E. NUMBERS 177476-0500 , 177545-0000, 177545-0010 , 177423-0010, 177421-0000 , 177535-0000, FROM RS-2 SINGLE FAMILY TO RG-3 MULTI FAMILY; AMENDING THE OFFICIAL ZONING MAP TO REFLECT THIS CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, ordinance #90-93-161 , said ordinance having been posted in accordance with Charter requirements . He opened the floor for a public hearing and invited comments from the audience. The Mayor explained action would be taken October 11 , V V Page 3 NAME OF September 27, 1993 COMMRS. MSYN 1993 but that the Public Hearing could begin tonight and would be continued October 11th. William Kirkpatrick, 95 Saratoga Circle South, reminded the Commission that a petition in opposition to the rezoning was presented some time ago and signed by 95% of the residents of Saratoga Circle . He distributed pictures of the surrounding area including the Atlantic Arms Apartments. Many residents of Saratoga Circle spoke and indicated their opposition to the rezoning of the property. It was felt HUD housing would be detrimental to the area and would increase crime. One area resident opposed construction of all 40 HUD units allocated for Jacksonville City Council District 3 being in Atlantic Beach. David Thompson, Police Chief, indicated the Police Department was opposed to the proposed rezoning. Since no one wished to speak further the Mayor closed the public hearing. The Mayor explained the Public Hearing would be )ntinued on October 11 , 1993 when the matter would be .solved. EDWARDS X Motion: Continue Public Hearing and defer FLETCHER X action until the meeting of October 11 , 1993 TUCKER X X WATERS X A discussion ensued concerning whether or not to defer GULLIFORD X X the public hearing. It was felt the owner could possibly defer the matter again, and thus delay action. The City Attorney was asked to advise whether the matter could be withdrawn if it was before the Commission for action. Commissioner Fletcher indicated the matter had been continued two or three times and he felt the Commission had a duty to the citizens to make an effort to take action. He indicated he understood the owner of the property was not in the audience and thus action could not be taken, but he felt in the future continuations should not be granted. He felt a resolution should be prepared to clarify that if a public hearing had been advertised the item could not be withdrawn. It was explained under the existing code the mayor had the right to defer action on an issue. The question was called and the vote resulted in all yes. The motion carried. V V Page 4 NAME OF September 27 , 1993 COMMRS. MSYN The Mayor explained the Public Hearing would be continued October 11 , 1993 and he invited all interested parties to attend. At this time the Mayor called a recess from 8 :00 p. m. until 8 : 15 p. m. 2 . Presentation: A. Proposal regarding advertising in the City' s newsletter JoAnne Morrisseau gave a presentation to take over the City' s Newsletter and make it a profitable venture. She proposed increasing pages from six pages to eight pages in order to generate advertising revenues to pay for production, to allow not more than 50% of the newsletter to be given up for advertising, and to add more human interest stories and a calendar of events. She proposed that the City continue to pay for the postage and mailing of the newsletter. It was decided that this matter would be an agenda item for the meeting of October 11 , 1993 at which time action would be taken. 4. Old Business: A. Discussion and related action requesting appeal of variance denial to build a carport by Annabell Wallace George Worley, Planning Director, presented an appeal of a denial of the Community Development Board to build an aluminum carport at 221 Seminole Road. It was indicated the carport would encroach the side yard setback, and it was explained the next door neighbor of Mrs. Wallace had received a variance to construct a carport. The Mayor suggested the Chairman of the Community Development Board or his designee attend commission meetings when appeals are presented in the future so that action of the Board could be fully explained. Mrs. Wallace explained she had recently retired and as a result her car was subjected to elements of sun and bad weather and she wished to protect it by placing it under a carport. It was determined there would be a distance of 5 ' between the proposed carport of Mrs. Wallace and the carport of her neighbor. V V Page 5 NAME OF September 27, 1993 COMMRS. MSYN EDWARDS Motion: Grant request to build aluminum FLETCHER X carport TUCKER X WATERS Commissioner Fletcher was concerned that the granting GULLIFORD of this request might some day result in the carport being closed in and made into a room. Alan Jensen suggested imposing conditions on the construction of the carport. EDWARDS X Substitute Motion: Grant request to build a FLETCHER X X carport constructed of aluminum, only, with TUCKER X X the stipulation that the carport could not be WATERS X enclosed or screened at a later date GULLIFORD X Commissioner Waters felt the carport of Mrs. Wallace and the carport of her next door neighbor were too close and could be a fire hazard. He suggested amending the motion so that construction would take place further back on the lot. Motion: Grant request to build a carport EDWARDS FLETCHER constructed of aluminum, only, with the TUCKER stipulation that the carport could not be WATERS X enclosed or screened at a later date, and that the carport be constructed so that it GULLIFORD was not adjacent to the carport of the next door neighbor Motion died for lack of a second. The question was called on the substitute motion and the vote resulted in all ayes. The motion carried unanimously. Commissioner Fletcher asked that the minutes reflect the variance was granted to the residence of 221 Seminole Road, only. B. Discussion and related action relative to approval of bid 9293-27 Articulating Boom Mower & Tractor Bob Kosoy, Public Works Director, introduced Mr. Birdall of Industrial Tractor who explained the problems which had been experienced with previous repairs of a Kubota tractor. Mr. Birdall indicated parts would be more readily available. EDWARDS X X Motion: Approve purchase of Kubota M8030MDT FLETCHER X X Tractor from Industrial Tractor at $42 ,520 . 00 TUCKER X - Bid No. 9293-27 WATERS X GULLIFORD X V V Page 6 NAME OF September 27 , 1993 COMMRS. MSYN The question was called and the vote resulted in all ayes. The Mayor asked Mr. Birdall to convey to the service manager that the City would like to have more attention given to the service of the Tractor in the future. C. Discussion and related action regarding the proposed Jack Russell Park concession stand remodeling It was decided to defer this matter until the meeting of October 11 , 1993 . 5 . Resolution: A. Resolution 93-35 - (this was addressed earlier in the agenda) B. Resolution 93-38 - A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Kirk Wendland, Finance Director, reported this represented the transfer of $20 , 000 in the Stormwater Jtility Account from the fund balance for payments for 2rofessional services. He explained most of the expenditures this year had been in connection with the application for NPDES permit. Next year the Master Plan would be developed following which some additional projects would be undertaken. He added some minor projects had already been completed. EDWARDS X X Motion: Approve passage of Resolution 93-38 FLETCHER X TUCKER X X After a brief discussion the question was called and WATERS X the motion carried unanimously. GULLIFORD X C. Resolution 93-39 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE CITY TO MAINTAIN CERTAIN PORTIONS OF ATLANTIC BOULEVARD AND MAYPORT ROAD, AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Resolution 93-39. EDWARDS X FLETCHER X X Motion: Approve passage of Resolution 93-39 TUCKER X WATERS X X Kim Leinbach reported as part of the agreement the city GULLIFORD X would be receiving $18 , 600 for upkeep of rights-of-way of Atlantic Boulevard and Mayport Road. V V Page 7 NAME OF September 27, 1993 COMMRS. MSYN Commissioner Waters questioned how staff would fulfill "G" on page 2 of the Agreement between DOT and the City which spoke to sweeping roadways , etc. when the City does not have a street sweeper. The City Manager indicated staff would sub-contract the street sweeping. Bob Kosoy indicated the city already sub-contracted street sweeping and adding Atlantic Boulevard and Mayport Road to the list of streets under contract would not be a burden. Ruth Gregg inquired how it was determined which streets would be swept and Bob Kosoy explained all streets were cleaned. She asked what staff intended to do with the money paid by the DOT. She indicated in the past the city had cleaned and edged only its own property and she asked if some money could be allocated to clean the Royal Palms area as well as other areas. The Mayor responded some funds could be diverted to clean the Royal Palms area as well as other areas. The question was called and the vote resulted in all ayes. The motion carried. . Consent Agenda: . Water and Sewer Committee report B. Approval of bid 9293-30 for janitorial service C. Nominations for two seats on the Park & Recreation Advisory Board (this was withdrawn from the Consent Agenda until the meeting of October 11 , 1993) D. Approval of Change Order No. 1 - water main improvements for 3rd and 8th Streets - credit to City of Atlantic Beach for $17 ,065 Commissioner Waters asked that Item B be removed from the Consent Agenda. EDWARDS X X FLETCHER X Motion: Approve passage of consent agenda TUCKER X X with the exception of Item B WATERS X GULLIFORD X No discussion before the vote. The motion carried unanimously. B. Approval of bid 9293-30 for janitorial service Commissioner Waters asked if this was the same company that the City had utilized in the past. Kim Leinbach, City Manager, explained the schedule of service had been revised but the current janitorial service had presented the low bid. The Awards Committee ecommended the contract with Jani-King Commerical k.leaning be continued in accordance with specifications of Bid #9293-30. V V Page 8 NAME OF September 27, 1993 COMMRS. MSY N EDWARDS X Motion: Approve passage of consent agenda FLETCHER X Item B TUCKER X X WATERS X X No discussion before the vote. The motion carried GULLIFORD X unanimously. 7 . Ordinances: A. Ordinance #80-93-52 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 22, UTILITIES, BY ADDING SECTIONS TO COMBINE THE ATLANTIC BEACH, OAK HARBOR AND BUCCANEER WATER AND SEWER SYSTEMS FOR FINANCIAL REPORTING PURPOSES ONLY, TO ESTABLISH A RETURN ON INVESTMENT POLICY FOR THE BUCCANEER PLANT, AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Ordinance #80-93-52 , said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience . Alan Potter referred to Sec. 22-2 Buccaneer plant- return on investment, and indicated transfers from utilities to the general fund were misleading. He did not feel this was good practice, and he suggested deleting Section 22-2 from Ordinance #80-93-52. Since no one wished to speak further the Mayor closed the Public Hearing. EDWARDS X X Motion: Approve passage of Ordinance FLETCHER X #80-93-52 on Final Reading TUCKER X WATERS X X Commissioner Fletcher felt it was not a good idea to GULLIFORD X put money from a utility into the General Fund without examining the matter every year. He indicated he would like the Commission to make a policy decision every year and not have the matter addressed in ordinance form on an automatic basis. Substitute Motion: Approve passage of EDWARDS X Ordinance #80-93-52 on Final Reading, as FLETCHER X X amended - Amendment: delete Sec. 22-2 TUCKER X X Buccaneer plant-return on investment WATERS X GULLIFORD X A discussion ensued relative to a utility subsidizing the General Fund, and the Mayor felt that if this was not done advalorum taxes would have to be raised. He V V Page 9 NAME OF September 27, 1993 COMMRS. MSYN felt it was prudent for the City to pass the ordinance without deleting Sec. 22-2, and he indicated he felt before putting money into the General Fund the matter would be addressed by the Commission every year. The question was called on the substitute motion to pass the ordinance as amended by deleting Sec. 22-2 and the vote resulted in 2-3 with Commissioners Edwards and Waters and Mayor Gulliford voting nay. The motion failed. The question was called on the original motion to pass the ordinance and the vote resulted in 3-2 with Commissioners Fletcher and Tucker voting nay. The motion carried. B. Ordinance #90-93-161 - Public Hearing (this was addressed earlier in the agenda) C. Ordinance #58-93- 19 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-271. MEMBERSHIP, TO EXCLUDE ELECTED OFFICIALS FROM ?ARTICIPATION IN THE CITY EMPLOYEES RETIREMENT SYSTEM, AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Ordinance #58-93- 19 , said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. Since no one wished to speak the Mayor closed the public hearing. EDWARDS X FLETCHER X Motion: Approve passage of Ordinance TUCKER #58-93-19 on Final Reading WATERS GULLIFORD Commissioner Waters suggested changing the date the ordinance would go into effect to November 2 , 1993 to correspond with the induction of the new commission into office. EDWARDS X Substitute Motion: Approve passage of FLETCHER X Ordinance #58-93-19 on Final Reading, as TUCKER X X " amended - Amendment - ordinance would take WATERS X X effect November 2 , 1993 GULLIFORD X Che question was called and the motion carried unanimously. V V Page 10 NAME OF September 27, 1993 COMMRS. MSYN 8. New Business: A. Resolution #93-40 - A RESOLUTION SETTING THE MILLAGE RATE TO BE LEVIED ON ALL REAL AND PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF ATLANTIC BEACH FOR FISCAL YEAR 1993/94 Mayor Gulliford presented in full, in writing, Resolution #93-40. The Mayor explained this was a Public hearing to adopt the millage rate for Fiscal Year 93/94 . He opened the floor for a public hearing and invited comments from the audience. Jimmy Hill, 372 7th Street, felt citizens were willing to pay tax increase since it had been explained to them what they are getting for the additional taxes. Rodger Steinam opposed the tax increase. He felt employees were fairly paid. Eugene Cruz indicated he was an employee of the City 'or the past two years . He indicated he had received :raining and hoped the City would pay him and other employees fairly. William McGee complained of fund transfers from utilities to general fund. He did not feel water/sewer funds should be used in lieu of property taxes. William Ryszykow indicated he was on a fixed income and could not afford increased taxes. Since no one wished to speak further the Mayor closed the public hearing. EDWARDS X FLETCHER X X Motion: Approve passage of Resolution 93-40 TUCKER X WATERS X X Commissioner Waters felt it would not be prudent to GULLIFORD X adopt a millage rate lower than 3 . 1721. He felt a lesser amount would leave the city in a bind. The question was called the vote resulted in 3-2 with Commissioner Tucker and Mayor Gulliford voting nay. The motion carried. Resolution 93-41-A RESOLUTION ADOPTING AN OPERATING 9UDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1993 AND ENDING V V Page 11 NAME OF September 27 , 1993 COMMRS. MSYN SEPTEMBER 30 , 1994 Mayor Gulliford presented in full, in writing, Resolution No. 93-41 . EDWARDS X X Motion: Approve passage of Resolution No. FLETCHER X X 93-41 and adopt budget for fiscal year TUCKER X 1993/94 (Exhibit A) WATERS X GULLIFORD X No further discussion, and on roll call vote, the motion carried by a vote of 3 - 2 with Commissioner Tucker and Mayor Gulliford voting nay. The motion carried. B. Discussion and related action relative approval of Pittman Hartenstein engineering contract for Atlantic Beach Wastewater Treatment Plant for $318 , 030 Bob Kosoy, Public Works Director, reported the total proposed not-to-exceed fee was $318 , 030 . 00 . He indicated this was the negotiated price presented to the Water and Sewer Committee on September 16, 1993, ad was approved by the Committee, Staff, and the City ttorney. Motion: Approve execution of contract with EDWARDE X X Pitman Hartenstein & Assoc. , Inc. for design FLETCHER X X contract for Atlantic Beach wastewater TUCKER X treatment plant expansion in the not to WATERS X exceed fee of $318 ,030 . 00 GULLIFORD X The question was called and the motion carried unanimously. C. Discussion and related action concerning occupational license for Habitat and Atlantic Beach Experimental Theater Maureen King, City Clerk, advised the question which needed to be resolved was whether either of the businesses needed to apply for a Use-by-Exception, and if so, should the $100 . 00 application fee be waived. Alan Jensen advised since the Community Center was located in a residential district and in order to get an occupation license it would be necessary for the businesses to obtain uses-by-exception. He indicated tthe businesses should go through the same procedure as very other business. V V Page 12 NAME OF September 27, 1993 COMMRS. MSYN EDWARDS X Motion: Waive fee requirement for use-by- FLETCHER X X exception for charitable and non-profit TUCKER X X organizations using city facilities WATERS X GULLIFORD X The question was called and the motion carried unanimously. 9 . City Manager Reports and/or Correspondence: Kim Leinbach, City Manager, indicated he would be sending out Request for Proposals for banking services. The commission asked that he provide them with a one- page evaluation sheet prior to awarding the contract. Alan Potter suggested including information indicating if a bank was located in and paid taxes to the City of Atlantic Beach. Kim Leinbach reported two cities had received recognition from the Florida League of Cities for youth activities. Commissioner Tucker invited everyone to vote for the City Charter on October 5 , 1993 . Mayor Gulliford invited everyone to come to the political forum to be held Tuesday, September 28 , 1993 from 7-9 p. m. in the Atlantic Beach School. There being no further business the Mayor adjourned the meeting at 10 : 30 p. m. I ii Alu A1 illiam I . ' ul "ir.rd, Ir. Mayor/Presidi • ri•er ATTES T: ! � 9 Mabeen King,/Citlerk