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02-08-93 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, FEBRUARY 8, 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 January 25, 1993 and Special Called meeting of February 1, 1993. 2. Recognition of Visitors: A. Weblos Scouts, Den 4, Pack 264 in audience 3. Presentations: In recognition of those serving on various committees, plaque presentation to: -Samuel T. Howie - Community Development Board -Joan LaVake - Pension Board of Trustees -Ronald Wingate - Pension Board of Trustees -Herb Moller - Code Enforcement Board 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. 4. Consent Agenda: A. Report on Adele Grage Community Center usage for January B. Water and Sewer Committee report C. Acceptance of Cypress Creek lift station 5. Resolutions: A. Resolution #93-3 relative to budget adjustment for transfer of funds for administrative utility costs B. Resolution #93-4 relative to budget adjustment for transfer of funds to acquire property for expansion of Buccaneer Sewer Plant 6. Ordinances: A. Final reading and public hearing of Ordinance #5-93-23 revising various fees and charges B. Final reading and public hearing of Ordinance #57-93-19 changing the lifeguard operations under the Fire Department. C. Final reading and public hearing of Ordinance #35-93-8 relative to setting up a reserve account for monies raised by the Fire Department D. Final reading and public hearing of Ordinance #10-93-17 amending Section 3-2 for clarification regarding closing hours of establishments serving alcoholic beverages 7. New Business: A. Appeal of variance denial by Community Development Board to construct a garage apartment on a substandard lot (Townsend Hawkes-owner) (George Worley, City Planner) B. Appeal of variance denial by Community Development Board to keep a screened enclosure (Laurie Hesketh) George Worley, City Planner) C. Discussion and related action relating to an Engineering Service Proposal for new water mains for Coquina Place and East Coast Drive (Robert Kosoy, PW Director) D. Discussion and related action requesting acceptance of Engineering Service Proposal for Park Street Drainage Improvements (Robert Kosoy, PW Director) E. Requesting approval of final pay estimate and Change Order #2 for and increase of $19,550.72 for water main replacement for 1st. , 9th, 11th Street (Robert Kosoy, PW Director) F. Request to approve invoice from Pace Company relating to Overrun on point repair at Pine Street and Seaspray Avenue (Robert Kosoy, PW Director) 8. City Manager Reports and/or Correspondence: A. Architectural proposal to Public Safety Building 9. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH V V 00 CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE T ROAD, AT 7 : 15 P. M. MONDAY, FEBRUARY 8, 1993 T E E E D D PRESENT: William I . Gulliford, Jr. , Mayor Glenn A. Edwards Lyman T. Fletcher M S Adelaide R. Tucker, and 0 E J. Dezmond Waters, III, Commissioners T C I O Y AND: Kim D. Leinbach, City Manager NAME OF ONEN Alan C. Jensen, City Attorney COMMRS. N D S 0 Maureen King, City clerk 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 January 25, 1993 and Special Called meeting of February 1 , 1993 Edwards x Motion: Approve minutes of the Fletcher x regular meeting of January 25, 1993 Tucker x x Waters x x No discussion before the vote . The motion carried Gulliford x unanimously. Edwards x x Motion: Approve minutes of the Fletcher x Special Called meeting of February 1 , Tucker x 1993 Waters x x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford read a letter from Harry Reagan, Jacksonville City Councilman, concerning the Inter Local dispute between the City of Atlantic Beach and the City of Jacksonville . The Mayor also read his response to Mr. Reagan. 2 . Recognition of Visitors: Mayor Gulliford welcomed Webelos Scouts, Den 4 , Pack 264 who were in the audience . 3 . Presentations: In recognition of those serving on various committees, plaque presentation to: -Samuel T. Howie - Community Development Board -Joan LaVake - Pension Board of Trustees -Ronald Wingate - Pension Board of Trustees -Herb Moller - Code Enforcement Board Page 2 V v NAME OF Minutes , February 8 , 1993 COMMRS. MSYN Mayor Gulliford presented in full , in writing Resolution 93-3 . RECOGNIZING SERVICE OF SAMUEL T. HOWIE ON COMMUNITY DEVELOPMENT BOARD. Edwards x x Motion: Approve passage of Fletcher x Resolution 93-3 Waters x x Waters x No discussion before the vote . The motion carried Gulliford x unanimously. Samuel Howie stepped to the podium and the Mayor presented Mr. Howie with Resolution 93-3 in plaque form. Mayor Gulliford presented in full , in writing, Resolution 93-5 . RECOGNIZING SERVICE OF HERBERT MOLLER ON CODE ENFORCEMENT BOARD. Edwards x Motion: Approve passage of Fletcher x x Waters x x Resolution 93-5 Waters x Gulliford x No discussion before the vote. The motion carried unanimously. Herbert Moller stepped to the podium and the Mayor presented Mr. Moller Resolution 93-5 in plaque form. Joan LaVake and Ronald Wingate were not present to receive plaques . Recognition of Visitors (continued) Robin McCarthy, 705 Amberjack Lane, requested street lighting between 735 and 745 Amberjack Lane . City Manager Kim Leinbach advised the request would be referred to the Police Department for their recommendation. Alan Potter asked that American National Bank, Atlantic Beach, be given fair and equal treatment by the City. Cliff Taylor, Representative of Habitat, reported lots were purchased via a tax lien sale. When efforts were made to transfer the lots to the City it was determined the title was not clear. Alan Jensen reported the City had a title binder but that encumbrances must be removed. He reported notices had been placed in the newspaper and it would take approximately four to six weeks for handling. It was reported the only expense to the City would be standard closing costs. Page 3 v V NAME Minutes, February 8, 1993 COMMRS. MSYN Item 7A was taken out of sequence and acted upon at this time. 7A. Appeal of variance denial by Community Development Board to construct a garage apartment on a substandard lot (Townsend Hawkes-owner) George Worley, City Planner, reported Townsend Hawkes was the owner of an oceanfront home at 1771 Beach Avenue and a 50 ' x 50 ' lot directly across Beach Avenue. Mr. Hawkes desired to construct a freestanding building containing two living floors above a garage level . The proposed structure would encroach to within ten feet of the rear property line . The proposed use of the building would be the primary residence for Mr. Hawkes. Mr. Worley stated a 50 ' x 50 ' lot was a substandard lot and required a variance for any construction thereon. In addition a variance to the rear setback requirement was also needed and the building height limitation was reduced in direct proportion to the reduced size of the lot. It was explained the original request to construct the building was denied by the Community Development Board. The Board felt the lots had originally been platted to provide additional parking for the oceanfront homes and not intended for the construction of homes . The Board also expressed great concern for the potential adverse impact of additional traffic and restriction of parking in that vicinity. Hans Tanzler, a lawyer representing Mr. Hawkes, reported Townsend and Virginia Hawkes wished to supplement their income with the rental property. He explained property owners in the area, formerly known as Seminole Beach, were told prior to their agreeing to annexation that their right to develop property would not be more restrictive under Atlantic Beach than it was under Jacksonville. The rear setback would have been only 10 feet when the property was part of Jacksonville and the structure could have been constructed. Alan Jensen, City Attorney, advised that because of the promise that was made prior to annexation, and the fact that other property owners in that area had been granted variances based on similar logic, a denial of this request would not be defensible in court . Page 4 V V NAME OF Minutes, February 8, 1993 COMMRS. MSYN Motion: Grant three variances Edwards x necessary to construct building on Fletcher 50 ' x 50' lot located at 1771 Beach Tucker x Avenue on the West side of Beach Waters Avenue Gulliford Commissioner Waters felt it was unfair to allow the requested structure height of 27 feet on the substandard lot, as he felt it would be detrimental to the people living behind the proposed structure . It was explained the proposed structure would utilize the same plans as the house behind it . Commissioner Fletcher was concerned with the height of the structure as well as the precedent the structure would set. He added the City had a substandard zoning code for a reason and that was to limit the density in certain areas . Mayor Gulliford felt the Commission should be fair and even-handed. He added beach communities were dense by nature . Substitute Motion: Grant necessary Edwards x variances to build structure on 50 ' x Fletcher x x 50' lot located at 1771 Beach Avenue, Tucker x Waters A x on the West side of Beach Avenue, Gulliford x with the condition that the height of the building be limited to 25 feet and the rear setback 10 feet The question was called and the vote was 3-2 , with Commissioners Edwards and Tucker voting nay. The motion carried. Item 7B was taken out of sequence and acted upon at this time . 7B. Appeal of variance denial by Community Development board to keep a screened enclosure (Laurie Hesketh) George Worley reported Gudron Morrison, represented by Lori Hesketh, constructed a screened enclosure at the rear of her home at 403 Seaspray Avenue in violation of the required rear setback. Ms . Morrison applied for a variance to keep the structure as built. The Community Development Board discussed the fact that no permit was pulled and that the violation could have been avoided had the normal process been followed. Page 5 V V Minutes, February 8, 1993 NAME OF COMMRS. MSYN Motion: Grant variance appeal to Edwards x x keep a screened enclosure at the rear FletcherTuc of 403 Seaspray Avenue Waters x x Waters x Lori Hesketh explained the Gulliford x P porch was enclosed because of a problem of standing water in the yard which was located on a park. She explained as a result of the standing water an abundance of mosquitoes made it impossible to sit on the porch. Thus, the owner decided to screen in the porch. She further explained that because the slab was already in existence, it was not realized by the owner that it would be necessary to obtain a permit. A discussion ensued and it was explained that because a permit was not obtained by the owner the enclosure was not inspected by the Building Department . Lori Hesketh was advised it would be necessary to obtain a permit and have the enclosure inspected by the Building Department . The question was called and the motion carried unanimously. 4 . Consent Agenda: A. Report on Adele Grage Community Center usage for January B. Water and Sewer Committee Report C. Acceptance of Cypress Creek lift station Commissioner Waters requested Item A be withdrawn from the Consent Agenda. Commissioner Fletcher requested Item B be withdrawn from the Consent Agenda. Edwards x Motion: Approve passage of the Fletcher x x Consent Agenda with the exception of Tucker x x Item A and Item B Waters X Gulliford x No discussion before the vote. The motion carried unanimously. A. Report on Adele Grage Community Center usage for January Commissioner Waters indicated his pleasure with the usage of the Adele Grage Community Center, and he commended Rose Blanchard, Parks and Recreation Director, and Carson Merry Baillee, director of the Atlantic Beach Experimental Theater. Page 6 V V NAME OF Minutes, February 8 , 1993 COMMRS. MSYN Edwards x x Motion: Approve passage of Item A of Fletcher x x the Consent Agenda Tucker x Waters x No discussion before the vote . The motion carried Gulliford x unanimously. B. Water and Sewer Committee report Commissioner Fletcher advised it was the intent of the Water and Sewer Committee to obtain interim financing to begin construction on upcoming utility improvements . Alan Potter explained the Commission had authorized the City to work with local banks for interim financing, but that it was not possible to pursue this because the City had not provided water and sewer revenue projections . He felt valuable time was being lost . He indicated his desire to seek a five year quotation and a seven year quotation on a line of credit for $7 million dollars . He explained monies would be used only as they were needed, but by receiving a quotation the City would have funds available, locked into a good interest rate . He explained the City established a scheduled for $10 million in improvements several months ago and city utilities customers were already paying increased rates to finance improvements . Kirk Wendland thought because the city was pursuing borrowing $10 million, the city should hire a financial advisor to recommend the best financing, before deciding to get a bank loan. He referred to the option of obtaining low interest loans though the state, and indicated he thought this might be the most prudent avenue to pursue. He added revenue numbers were available. Kim Leinbach, City Manager, explained information was not being held back, and staff was trying to be careful and prudent. Mayor Gulliford asked Kirk Wendland to have projected water and sewer revenues available at the next Commission meeting. He instructed Kim Leinbach to report on hiring a financial advisor, and a report concerning projected completion dates of the upcoming improvements . After this information was obtained, the Mayor indicated the Commission would seek quotes relative to available lines of credit. Page 7 V V Minutes, February 8, 1993 NAME OF COMMRS. MSYN Edwards x x Motion: Approve passage of Item B of Fletcher x x the Consent Agenda Tucker x Waters x Gulliford x The question was called and the motion carried unanimously. At this time Bob Kosoy asked Harry McNally, Supervisor at Buccaneer Water Plant, to explain the need for expenditure of emergency funds. Mr. McNally explained it would cost $8,400 to replace the pump and motor at each of Well No. 1 and Well No. 2 at the Buccaneer Plant, for a total emergency expenditure of $16 , 800 . Motion: Approve emergency Edwards x x expenditure of $16,800 to replace Fletcher x x pumps and motors at Well No. 1 and Waters x Waters Well No. 2 at the Buccaneer Plant x Gulliford x No discussion before the vote. The motion carried unanimously. 5. Resolutions: A. Resolution 93-7 : A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Edwards x x Motion: Approve passage of Fletcher x Resolution 93-7 Tucker x Waters x x Kirk Wendland explained the budget transfer request Gulliford x would cover costs related to the City' s Water and Sewer utilities and would provide funding for new positions as follows : Data Entry Clerk, Supervisor, and Meter Reader. He also indicated he would need an additional cash register, as well as a dedicated printer for printing utility bills . Commissioner Waters asked that the City hire Atlantic Beach residents whenever possible. The question was called and the motion carried unanimously. B. Resolution No. 93-8: A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Motion: Approve passage of Edwards x x Resolution 93-8 Fletcher x Tucker x No discussion before the vote. The motion carried Waters x x unanimously. Gulliford x 6 . Ordinances: V V Page 8 NAME OF Minutes, February 8 , 1993 COMMRS. MSYN A. Ordinance No. 5-93-23 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 2 , ADMINISTRATION, ARTICLE VII , FINANCE, AMENDING SECTION 2-317 , DISHONORED CHECKS, AND AMENDING SECTION 3-368, FEES AND CHARGES, PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 5-93-23 , 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 x Motion: Approve passage of Ordinance Fletcher x 5-93-23 on final reading Tucker x Waters x x No discussion before the vote . The motion carried Gulliford x unanimously. B. Ordinance No. 57-93-19 - Public Hearing AN ORDINANCE AMENDING SEC. 2-63 OF THE ATLANTIC BEACH CODE, PLACING LIFEGUARDS UNDER THE AUTHORITY OF THE FIRE CHIEF, PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 57-93-19 , 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 Motion: Approve passage of Ordinance Fletcher x x No. 57-93-19 on final reading Tucker x Waters x x No discussion before the vote . The motion carried Gulliford x unanimously. C. Ordinance No. 35-93-8 - Public Hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH TO AMEND CHAPTER 2 , ARTICLE VII . FINANCE, DIV. 1 . , SEC. 318 , DIRECTING THE FINANCE DIRECTOR TO SET UP A RESERVE ACCOUNT FOR REVENUE DEVELOPED BY THE FIRE DEPARTMENT, AND THE PROCEDURES TO USE REVENUE FROM THE ACCOUNT AND PROVIDING AN EFFECTIVE DATE V V Page 9 NAME OF Minutes, February 8 , 1993 COMMRS. MSYN Mayor Gulliford presented in full, in writing, Ordinance No. 35-93-8 , 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 . Motion: Approve passage of Ordinance Edwards x x No. 35-93-8 on Final Reading Fletcher x Tucker x No discussion before the vote . The motion carried Waters x x unanimously. Gulliforc x D. Ordinance No. 10-93-17 - Public Hearing AN ORDINANCE AMENDING SEC. 3-2 OF THE ATLANTIC BEACH CODE, CLARIFYING THE HOURS OF SALE OF ALCOHOLIC BEVERAGES IN THE CITY, PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full , in writing, ordinance No. 10-93-17 , 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 Motion: Approve passage of Ordinance Fletcher x x No. 10-93-17 on final reading Tucker x Waters x x No discussion before the vote . The motion carried Gulliford x unanimously. 7 . New business: A. Appeal of variance denial by Community Development Board to construct a garage apartment on a substandard lot (Townsend Hawkes-owner) (this was discussed earlier in the agenda) B. Appeal of variance denial by Community Development Board to keep a screened enclosure (Laurie Hesketh) (this was discussed earlier in the agenda) C. Discussion and related action relating to an Engineering Service Proposal for new water mains for Coquina Place and East Coast Drive Page 10 V V Minutes, February 8, 1993 NAME OF COMMRS. MSYN Bob Kosoy presented engineering service proposal for new water mains for Coquina Place and East Coast Drive between 10th and 12th Streets . He explained Connelly & Wicker, Inc. , Consulting Engineers, had submitted an engineer proposal for design and preparation of plans and specifications for water main improvements for Dewees Avenue, Coquina Place, Ocean Grove Drive, and East Coast Drive . The total cost to do the work should not exceed $9 , 850 . 00 . Motion: Approve Connelly & Wicker Edwards x Proposal for new water mains for Fletcher x x Coquina Place and East Coast Drive Tucker x between 10th and 12th Streets, at a Waters x x cost not to exceed $9,850 . 00 Gulliford x No discussion before the vote . The motion carried unanimously. D. Discussion and related action requesting acceptance of Engineering Service Proposal for Park Street Drainage Improvements Bob Kosoy presented engineering service proposal for Park Street Drainage Improvements . He explained the drainage area along Park Street needed improvements due to some existing high areas which caused water to back up onto some of the lots along Park Street . The drainage areas needed to be regraded and new piping placed under driveways . He explained to accomplish this work it would be necessary to have a proposal for Topographic Survey, Design, Permitting, Bid, and Construction, and that Connelly & Wicker submitted a proposal in the amount of $5 , 600 . 00. He explained staff planned to review the Topographic Survey to see what work could be accomplished by City forces, if any, prior to authorizing Design and Permitting work. Edwards x x Motion: Approve Connelly & Wicker Fletcher x x Engineering Service Proposal for Park Tucker x Street Drainage Improvements in the Waters x amount of $5, 600 . 00 Gulliford x No discussion before the vote . The motion carried unanimously. E. Requesting approval of final pay estimate and Change Order #2 for an increase of $19, 550. 72 for water main replacement for 1st, 9th, 11th Streets Page 11 V V Minutes, February 8, 1993 NAME OF COMMRS. MSYN Bob Kosoy presented a request to approve Change Order No. 2 for an increase of $19, 550 . 72 for water main replacement for 1st, 9th, and 11th Streets . He explained water main replacement had been completed for 1st, 9th, and 11th Streets and a total of 65 homes were now being served by the new water line . During the course of construction, an underground drainage line on 9th Street was uncovered and was found to be completely plugged with dirt . Problems ensued requiring the new line to be constructed farther into the street, which in turn required additional asphalt and resulted in an increase of $19 , 550 . 72 . Edwards x Motion: Approve Change Order No. 2 Fletcher x x to Water Main Replacement for 1st, Tucker x x 9th, and 11th Streets in the amount Waters x of $19, 550.72 Gulliford x Commissioner Fletcher inquired where the $19 , 500 . 72 was coming from, to which it was determined the money would be taken from the City' s Reserve Fund. Commissioner Fletcher indicated he had a problem with the funds coming from the Reserve Fund, and he asked City Manager Kim Leinbach for a thorough report indicating expenditures that were coming out of the Reserve Fund. The question was called and the motion carried unanimously. F. Request to approve invoice from Pace Company relating to Overrun on point repair at Pine Street and Seaspray Avenue Bob Kosoy presented a request for approval to pay The Pace Company $4 , 083 . 00 . He explained a point repair was required at Pine Street and Seaspray Avenue . After wellpointing and excavating it was observed that the entire line had settled 8" to 10" from manhole to manhole for a distance of 38 ' . Several problems arose concerning this and an additional cost of $4 , 083 . 00 was incurred due to the unforeseen problems with the existing conflicting and leaking utilities. Motion: Approve Invoice No. 23890 in Edwards x x the amount of $4 ,083 . 00 made payable Fletcher x x to The Pace Company Tucker x Waters x No discussion before the vote . The motion carried Gulliford x unanimously. 8 . City Manager Reports and/or Correspondence: V V Page 12 NAME OF Minutes, February 8, 1993 COMMRS. MSYN A. Architectural proposal to Public Safety Building City Manager Kim Leinbach asked Police Chief Thompson to give a report. Chief Thompson reported a pre-bid conference was held and four proposals were received to enlarge the Public Safety building. The City Manager asked for direction from the Commission and staff was instructed to pick three proposals from the four proposals that had been received, and rank them. The Commission indicated they would review the report from staff and proceed to interview the interested parties . Kim Leinbach presented a draft copy of an ordinance concerning clarifying accessory uses and structures and asked the Commission for direction concerning the proposed ordinance . The Commission instructed that this be turned over to the Community Development Board for their recommendations. 9 . Mavov_ to call on City Commissioners, City_ Attorney. and City Clerk: Commissioner Tucker inquired concerning W. 12th Street and indicated the sign should have been changed to indicate the street name was changed to W. Plaza . Staff indicated the sign would be changed to indicate W. Plaza. Mayor Gulliford asked City Clerk Maureen King to prepare an Proclamation observing Parliamentarian Emphasis Month for April , 1993 for the First Coast Parliamentarians . Mayor Gulliford announced Mr. Nicholson and Mr. Makowski would like the Commission to appoint a liaison to work with their group on the exploration on the feasibility of a new county. It was decided to appoint Jim Jarboe to be the City' s liaison. Mayor Gulliford announced the National Conference on Beach Preservation Technology, regarding beach and coastal issues, has asked the City to designate a representative to attend the Conference. It was decided to appoint Bob Weiss to be the City' s representative. V V Page 13 NAME OF Minutes, February 8 , 1993 COMMRS. MSYN There being no further bu iness t - adjouvrned` the meeting at 10 : 35 p. m� Al1 / Will am I . Gull ' for• �f Mayor/Presiding offs P Mau een King, C ty erk