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11-25-91 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, NOVEMBER 25, 1991, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of the November 11, 1991 2. Recognition of Visitors: 3. Old Business: A. Beach access for disabled persons (Charlotte Raybrook, President of Beaches Council for the Disabled Person) B. Discussion and related action regarding proposal to construct a fence on City right-of-way at Beach Avenue and 6th St. (George Worley, City Planner) C. Status report regarding the proposed Beach Avenue water and sewer project (Robert Kosoy, Public Works Director) 4. Committee Reports: A. Water/Sewer Committee report (Commissioner Lyman Fletcher) B. Recommendation concerning the proposed Donner Park Community Building (Commissioner Glenn Edwards) 5. Resolutions: A. Resolution #91-38 recognizing service of Johnnie Bass to the Community Development Board 6. Ordinances: A. Final reading and public hearing regarding Ordinance #55-91-24 B. Discussion and related action regarding the proposed first reading of an Ordinance adjusting the water rates (Mike Burton, Burton and Associates) 7. New Business: A. Discussion and related action regarding equity investments relating to the City retirement system (Richard White, Pension Board Chairman) B. Franchise renewal request-Continental Cablevision (Dave Reid, Community Relations, Continental Cablevision) C. Discussion and related action regarding Stormwater Management Program (Jim Scholl, CH2M Hill) D. Request for relief from improvement fees for Beaches Habitat (Johnnie Bass) E. Approval of change order #1 increasing the contract amount of $2,207 in connection with the Seminole Road Drainage Improvement Project (Robert Kosoy, Public Works Director) F. Discussion and related action regarding vacancy on the Community Development Board G. Proposal to relocate water main in exchange for property for a new lift station at Mayport Junior High School (Robert Kosoy, Public Works Director) H. Recommendation to authorize RFP for chlorine equipment at Buccaneer Wastewater Treatment Plant (Harry McNally, Division Director) 8. City Manager Reports and/or Correspondence: A. Status report regarding the agreement for the use of the Adele Grage Community Center (Rose Blanchard, P&R Director) 9. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, NOVEMBER 25, 1991 V V O O PRESENT: William I. Gulliford, Jr. , Mayor T T Glenn A. Edwards E E Lyman T. Fletcher D D Adelaide R. Tucker, and J. Dezmond Waters, III, Commissioners M S AND: Alan C. Jensen, City Attorney 0 E Maureen King, City Clerk T C Harry E. Royal, (substituting for City Manager I 0 Y Kim Leinbach) NAME OF ONEN COMMRS. N D S 0 • 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 November 11, 1991 Edwards x Motion: Approve minutes of regular meeting of November 11, Fletcher x 1991 Tucker x x Waters x x No discussion before the vote. The motion carried unanimously. Gulliford x Agenda Item 7A was taken out of sequence and acted upon at this time 7A. Discussion and related action regarding equity investments relating to the city retirement system Richard White, Chairman of the Pension Board of Trustees, reported that the Pension Board had recommended changing the ratio in which pension funds are invested to allow up to 60% to be invested in stocks. He requested that an ordinance be drafted to implement this change. Mike Callaway from Merrill Lynch, consultants to the board, reported that Sun Bank, the money managers, had been very successful in their investments but he felt the ability to invest larger sums in stocks would provide greater flexibility in investments and would probably result in greater profits. Edwards x x Motion: Direct the City Attorney to draft an amendment to Fletcher x x the appropriate ordinance to approve an increase in Tucker x the percentage of pension funds which may be Waters x invested in stocks Gulliford x After brief discussion, the question was called and the motion carried on a 4 - 1 vote with Commissioner Tucker voting nay. Mayor Gulliford reminded the City Commission of the proposals for increased pension benefits which had been presented to the City Commission by the city employees. Following brief discussion a workshop meeting with the Pension Board was scheduled for December 16. PAGE TWO MINUTES V V NOVEMBER 25, 1991 NAME OF COMMRS. MSYN Public Works Director Kosoy introduced Ernie Beadle who had recently been hired as Assistant Public Works Director. He explained Mr. Beadle would be undertaking much of the project inspections and he had already notified one engineer of that fact. 2. Recognition of visitors: John Sale, 1921 Selva Marina Drive inquired into the status of the drainage correction in the Fleet Landing area. Mayor Gulliford reported that the Haskell Company had accepted the responsibility to make the correction. Haskell had agreed to lower the culverts and the city would continue to check on the progress being made. Mr. Sale also complained of debris in a drainage ditch in that area and Mr. Kosoy was directed to check into this. Jeanette Barnette, 1841 Selva Marina Drive, brought three complaints to the attention of the City Commission: (1) overgrown shrubbery at the lift station on Selva Marina Drive blocking the view of traffic at the intersection of Selva Marina Drive and Saturiba Drive; (2) the new gate at the entrance to Sevilla, combined with overgrown shrubs creating a safety hazard at the intersection of Sevilla Boulevard and Selva Marina Drive; and (3) an area on the south side of Selva Marina Drive which was being Used to dump large quantities of bags of leaves and yard trash. Mayor Gulliford requested these matters be referred to the City Manager and be included on the agenda for the next City Commission meeting. Discussion ensued regarding the ownership of several streets in the Selva Marina area. Chief Thompson said he would be requesting the City Attorney's assistance to clarify ownership of these streets. Alan Potter said Selva Marina Drive was a county right-of-way but the pavement had not been accepted for maintenance by the city. Mayor Gulliford requested this matter also be included on the agenda for the next City Commission meeting. J.P. Marchioli, 414 Sherry Drive, inquired into progress being made to acquire a map for the City Commission chambers. The City Clerk reported that price quotes had been requested. One price had been received and others were expected. 3. Old Business: A. Beach access for disabled persons Charlotte Raybrook, President of the Beaches Council for Disabled Persons (BCDP) , said she understood Atlantic Beach proposed to install a ramp to provide access to the beach for handicapped persons. She said the BCDP was planning to acquire surf chairs and needed a facility to store them. If the chairs could be stored at the lifeguard station and beach access provided at that location, she felt this would be very convenient for the handicapped. PAGE THREE MINUTES V V NOVEMBER 25, 1991 NAME OF COMMRS. MSYN Chief Thompson said the lifeguard station was very small and would not have space for the surf chairs. While he was in favor of assisting the BCDP as much as possible, he felt other factors such as parking spaces for the handicapped, access onto the beach for the lifeguard vehicle, and the affect on lifeguard operations, needed to be considered. Mayor Gulliford directed Chief Thompson to review the matter further and present his recommendations at the next City Commission meeting. Agenda item 5A was taken out of sequence and acted upon at this time. 5A. Resolution No. 91-28 Mayor Gulliford presented in full, in writing, Resolution No. 91-28, A RESOLUTION RECOGNIZING THE SERVICE OF JOHNNIE BASS ON THE COMMUNITY DEVELOPMENT BOARD. Edwards x x Fletcher z Motion: Approve passage of Resolution No. 91-38 Tucker x x Waters z No discussion before the vote. The motion carried unanimously. Gulliford a Agenda Item 7D was taken out of sequence and acted upon at this time. 7D. Request for relief from improvement fees for Beaches Habitat Johnnie Bass of Beaches Habitat addressed the City Commission and requested that consideration be given to waiving fees permit and impact fees. He presented a schedule of fees totaling $1,738.02, which had been paid to the city for the construction of a home at 1954 Francis Avenue. Beaches Habitat also planned to build homes on two additional lots and he hoped the fees could be waived on these properties. Mayor Gulliford said he actively supported the work of Beaches Habitat. However, the Mayor pointed out that the city had recently adopted a resolution prohibiting charitable contributions. He also questioned whether any bond covenants would be violated and whether the city would be willing to make similar concessions to other such causes. Discussion ensued and Mr. Bass said that he would also like to arrange a work day when city officials and employees would be invited to come out and help with the construction of the house in progress. Commissioner Waters felt the burden of payment should be transferred from Habitat to the new owner of the home, but Mr. Bass said he felt this would make ownership more difficult for low- income buyers. PAGE FOUR MINUTES V V NOVEMBER 25, 1991 NAME OF COMMAS. MSYN Edwards x Motion: Defer action on the matter until the next meeting to Fletcher x x allow time to investigate some of the questions Tucker x x which were raised Waters x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford appointed Commissioner Waters in cooperation with city staff to check into the questions raised and report back at the next commission meeting. 3. Old Business: A. Beach access for disabled persons This item was taken up earlier in the evening. B. Discussion and related action regarding proposal to construct a fence on city right-of-way at Beach Avenue and Sixth Streets City Planner George Worley reported Mr. & Mrs. Papazian, owners of property on the southeast corner of Beach Avenue and Sixth Street, proposed to install a brick and chainlink fence on the north and east perimeter of their property. He reported there were a number of palm trees on the property line on Sixth Street and the Papazians had requested permission to install the fence one to two feel onto the Sixth Street right-of-way. After brief discussion Commissioner Fletcher suggested the Papazians provide a survey of the Sixth Street property line and provide specific information on the type of fence they planned to install. He also felt the neighbors should be notified of the proposal. Edwards x Motion: Defer action pending receipt of a survey of the Fletcher x x Sixth Street property line and specific information jTucker x x regarding the type of fence to be installed 'Waters x Gulliford x After brief discussion, the question was called and the motion carried unanimously. Commissioner Fletcher asked that the neighboring property owners be informed of the proposed plan. C. Status report regarding the proposed Beach Avenue water and sewer project Public Works Director Bob Kosoy reported he had surveyed 238 residents in the area of the proposed water and sewer line extension at the north end of Beach Avenue. Of the 93 responses received, 63% were opposed to the project and it was, therefore, his recommendation the city not proceed with this project at this time. • PAGE FIVE MINUTES V V NOVEMBER 25, 1991 NAME OF COMMRS. MSYN After brief discussion, the City Commission concurred with the staff recommendation and Mr. Kosoy said the utilities committee would continue to consider other alternatives and report back with further recommendations. 4. Committee Reports: A. Water and Sewer Committee Report Commissioner Fletcher confirmed that each commissioner had received a copy of the minutes of the Water and Sewer Committee Meeting #9. He inquired into the status of acquisition of the easements for the Mayport Road bore and jack project. The City Attorney reported that of the twelve parcels involved, only two parcels would have to be condemned. He already had title work and appraisals for those parcels in hand and felt an Order of Taking should be issued in approximately thirty days. Harry McNally requested permission, and was authorized to proceed to invite bids for the project. Bob Kosoy inquired whether he could continue with final design of the Oak Harbor sewer system improvements pending the outcome of any litigation which might be pending. The City Attorney felt that the pending litigation should have no affect on the proposed project and after brief discussion Mr. Kosoy was authorized to proceed. Commissioner Waters inquired into the status of the easements for the Sea Gardens lift station and Mr. Jensen explained the city proposed to purchase the property and an acceptable price had been negotiated. B. Recommendation concerning the proposed Donner Park community building Commissioner Edwards reported funding was not available through a state grant to build the proposed community center and after several meetings on the matter it was the recommendation of the committee that the recreation trailer in Russell Park be relocated to Donner Park. City Planner George Worley felt other grants may be available and he would continue to work on that. Mayor Gulliford requested that Parks & Recreation Director Blanchard contact the YMCA to determine their reaction to this proposed relocation. He also felt the neighbors in the Donner Park area should be contacted to get their opinions on the type of problems the city might expect. Commissioner Waters said he wanted to see Donner Park developed and Mayor Gulliford pointed out the amount of funds the city had expended in the past year to acquire additional property to enlarge the park, clear the property, and install playground equipment. Further development would be undertaken as funds became available. PAGE SIX MINUTES V V NOVEMBER 25, 1991 NAME OF COMMRS. MSYN 5. Resolutions: A. Resolution No. 91-38 recognizing the service of Johnnie Bass to the Community Development Board This item was taken up earlier in the evening. 6. Ordinances: A. Ordinance No. 55-91-24 - Public Hearing AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 16, REFUSE AND GARBAGE, SECTION 16-7, FEES FOR COLLECTION, BY INCREASING THE COMMERCIAL RATES IN SUBSECTION 4 AND 5, PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Ordinance No. 55-91-24, said ordinance having been posted in accordance with charter requirements. He opened the floor for a public hearing and invited comments from the audience. W.J. Ryszykow, 535 Royal Palms Drive, inquired whether this ordinance would also increase the cost of collection of residential garbage and was advised it related to dumpsters only. Since no one else spoke to the matter, the Mayor declared the public hearing closed. Edwards x x Fletcher X Motion: Approve passage of Ordinance No. 55-91-24 on final Tucker x reading Waters z x Gulliford x No discussion before the vote. The motion carried unanimously. B. Discussion and related action regarding the proposed first reading of an Ordinance adjusting the water rates Mike Burton, the city's Financial Advisor, provided each commissioner with a copy of his final report of his company's water and sewer rate study. The report outlined in detail four rate increase alternatives. Mr. Burton recommended that the city adopt either Rate Alternative 1 , an across the board percentage increase to all rates within the current rate schedule, or Rate Alternative 3, a reduction of the base consumption allowance from 15,000 to 9,000 gallons per quarter. He said Alternative 1 would guarantee the necessary revenues based on audited records for the last five years, which he felt were more reliable than the data provided by the city's computer consultant upon which Alternatives 2, 3, and 4 were based. He pointed out this was a one-year rate and should be reviewed again in one year. A copy of the complete report is on file in the office of the City Clerk. Following considerable discussion Mayor Gulliford pointed out the water rates had not met the cost of operation for the past few PAGE SEVEN V V MINUTES NOVEMBER 25, 1991 NAME OF COMMRS. MS Y N years. He felt the across the board increase was the best option at this time. Further rate alternatives and billing alternatives could then be considered, including monthly billing. Mayor Gulliford then introduced on first reading Ordinance No. 80-91-45, AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 22, UTILITIES, SECTION 22-28, CHARGES FOR WATER SERVICE, AND SECTION 22-166, ESTABLISHMENT OF A QUARTERLY BASE CHARGE, BY INCREASING THE CHARGES SET FORTH THEREIN, PROVIDING AN EFFECTIVE DATE. Edwards x Motion: Approve passage of Ordinance No. 80-91-45 on first Fletcher x x reading with rates as recommended in Alternate 1 and Tucker x x set for public hearing on December 9, 1991 Waters x Gulliford x After brief discussion, the question was called and the motion carried on a 4 - 1 vote with Commissioner Edwards voting nay. 7. New Business: A. Discussion and related action regarding equity investments relating to the city retirement system This item was acted upon earlier in the evening. B. Franchise renewal request by Continental Cablevision Dave Reid of Continental Cablevision reviewed the improvements in programming and facilities which had taken place since Continental acquired the system from Beaches Cablevision. Mr. Reid explained that the current franchise would expire in about three and a half years and he requested that the city consider granting a ten-year extension to the existing cable television franchise. Edwards x x Motion: Enter into negotiations with Continental Cablevision Fletcher x and draft appropriate ordinance to extend cable Tucker x x television franchise Waters x Gulliford x After brief discussion it was agreed to prepare the ordinance for introduction at the first meeting in January. The motion carried unanimously. C. Discussion and related action regarding Stormwater Management Program Public Works Director Bob Kosoy said it was the recommendation of city staff that CH2M Hill be authorized to proceed with Phase 3 and the specific tasks outlined in Phase 4 of the CH2M Hill proposal. Mayor Gulliford pointed out that Atlantic Beach was required to conform to the Jacksonville schedule for NPDES permitting and he felt the city had no alternative but to approve the work. PAGE EIGHT MINUTES V V NOVEMBER 25, 1991 NAME OF COMMRS. MSYN Edwards x x Motion: Authorize CH2M Hill to complete Phase 3 and specific Fletcher s tasks outlined in Phase 4 at a total cost of $87,000 Tucker x x Waters x Mayor Gulliford inquired when the master plan would be undertaken Gulliford x and Mr. Scholl reported that the work in the proposal under consideration would be a first step in the development of the master plan. After brief discussion, the question was called and the motion carried unanimously. D. Request for relief from improvement fees for Beaches Habitat This item was taken up earlier in the evening. E. Approval of Change Order No. 1 increasing the contract amount of $2,207 in connection with the Seminole Road drainage improvement project Bob Kosoy reported at the request of Mr. & Mrs. Stanley Jones and as directed by the City Commission, design plans and a cost estimate were obtained for underground piping along the front on Mr. Johns' property. The contractor had given the city a proposal for the additional work in the amount of $2,207.00. He recommended that Mr. & Mrs. Jones pay for the underground piping. Discussion ensued regarding the culverts which had been provided at the request of property owners in Section H and it was pointed out these pipes had been paid for by the property owners. Mr. Jones felt that since his house was the only one in this area which would require a culvert and the addition of such a pipe would enhance Seminole Road, the city should pay for the pipe. Bob Kosoy explained the drainage ditch as currently designed, would have a gentle slope and would not be unattractive. Edwards x Fletcher x Motion: Approve installation of culvert at city expense, as Tucker x requested Waters x x Gulliford x x After further discussion, the question was called and on roll-call vote the motion was defeated on a 1 - 4 vote with Commissioner Waters casting the sole affirmative vote. F. Discussion and related action regarding vacancy on the Community Development Board Mayor Gulliford reported he had received a letter from Robert Frohwein of the Community Development Board, recommending Hope Van Nortwick to fill the vacancy. Commissioner Fletcher nominated Jeff Wood and Commissioner Waters nominated Joe Davis. After brief discussion, Mayor Gulliford requested action on the matter be deferred to give him an opportunity to meet the three nominees and the appointment would be made at the next meeting. PAGE NINE V V MINUTES NOVEMBER 25, 1991 NAME OF COMMAS. MSYN George Worley pointed out the Community Development Board had requested a meeting with the City Commission and after brief discussion, a meeting was scheduled for December 11, 1991, at 7 :30 PM. Rose Blanchard, Parks & Recreation Director, requested that a date be scheduled for the dedication of the Adele Grage Community Center. After brief discussion, the dedication was scheduled for 6:30 PM on Monday, December 9, 1991, before the regular commission meeting. G. Proposal to relocate water main in exchange for property for a new lift station at Mayport Junior High School Bob Kosoy reported when building an addition to Mayport Junior High School, the structure was built directly over the city' s 8-inch water main and the School Board would be required to pay to relocate the line and dedicate a maintenance easement to the city. It had been determined that Centex Homes and Oaks of Atlantic Beach would best be served by a master lift station at the intersection of Shangri-la and Gavigan Roads on property currently owned by the School Board. The lift station would be constructed by Centex 'comes and the city would incur no costs in obtaining easements or :onstructing the lift station. The school board had agreed to dedicate the property to the city if the city would relocate the water line at no cost to the School Board. Motion: Authorize the relocation of the water line at Edwards x x Mayport Junior High School in exchange for the Fletcher x x property at the intersection of Shangri-la Drive and Tucker x Gavigan Roads to facilitate the construction of a Waters x master lift station by Centex Homes Gulliford x No discussion before the vote. The motion carried unanimously. H. Recommendation to authorize RFP for chlorine equipment at Buccaneer wastewater treatment plant Harry McNally requested authorization to request proposals from engineers to design a chlorine contact tank and one-ton chlorine handling facility at the Buccaneer wastewater treatment plant. He said additional capacity was needed to meet DER requirements and the proposed one-ton cylinder would result in considerable savings to the city. Motion: Solicit requests for proposals from engineering Edwards x x firms for the design work and preparation of bid Fletcher x package for a chlorine contact tank and one-ton Tucker x x chlorine handling facility for the Buccaneer Waters x wastewater treatment plant. Gulliford x No discussion before the vote. The motion carried unanimously. PAGE TEN MINUTES V V NOVEMBER 25, 1991 NAME OF COMMAS. MSYN 8. City Manager reports and/or correspondence: A. Status report regarding the agreement for the use of the Adele Grage Community Center Parks & Recreation Director Blanchard confirmed that each commissioner had received a copy of a proposed agreement to be executed by individuals and groups wishing to reserve space at the community center. Commissioner Edwards said the agreement had not been included in his agenda packet and action on the matter was deferred until the following meeting. City Attorney Jensen reported the revisions had been made to the Deed of Easement for the telephone equipment to be located at the entrance to the parking lot at Russell Park and the document was ready for execution by the Mayor and City Clerk. Mr. Jensen also reported the agreement with Mr. Edward Lane regarding a water main extension, was in final form and as soon as the front foot cost had been determined the document could be executed by the Mayor and City Clerk. He explained the agreement provided that property owners tying into the water line within a five year period would be required to reimburse Mr. Lane a pro rata ;hare of the construction cost of the line. Commissioner Fletcher said the Town Center Organization needed a meeting place but over a period of time the cost to rent space at the Adele Grage Community Center became prohibitive. Mayor Gulliford suggested the organization meet in the City Commission Chambers and the City Commission concurred. Commissioner Tucker asked that the long range planning workshop be scheduled. After brief discussion, it was agreed to request the City Manager schedule this meeting for early in the new year. Commissioner Tucker also inquired into the progress being made to secure a shortlist of attorneys for Prosecuting Attorney to the Code Enforcement Board. It was agreed to ask the City Manager to advertise this position. Mayor Gulliford announced a public hearing on the Wonderwood corridor would be held in the Civic Auditorium in Jacksonville at 2:00 PM on December 18, 1991, and invited everyone to be present. The Mayor also announced he had received a request from the Metropolitan Planning Organization to appoint a representative to serve on the Citizens Advisory Committee. He said Nick Nicholson was the current representative on that committee and the City Clerk was directed to contact Mr. Nicholson to see if he would be willing to continue in that capacity. PAGE ELEVEN MINUTES V V NOVEMBER 25, 1991 NAME OF COMMRS. MSYN There being no further business to come before the City Commission, the Mayor declared the meeting adjourned. AA w Wil aml�ulliford, - ; Mayor/Presiding Offi ATTES T: Maureen King, CitY Clerk/