01-14-91 v CITY OF ATLANTIC BEACH
REGULAR MEETING MONDAY, JANUARY 14, 1991
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of December 10, 1990,
special meetings of December 13 and December 27, 1990.
2. Recognition of visitors:
3. Old Business:
A. Committee report on 1991 water and wastewater improvements
(Public Services Director Bob Kosoy)
B. Section H status report and latest change orders (Bob Kosoy)
C. Discussion and related action relative to Gee & Jenson amendment
#3 to contract (Public Services Director Bob Kosoy)
4. Consent Agenda:
A. Report on Ragtime parking (City Attorney Alan Jensen)
5. Committee Reports:
A. Report and recommendation relative to Bid #9091-3 - telephone
system for new city hall (Commissioner Glenn Edwards)
6. Action on Ordinances:
• A. First reading of Ordinance #45-91-9 removing
the definition of night clubs (City Attorney Alan Jensen)
7. New Business:
A. Discussion and related action regarding water and sewer capacity
commitment to Centex Homes (Jay Lucas, rep, Lucas & Associates)
B. Discussion and related action relative to Southern Bell Telephone
and Telegraph Company - Letter of Election for Essx Service (City
Manager KiM Leinbach)
C. Proposed contract with Gee & Jenson for promulgaton of land
development regulations (Community Dev. Director George Worley)
D. Approval of Budget Adjustment #90-06 to provide additional funds
for the Finance, Building and Equipment Maintenance Departments
(Finance Director Harry Royal)
E. Approval of Budget Adjustment 90-07 to provide additional budget
for expenditures in the Gas Tax Funds (Finance Director Harry
Royal)
F. Discussion and related action concerning DeWees Crossover (City
Manager Kim Leinbach)
G. Discussion and related action regarding Beach Avenue Paving
(Garage Approach Road) (Mayor Gulliford)
H. Discussion and related action relative to Hanover Insurance
Company litigation (City Attorney Alan Jensen)
8. City Manager reports and/or correspondence:
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
•
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY, JANUARY 14, 1991 V V
O O
PRESENT: William I. Gulliford, Jr. , Mayor T T
Robert B. Cook E E
Glenn A. Edwards I D D
Adelaide R. Tucker, and
John W. Weldon, Commissioners
M S
AND: Kim D. Leinbach, City Manager 0 E
Alan C. Jensen, City Attorney T C
Maureen King, City Clerk I 0 Y
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Gulliford. The invocation,
offered by Commissioner Cook, was followed by the pledge to the
flag.
1. Approval of the minutes of the regular meeting of December 10,
1990, and special meetings of December 13 and 27, 1990. Cook x x
Edwards x
Motion: Approve minutes of the regular meeting of December Tucker x
10, 1990 Weldon x x
Gulliford x
No discussion before the vote. The motion carried unanimously.
Cook x
Edwards x x
Motion: Approve minutes of special meeting of December 13, Tucker x x
1990 Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
Cook x x
Edwards x
Motion: Approve minutes of special meeting of December 27, Tucker x x
1990 Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
2. Recognition of visitors:
Barbara Hopson, 760 Sherry Drive addressed the City Commission
regarding the recent clearing of lot 95, Saltair, Sec. 3. She said
that during clearing activities equipment had been taken onto city
property and, apparently, because the boundary line of lot 95 was not
marked, part of the park property had been cleared. She understood
that a variance had been granted for the construction of a home on
lot 95 and there seemed to be some question whether zero or five-
foot setback had been approved. She felt this was allowing the use
of public property for private use. Ms. Hopson suggested that a
fence be erected on the boundary line between lot 95 and Howell Park
and offered to donate same. The City Manager was asked to look into
this and report back at the next meeting.
* * * * * * * * * * * *
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JANUARY 14, 1991 COMMRS. MSYN
Hal Whitacre, President of Fleet Reserve Association, Branch 290
presented City Clerk, Maureen King, with a Certificate of
Appreciation for representing the City of Atlantic Beach in Pearl
Harbor Day Memorial services on board the USS John Hancock.
* * * * * * * * * * * *
Richard O'Brien, Bill Taylor, Kay Lanier, and Debbie Taylor,
representing Island Club Condominiums, addressed the City Commission
relative to the lack of parking available to condominium residents.
Mr. O'Brien pointed out that the matter had been before the City
Commission before but that they wished that the Commission revisit
the matter because it is becoming increasingly difficult for the
residents to find parking, particularly on weekends and holidays.
Ms. Lanier said the residents had been told by the realtors that
two parking spaces were allotted to each unit and each of the
residents present expressed the need for resident parking. Paul
Brook, 340 Ninth Street, Barbara Bonner, 463 Selva Lakes Circle, and
Dezmond Waters, 1835 Seminole Road all expressed the need for public
parking and were opposed to allowing public land to be used for
private purposes. Mr. Brook said he felt the beach belonged, not
only to the residents of Atlantic Beach but to all residents of the
State of Florida, and public parking was badly needed. After a
complete discussion of the matter in which the City Attorney said
four parking spaces on the west end of the building were required by
the city at the time of development, the City Attorney asked to
review the available parking spaces, past and present, and
investigate the possibility of leasing parking spaces to the
residents and report back at the next meeting. Kathleen Russell,
2117 Beach Avenue, suggested that the city consider issuing beach
parking stickers to residents.
* * * * * * * * * * * *
Dezmond Waters, 1835 Seminole Road, inquired into the status of
covenants which had been approved by the City Commission to limit
development of four lots in Ocean Grove to single family residences.
The City Attorney said these covenants would be available soon.
* * * * * * * * * * * *
3. Old Business:
A. Committee report on 1991 water and wastewater improvements
Public Services Director Bob Kosoy presented the recommendations of
the committee appointed to review the water and wastewater
improvements which would be needed in 1991. He presented a report
which outlined eleven projects, along with cost estimates where
available, which the committee felt needed to be undertaken. A copy
of the recommendations is attached hereto and made a part hereof.
PAGE THREE V V
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Commissioner Weldon said his personal recommendation was that the
city contract for no further studies; that the city move ahead with
the projects listed as Item #1, 2, 5, and 6. This would meet the
criteria of all regulatory agencies.
Motion: Authorize the City Manager to file a permit Cook x
application with DER for a dry line sewer permit to Edwards x
be available in September to accommodate the request Tucker x x
for capacity made by Mr. James Pitts in December. Weldon x x
Gulliford x
In discussion before the vote, Bob Kosoy expressed some concerns
about making this commitment before the expansion of the plant was
under way. James Pitts impressed upon the City Commission the need
for a commitment at this time and urged approval for the City
Manager to make application for the permit. Bill Armentrout,
engineer with Gee & Jenson, said it was his opinion the city would
not be taking any undue risk in making the commitment to undertake
the expansion and have the capacity available in September 1991.
The question was called and the motion carried unanimously.
Cook x
Motion: Authorize the City Manager and City Engineer to Edwards x
proceed with plans for installation of a surge tank Tucker x x
in the Buccaneer wastewater treatment plant Weldon x x
Gulliford x
Mayor Gulliford inquired into the schedule for the project to divert
flow from the Buccaneer plant to the Atlantic Beach plant and Bill
Armentrout of Gee & Jenson said a letter had been submitted to the
City Attorney requesting his assistance in securing the necessary
easements and pending the outcome of that, design work should be
complete within about three weeks. He estimated construction would
take about four months. The Mayor requested that the City Attorney
make acquiring the easements his number one priority so the city
could get this project under way.
Agenda Item 7A was taken out of sequence and acted upon at this
time.
7A. Discussion and related action regarding water and sewer
capacity commitment to Centex Homes
Mr. Porter of Centex Homes explained Centex Homes planned to build
90 single-family homes on land on Gavagan Road in the Buccaneer
district. He said they would not be ready to connect to the system
for about a year but he needed a commitment from the city that
capacity would be available. However, Mr. Porter asked the city to
commit to a connection permit as opposed to a dry line permit. Alan
Potter, member of the Utility Committee, said the proposed surge
tank would add at least 250,000 gallons of new capacity which should
adequately provide for both the Centex project and Mr. Pitts'
project. Mr. Armentrout concurred with Mr. Potter's opinion.
PAGE FOUR V V
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JANUARY 14, 1991 COMMRS. MS Y N
Cook x x
Motion: Authorize the City Manager to enter into the same Edwards x
agreement with Centex Homes as was approved for Mr. Tucker x
Pitts, with service to be available in September Weldon x x
Gulliford x
No further discussion. The motion carried unanimously.
Bob Kosoy solicited the opinion of the City Commission of the other
items on the list recommended by the Utilities Committee. After
brief discussion Mr. Kosoy was asked to rank the projects by
priority to present to the City Commission at the next meeting.
B. Section H status report and latest change orders
William Layton reported agreement had been reached with Mr. Bratcher
in connection with changes he had requested. The contractor had
presented a proposal dated December 18, 1990 in the amount of
$14,808.75 to undertake the changes. Mr. Layton indicated Mr.
Bratcher had agreed to reimburse the city for the cost of this
construction.
Paul Eakin, Attorney for Mr. Bratcher, presented an updated copy of
the plans which had been agreed to by all parties and indicated that
the contractor had agreed to allow Mr. Bratcher to perform certain
tasks, thus reducing the amount for which Mr. Bratcher would be
liable to the city. Mr. Eakin also mentioned that costs for
additional testing for compaction of limerock and costs for any
delays to the contract may have been left off the proposal. However,
Mr. Eakin said the on-site supervisor of the project had indicated
to both him and Mr. Howell that these modifications would not
require any delays to the job.
Taking into account the prices quoted by Barco-Duval, Mr. Eakin' said
Mr. Bratcher would deposit in a trust account (in Mr. Eakin's name)
within 48 hours, the sum of $7,345.50 to cover the cost of the work
to be done by Barco. As soon as the engineer, Buck Snellings,
certified that the contractor has completed the modifications
according to the plans, payment would be released to Barco/the city.
Motion: Approve the proposal presented by Mr. Eakin on behalf Cook x
of Mr. Bratcher and authorize Bessent, Hammack & Edwards x
Ruckman to prepare the appropriate change order for Tucker x x
approval by the City Commission Weldon x x
Gulliford x
No further discussion. The motion carried unanimously.
Bill Layton of Bessent, Hammack & Ruckman, presented Change Order
No. 29 for minor adjustments to the electrical system in Lift
Station #1, representing an increase in the contract in the amount
of $640.00.
V V
PAGE FIVE NAME OF
MINUTES COMMRS. MSYN
JANUARY 14, 1991
Cook x
Edwards x x
Motion: Approve Change Order No. 29 in the amount of $640.00 Tucker x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
Mr. Layton introduced a further change order in the amount of
$5,250.00 to cover additional work in connection with providing
additional fill material to Jasmine and Camelia Streets, the removal
of construction debris found in the right-of-way on Orchid Street.
Cook x
Motion: Approve Change Order in the amount of $5,250.00 for Edwards x x
the work outlined by Mr. Layton Tucker x
Weldon x x
After further discussion, the question was called and the motion Gulliford x
carried unanimously.
Mr. Layton explained they were working on further change orders, one
of which may include paving on Jasmine and Camelia Streets from 14th
Street to West Plaza ditch which had previously been deleted from
the project.
Pat Pillmore, 905 Camelia Street, inquired what responsibility the
city might have in regard to any problems which may arise in the
future because of the landfill material which had been discovered in
the area. Billy Howell said the material was mostly household
garbage and had been placed there by the East Duval County Mosquito
Control. It was his opinion responsibility for future problems
would lie with the consolidated City of Jacksonville as the
successors to East Duval County Mosquito Control.
James Burton, 948 Hibiscus Street, expressed dissatisfaction with
the fact some streets had deep ditches while others had curb and
gutters. He also complained of the lack of recreational facilities
in Section H. Mayor Gulliford explained the drainage system had
been designed to meet the requirements of the St. Johns River Water
Management District and Billy Howell said the engineers were still
working to improve the situation on Hibiscus with additional
culverts. Mayor Gulliford also explained the city's plans for
developing recreational facilities in the Section H area. In
response to a question from Mr. Masters, 1022 Main Street, the Mayor
also reported on proposed improvements for Levy Road. People with
further questions regarding the design criteria were asked to
contact Mr. Layton during business hours.
A question was also raised regarding a possible sewage flow problem
and the possibility of infiltration from septic tanks overflowing
into storm drains. Mr. Kosoy said he had not been notified of any
such problems and invited those present to contact him with
specifics.
PAGE SIX V V
MINUTES NAME OF
JANUARY 14, 1991 COMMAS. MSYN
C. Discussion and related action relative to Gee & Jenson
amendment #3 to agreement for professional services for wastewater
system expansion/consolidation
Mr. Kosoy explained Amendment #3 was a replacement of the April 10,
1990 contract which included twenty-seven items. This contract
would replace that contract and listed only the four projects with
related tasks and costs which are currently under contract. Mr.
Kosoy recommended approval of Amendment #3.
Cook x x
Motion: Approve Amendment #3 to contract with Gee & Jenson Edwards x x
for professional services for wastewater system Tucker x
expansion/consolidation Weldon x
Gulliford x
No further discussion. The motion carried unanimously.
4. Consent Agenda:
A. Report on Ragtime parking
City Attorney, Alan Jensen, explained Ragtime Tavern proposed to
expand their business and reported Ragtime had expanded their
business in 1987 and a variance to the parking requirements had been
granted by the Community Development Board at that time. It had
been the opinion of the former city attorney that because the
building predated the parking requirements established in 1982, that
the building was not subject to those parking requirements.
However, Mr. Jensen indicated he disagreed with this opinion and
suggested the possibility of establishing a Central Business
District zoning classification which would reflect the condition
which exists throughout that area.
After further discussion, it was pointed out no application had been
received for a construction permit and the matter was referred to
the Community Development Director for review.
* * * * * * * * * * * *
Mayor Gulliford referred to the Oak Harbor water and sewer system
which was recently purchased by the city. He said since the
acquisition it had become apparent that the system was in worse
condition than had been originally thought and would require major
improvements. After brief discussion the City Attorney was directed
to look into the matter so see what options were available to the
city.
* * * * * * * * * * * *
5. Committee Reports:
A. Report and recommendation relative to Bid No. 9091-3 for a
telephone system for the new City Hall
PAGE SEVEN V V
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JANUARY 14, 1991 COMMRS. MSYN
Commissioner Edwards reported that of the eight bids received only
one bidder met all the specifications. It had been determined that
the equipment on state contract was priced considerably lower than
those offered by that bidder and it was therefore, the
recommendation of the Awards Committee that the City Commission
reject all bids and purchase the telephone instruments and
installation from Southern Bell at state contract prices, and rebid
for a telephone console compatible to the ESSX system.
Cook x
Motion: Reject all bids and purchase telephones and Edwards x x
installation from Southern Bell at the State Contract Tucker x x
prices and rebid for a telephone console compatible Weldon x
with the ESSX system Gulliford x
No discussion before the vote. The motion carried unanimously.
6. Action on Ordinances:
Ordinance No. 45-91-9 - First Reading
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC
BEACH, AMENDING CHAPTER 20, TAXATION, DELETING FROM SECTION 20-59
THE CLASSIFICATION OF NIGHTCLUB, PROVIDING AN EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing, Ordinance No. 45-91-9
' on first reading.
Cook x x
Motion: Approve passage of Ordinance No. 45-91-9 on first Edwards x
reading and set for public hearing on January 28, Tucker x x
1991 Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
7. New Business:
A. This item was acted upon earlier in the meeting.
B. Discussion and related action relative to Southern Bell
Telephone and Telegraph Company - letter of election for ESSX
Service
The City Manager reported the ESSX service was thoroughly
investigated for use in the new City Hall and recommended approval
by the City Commission. He said the system would be superior to
that currently in use and recommended a 60-month contract which
would cost about $48.00 per month less than the current system.
Cook x x
Motion: Authorize execution of a 60-month contract with Edwards x
Southern Bell Telephone and Telegraph Company for Tucker x x
ESSX service for the new City Hall Weldon x
Gulliford x
No discussion before the vote. The motion carried unanimously.
PAGE EIGHT V V
MINUTES NAME OF
JANUARY 14, 1991 COMMRS. MSYN
C. Proposed contract with Gee & Jenson for promulgation of land
development regulations
Community Development Director, George Worley, said he felt the most
expeditious way to develop the land development regulations would be
to extend the contract with Gee & Jenson, which had been the company
involved in developing the Comprehensive Plan.
Motion: Authorize execution of Addendum 15 to the contract Cook x x
with Gee & Jenson to provide for planning services in Edwards x x
connection with development of Land Development Tucker x
Regulations at a cost not to exceed $20,500 Weldon x
Gulliford x
No discussion before the vote. The motion carried on a 4 - 1 vote
with Commissioner Weldon voting Nay.
D. Resolution No. 91-1 approving Budget Adjustment No. 90-6 to
provide additional funds for the Finance, Building and Equipment
Maintenance departments
Finance Director, Harry Royal, explained the need for the budget
transfer. Cook x x
Edwards x
Motion: Approve passage of Resolution No. 91-1 Tucker x x
Weldon x
No discussion before the vote. The motion carried unanimously. Gulliford x
E. Resolution No. 91-2 approving Budget Adjustment No. 90-7 to
provide additional budget for expenditures in the Gas Tax Funds
Cook x
Edwards x
Motion: Approve passage of Resolution No. 91-2 Tucker x x
Weldon x x
No discussion before the vote. The motion carried unanimously. Gulliford x
F. Discussion and related action concerning Dewees Avenue beach
dune crossover
The City Manager reported after further discussions with Mark Arnold
regarding the problems with the Dewees Avenue dune crossovers and if
the Andersons do not agree to the proposed modifications to the
structure, he asked the City Commission to consider removing that
part of the structure west of the seawall, thereby removing the
portion which traverses the Anderson property, and thus out of the
jurisdiction of the courts.
Motion: Authorize modification to the Dewees Avenue Dune Cook x
Crossover by removing that portion of the structure Tucker x
lying west of the sea wall
After a complete discussion on the matter, Commissioner Cook amended
his motion to add:
•
PAGE NINE V V
MINUTES NAME OF
JANUARY 14. 1991 COMMRS. MSYN
Cook x x
Amendment: That the approach to the structure be rendered safe Edwards x
and passable and the concurrence of the Andersons Tucker x x
not be required Weldon x
Gulliford x
No further discussion relative to the amendment. The motion carried
on a 4 - 1 vote with Mayor Gulliford voting Nay.
Cook x
With no further discussion on the matter, the question was called Edwards x
and the motion, as amended, was approved by a four - 1 vote with Tucker x
Mayor Gulliford voting Nay Weldon x
Gulliford x
G. Discussion and related action regarding paving of a portion of
Beach Avenue formerly known as Garage Approach Road
City Attorney, Alan Jensen, inquired from Kathleen Russell, one of
the residents of that area, whether attorney Baron Bartlett, a Real
Estate Attorney, had been in touch with the residents regarding
getting releases from the mortgage companies involved. Ms. Russell
indicated that she had not been contacted but that she would call
Mr. Bartlett.
H. Discussion and related action relative to Hanover Insurance
Company litigation
City Attorney Jensen reported this matter had been set on the trial
calendar for March 4, 1991. He said the position taken by the city
had been to recover full reimbursement of expenses. The U.S.
Magistrate had scheduled a settlement conference on February 20, and
it would be necessary for a representative of the city with full
authority to settle the case be in attendance. He suggested any
potential settlement could then be approved by the City Commission
at its next regular meeting. Commissioner Weldon agreed to attend
this meeting as the city's representative.
8. City Manager reports and/or correspondence
The City Manager requested the City Commission authorize the
continued use of the law firm of Corbin & Dickinson as the city's
labor attorneys in connection with collective bargaining for the
Fire Department. He said those negotiations would need to begin as
soon as possible.
Cook x x
Motion: Retain the law firm of Corbin & Dickinson to Edwards x
represent the city in contract negotiations with the Tucker x x
Fire Department Weldon x
Gulliford x
In discussion before the vote, Commissioner Weldon suggested the
City Attorney should be involved in appointment and the setting of
financial compensation of any outside counsel. The City Commission
PAGE TEN V V
MINUTES NAME OF
JANUARY 14, 1991 COMMRS. MSYN
concurred with this suggestion. The question was called and the
motion carried unanimously.
Parks & Recreation Director Blanchard indicated that a decision
needed to be made regarding the future of the modular office unit in
Russell Park. She said the YMCA wished to expand their programming
from summer activities to year-round activities and needed to know
if the building would be available. Termination of the current
agreement with the YMCA would require 90 days notice. She said the
city would be equally liable when any outside organization used city
facilities.
The Mayor said he would like to have a recommendation from the City
Manager on this matter, but before cancelling the contract with the
YMCA he felt it would be appropriate to invite YMCA representatives
to a Commission meeting to report on their plans. He said he would
also like to receive a report from the committee which is studying
the potential future uses for the current City Hall.
After further discussion it was agreed to invite YMCA
representatives to the next Commission meeting and also hear the
recommendations of the City Manager at that time.
9. Mayor to call on City Commissioners, City Attorney, and City
Clerk:
Commissioner Edwards reported the Northeast Florida League of Cities
had appointed a committee to make recommendations for changes to the
comprehensive plan requirements. He presented to the City
Commission the list of recommendations prepared by that committee.
Commissioner Edwards also provided pictures of code violations at a
house on Plaza. This was referred to Code Enforcement Officer, Don
Ford.
Mayor Gulliford stated he had provided a proposed list of projects
he hoped would be considered in 1991 and asked that this be an item
for discussion at the next Commission meeting. He also requested
the City Manager direct city employees to pay particular attention
to the logging of their time in and out of work. He felt this would
benefit both the city and the employees.
There being no further business to, come .efore the ity Commission,
the Mayor declared the meeting adj .urned at 10:55 PM
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