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01-28-91 v CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, JANUARY 28, 1991 Call to Order Invocaton and pledge to the flag 1. Approval of the minutes of the regular meeting of January 14, 1991. 2. Recognition of Visitors: 3. Appearances: A. Request from Navy Wives Club of American, Mayport, to conduct a patriotic rally at Jack Russell Park 2/7/91 from 5:30-7 p.m. (Maxine Pettinger, rep.) 4. Old Business: A. City Attorney with report relative to parking on 10th Street - Island Club Condominiums 5. Consent Agenda: A. Approval of Resolution #91-4 to recognize the good service Louis MacDonell has provide to the City (City Clerk Maureen King) B. Report from Financial Advisor - Burton and Associates regarding advisory committee (Mike Burton, rep.) 6. Committee Reports: A. Proposal for surge tank design (Gee & Jensen) B. WWTP Committee Report (Commissioner Weldon) 7. Action on Ordinances: A. Second reading and public hearing of Ordinance #45-91-9 removing the definition of night clubs 8. New Business: A. Discussion and related action relative to the Mayor's goals B. Discussion and related action relative to Florida League of Cities loan for computer equipment (Finance Director Harry Royal) C. Community Development Board recommending denial of Use by Exception request for the operation of a Teen Club at 18-20 Donner Road. (Community Development Director George Worley) D. Discussion and related action relative to consent of issuer to replacement of remarketing agent, tender agent and paying agent as requested by Naval Continuing Care Retirement, Inc. (City Attorney Alan Jensen) 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 THE ATLANTIC BEACH CITY COM— MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY, JANUARY 28, 1991 V V O O PRESENT: William I. Gulliford, Jr. , Mayor T T Robert B. Cook E E Glenn A. Edwards D D Adelaide R. Tucker, and John W. Weldon, Commissioners M S AND: Kim D. Leinbach, City Manager O 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 meting of January 14, 1991 Cook x Edwards x x Motion: Approve minutes of the regular meeting of January 14, Tucker x x 1991 Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. 2. Recognition of visitors: Howard Brown, 1753 Seminole Road, inquired into the status of the proposal to install water and sewer lines at the north end of the beach. Mayor Gulliford responded that the engineering had been completed and the project was permitted and a meeting with the residents of that area would be scheduled in the near future. He said the improvements would be paid for by assessments to each property owner impacted. Michael McClendon, 1723 Tanglewood Road, representing the North Florida Bicycle Club, said a bike ride which would go through part of Atlantic Beach had been scheduled for May 18, 1991 . He said a condition for D.O.T. approval required that permission be granted by the municipalities through which the course would pass. He asked for police support with traffic control, particularly at the intersection of Atlantic Boulevard and Florida Boulevard. After brief discussion, Mr. McClendon was asked to contact the Atlantic Beach Police Chief who would then report back with a recommendation to the City Commission at the next meeting. P.J. Wetherhold, inquired into the status of the proposed sidewalks/ bike paths on Seminole Road and was advised this would probably be on the agenda for the next meeting. Ms. Wetherhold also inquired regarding the fence which had been constructed by the city to prevent Oceanwalk from being used as a shortcut from the Mayport Road area. Mr. Kosoy, reported the original fence had been replaced or repaired four times. In spite of the fact the fence was constructed as sturdily as possible it had PAGE TWO V V MINUTES NAME OF JANUARY 28, 1991 COMMRS. MSYN been torn down in each instance. He felt there was little more the city could do. Chief Thompson said he was aware of problems, and after brief discussion, it was agreed that the Police Chief, City Manager, and Public Services Director would visit the area to see if there was anything further the city could do. 3. Appearances: A. Request from the Navy Wives Club of America, Mayport, to conduct a patriotic rally at Jack Russell Park on February 7, 1991, from 5:30 - 7:00 PM Jackie Cannon, 10918 Hawaii Drive South, Jacksonville, represented the Navy Wives Club and explained that the event was to show support for the troops deployed overseas as well as the families at home. After brief discussion it was decided the event would be coordinated through the Parks and Recreation and Police Departments, with oversight by the City Manager. Cook x x Motion: Grant permission to hold patriotic rally with Edwards x coordination through Parks & Recreation and Police Tucker x Departments, with oversight by the City Manager Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. 4. Old Business: A. City Attorney with report relative to parking on Tenth Street at Island Club Condominiums The City Attorney provided copies of minutes of meetings when the PUD was approved. He said the PUD had required that four parking spaces be provided on the west end of the building. He said if these parking spaces were still not available, this may constitute a violation of the PUD. Twenty parking spaces were available on Tenth Street and these could not be reserved for owners of the townhouses. Mr. Jensen said review of the area indicated that possibly two parking spaces may be available on Tenth Street at the Cloisters Condominium. After a complete discussion of the options available, Public Services Director Kosoy was instructed to get the dimensions of the area which would be available for private parking if Island Club were to remove the wall. Public parking could then be provided on the south side of Tenth Street. 5A. Approval of Resolution No. 91-4 to recognize the service of Louis MacDonell to the City of Atlantic Beach Mayor Gulliford presented in full, in writing Resolution No. 91-4. Cook x x Motion: Approve adoption of Resolution No. 91-4 Edwards x Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x PAGE THREE V V MINUTES NAME OF JANUARY 28, 1991 COMMRS. MSYN Gregg McCaulie, Chairman of the Community Development Board, also praised Mr. MacDonell for his assistance during his term on that board. B. Report from Financial Advisor, Burton and Associates, regarding advisory committee Cook x x Motion: Approve formation of advisory committee as Edwards x x recommended Tucker x Weldon x Mr. Burton explained he felt it would be helpful to have a committee Gulliford x comprised of staff members, a City Commissioner and a representative of the public to ensure the proper involvement and input in structuring and completion of the final water and sewer rate schedules. He said he felt this would help him better understand the needs of the city. After further discussion, the question was called and the motion carried on a 3 - 2 vote with Commissioners Tucker and Weldon voting nay. Commissioner Cook agreed to represent the City Commission and Alan Potter agreed to represent the citizens on the committee. 6. Committee Reports: A. Proposal for surge tank design B. Wastewater Treatment Plant Committee Report (These two agenda items were presented as one report) Public Services Director Kosoy reported the Utilities Committee had met regarding the construction of a surge tank at the Buccaneer wastewater treatment plant and it was agreed the surge tank could be completed and in service by September 15, 1991. Major concerns to be addressed included the chlorine contact facility, the effluent outfall line, accessibility for sludge handling, and acquisition of additional land by the city. It was agreed the Sea Gardens lift station preliminary design plans would be submitted to the city by January 29, 1991, and this project would proceed concurrently with the design of the surge tank. An easement would need to be acquired by the city. The committee had reviewed the proposal submitted by Gee & Jenson and recommended approval. The schedule outlined was as follows: Authorization to engineer to proceed with design, January 28; contracts and specifications from February 1 to February 29; file DER permit, March 1; bid advertisement March 4; receive and open bids on April 2; bid award April 8; and pre-construction conference April 11. Commissioner Weldon thanked the committee members for their contributions and said he felt the city could move ahead with the project with confidence to fulfill its commitment. V V PAGE FOUR NAME OF MINUTES COMMAS. MSYN JANUARY 28, 1991 Motion: Authorize Gee & Jenson to proceed with design work in Cook x connection with the construction of a surge tank at Edwards x the Buccaneer wastewater treatment plant, in the Tucker x x amount of $31,000.00 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. Mr. Kosoy added that the committee was requesting authorization to negotiate for the purchase of .17 acres adjacent to the Buccaneer plant from Harold Crum. Motion: Authorize Utilities committee to enter into Cook x x negotiations for the purchase of .17 acres adjacent Edwards x to Buccaneer wastewater treatment plant, and report Tucker x back with recommendations Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. After further discussion it was agreed to proceed with the negotiations to purchase the property and if it became apparent that an appraisal would be necessary, this would be undertaken. Mr. Kosoy reminded the Commission that he had been asked to prioritize the eleven projects he had recommended at the previous meeting. He said due to his schedule, only four items had been prioritized. Top, and equal priority had been given to the installation of the surge tank and Sea Gardens lift station, with second priority being given to Buccaneer water treatment plant improvements, and Atlantic Beach water treatment plant improvements. 7. Action on Ordinances: Ordinance No. 45-91-9 - Public Hearing 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 second and final reading, said ordinance having been posted in accordance with Charter requirements. The Mayor opened the floor for a public hearing and invited comments from the audience. Dezmond Waters, 1835 Seminole Road, inquired why it was necessary to delete this section and was advised that the classification of nightclub, as opposed to disco, lounge etc, was very vague and it was felt the elimination of nightclub would simplify that class- ification. Since no one else spoke for or against the matter, the Mayor declared the public hearing closed. Cook x Edwards x x Motion: Approve passage of Ordinance No. 45-91-9 on final Tucker x x reading Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. PAGE FIVE V V MINUTES NAME OF JANUARY 28, 1991 COMMRS. MSYN S. New Business: A. Discussion and related action relative to Mayor's goals Mayor Gulliford confirmed that each Commissioner had received a copy of his goals for 1991 and asked for any additions or deletions. Commissioner Cook requested that the city also consider as one of its goals the importance of continuing to work for the construction of the Wonderwood Expressway. Commissioner Weldon requested that the chipper which had recently been purchased by the city be used on a regular basis to help reduce the volume of yard trash to the landfill. Cook x Motion: Adopt the Mayor's suggested agenda of goals for 1991, Edwards x as amended Tucker x x Weldon x x Mayor Gulliford said he had heard of a pilot program in the City of Gulliford x Jacksonville to make compost by combining chipped yard trash with sewage sludge. He suggested Mr. Kosoy look into this. The question was called and the motion carried unanimously. B. Discussion and related action relative to Florida League of Cities loan for computer equipment Finance Director Royal explained this was to purchase the computer equipment which had previously been approved, as well as the purchase of furniture and telephone equipment for the new City Hall. He said the adoption of Resolution No. 91-3 would approve borrowing the money through the Florida League of Cities. Mr. Royal explained an amount of $351 ,580.00 had been budgeted and the finance rate on the loan would be 7.35% while the interest rate on current city investments was 8.1%. Mayor Gulliford presented in full, in writing, Resolution No. 91-3. Cook x Motion: Approve passage of Resolution No. 91-3 Edwards x x Tucker x After brief discussion regarding the pros and cons of paying cash Weldon x x for the furniture as opposed to the lease-purchase agreement, the Gulliford x question was called and the motion carried unanimously. C. Community Development Board recommending denial of Use by Exception request for the operation of a Teen Club at 18-20 Donner Road. Mayor Gulliford requested that action on this matter be deferred until the next meeting since Mr. Lewis could not be in attendance. The matter was set for public hearing on February 11, 1991. D. Discussion and related action relative to consent of issuer to replacement of remarketing agent, tender agent, and paying agent, on Fleet Landing Bonds as requested by Naval Continuing Care Retirement, Inc. PAGE SIX V V MINUTES NAME OF JANUARY 28. 1991 COMMRS. MSYN City Attorney Jensen said the requested action would provide for the removal of Lovett, Underwood, Neuhaus & Webb as the remarketing agent, and appointment of J.P. Morgan Securities as successor remarketing agent. J.P. Morgan Securities would also replace Southeast Bank as the Tender Agent and Paying Agent. He explained this would benefit Fleet Landing and would be at no cost to the city. Cook x Motion: Authorize the Mayor to execute the agreement to Edwards x approve the changes in the Fleet Landing Bonds as Tucker x x outlined Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. 9. City Manager reports and/or correspondence: In response to a previous request from the City Commission the City Manager said he had submitted a written recommendation that no changes be madeat this time relative to the location of the Parks & Recreation office trailer. After the administration has moved to the new City Hall, it would be his recommendation that the Parks & Recreation Director and Beautification Coordinator move to the original City Hall Building. Parks & Recreation Director Blanchard said she concurred in this recommendation. Cook x Motion: Approve recommendation of the City Manager relative Edwards x to the status of the Parks & Recreation Department Tucker x x and Beautification Coordinator Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. The City Manager indicated he had also presented in writing a report relative to Lot 95, Saltair, Section 3. He said the cost to install a 3-ft. high split rail fence would be approximately $520.00. Mayor Gulliford reminded him that Mrs. Barbara Hopson had volunteered to pay for such a fence and suggested that the City Manager contact her in this regard. The City Manager was directed to make inquiries regarding whether it would be possible to purchase the lot in question. Commissioner Cook reported since the last meeting he had visited the Dewees dune overwalk and wondered whether the overwalk could be restructured to slant down on the east side of the seawall. Discussion ensued regarding other options including portable walkways which would rest on the sand and which could be taken up during storms, a handicap ramp similar to Fifth and Eleventh Streets, and the removal of structure. Finance Director Royal pointed out if the structure was removed the city might be liable for grant monies which were used to construct the walkways. Commissioner Cook requested the other Commissioners visit the area and that it be placed on the agenda for further consideration at the next meeting. PAGE SEVEN V V MINUTES NAME OF JANUARY 28, 1991 COMMRS. MSYN Commissioner Cook also provided each Commissioner with a copy of a memorandum regarding the procedures to be followed to formalize the Section H assessment roll. He said it would be necessary to hold an equalization meeting at which the City Commission would sit as a Board of Adjustment in order to give residents an opportunity to question the assessment. He said this should be undertaken as soon as possible so the city could begin to collect the assessments. Motion: Direct the City Manager to look into this matter and Cook x proceed as deemed necessary by the City Attorney, and Edwards x that the City Clerk be requested to properly Tucker x x advertise such meeting Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford requested that the City Clerk keep a pending list of matters to be followed up and reported back to the City Commission. Mayor Gulliford asked the committee appointed to review the utility rate structure, when reviewing the Buccaneer rates, to take into consideration the fact a reasonable financial return was expected on the investment in the Buccaneer system. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 9:15 PM. 11111111111 1,4.m a/A A Wi 'liam . ull 'fo d:liti, Mayor/Presiding 0, fi.0 ATTES T: (a''., 1ce?`-__, g Maureen King, City Clerk