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12-10-84 v AGENDA CITY OF ATLANTIC BEACH December 10, 1984 Call to Order Invocation and Pledge to Flag 1. Approval of Minutes of November 26, 1984 2. Recognition of Visitors A. Presentation by Muscular Dystrophy Association to the Atlantic Beach Fire Department B. Presentation by the City of Jacksonville Planning Staff Regarding Zoning Along Mayport Road 3. Correspondence 4. Advisory Planning Board A. Request for Rezoning - Reyhani, Inc. , and Grenville $ Meuse Construction Company B. Request for Rezoning - Selva Developers, Inc. C. "Use by Exception" Application - Rosario Recupito D. Policy Recommendation Regarding the Paving of Public Right-of-Way 5. City Manager's Report A. Item #1 - Contract for Engineering Services - DER Project: New Pumping Stations and Outfall Force Main B. Item #2 - Police Department Monthly Report - November 1984 6. New Business A. Codes Enforcement Board B. Bid Opening - Fire Hydrants 7. Unfinished Business A. Selection of a Date and Time for Committee of the Whole Meeting to Review City Manager applications 8. Report of Committees 9. Action on Resolutions A. Resolution No. 84-20 - Redeeming 1958 General Obligation Sewer Bonds B. Resolution No. 84-21 - Redeeming 1971 General Obligation Sewer Bonds 10. Action on Ordinances 11. Miscellaneous Business 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- V V MISSION HELD AT THE CITY HALL ON DECEMBER 10,1984 AT 7:15 P.M. 0 0 T T PRESENT: William S. Howell, Mayor-Commissioner E E Robert B. Cook, Sr. D D William I. Gulliford, Jr. John W. Morris, Jr. Catherine G. Van Ness, Commissioners M S O E AND: A. William Moss, City Manager T C Claude L. Mullis, City Attorney I 0 Y Adelaide R. Tucker, City Clerk NAME OF ONEN COMMRS. N D S 0 • The meeting was called to order by Mayor Howell. The invocation,offered by Commissioner Morris, was followed by the pledge to the flag. Approval of the Minutes of November 26, 1984 Motion: Approve the minutes of the regular Commission meeting of Cook x November 26, 1984 as presented. Gulliford x x Morris x x No discussion before the vote. The motion carried Van Ness x unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * tecognition of Visitors The Chair recognized Mrs. Ruth Gregg, 905 Sailfish Drive, who inquired if the city had adopted a new fire code, and if so, would the new code require the removal of the propane storage tanks on Mayport Road. The City Manager advised that the Commission would be reviewing its new codification of Ordinances within the next few weeks. The new Code will,by reference,adopt the fire code. He expressed the opinion that the new fire code will not force the removal of the existing propane tanks. Chief Royal agreed. Mrs. Gregg also asked why it was taking so long to remove all of the junk cars.She was told the City Attorney will give a legal opinion on the matter in the near future. A. Presentation by Muscular Dystrophy Association to the Atlantic Beac'i Fire Department On behalf of all the muscular dystrophy patients, a representative from MDA presented a plaque to Chief Royal in appreciation for his fire- fighters support in the labor day telethon. The Atlantic Beach fire- fighters collected $7,803.20, the highest per capita in the State of Florida. A round of applause was given to all the firemen. B. Presentation by the City of Jacksonville Planning Staff Regarding Zoning Along Mayport Road The City Manager introducted Mr. John Crofts and Tiwana Flake of the City of Jacksonville's Planning Staff. Mr. Crofts offered a brief back- ground presentation of the recently completed intergovernmental study For PAGE TWO V V MINUTES NAME OF DECEMBER 10,1984 COMMRS. MSYN MEM Recognition of Visitors - continued a land use,and transportation plan, and community facilities plan for the greater Arlington-Beaches area. Ms. Flake submitted a proposed land use plan map for all of Mayport Road including Jacksonville's zoning districts. She said, in preparing the map, they had tried to determine whether the existing zoning actually met the existing uses or whether the zoning was too intense for the types of uses that presently exist. Certain areas were down-zoned to make the uses more compatible with the zoning classification. Following discussion, Mr. Crofts stated they plan to meet with the Advisory Planning Board in January to dis- cuss the proposed land use plan. Mayor Howell thanked them for their time and effort spent on the recommended land use plan. Correspondence - none Advisory Planning Board A. Request for Rezoning - Reyhani, Inc. , and Grenville & Meuse Con- struction Company Commissioner Morris reported that the Advisory Planning Board had re- viewed the application for rezoning property bounded by Plaza on the south, 11th st. on the north, the lagoon on the east, and Royal Palms Subdivision on the west from Open Rural (OR) and RG-2 to P.U.D. and a Public Hearing was held on December 4, 1984. Following the Public Hear- ing,The Advisory Planning Board voted to recommend approval of the re- zoning request. Motion: Move for a Public Hearing. Cook x The Ordinance will be presented on first reading on Gulliford x January 14, 1985, and second reading, with Public Hearing Morris x x to be held on January 28, 1985. Van Ness x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Request for Rezoning - Selva Developers, Inc. Commissioner Morris reported that on December 4, 1984, the Advisory Planning Board had reviewed a request for rezoning submitted by Selva Developers, Inc. The property is approximately 8.5 acres along the northerly city limit line between Seminole Road and Selva Marina Drive (extended) , and they requested it be rezoned from Open Rural (OR) to Residential Single Family (RS-1) . The Advisory Planning Board voted to recommend approval of the rezoning request. Motion: Move for a Public Hearing. Cook x x The Ordinance will be presented on first reading on Gulliford x January 14, 1985, and second reading, with Public Hearing Morris x x to be held on January 28, 1985. Van Ness x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE THREE V V MINUTES NAME OF DECEMBER 10,1984 COMMRS. MSYN Advisory Planning Board - continued C. "Use by Exception" Application - Rosario Recupito Commissioner Morris reported that on December 4, 1984, the Advisory Planning Board considered a "Use by Exception" application submitted by Rosario Recupito for on-premise consumption of beer and wine at Rosario's Pizza which will be located next to Petunia Patch in the Atlantic Village Shopping Center. The zoning district is Commercial General (CG) . The Advisory Planning Board recommended to approve the "Use by exception". Motion: The "Use by exception" for on-premise consumption of beer Cook x x and wine be granted to Rosario's Pizza, Atlantic Village Gulliford x Shopping Center. Morris x Van Ness x x No discussion before the vote. Motion carried four to one. Howell x Commissioner Morris voted no. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. Policy Recommendation Regarding the Paving of Public Right-of-Way ;ommissioner Morris reported that the Advisory Planning Board recom- iended the passage of an Ordinance requiring right-of-way permits for the use of paving public rights-of-way, and that it be the policy to generally deny approval to pave a right-of-way for other than drive- way purposes. Discussion followed. Motion: Move to refer the matter to the City Manager. Cook x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x City's Manager's Report A. Item #1 - Contract for Engineering Services - DER Project: New Pumping Stations and Outfall Force Main The City Manager offered a proposed contract with Robert Bates and Associates for basic engineering services and inspection services for the new pumping stations and the effluent outfall force main. (DER project 747040 in the amount of $834,785. The City Commission adopted Resolution No. 84-19 which accepted the Fla. DER grant on 11/26/84) . The City Manager recommended the Mayor be authorized to execute the agreement with Robert Bates and Associates. Motion: Move to authorize the Mayor to execute the agreement Cook x with Robert Bates and Associates for professional Gulliford x x engineering services on the DER Project 747040. Morris x Van Ness x x No discussion before the vote. Motion carried unanimously. Howell x PAGE FOUR V V MINUTES NAME OF DECEMBER 10,1984 COMMRS. M S Y N City Manager's Report - continued B. Item #2 - Police Department Monthly Report - November 1984 Mayor Howell acknowledged receipt of the Police Department's monthly report. As there were no questions, he instructed the report be filed for information. New Business A. Codes Enforcement Board The City Manager reported that the Codes Enforcement Board requested that the City Commission consider appointing clerical personnel as may be required by the Board. The City Attorney stated that under the Statutes, the Commission also needed to designate a Code Inspector who would be the one that would put the wheels in motion to bring charges against any particular individual or corporation. The depart- ment head, along with the Code Inspector, will represent the city, as far as presenting the evidence, charges, etc. The Mayor suggested a part-time clerk be hired to do only work for the Code Enforcement Board, and employ the services of a court reporter for each case pre- ;ented. Following discussion, Commissioner Gulliford moved for the ollowing: Motion: Ask the Code Enforcement Board to come back to the Commis- Cook x sion with a recommendation and a request for funding for Gulliford x x a particular individual to take the minutes, do the filing Morris x x and any other necessary clerical work for the Code Enforce- Van Ness x ment Board, and with the intent, where necessary, a court Howell x reporter will be secured to take minutes of the meetings. Nodiscussion before yythe yyvote. yyMotion Jcayyrryyiey.dunyanJJimouyysly.yy * �LL * * * * * * * iV * * * * * * * * * * * * * * * * * * * * * * * Discussion was held on whether to designate a Code Inspector. The City Attorney will bring back suggestions at the next meeting. B. Bid Opening - Fire Hydrants The following bids were received and opened: C. W. Systems, Live Oak,Fl Total base bid $18,000.00 Bid Bond- $900. Cashiers Check Bid not signed Jax Utilities Construction Co. , Jacksonville Total base bid $22, 160.00 Bid Bond - Federal Insurance Co. PAGE FIVE V V MINUTES NAME OF DECEMBER 10, 1984 COMMRS. MSYN New Businss - continued - Bid Opening John Woody, Inc. , Jacksonville $22,425.00 Bid Bond - Aetna Casualty During discussion,the City Manager was asked how much had been project- ed for the project and he stated $16,000. The Mayor expressed concern over awarding the bid at that time due to the potential relocation of the existing water lines. Following discussion, Commissioner moved for the following: Motion: Defer action on the bids until the next meeting. Cook x Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Unfinished Business A. Selection of a Date and Time for Committee of the Whole Meeting to Review City Manager applications Lpplications for the position of City Manager will be accepted until December 18, 1984. The Commission unanimously agreed to meet as a Committee of the Whole on Tuesday night, December 18, 1984 at 7:30 p.m. to review City Manager applications. Commissioner Gulliford expressed concern over the possibility of not having a City Manager on board for the next several weeks if Mr. Moss leaves on January 2, 1985 and moved for the following: Motion: If no City Manager is in place by January 2, 1985, the City Cook x retain A. William Moss on contract on a continuing basis to Gulliford x x be paid at his regular compensation on a daily rate in Morris x x addition to the other conditions in his letter of resigna- Van Ness x tion. The contract will automatically terminate upon the Howell x reporting for duty of a new City Manager, or if Mr. Moss obtains other employment , but in no event such contract to extend beyond February 2, 1985. No discussion before the vote. Motion carried unanimously. Mr. Moss stated he would be more than happy to stay for a short period of time, but he encouraged the Commission to proceed in the direction of replacing him by January 2, 1985. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Report of Committees - none • PAGE SIX V V MINUTES NAME OF DECEMBER 10,1984 COMMRS. MSYN Action on Resolutions A. Resolution No.84-20 Mayor Howell presented in full, in writing, proposed Resolution 84-20, a Resolution redeeming 1958 General Obligation Sewer Bonds. Motion: Move for passage of Resolution No. 84-20. Cook x x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x Copy of Resolution 84-20 is attached hereto and made a part Van Ness x x hereof. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Resolution No. 84-21 Mayor Howell presented in full, in writing, proposed Resolution 84-21, a Resolution redeeming 1971 General Obligation Sewer Bonds. Motion: Move for passage of Resolution No. 84-21. Cook x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x Copy of Resolution 84-21 is attached hereto and made a part Van Ness x x hereof. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Action on Ordinances- none Miscellaneous Business Discussion was held on a letter received from JEA advising the city of the General Counsel's Office opinion on the occupational license fee levied by the City of Atlantic Beach. Their legal opinion was that any such fee imposed on JEA by the City of Atlantic Beach is illegal, and they will not process the payment of $37,590. The City Attorney disagreed and offered two alternatives for the Commission to take: go to court or take the case before the Code Enforcement Board. Following discussion, the City Attorney was directed to consider the two alternatives and come back with specific recommendations at the next meeting. There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:10 p.m. /OW (SEAL) William S. Howell Mayor/Presiding Officer ATTEST: �� A e aide R. Tucker City Clerk CMC (-).:-= t BID TABULATION ENGINEERS PROJECT NO: 8223 CITY OF ATLANTIC BEACH, FLORIDA PREPARED BY: BID DATE : December 10, 1984 Robert Bates &Associate:,Inc. TIME: 7: 15 P.M. RELOCATION AND REPLACEMENT OF FIRE HYDRANTS CONSULT/NG ENGINEERS ✓ACKSONV/L L E,FLDR/DA SHEET NO. _I OF1_ f BR/EF c c Syc7r,..,,c ieLy v7UJI�7;pf Jeh A. Dod/ j, 7 1 /TEM DESCRIPTION 1.--'1,e oQ k7e()e TOTAL BASE BID - Summation of Parts "A" , "B" and "C". 12, Qo ) 2 2 /(,U )2 I D_ S Sub-Total Part "A" - Fire Hydrant Relocation Sub-Total Part "B" - Fire Hydrant Replacement Sub-Total Part "C" - Fire Hydrant Removal Bid Bond Company Bid Bond Amount $`7 DD NO ADDENDA ISSUED //)oii- 417-t-,r/ 1 RESOLUTION NO. 84-20 A RESOLUTION REDEEMING 1958 GENERAL OBLIGATION SEWER BONDS WHEREAS, the City of Atlantic Beach in years past funded certain sewer improvements by bond issue, and WHEREAS, the City of Atlantic Beach has redeemed 20 - 3.80% Sewer Bonds (1958 issue) in the amount of $20,000, said bonds bearing maturity date of April 1, 1984, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSI0N OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that the following numbered bonds totaling $20,000 in value be burned: Numbers 201 through 220 and that, the following numbered interest coupons be burned: Coupon No. 49 from bonds 201-300; 246; 249; Coupon No. 51 from bonds 221-226; 228-232; 240-260 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The above and foregoing Resolution passed by the City Commission on , 1984. (Seal) William S. How-.' ! - fl Mayor/Presiding Offi -r ' '� ATTEST: Adelaide R. Tucker City Clerk CMC Approved as to form and correctness: Claude L. Mullis City Attorney