10-11-93 v AMENDED
CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, OCTOBER 11, 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 September 27, 1993
and regular meeting of October 5, 1993.
2. Recognition of Visitors:
3. Old Business:
A. Discussion and related action regarding the adoption of a policy
to accept the Qualified Bidders List (Finance Dir. Wendland)
B. Discussion and related action regarding advertising in the City's
newsletter (Joanne Morrisseau)
C. Discussion and related action relative to the proposed contract
between the City and users of city facilities (City Manager Kim
Leinbach)
4. Resolution:
A. Resolution #93-37 contract fixing the duties and rate of
compensation for the City Clerks contract
B. Resolution #93-36 contract fixing the duties and rate of
compensation for the City Manager
C. Resolution #93-42 declaring a special assessment for a sewer line
to serve property owners bewteen 17th and 18th Streets on
Seminole Road
D. Resolution #93-43 declaring a special assessment for a water line
to serve the property owners on sections of Ocean Boulevard,
DeWees Avenue, Seminole Road and Coquina Place known as Ocean
Grove Unit Two
E. Resolution #93-45 in memory of John 0. Lauwaert
F. Resolution #93-46 regarding the National Flood Insurance Reform
Act of 1993
G. Resolution #93-47 Famous Amos relative to beautification of a
portion of Ahern Street and providing water for plants in median
H. Resolution #93-48 relative to Budget Adjustment BA94-01 for
budget transfer to amend budget per discussion of Commission at
workshop of 10/6/93
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.
5. Consent Agenda:
A. Approval of nominations for 2 seats on the Park & Recreation
Advisory Board
B. Usage report for Adele Grage Community Center
C. Approval of bid #9293-29 Jordan Park rest room facility
D. Approval of Change Order #2 relative to Chlorine Contact Facility
Page Two 10/11/93
6. Ordinances:
A. Final reading and public hearing of Ordinance 90-93-161 rezone
six lots on north side of Cornell Lane
B. Introduction and first reading of Ordinance #58-93-19 amending
various sections of the retirement system
7. New Business:
A. Discussion and related action regarding the proposal of water
service to undeveloped property in Section H (Mr. Mrs. Alford)
B. Discussion and related action concerning Use by Exception filed
by Pan Am Mini Storage, Inc. to allow outside, on-site storage
of vehicles (City Planner George Worley)
C. Discussion and related action concerning Use by Exception filed
by Bahraim Venus to operate a used car sales business on 1420
Mayport Road (City Planner George Worley)
D. Discussion and related action regarding appeal of decision
for a variance application to front setback requirements (Sala
Mansouri, City Planner George Worley)
8. City Manager Reports and/or Correspondence:
A. Police report - speeding monitored in areas Atlantic Beach
B. Authorization to sign Anti-Drug Abuse grant certificate
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
A. Code Enforcement appointments
Adjournment
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY
COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7: 15 V V
PM ON MONDAY, OCTOBER 11, 1993 O O
T T
PRESENT: William I . Gulliford, Jr. , Mayor E E
Glenn A. Edwards D D
Lyman T. Fletcher, and
J. Dezmond Waters, III, 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
ABSENT: Adelaide R. Tucker, NAME OF D S N
( Excused Absence) N 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 EDWARDS X X
September 27, 1993. FLETCHER X
WATERS X X
Motion: Approve minutes of the regular meeting of GULLIFORD X
September 27, 1993 .
No discussion before the vote. The motion carried
unanimously.
4110 Motion: Approve minutes of the regular EDWARDS X X
meeting of October 5, 1993 . FLETCHER X X
WATERS X
No discussion before the vote. The motion carried GULLIFORD X
unanimously.
Agenda Item 4E was taken out of sequence and acted upon
at this time.
4E. Resolution #93-45 : A RESOLUTION OF THE CITY OF
ATLANTIC BEACH IN MEMORY OF JOHN O. LAUWAERT
Mayor Gulliford presented in full, in writing, Resolution
#93-45 .
Motion: Approve passage of Resolution 93-45 EDWARDS X
FLETCHER X X
No discussion before the vote. The motion carried WATERS X X
unanimously. GULLIFORD X
Mayor Gulliford presented Resolution 93-45 in plaque form
to the family of John 0. Lauwaert.
•
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2 . Recognition of Visitors:
William McGee, 1831 Selva Marina Drive, noted that $1 . 5
million was transferred from the Water/Sewer Fund to the
General Fund.
3. Old Business:
A. Discussion and related action regarding the
adoption of a policy to accept the Qualified
Bidders List
Kirk Wendland, Finance Director, explained the policy and
procedure that would be utilized to pre-qualify bidders
when the estimated cost of the bid exceeded $100, 000.
Motion: Approve policy to pre-qualify bidders EDWARDS X X
relative to awards of contracts for FLETCHER X X
construction, reconstruction, repairs or other WATERS X
work on city facilities and equipment GULLIFORD X
It was explained the method of pre-qualifying bidders
would ensure a fairer system, and would limit the city' s
exposure to possible litigation.
. The question was called and the vote resulted in all
ayes. The motion carried.
B. Discussion and related action regarding
advertising in the City' s newsletter
JoAnne Morrisseau requested approval to take over the
City' s Newsletter and make it a profitable venture. She
proposed increasing pages in order to generate
advertising revenues to pay for production, to allow not
more than 50% of the newsletter to be given up for
advertising, and to add more human interest stories and
a calendar of events. She proposed that the City
continue to pay for the postage and mailing of the
newsletter. It was agreed the City would pay for the
postage and Ms. Morrisseau would take over the
advertising, and that the agreement would be in effect
for one year at which time the Commission would examine
the situation.
Motion: Grant approval for JoAnne Morrisseau EDWARDS X
to solicit advertising for City' s Newsletter FLETCHER X X
for a period of one year, with the City paying WATERS X X
for postage. GULLIFORD X
• It was explained the City would prepare the contents of
the Newsletter.
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The question was called and the vote resulted in all
ayes. The motion carried unanimously.
C. Discussion and related action relative to the
proposed contract between the City and users
of city facilities
Kim Leinbach, City Manager, presented a proposed
contract between the City and users of the City' s
facilities. He submitted recommendations relating to the
Atlantic Beach Experimental Theater (ABET) and Beaches
Habitat for their use of space at the Adele Grage
Community Center.
Motion: Approve execution of contracts with EDWARDS X
ABET and Beaches Habitat for their use of FLETCHER X
space at the Adele Grage Community Center WATERS
GULLIFORD
Commissioner Fletcher felt the City encouraged the work
of Habitat and that it was a conflict to charge Habitat
for office space at the Community Center. Mayor
Gulliford explained Habitat would be agreeable to pay
$50.00 per month. He added they had experienced
difficulty securing an office in the past and would be
happy to have an office of their own. He added Habitat
worked with other cities and not only Atlantic Beach.
A discussion ensued regarding whether the City desired to
charge for other recreational facilities, but no decision
was reached. Liability insurance was discussed and it
was felt it would be a mistake not to insist that renters
of facilities carry insurance. Mr. Leinbach suggested
the city obtain insurance from renters with the city
named as additional insured. He was asked to investigate
the possibility of obtaining insurance that would cover
renters. It was decided to defer action on the issue
until further information was available.
Carson Merry Baillie reported she had received a quote of
approximately $1, 000 to obtain insurance and she
explained it would be too expensive to remain in
operation if ABET was required to obtain insurance.
Reference was made to the proposed contract between the
City and ABET, 3. c. , and it was decided to change the
language as follows: "No fees or admission costs shall
be charged to the public unless approved in writing by
the City Manager of Atlantic Beach or by the City
Commission by formal vote. "
The Mayor indicated the City of Jacksonville Beach paid
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October 11, 1993 COMMRS. MSYN
a city employee to open and close facilities, and he
suggested perhaps this should be considered.
The previous motion and second to the motion were
withdrawn.
Motion: Defer action until the meeting of EDWARDS X X
October 25, 1993 FLETCHER X X
WATERS X
No discussion before the vote. The motion carried GULLIFORD X
unanimously.
4. Resolution:
A. Resolution 93-37 - A RESOLUTION OF THE CITY OF
ATLANTIC BEACH APPOINTING MAUREEN KING AS CITY
CLERK FOR AN INDEFINITE TERM, FIXING HER
DUTIES AND RATE OF COMPENSATION BEGINNING
OCTOBER 1, 1993, AND PROVIDING AN EFFECTIVE
DATE
Mayor Gulliford presented in full, in writing, Resolution
93-37. EDWARDS X
FLETCHER X
Motion: Approve passage of Resolution 93-37 WATERS
GULLIFORD
A discussion ensued regarding setting the term of the
contract and after discussion it was decided to set the
contract in resolution form for a term of one year.
Reference was made to Section 4 (c) , second paragraph,
and it was decided for the purpose of clarification to
add "calendar" to 120 days.
Substitute Motion: Approve passage of EDWARDS X X
Resolution 93-37, as amended. Amendments: FLETCHER X X
term of contract shall be for one year; WATERS X
Section 4 (c) (second paragraph) change "120 GULLIFORD X
days" to "120 calendar days"
The question was called and the vote resulted in 3-1 with
Commissioner Edwards voting nay. The substitute motion
carried.
B. Resolution 93-36: A RESOLUTION OF THE CITY OF
ATLANTIC BEACH APPOINTING KIM D. LEINBACH AS
CITY MANAGER FOR AN INDEFINITE TERM, FIXING
HIS DUTIES AND RATE OF COMPENSATION BEGINNING
OCTOBER 1, 1993, AND PROVIDING AN EFFECTIVE
DATE
Mayor Gulliford presented in full, in writing, Resolution
93-36.
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Motion: Approve passage of Resolution 93-36 EDWARDS
FLETCHER X
A discussion ensued regarding setting the term of the WATERS X
contract and after discussion it was decided to set the GULLIFORD
contract in resolution form for a term of one year. A
discussion was held regarding whether the city should
provide insurance for the City Manager' s personal car.
The City Manager advised he had been providing his own
insurance. With reference to Section 3(a) Automobile, it
was decided to eliminate language pertaining to having an
automobile provided to the city Manager, and to eliminate
the last sentence of the paragraph which indicated the
City shall be responsible for paying for insurance and
for the purchase of the automobile.
Substitute Motion: Approve passage of EDWARDS X
Resolution 93-36, as amended. Amendments: FLETCHER X X
term of contract shall be for one year; WATERS X X
Section 3(a) Automobile - Eliminate language GULLIFORD X
indicating the City Manager would have an
automobile provided to him by the City, and
eliminate the last sentence of the paragraph
which provided the city would pay for
insurance and purchase of automobile
The question was called and the motion carried
unanimously.
C. Resolution 93-42 - A RESOLUTION OF THE CITY OF
ATLANTIC BEACH DECLARING A SPECIAL ASSESSMENT,
AS REQUIRED BY FLORIDA STATUTES, CHAPTER 170,
FOR A SEWER LINE TO SERVE THE PROPERTY OWNERS
BETWEEN 17TH AND 18TH STREET ON SEMINOLE RAOD,
AND PROVIDING AN EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing, Resolution
93-42.
Motion: Approve passage of Resolution 93-42 EDWARDS X X
FLETCHER X X
No discussion before the vote. The motion carried WATERS X
unanimously. GULLIFORD X
D. Resolution 93-43 - A RESOLUTION OF THE CITY OF
ATLANTIC BEACH DECLARING A SPECIAL ASSESSMENT,
AS REQUIRED BY FLORIDA STATUTES, CHAPTER 170,
FOR A WATER LINE TO SERVE THE PROPERTY OWNERS
ON SECTIONS OF OCEAN BOULEVARD, DEWEES AVENUE,
SEMINOLE ROAD AND COQUINA PLACE KNOWN AS OCEAN
GROVE UNIT TWO, AND PROVIDING AN EFFECTIVE
DATE.
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Mayor Gulliford presented in full, in writing, Resolution
93-43.
Motion: Approve passage of Resolution 93-43
EDWARDS X X
FLETCHER X X
No discussion before the vote. The motion carried WATERS X
unanimously. GULLIFORD X
E. Resolution 93-45 (this was addressed earlier in the
agenda)
F. Resolution 93-46 - A RESOLUTION OF THE CITY
COMMISSIONERS OF ATLANTIC BEACH, FLORIDA,
OPPOSING SENATE BILL 1405 REGARDING THE
NATIONAL FLOOD INSURANCE REFORM ACT OF 1993 AS
IT IS CURRENTLY WORDED, AND RECOMMENDING
CERTAIN CHANGES WHICH WOULD MAKE THE PROPOSED
LAW ACCEPTABLE
Mayor Gulliford presented in full, in writing, Resolution
93-46.
Bob Weiss explained Senate Bill 1405 had been defeated on
two occasions. He indicated passage of the Bill would
make flood insurance unavailable to certain people, and
he urged the commission to pass the resolution.
Motion: Approve passage of Resolution 93-46 EDWARDS X X
FLETCHER X
No discussion before the vote. The motion carried WATERS X X
unanimously. GULLIFORD X
G. Resolution 93-47 - A RESOLUTION OF THE CITY OF
ATLANTIC BEACH THANKING FAMOUS AMOS RESTAURANT
FOR THEIR CONTRIBUTION AND ASSISTANCE TOWARD
THE BEAUTIFICATION EFFORTS OF AHERN STREET
Mayor Gulliford presented in full, in writing, Resolution
93-47.
Motion: Approve passage of Resolution 93-47 EDWARDS X X
FLETCHER X X
Mayor Gulliford asked that Carl Walker, Beautification WATERS X
Coordinator, present the resolution which was in plaque GULLIFORD X
form to Famous Amos. Commissioner Fletcher explained
Famous Amos donated money and also water toward the
beautification of landscaping on Ahern Street.
The question was called and the motion carried
unanimously.
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H. Resolution 93-48 - A RESOLUTION TRANSFERRING
CERTAIN MONIES BETWEEN FUNDS
Mayor Gulliford presented in full, in writing, Resolution
93-48.
Motion: Approve EDWARDS X X
pp passage of Resolution 93-48 FLETCHER X
WATERS X X
No discussion before the vote. The motion carried GULLIFORD X
unanimously.
5 . Consent Agenda:
A. Approval of nominations for two seats on the
Park & Recreation Advisory Board
B. Usage report for Adele Grage Community Center
C. Approval of bid #9293-29 Jordan Park rest-
room facility
D. Approval of Change Order #2 relative to
Chlorine Contact Facility
Commissioner Waters asked that Item D be removed from the
Consent Agenda.
EDWARDS X X
Motion: Approve passage of consent agenda FLETCHER X X
with the exception of Item D WATERS X
No discussion before the vote. The motion carried GULLIFORD X
unanimously.
D. Approval of Change Order #2 relative to
Chlorine Contact Facility
Commissioner Waters asked if the addition of this small
on-site lab was in the form of a kit and, if so, if it
would be feasible for city crews to undertake its
construction. Mr. Kosoy replied the contractor would do
the plumbing and installation and that it was a good
price. He indicated city crews would not be able to
undertake the work more economically.
Motion: Approve Consent Agenda Item D, Change EDWARDS X X
Order No. 2 for Buccaneer chlorine contact FLETCHER X
improvements WATERS X X
GULLIFORD X
No discussion before the vote. The motion carried
unanimously.
Mayor Gulliford explained Item 5A of the Consent Agenda
which was approved by the Commission appointed William M.
Dutter and Caroline Wright to the Advisory Recreation
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Board, each for a four year term beginning October 1,
1993.
Agenda Item 9A was taken out of sequence and acted upon
at this time.
A. Code Enforcement Appointments
Mayor Gulliford announced George Bull had resigned as
Chairman of the Code Enforcement Board, and he nominated
Lou Etta Waters to replace Mr. Bull for a three year term
ending September 30, 1996. He indicated Ed Martin' s term
on the Code Enforcement Board had expired and he
suggested since Mr. Martin had filled an unexpired term
and had only served on the board for two years, that Mr.
Martin be reappointed to serve for a three year term
ending September 30, 1996 . He indicated since Suzanne
Shaughnessy was elected to serve as a City Commissioner
it was necessary for her to resign from the Board. He
nominated Theo Mitchelson to fill the unexpired term of
Ms. Shaughnessy, said term to expire October 1, 1994.
Motion: Appoint Lou Etta Waters, Ed Martin, EDWARDS X X
and Theo Mitchelson to serve on the Code FLETCHER X
Enforcement Board, terms stated above WATERS X X
GULLIFORD X
Commissioner Fletcher thought it would be prudent to
nominate a resident from Section H to serve on the Board
to fill the expired term of Ed Martin.
The question was called and the vote resulted in 3-1 with
Commissioner Fletcher voting nay. The motion carried.
At this time Mayor Gulliford called a recess from
8: 50 p. m. until 9 :00 p. m.
6. Ordinances:
A. Ordinance #90-93-161
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE
ZONING CLASSIFICATION OF PROPERTY KNOWN AS THE SIX
RESIDENTIAL LOTS ON THE NORTH SIDE OF CORNELL LANE, ALSO
KNOWN AS R. E. NUMBERS 177476-0500, 177545-0000, 177545-
0010, 177423-0010, 177421-0000, 177535-0000, FROM RS-2
SINGLE FAMILY TO RG-3 MULTI FAMILY; AMENDING THE OFFICIAL
ZONING MAP TO REFLECT THIS CHANGE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Gulliford presented in full, in writing, ordinance
#90-93-161, said ordinance having been posted in
accordance with Charter requirements. He opened the
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floor for a public hearing and invited comments from the
audience.
William Kirkpatrick, 95 Saratoga Circle South, reminded
the Commission that a petition in opposition to the
rezoning was presented some time ago and signed by 95% of
the residents of Saratoga Circle. The Commmission
indicated they had received a copy of the petition.
It was felt by some residents that this HUD project
should be scattered throughout the beaches area, because
the proposed site already included many apartments and
high density.
Louis MacDonell, owner of two lots in the rezoning
application, said more dense zoning was needed so the
homes could be built on 50-foot wide lots. Glenn
Richards, who had an option to buy the land and build the
homes for HUD, explained the HUD plan would have reduced
the density on the combined properties by a handful of
units. He indicated the 2. 2 acre parcel was already
zoned for construction of 37 townhouses. He explained
the homes were to be part of the "scattered site" housing
that replaced the massive Blodgett Homes project near
downtown.
Mr. MacDonnell indicated Bryan Hensley of HUD could not
be in attendance and he requested the Public Hearing be
continued.
Bill Connell, Community Development Council, asked what
type of studies had been done to determine the impact of
traffic on Mayport Road. A long discussion ensued and
several residents indicated their feeling that this type
of cluster housing was unsuccessful .
Mayor Gulliford indicated he had been asked by Mr.
MacDonnell to continue the public hearing until the next
Commission meeting, and a discussion ensued pertaining to
whether or not the public hearing should be closed.
Motion: Close public hearing EDWARDS X
FLETCHER X X
Commissioner Fletcher indicated the matter had been WATERS X X
continued two or three times and he felt the Commission GULLIFORD X
had a duty to the citizens to make an effort to take
action.
Motion: Approve passage of Ordinance EDWARDS X X
#90-93-161 on final reading FLETCHER X
WATERS X X
GULLIFORD X
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George Worley, City Planner, indicated staff was opposed
to the rezoning of the property as it was felt HUD
housing would not be beneficial to the City. He
indicated if the property was rezoned there was no
guarantee HUD would proceed with its plans to build the
project, and if HUD did not build, the property would
remain rezoned leaving it open to higher density.
Don Wolfson, Community Development Board, explained the
Board was not aware of the opposition of residents to
this project when it was acted on. Had he been aware of
the opposition, he added, he would not have voted for the
project.
Bob Frohwein, Community Development Board, explained he
was not aware of opposition from the neighborhood and
thus, he also would have voted against the project.
The question was called and the vote resulted in 1-3 with
Commissioners Fletcher, Waters, and Mayor Gulliford
voting nay.
B. Ordinance #58-93-19A - First Reading
Mayor Gulliford presented in full, in writing, Ordinance
#53-93-19A.
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE
BENEFITS, DIVISION 3, RETIREMENT SYSTEM, BY ALLOWING
VOLUNTARY RETIREMENT FOR POLICE OFFICERS AND FIREFIGHTERS
AT AGE 50 YEARS WITH 20 OR MORE YEARS CREDITED SERVICE OR
AT ANY AGE WITH 25 OR MORE YEARS OF CREDITED SERVICE (SEC
2-276(b) ) , BY ELIMINATING THE SERVICE REQUIREMENT FOR
POLICE OFFICERS AND FIREFIGHTERS FOR DISABILITY IN THE
LINE OF DUTY (SEC. 2-279(a) ) , BY INCREASING THE BENEFIT
FACTOR FOR ALL EMPLOYEES (SEC. 2-281) , BY INCREASING
MEMBER CONTRIBUTIONS (SEC 2-298(a) (b) ) , AND PROVIDING AN
EFFECTIVE DATE.
Motion: Approve passage of Ordinance #58-93- EDWARDE X X
19A on its first reading and set public FLETCHR X
hearing for October 25, 1993 WATERS X X
GULLIFORD X
Kirk Wendland inquired when the ordinance would go into
effect, to which the Commission advised there would be no
retroactivity.
The question was called and the motion carried
unanimously.
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7. New Business:
A. Discussion and related action regarding the
proposal of water service to undeveloped
property in Section H
Bob Kosoy, Public Works Director, explained this related
to property on Begonia Street. He indicated Jeff Alfred
requested permission to construct only a 2" water service
instead of constructing a 6" main, as required by the
City. Mr. Kosoy added two conditions had not yet been
met by the applicant: ( 1 ) Complete design plans, sealed
by a licensed Florida professional engineer, must be
submitted showing complete construction details and
materials, ( 2 ) the water line extension would require a
HRS permit signed and sealed by a licensed Florida
professional engineer. Mr. Kosoy indicated Mr. Alfred
wished to construct a 2" water service from the northwest
corner of the intersection of West 9th and Begonia
Streets, and staff would approve this concept if the
applicant were willing to sign an agreement with the City
that this 2" water service would be a temporary
connection. The agreement shall state that if the City
decided to extend a 6" water main north on Begonia Street
from West 9th Street, the applicant would be required to
connect to this main and pay any necessary connection and
impact fees.
Mr. Alfred indicated he had submitted plans to the office
of Mr. Kosoy. Mr. Kosoy, however, indicated his office
had no record of receiving plans. It was determined Mr.
Alfred had not obtained a receipt from the office of Mr.
Kosoy that plans had been received.
It was agreed that Mr. Alfred would submit a set of
sealed plans to the office of Mr. Kosoy.
Motion: Approval to Bob Alford to construct a EDWARDS X X
2" water service instead of a 6" main from the FLETCHER X X
northwest corner of the intersection of West WATERS X
9th and Begonia Streets GULLIFORD X
The question was called and the motion carried
unanimously.
B. Discussion and related action concerning Use
by Exception filed by Pan Am Mini Storage,
Inc. to allow outside, on-site storage of
vehicles
George Worley explained Pan Am Mini Storage desired to
store operable automobiles outside of structures at their
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business on Mayport Road. The vehicles would be parked
in designated parking spaces and stored both short term
and long term. He explained the Community Development
Board heard this request and upon finding that the use
would not be incompatible with adjoining uses recommended
that the requested Use-by-Exception be granted with the
following conditions attached: the exception be granted
to Pan Am as owner, only; that no storage of inoperable
vehicles be permitted, and that on the second conviction
by the Code Enforcement Board for storage of inoperable
vehicles the Use-by-Exception would be revoked.
Mayor Gulliford opened the floor for a public hearing and
invited comments from the audience.
Terence P. Kane, representing Pan Am, explained Pan Am
had been a responsible business in the City and urged the
Commission to vote for the Use-by-Exception.
George Worley cautioned that other mini-warehouses might
also apply for Uses-by-Exception.
Since no one wished to speak further the Mayor closed the
Public Hearing.
Motion: Approve Use-by-Exception for Pan Am EDWARDS X X
Mini Storage to store operable automobiles FLETCHER X
outside of structures at their business WATERS X X
located at 2383 Mayport Road with stipulations GULLIFORD X
as stated above
The question was called and the motion carried
unanimously.
C. Discussion and related action concerning Use
by Exception filed by Bahraim Venus to operate
a used car sales business at 1420 Mayport Road
George Worley explained Bahraim Venus desired to operate
a used car sales business at 1420 Mayport Road. He
indicated the property was zoned CG and used auto sales
were permitted by exception in the CG district. He
explained the Community Development Board heard this
request and found that the proposed business would not be
incompatible with the zoning or use of neighboring
properties, and recommended approval with the clear
stipulation that no inoperable vehicles would be on site
at any time.
Mayor Gulliford opened the floor for a public hearing and
invited comments from the audience.
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Since no one wished to speak the Mayor closed the public
hearing.
Motion: Approve Use by Exception for Bahraim EDWARDS X X
Venus to operate a used car sales business at FLETCHER X
1420 Mayport Road with the clear stipulation WATERS X X
that no inoperable vehicles be permitted on GULLIFORD X
the site.
No discussion before the vote. The motion carried
unanimously.
D. Discussion and related action regarding appeal
of decision for a variance application to
front setback requirements
George Worley, City Planner, reported Safa Mansouri,
representing PBD, Inc. , and Dr. W. Fleming, owner of
property, appealed to the Community Development Board for
a Variance to the required front setback at 2209 Alicia
Lane to construct a home which would encroach the front
yard setback. The proposed construction of a three car
garage would place the front edge of the building at a
point 16 feet from the front property line. It was
explained the lot had an existing slab designed for a two
car garage which was never fully constructed. The slab
cannot accommodate the proposed three car garage without
either encroaching the front setback or substantial
modification to the slab and proposed building design.
Mr. Worley reported the Community Development Board
deliberated the matter paying particular attention to the
fact that the slab was pre-existing, that the proposed
encroachment was avoidable, though at some cost to the
buyer, and that the buyer was aware of the dimensions and
placement of the slab from the beginning of his interest.
Mr. Worley indicated both the developer and the buyer
knew the size and placement of the slab. He explained
the encroachment would place a portion of the structure
closer to the street than was permitted to the adjacent
properties, and he indicated staff recommended the denial
of the Community Development Board be upheld.
Commissioner Waters felt the case was one of hardship
because the owner had to place a slab prior to the to the
coastal construction setback line going into effect.
Safa Mansouri presented a letter from the owner, J.
Wesley Fleming, M.D. , and explained it was not possible
V V
Page 14 NAME OF
October 11, 1993 COMMAS. MSYN
for Dr. Fleming to attend the meeting. He explained the
letter indicated Dr. Fleming' s elderly parents would be
living with him and he needed more space to allow for
easy access to the elevator by wheelchair.
Don Wolfson, Community Development Board, explained he
had visited the site and did not feel there was a
hardship. He felt it would not be prudent to grant a
priviledge to one owner when the Board would not be
granting the same privilege to some one else in the area.
Bob Frohwein, Community Development Board, agreed the
existance of hardship was not clearly defined.
Mayor Gulliford suggested amending the application to
describe hardship.
EDWARDS X X
Motion: Reverse Community Development Board' s FLETCHER X
decision and approve variance to the required WATERS X X
front setback GULLIFORD X
The question was called and the vote resulted in 2-2 with
Commissioner Fletcher and Mayor Gulliford voting nay.
The motion failed.
8. City Manager Reports and/or Correspondence:
A. Police report - sppeding monitored in areas of
Atlantic Beach
Police Chief David Thompson reported police had conducted
a visual inspection of Ocean Boulevard and observed over
800 cars at all times of the day and week. The average
speed was 27 miles per hour, and there were very few
traffic accidents. Chief Thompson recommended against
any traffic controls.
B. Authorization to sign Anti-Drug Abuse grant
certificate
Chief Thompson asked for authorization to sign an Anti-
Drug Abuse grant certificate. He explained the grant was
in the amount of $17, 688 from the Department of Community
Afffairs, and that 75% would be federal monies with 25%
matching city funds. Funds would be used for drug
enforcement and initiatives dealing with drug programs in
the Community.
Motion: Authorize signed of Anti-Drug Abuse EDWARDS X
grant certificate FLETCHER X X
WATERS X X
No discussion before the vote. The motion carried GULLIFORD X
unanimously.
V V
Page 15 NAME OF
. October 11, 1993 COMMRS. MSYN
Kirk Wendland reported the city had prepared request for
proposals for selection of banking services.
Motion: Approve sending out request for EDWARDS X X
proposals for selection of banking services FLETCHER X X
WATERS X
No discussion before the vote and the motion carried GULLIFORD X
unanimously.
Kirk Wendland reported Purvis Gray had submitted a
proposal to do an audit for the City for the upcoming
year at no additional cost.
Motion: Approve hiring of Purvis Gray to do EDWARDS X
audit for upcoming fiscal year at no FLETCHER X X
additional cost WATERS X X
GULLIFORD X
Mayor Gulliford indicated it was the intent of the city
not to remain with an auditing firm for more than a three
year period. He felt it would be in the city' s best
interest to send out request for proposals for the
upcoming year audit.
The question was called and the vote resulted in 1-3 with
Commissioners Edwards and Waters and Mayor Gulliford
voting nay. The motion failed.
Commissioner Waters reported Sherette Simpkins, Suzanne
Shaughnessy, and himself would be attending a seminar by
the Florida League of Cities concerning CDBG funds.
Mayor Gulliford reported he had received a proposal to
privatize the city' s fire department and he appointed a
committee of Deputy City Manager Jim Jarboe, Fire Chief
Ron Williams and City Commissioner-elect Steve Rosenbloom
to study the proposal from Stat-Line Industries, Inc.
which promises to save taxpayers approximately $60, 000
annually in the operation of the city' s fire department.
The committee was asked to report back to the Commission
with their findings.
There being no further business the 0 4 adjourned the
meeting at 10:30 p. m.
1
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Mayor/Presiding Off
ATTEST:
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~ 800 SEMINOLE ROAD
ATLANTIC BEACH,FLORIDA 32233-5445
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FAX(904)24'x5805
October 4, 1993
MEMORANDUM
TO: Kim D. Leinbach, City Manager
FROM: Joan LaVake, Purchasing Agent
RE: PRE-QUALIFICATION OF BIDDERS
AWARDS OF CONTRACTS FOR CONSTRUCTION, RECONSTRUCTION,
REPAIRS OR OTHER WORK ON CITY FACILITIES AND EQUIPMENT
There are submitted herein, for your approval, statements of policy and
procedure to maintain a current list of responsible, pre-qualified
bidders, to be called the City of Atlantic Beach Qualified Bidders List
(QBL) for the award of contracts for construction, reconstruction,
repairs, or other work involving City facilities and equipment, when
the estimated cost therefor exceeds $100,000.00. For these types of
awards, the bidder receiving the award must come from the QBL.
To encourage maximum bidding competition, City bidding documents will
allow prospective bidders not already on the QBL to submit QBL appli-
cations to the City five (5) days prior to bid opening, allowing time for
staff to perform the evaluations, The Invitation to Bid, which is
advertised in the Florida Times-Union, and is the basis of the bidding
documents provided to potential bidders, will contain the following
statement:
"PRE-QUALIFICATION: All bidders must submit data establishing
their eligibility to submit proposals, which must be received
no later than five (5) business days prior to the bid opening
date, if not previously qualified by the City of Atlantic
Beach for the fiscal year (October 1 through September 30) .
Pre-Qualification Application available from the Purchasing
Agent, telephone (904) 247-5818, and, upon completion,
submitted to:
Purchasing Agent
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, Florida 32233"
12
\o
r
The pre-qualification package will contain an application for inclusion
on the QBL, a general listing of the types of construction, recon-
struction and repair work for which the City will maintain a QBL
(contractor must indicate type of work applied for) .
A questionnaire will accompany the application, asking for evidence
that the contractor has been in business for at least the preceding 36
months, copies of local, state or federal occupational licenses relevant
to City projects, the name of the bonding company normally or recently
used, and, in some cases, financial statements. The questionnaire will
also ask for a list of completed projects which will be used as a check
of references.
The Purchasing Agent, together with such members of staff who have
technical expertise and experience in the various categories of projects
maintained in the QBL, will evaluate and process the applications,
place successful applicants' names on the QBL, and in all cases advise
contractors in writing of approval or disapproval.
Bids received from bidders not on the QBL shall not be opened and
evaluated. These bidders will be advised of this action by the Purchasing
Agent immediately after the bid opening, and the bids returned, unopened,
to the bidders.
The fact that a company is on the QBL will not obligate the City to make
an award to that company if it submits a low bid which is unresponsive to
the bid specifications.
A contractor will be removed from the QBL (1) if he is included on the
State of Florida Convicted Vendor List (the Purchasing Agent has the
responsibility to monitor this list and compare with the QBL for possible
action) ; (2) if he, as an individual or a corporation, is convicted of
a public entity crime within the past three years, or (3) for unsatisfactory
or marginal performance as a contractor or subcontractor under a City
contract, documented by City staff.
A contractor removed from the QBL may reapply three years after removal.
The Purchasing Agent is responsible for the maintenance and implementation
of this procedure.
cc: Kirk R. .Wendland, Director of Finance