07-12-93 v CITY OF ATLANTIC BEACH
REGULAR MEETING OF THE CITY COMMISSION, JULY 12, 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 June 28, 1993
2. Proclamations:
A. Proclamation declaring Fleet Landing residents as Honorary
Firefighters
3. Recognition of Visitors:
4. Old Business:
A. Public hearing to consider the request of Thomas Dorn to waive
the provision concerning the distance of a like business being
within 1,500' of another
B. Request approval of Change Order No. 2 for sanitary sewer rehab
of Ahern and 9th Streets and Seminole Road (PW Dir. Bob Kosoy)
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. Water and Sewer Committee report
B. Final payment for Section H project
C. Approve bid #9293-22 Water main improvements for Coquina Place
and East Coast Drive
D. Approval of Bid #9293-23 housing rehabilitation
E. Usage report for Adele Grage Community Center for June
6. Ordinances:
A. First reading of Ordinance relative to hawkers
7. New Business:
A. Request approval of project acceptance of Selva Linkside Unit 2,
Phase I (PW Director Robert Kosoy)
8. City Manager Reports and/or Correspondence:
A. Report and presentation of a check towards the purchase of a
defibrillator for the Fire Department
9. Mayor to call on City Commissioners, City Attorney and City Clerk:
Adjournment
REMINDER: Meeting beginning at 6:15 p.m. in the Commission Chambers
relative to hurricanes and predictions of same.
• MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH
CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE V V
ROAD, AT 7 : 15 P . M. ON MONDAY, JULY 12 , 1993 O O
T T
PRESENT: William I . Gulliford, Jr. , Mayor E E
Glenn A. Edwards D D
Adelaide R. Tucker, and
J. Dezmond Waters, III, Commissioners
M S
AND: Kim D. Leinbach, City Manager O E
Alan C. Jensen, City Attorney T C
Maureen King, City Clerk I O Y
ABSENT: Lyman T. Fletcher (excused absence) NAME OF ONEN
The mPetina was called to order by Mayor COMMRS. N D S 0
Gulliford. The invocation, offered by
Commissioner Edwards, was followed by the pledge to
the flag.
1 . Approval of the minutes of the regular meeting
of June 28, 1993 Edwards x x
Motion: Approve minutes of the Tucker x x
regular meeting of June 28, 1993 Waters x
Gulliford x
No discussion before the vote. The motion carried
unanimously.
Bob Kosoy, Public Works Director, pointed out what
he perceived to be a discrepancy in the minutes of
June 14 , 1993 relative to a joint venture with the
City of Jacksonville to place sidewalk and roadway
widening/resurfacing of Church Road, west of
Mayport Road, at a cost of $14, 093 . 22 . Under
discussion, Mr. Kosoy felt the minutes should have
been recorded as follows: "Commissioner Waters
requested that the sidewalk continue on the South
side of Church Road from Mayport Road to the end of
the Road. Bob Kosoy explained the sidewalk would
be on the south side from George Street to Donner
Park. "
2 . Proclamations:
A. Proclamation declaring Fleet Landing residents
as Honorary Firefighters
Mayor Gulliford presented a Proclamation declaring
Fleet Landing residents as Honorary Firefighters .
He explained contributions in the amount of $4,730
were received from Fleet Landing which enabled the
city to purchase an automatic electronic
defibrillator to provide better emergency treatment
of heart attack victims . He reported five
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July 12 , 1993 v V
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additinnal ot,r.r. had been received fr.,m Fleet
Landing.
3 . Recognition of Visitors :
Bob Weiss, 253 Seminole Road, requested that the
city consider doing additional business with
Barnett Bank, especially considering recent
cooperation from Barnett Bank in connection with
the $10 , 000 , 000 loan.
Tom Doomas, 32nd Avenue South, Jacksonville Beach,
indicated he was a representative of First Union
National Bank. He indicated First Union desired to
finance additional construction at The Courtyards
of Mayport in an effort to provide affordable
housing. He suggested the City and First Union
form a public/private partnership to facilitate the
development of low to moderate income housing and
requested some type of waiver of impact fees to
accomplish this goal .
Mayor Gulliford felt the Commission lacked the
ability to make concessions because of bond
covenants . He advised Courtyards of Mayport was
not within the limits of the City. He suggested
Commuinity Development funds were available that
perhaps could be applied to impact fees . Since
this was out of the boundaries of the City he
suggested the City of Jacksonville could assist,
along with the City of Atlantic Beach. Alan
Jensen, City Attorney suggested favorable financing
might be another alternative that could be
pursued. Mr. Jensen was asked to research the
matter, make contact with the City Manager, and
report back to the Commission at the meeting of
July 26 , 1993 .
4 . Old Business:
A. Public hearing to consider the request of
Thomas Dorn to waive the provision concerning
the distance of a like business being within
1 , 500 ' of another
Mayor Gulliford presented a request to open a
retail wine shop at 645 Atlantic Boulevard. He
explained under city law the proposed business
would be too close (within 1 , 500 feet ) to another
establishment that sold alcoholic beverages . He
added the provision that prohibited the opening of
a business that sold alcoholic beverages within
1 , 500 feet had existed in the City' s Code for a
number of years .
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Mayor Gulliford opened the floor for a public
hearing and invited comments from the audience.
Ruth Gregg, 905 Sailfish Drive, explained the
purpose of the 1 , 500 ft. provision was to prevent
too many businesses that sold alcoholic beverages
from locating close to residential sections .
Elizabeth James, owner of "On the Boulevard" , urged
the commission to protect her franchise . She felt
if the request was granted the business at 645
Atlantic Boulevard would be on the doorstep of "On
the Boulevard" business.
David Cole, Neptune Beach, felt the intent of the
provision was so that businesses selling alcoholic
beverages would be located 1 , 500 ft. away from
schools or churches. With reference to the case
under discussion, he added, the proposed business
would not be located within 1 , 500 ft. of any
churches or schools .
Steve Jarrett, 1040 24th Street, Jacksonville
Beach, asked the Commission to take action on the
matter because a real estate transaction was being
held up pending outcome of the matter.
Kathleen Cole, Neptune Beach, advised the proposed
establishment would not be 1 , 500 ft . from "On the
Boulevard. " She added there would be no
consumption on the premises . The proposed business
would be strictly package sales of fine wines.
Thomas Dorn, Gainesville, advised he was the
proposed owner and he felt there was no desirable
location in Atlantic Beach which would not violate
the 1 , 500 foot rule . He added there were several
existing examples of establishments selling beer
and wine within the specified buffer zone.
Since no one wished to speak further the Mayor
closed the Public Hearing.
Edwards x
Motion: Grant waiver of provision Tucker
requiring a 1, 500-foot separation Waters x
requirement for sale of alcoholic Gulliford
beverages to Thomas Dorn to open a
retail wine shop at 645 Atlantic
Boulevard
Commissioner Waters stated the proposed business
was not a bar and there would be no on-site
consumption. He felt the business should be
licensed to sell packaged beer and wine only, so
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that no one would be able to open a bar-type COMMRS. MSYN
business at a later time .
Edwards x
Substitute Motion: Grant waiver of Tucker
provision requiring a 1 , 500-foot Waters x
separation requirement for sale of Gulliford
alcoholic beverages to Thomas Dorn tc
open a retail wine shop at 645
Atlantic Boulevard, for off-site
consumption of alcoholic beverages
only
George Worley, City Planner, advised on-site
consumption of alcoholic beverages would require a
Use by Exception.
Commissioner Waters indicated he was under the
impression an amendment to the code was being
prepared to allow for an appeal of this nature .
Alan Jensen replied the amendment to the code woul.
be brought before the Commission upon the return o
Commissioner Fletcher. Alan Jensen added there wa
no provision in the existing code to waive 150 sea
requirement or 1 , 500 foot requirement .
Mayor Gulliford felt it was not up to the city to
regulate types of businesses that desired to come
to the city. He questioned whether it was a
function of government to set some distance betwee
one business and another. He felt the ordinance
should be changed rather than set a precedent for
bypassing the law. He added such an amendment
would be ready by the July 26 , 1993 meeting.
Edwards x x
Motion: Defer action until meeting Tucker x x
of July 26 , 1993 Waters x
Gulliford x
Steve Jarrett desired the Commission to take action
on the matter. He indicated presently there were
establishments that were operating less than 1 , 500
feet from each other, and he asked for equal
consideration for the proposed business . He
indicated he was under the impression that the
Commission was going to act on this request at this
meeting, and he was afraid the matter would be
postponed again and again.
It was explained an amendment to the code would be
on the July 26 , 1993 agenda for first reading, but
that action on the request to waive the 1 , 500 ft .
restriction would be taken at the meeting on July
26 , 1993 .
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The question was called on the motion to defer
action until the July 26, 1993 meeting. The motion
carried by a 3-1 vote, with Commissioner Waters
voting nay.
B. Request approval of Change Order No. 2 for
Sanitary sewer rehab of Ahern and 9th Streets
and Seminole Road
Bob Kosoy presented change order No. 2 for Sanitary
sewer rehabilitation of Ahern and 9th Streets and
Seminole Road. He indicated the design drawing had
been completed by J. Lucas and Associates, Inc. ,
Engineers for the Extension of the Sanitary Sewer
Line on 18th Street from Seminole Road to Ocean
Grove Drive . In addition, he added the City had an
approved permit from Bio-Environmental Services for
this sewer line extension. The Contractor had
submitted a change order of $27 ,336 . 76 to complete
this work. He reported since this work was not
part of the Capital Improvement Plan and was an
addition to the Beach Avenue project, monies would
have to be obtained from assessing the property
owners for this sewer main.
A discussion ensued and it was determined two
property owners who would be assessed in connection
with this project had not been notified by City
staff .
Commissioner Waters felt the existing sewer line on
Ocean Grove should be extended to the end of that
street, and thus avoid excessive cost to the
homeowners on 18th Street. Bob Kosoy explained
plans for such an extension had been included in a
plan to install sewer lines down Beach Avenue, but
when residents voted against the Beach Avenue
project, the Ocean Grove plans were also
abandoned.
Bob Kosoy was instructed to contact the homeowners
who would be impacted for the cost of the project
and report back to the Commission at the meeting of
July 26 , 1993 , at which time the change order will
be brought back for consideration.
Mr . Kosoy indicated he would also prepare costs to
complete sewage of Ocean Grove Drive pursuant to
the suggestion of Commissioner Waters .
5. Consent Agenda:
A. Water and Sewer Committee Report
B. Final payment for Section H project
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July 12 , 1993 NAME OF
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C. Approve bid #9293-22 Water main improvements
for Coquina Place and East Coast Drive
, D. Approval of Bid #9293-23 housing rehabilitation
E. Usage report for Adele Grage Community Center
for June
Commissioner Waters requested Items A and C be
withdrawn from the Consent Agenda. Edwards x x
Tucker x x
Motion: Approve passage of Consent Waters x
Agenda with the exception of items A Gulliford x
and C
No discussion before the vote . The motion carried
unanimously.
A. Water and Sewer Committee Report
Commissioner Waters referred to Item 1 . of the
Water and Sewer Committee Report #43 dated July 6 ,
1993 . He objected to the time frame of 24 months
given to residents to connect to the City sewer.
Commissioner Waters felt it was agreed in the past
that homeowners would not have to connect as long
as their septic tanks were operating properly. It
was agreed it was the city' s policy not to require
homeowners to connect to the city' s sewer lines if
septic tanks were in proper working condition.
Edwards x x
Motion: Accept Water and Sewer Tucker x
Committee Report #43 dated July 6, Waters x x
1993 Gulliford x
No discussion before the vote. The motion carried
unanimously.
C. Approve bid #9293-22 Water main improvements
for Coquina Place and East Coast Drive
Commissioner Waters was concerned regarding staff' s
recommendation to accept the second lowest bid from
AA Site & Utility Contractors in the amount of
$128, 215 . 72 for water main improvements for Coquina
Place and East Coast Drive because the bid was
$14 . 365 , 72 over budget. Commissioner Waters asked
why this was placed on the consent agenda for
action . He asked where the additional money was
coming from , to which it was explained the money
was coming from the Capital Improvement Plan
Project 2D, Atlantic Beach Water.
Mr. Kosoy explained when the Capital Improvement
Plan was developed the City tried to come up with
accurate figures. While it was understood some of
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the projects would have to be deferred if the
projects continued to be over budget, it was the
goal not to have that happen . Unfortunately some
of the projects were coming in above the city' s
estimates; therefore, some of the projects would
have to be deferred. It was explained the original
budgeted amount was $114 , 815 and the low bid was
$123 , 599 . 30 . However, staff recommended the bid be
awarded to the second lowest bidder because the low
bidder failed to provide references . It was
recommended the bid be awarded to the second lowest
bidder at $128 , 215 . 72 which was $14 , 000 over
budget , which would enable water lines to be
constructed on Third and Eighth Streets. Mr. Kosoy
indicated residents were concerned about getting
adequate water pressure, and thus this was a very
important project .
A discussion ensued relative to the reason the
lowest bid was not recommended. It was explained
it was plainly indicated what the city required in
its bid package and, if a bidder did not meet all
bid requirements staff felt they had no choice but
to recommend against the bidder. With reference
to the matter under discussion, the low bidder did
not include references in his hid package .
Edwards x
Motion: Approve Item C on the Tucker x x
Consent Agenda and award contract as Waters x x
recommended by Staff Gulliford x
The question was called and the motion resulted in
a vote of 2-2 . The motion failed.
A discussion ensued concerning whether the lowest
bidder was capable and should be considered even
though he did not include references in his bid
package . It was explained staff was not authorized
to vary specifications; however, the Commission had
the authority to waive what it considered to be
technicalities . The Mayor cautioned not
recommending the lowest bidder when taxpayers '
money was being spent . Mr. Kosoy explained the bid
requirements spelled out exactly what the
contractors were required to include in their bid
package, and he was not familiar with the low
bidder who submitted no references . Alan Potter
felt requirements were in place and should be
respected.
It was decided that this matter would be considered
at the next Commission meeting.
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Motion: Defer Item C on the Consent Edwards x
Agenda until the next meeting of July Tucker x_ x
26, 1993 Waters x x
Gulliford x
No discussion before the vote . The motion carried
unanimously.
Reference was made to Item B of the Consent Agenda,
Final payment request, Section H. Bob Kosoy
advised the commission that staff had contacted the
consulting engineer on July 12 , 1993 and it was Mr.
Kosov' s assumption that the consulting engineer had
already received from Barco a release of liens, a
release from surety, and a release from the
contractor, but the consulting engineer could not
affirm that a release of liens had been received
from Barco. Mr. Kosoy advised the last time any
work was done was about a year and one-half ago,
and it was determined Barco was well outside lien
rights .
Commissioner Waters asked who was responsible for
the wall that collapsed at the retention pond in
Section H. Mr. Kosoy replied this was constructed
properly by the contractor, but the design was
incorrect . Mr . Kosoy was asked to discuss the
problem of the inaction that had been evidenced by
the design engineers relative to this matter with
the City Attorney.
6 . Ordinances :
A. Ordinance #70-93-11
Mayor Gulliford presented in full, in writing,
Ordinance #70-93-11 .
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 20 , TAXATION, ARTICLE
III , OCCUPATIONAL LICENSE TAX, SEC. 20-51
DEFINITIONS , TO PROHIBIT "HAWKERS" WITHIN THE CITY
OR ON THE CITY BEACH, AND PROVIDING AN EFFECTIVE
DATE .
Motion: Approve passage of Ordinance EdwardsTx cker x x
#70-93-11 on its first reading and Waters
set public hearing for July 26, 1993 Gulliford x
No discussion before the vote . The motion carried
unanimously.
7 . New Business:
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A. Request approval of project acceptance of
Selva Linkside Unit 2 , Phase I
Brh Kosoy reported Phase I was the area that was
paved from Sandpiper Lane to the end of the paved
area, and Phase II was the portion that was not yet
paved. He reported all documentation had been
received from C & J Utilities, the contractor for
Centex Homes, it was the recommendation of staff
that Phase I of the project be accepted.
Edwards x x
Motion: Approve Acceptance of Selva Tucker x x
Linkside Unit 2 , Phase I haters x
Guilford x
Commissioner Edwards asked if the drainage had been
property corrected, to which Mr. Kosoy replied he
had not received any complaints regarding
drainage . Commissioner Waters referred to an
access that goes through the city yard and he asked
if the access was constructed of concrete . Mr.
Kosoy explained the access was concrete and covered
with crass , He added it was not accessible to the
public, but only from the Public Works yard and
that it was an easement between two homes .
Mr . Kosoy explained Unit 2 , Phase I was the area
that was paved and that the Commission was
accepting the streets, the storm drainage, water,
sewer and all work involved in Phase I .
The question was called and the vote resulted in
all ayes . The motion carried unanimously.
8 . City Manager Reports and/or Correspondence:
Kim Leinbach, City Manager, introduced Fire Chief
Ron Williams . Chief Williams reported he received
a check from Sevilla Condominium Association for
$1 . 325 toward the purchase of a defibrillator whict.
brought the total collected to $8 , 500 . 00 . He
reported staff was seeking bids to buy its first
machine .
Kim Leinbach reported the EPA had put the City on
an inactive status regarding a pH monitoring
infraction. Bob Kosoy explained the city' s pH
meters were struck by lightening, and the City
Manager and City Attorney visited Atlanta to
explain the City' s position to EPA. Correspondence
had recently been received from EPA advising they
wished to fine the City $20, 000 for this
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infraction, and Mr . Kosoy reported staff intended
to fight this fine.
Kirk Wendland, Finance Director, advised it would
be necessary to set a tentative millage rate by the
end of July. He advised it would be necessary to
to call a special meeting next week to submit the
General Fund Budget and to set the millage rate to
comply with TRIM.
Kim Leinbach asked the Commission to accept the
proposal of Pitman, Hartenstein & Associates, Inc .
in the total amount of $11 , 194 . 00 for engineering
services in connection with Contract Authorization
No. 4, Short Term Residual Management
Study/Program . He explained Pitman, Hartenstein &
Associates proposed to develop, examine, evaluate
and implement immediate short term alternative
methods of sludge treatment in order to comply with
the residual management and quality requirements .
Edwards x
Motion: Approve Contract Tucker x x
Authorization No. 4, Pitman, Waters x x
Hartenstein & Associates, Inc. , Short Gulliford x
Term Residual Management
Study/Program in the amount of
$11 , 194 . 00
No discussion before the vote . The motion carried
unanimously.
Commissioner Edwards reported he had met with Mr.
Moore relative to sponsoring a National Pearl
Harbor Day of Remembrance on December 7th. Efforts
were being made to invite Representative Tillie
Fowler to sponsor the bill . Mayor Gulliford asked
that a resolution be prepared requesting the
participation of Tillie Fowler .
Commissioner Waters reported YMCA had provided a
schedule of expenses and services provided to the
City. Rose Blanchard was asked to check report
concerning the number of
Atlantic Beach children that participated in YMCA
activities .
Mayor Gulliford asked Alan Jensen to draft a letter
to the Supervisor of Elections opposing their
suggestion that the beaches purchase ballot
% counting equipment. He felt this was a county
responsibility.
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Mayor Gulliford announced with regret that Ray
Salman had resigned from the Water and Sewer
Committee .
Ray Salman advised the Charter Revision Committee
would be meeting with Municipal Code
Representatives Tuesday, July 13 , 1993 , at 7 : 00 pm.
in the Commission Chambers, and he indicated the
public was invited.
Mayor Gulliford indicated he had received a letter
from Mr. Wilkins regarding handicapped parking at
19th Street beach access . He indicated he was
unable to park in the handicapped parking space
because the space was being utilized by those who
had out-of-date parking permits . Police Chief
David Thompson was asked to look into the matter
and report at the meeting of July 26 , 1993 .
Mayor. Gulliford complained the Atlantic Beach
median was in poor condition, and the City Manager
advised this matter was being handled.
Mayor Gulliford felt there was a need for more cars
for the Police Department, and the City Manager
advised the Police Chief was requesting three
additional cars for next year .
There being no further business yor adjourned
the meeting at 9 :30 p. 1 .
‘gi 4At
Mayor I . Gulliford,
,
Mayor/Presiding Offi
ATTES T:
Mau een Ki
ng 4 (/
city. Clerk