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02-25-91 v CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, FEBRUARY 25, 1991 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of February 11, 1991. 2. Recognition of Visitors: 3. Old Business: A. BHR Engineers to clarify change order #25 relative to 5 DOT turnouts (BHR representative) B. Discussion and related action relative to DeWees crossover (Capt. and Mrs. Anderson) C. Discussion and related action relative to bike paths/sidewalks along Seminole Road D. Discussion and related action relative to paving Beach Ave north of 20th Street (City Attorney Alan Jensen) 4. Consent Agenda: A. Steven Cristaldi requests permission to hold a TPC block party March 29, 1991 on Snapping Turtle Court B. Aspiring Eagle Scout seeks permission to undertake project for P&R (Rose Blanchard, P&R Director) C. Permission for Knights of Columbus to solicit donations for the handcapped March 1, 1991 (March 8 due to inclement weather) at Atlantic Blvd. , Royal Palm and Penman Road intersection 5. New Business: A. Change orders for Section H (Billy Howell, Project Manager) B. Change order #2 for new city hall - inclement weather (Tom McNett, Clement, Rumpel, Goodwin, rep.) C. Request approval of Community Development Land Development modifications (George Worley, Community Devlopment Director) D. Modifications to Beach Avenue contract (Gee & Jenson) E. Appeal of a variance denial for Kirk Hanson (George Worley, Community Development Director) F. Request Use by Exception filed by Dewey Miller for use of outdoor storage for autos (George Worley, Community Development Director) 6. City Manager reports and/or correspondence: A. Oceanwalk residents request report re: fence (Police Chief David Thompson) 7. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Request names of nominees for the Code Enforcement Board seats B. Report relative to MSN study (Commissioner Weldon) C. City Hall Committee report (Commissioner Weldon) Adjournment 1 1 � MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- MISSION HELD IN CITY HALL AT 7:15 PM ON MONDAY, FEBRUARY 25, 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 0 E Alan C. Jensen, City Attorney T C Maureen King, City Clerk I 0 Y NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of February 11, 1991 Cook x Motion: Approve minutes of the regular meeting of February Edwards x x 11, 1991 Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x 2. Recognition of Visitors: Dezmond Waters, 1835 Seminole Road, inquired into the status of the covenants restricting development of four lots in Ocean Grove to single-family residences. The City Attorney reported these covenants had been prepared but had not yet been signed. John Baillie, 1923 Beach Avenue, complained about the condition of Beach Avenue. He said there were large holes in the roadway and it was generally in poor condition. The Mayor reported that a water and sewer project was proposed for this area and no major improvements would be undertaken until this project was completed. The City Manager was directed to look into this to see if any improvements could be made in the meantime. 3. Old Business: A. BHR Engineers to clarify Section H change Order No. 25 relative to five DOT turnouts Preston Doud from Bessent, Hammack & Ruckman Engineers explained that after DOT had made the field inspection prior to construction they had asked that the additional items to be added, hence the change order. Mayor Gulliford asked whether further change orders could be expected and whether Mr. Howell knew how much of the budgeted monies remained to cover these change orders. Mr. Howell said he was hopeful that about $20,000 - $25,000 would be leftover from the project. • • PAGE TWO V V MINUTES NAME OF FEBRUARY 25. 1991 COMMRS. MSYN Agenda Item 5A was taken out of sequence and acted on at this time. 5A. Change Orders for Section H William Layton from Bessent, Hammack & Ruckman explained the following change orders which had been presented for consideration: Change Order #24 - Miscellaneous drainage conflicts including work to save the effluent outfall originally scheduled to be abandoned; Change Order #34 - A credit for deleted pavement and swales on Jasmine Street south of West Plaza; Change Order #38 - Revised drainage work on Eighth Street between Mayport Road and Orchid Street; Change Order #42 - Revision to the commercial district drainage on Seventh Street west of Mayport Road; Change Order #33 - Curb construction on Ninth & Stock Street and Ninth and Camelia Streets where swales were deleted; Change Order #35 - Minor drainage revision on Third Street at the mini storage site. It was pointed out Change Order #24 could be funded from restricted utility funds if necessary. Cook x x Edwards x x Motion: Approve Change Orders as presented Tucker x Weldon x No further discussion. The motion carried unanimously. Gulliford x 3B. Discussion and related action relative to Dewees beach dune crossovers Gerard Vermey, who had been retained by Capt. and Mrs. Anderson, presented his design for the overwalk modifications. This plan would lower and shorten the overwalk by about fifty feet. He felt it would meet the DNR criteria, including the height over the dunes. He felt the new design would be more convenient for those using the walkway. Mark Arnold, the attorney acting on behalf of the city in this matter, asked whether the proposal to reduce the length of the structure had been communicated to Mr. Brantley of the DNR and Mr. Vermey indicated he had been in touch with Mr. Brantley. Mr. Arnold reported the matter was set for trial on March 20, with pre-trial on March 1. In this connection, he would need to take the Andersons' depositions this week. Subject to DNR approval of the new design, and with no objection from the Andersons, he felt it may be advisable to continue the trial until a later date. • • PAGE THREE MINUTES V V FEBRUARY 25, 1991 NAME OF COMMAS. MSYN Commissioner Weldon inquired into the cost of the modifications and Don Ford reminded the Commission that the DNR had indicated the city would have to return grant funds proportionate to the percentage of the structure to be removed. Mike Lanier, 1768 Park Terrace West inquired whether the hand rails were required by DNR and it was explained local building codes must be observed. Motion: Approve the concept of the modifications as recommended under the following conditions: Cook x x 1. Approval by DNR; Edwards x 2. Subject to the agreement of the Andersons to Tucker x continue the litigation; Weldon x x 3. Agreement be reached regarding the cost; Gulliford x 4. Resolution of the question of the possible refunding of a portion of the grant funds. Mr. Arnold pointed out a survey had not been undertaken to establish the erosion control line. He explained that the permit had been granted for construction fifty feet from that point. Capt. Anderson indicated that Durden Surveyors had completed such a survey for them. The question was called and the motion carried unanimously. Mayor Gulliford thanked Mr. Vermey for his contributions to Parks & Recreation, particularly regarding the plans for Donner Park. C. Discussion and related action relative to bike paths/sidewalks along Seminole Road Mayor Gulliford reported after discussion relative to sidewalks and bike paths at the meeting of the committee of the whole on February 20, 1991, the recommendation had been to instruct the City Manager to initiate the design and secure bids for the construction of a 4-ft. sidewalk on Seminole Road from Hanna Park to Fifteenth Street. Cook x x Edwards x x Motion: Accept the recommendation of the committee of the Tucker x whole relative to the construction of sidewalks on Weldon x Seminole Road Gulliford x No discussion before the vote. The motion carried unanimously. D. Discussion and related action relative to paving Beach Avenue north of Twentieth Street City Attorney Jensen confirmed that the City Commissioners had received a copy of a letter from Attorney Baron L. Bartlett proposing that the property owners dedicate 25-foot easement right-of-ways on Beach Avenue of which 12 1/2 feet would be paved. • PAGE FOUR V V MINUTES NAME OF FEBRUARY 25, 1991 COMMRS. MSYN Copy of Mr. Bartlett's letter is attached hereto and made a part hereof. Mr. Jensen pointed out it would be necessary to do a title search and have the area surveyed. Cook x x Motion: Proceed in accordance with the terms set forth in Edwards x letter dated February 19, 1991, from Baron L. Tucker x Bartlett, subject to review of the requested signage Weldon x x by the Police Chief Gulliford x In discussion before the vote, Commissioner Cook requested the word "back" be removed from the eighth line of the second paragraph on the second page of the letter. With no further discussion, the question was called and the motion carried unanimously. 4. Consent Agenda: A. Steven Cristaldi requests permission to hold a TPC block party on March 29, 1991 on Snapping Turtle Court B. Aspiring Eagle Scout seeks permission to undertake project for Parks and Recreation C. Permission for Knights of Columbus to solicit donations for the handicapped on March 1, 1991 (March 8 if inclement weather) at intersection of Atlantic Boulevard, Royal Palms Drive, and Penman Road Cook x Edwards x Motion: Approve passage of Consent Agenda Tucker x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x 5. New Business: A. Change orders for Section H. This item was acted upon earlier in the evening. B. Change Order 12 for new City Hall Wallace Avery requested approval of Change Order No. 2 to add additional days to the contract due to inclement weather. The adjusted date for substantial completion would be March 12, 1991. Cook x Edwards x Motion: Approve Change Order No. 2 to contract for Tucker t x construction of the new City Hall Weldon Gulliford x No discussion before the vote. The motion carried on a 4 - 1 vote with Commissioner Weldon voting nay. PAGE FIVE MINUTES V V FEBRUARY 25, 1991 NAME OF COMMRS. MS Y N C. Request approval of amendment to the contract with the Development of Community Affairs relative to preparation of Land Development Regulations Community Development Director George Worley indicated the amendment was simply a clarification of language in the contract. Cook a Motion: Approve modification to contract with the Department Edwards x a of Community Affairs for assistance in the writing Tucker x x of Land Development Regulations Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. D. Modifications to Beach Avenue contract Public Services Director, Bob Kosoy, requested that action on this matter be deferred until the next meeting since all pertinent information was not yet available. E. Appeal of a variance denial for Kirk Hansen George Worley reported that after a thorough discussion of the matter, the Community Development Board had denied the request by the Hansens for a variance to the height regulations to allow the construction of a house 58 feet high. The Hansen were appealing that decision to the City Commission. Mr. & Mrs. Hansen, 1901 North First Street, Jacksonville Beach, explained at some length their plans for the property. They felt that even at 58 feet high the house would be in harmony with the other houses in the area. Mr. Hansen presented drawings to the City Commission and explained that the plans had been amended since being presented to the community Development Board and that the request was now for a four foot variance to the height regulations. It was the opinion of the City Attorney that the City Commission could only consider an appeal of the original request which had been acted upon by the Community Development Board. After further discussion it was the general consensus the amendment should be referred to the Community Development Board for action. Cook x Motion: Defer ruling on the appeal and request that the Edwards x x Community Development Board reconsider the Tucker x application with any modifications proposed thereto Weldon x a Gulliford x In discussion before the vote, the Mayor pointed out that in the event the Community Development Board did not wish to consider the matter further, the Hansens still retained the right to appeal the denial of their original request for variance to the City Commission. The question was called and the motion carried unanimously. • PAGE SIX MINUTES V V FEBRUARY 25, 1991 NAME OF COMMRS. MSYN F. Request for Use by Exception filed by Dewey Miller for use of outdoor storage of automobiles at 157-D Levy Road George Worley explained that Mr. Miller owned an automotive repair business and on occasion he has vehicles abandoned on his property when customers cannot pay the cost of repairs. He sought an exception to allow him to legally store these automobiles outside on a fenced area of the property. The Community Development Board had considered the application and had recommended granting the exception for a period of 120 days or until June 30, 1991. After brief discussion, the matter was set for public hearing on March 11, 1991. Mayor Gulliford inquired about another lot in the same vicinity on which automobiles were apparently being stored. Mr. Worley said he thought a use by exception had been granted for this storage and the Mayor asked that he check into this matter. 6. City Manager reports and/or correspondence: A. Oceanwalk residents request report regarding fence at the northwest boundary of Oceanwalk subdivision Chief Thompson reported he and Bob Kosoy had visited the site of the fence. He said from Inland Way a trail ran through the woods to pipes across a creek to the Mayport Road area. The Oceanwalk residents had requested that the city strengthen the fence around the pipes to prevent pedestrian traffic from using this shortcut. Chief Thompson said officers stationed at the location of the pipes had taken names of individuals using the trail and it was apparent that most of the people using the trail were residents of Oceanwalk and the north Atlantic Beach area, primarily as a shortcut to Mayport Junior High School. He said the students had indicated to the police officers that they would continue to use that trail even if the city modified the fence. It was his recommendation the fence be removed. Signage could be posted to prohibit trespassing but it was his opinion the trail would continue to be used by the residents for non-criminal purposes. Mayor Gulliford asked Bob Kosoy for his opinion and he said he agreed with the recommendation made by Chief Thompson. Mike Borno, President of Oceanwalk Homeowners Association, cited incidents which had taken place and felt the city should further strengthen the fence. Cook x Edwards x Motion: Accept the recommendation of the Police Chief and Tucker x x remove the fence Weldon x x Gulliford x In discussion before the vote. The Mayor suggested that if the fence is removed the city consider construction a walkway with • PAGE SEVEN V V MINUTES FEBRUARY 25, 1991 NAME OF COMMRS. MSYN railings across the pipes. The question was called and the motion carried unanimously. The City Manager reported he had contacted the owner of Lot 95, Saltair relative to purchase of same. He indicated the owner was asking $30,000 for the property and he would present a written report on the matter at the next meeting. The City Manager also reported that he and Mr. Kosoy had attended the recent EPA Stormwater NPDES permit workshop. He said due to the close proximity of the City of Atlantic Beach to Jacksonville, the city would be obliged to co-permit stormwater management with Jacksonville which would mean the first part of the application would have to be submitted by May 1992, and the second part was due in May 1993. He said he would provide a written report at the next meeting. Mayor Gulliford inquired into the status of the Section H Assessment roll. The City Attorney reported copies of meetings in 1987 and 1988 seemed to indicate that all the necessary meetings had been held. Resolution No. 88-11 had been tabled. He felt passage of this resolution with some minor changes was all that would be necessary. Cook x x Edwards x Motion: Bring Resolution No. 88-11 back to the City Tucker x Commission for action at the next meeting Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. Mayor Gulliford inquired into any options available to the city in the purchase of the Oak Harbor utility and City Attorney Jensen responded that he would recommend at the next meeting the name of an attorney to represent the city in this matter. 7. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Request names of nominees to fill vacancies on the Code Enforcement Board The Mayor offered for appointment to the Code Enforcement Board the name of Dr. John Venn. Cook x Motion: Approve appointment of Dr. John Venn to the Code Edwards x x Enforcement Board to fill the unexpired term of Tucker x William Dorsey Weldon x x Gulliford x After brief discussion relative to qualifications for appointment to the board, the question was called and the motion carried unanimously. PAGE EIGHT MINUTES V V FEBRUARY 25, 1991 NAME OF COMMRS. M S Y N Commissioner Weldon reported in accordance with the directions of the City Commission he and Attorney J. Steel had met before Judge Schlesinger in connection with the Hanover Insurance case. He said a settlement of $65,000 had been negotiated and it was his recommendation the City Commission accept this settlement. Cook x Edwards x x Motion: Accept settlement of $65,000 in City of Atlantic Tucker x Beach vs. Hanover Insurance Company Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Report relative to MSN study Commissioner Weldon reported on behalf of the committee appointed by the City Commission to review the MSN compensation and classification study and said their recommendations were for those employees who were not engaged in collective bargaining. The committee recommended that the plan be adopted to become effective immediately. He provided an implementation analysis which indicated the cost to implement the plan would be $7,900, plus $600 FICA this fiscal year. This was based on converting the positions to the new compensation scale for the remainder of FY 90/91. Commissioner Weldon recommended that the City Clerk's assistant (Now classified as Records Management Clerk) should be classified at a level at least equivalent to Secretary. He requested this be considered along with any other changes at a subsequent date. Chief Thompson explained employees are currently eligible for a merit pay increase on their anniversary date with the city. The committee recommended that on anniversary dates this fiscal year employees would receive their step increase and would then be transferred to the MSN scale at the appropriate level. Chief Thompson said the committee recommended the plan be made effective October 1, 1990 and those employees who had already had anniversary dates would be placed on the new pay scale now. Commissioner Tucker commented that some of the current salary figures listed did not appear to agree with those amounts budgeted and Chief Thompson explained the figures listed were based on calculations of different rates before and after the anniversary date. The City Manager said it was the practice of the city to hire certified police officers and fire fighters and in his opinion, the plan should reflect that this is required. Other organizational changes were recommended and he suggested these be discussed during the budget workshops. Cook x x Motion: Accept the recommendation of the committee to adopt Edwards x the MSN pay and classification plan, subject to Tucker x confirmation of the salary figures by the Finance Weldon x x Director Gulliford x PAGE NINE MINUTES V V FEBRUARY 25, 1991 NAME OF COMMAS. MSYN No discussion before the vote. The motion carried unanimously. C. City Hall Committee report Commissioner Weldon reported th .t George Bull had agreed to work with the City Hall Study Committee and he was currently working to show how the architectural character and integrity of the building could be maintained. He said the committee would be reporting further on this at a later date. Commissioner Weldon said he had hoped the Utilities Committee could make a report this evening but since no representative of the engineering firm was in attendance he asked that this matter be included as an agenda item at the next meeting and in the meantime, suggested that the city not incur any additional obligations in this connection. Commissioner Weldon also expressed concerns relative the type of invoices being submitted by Gee & Jenson. He said it was difficult to determine how the charges were calculated and he suggested that the engineers be requested to provide itemized invoices in the future. Motion: Direct the City Manager to write to Gee & Jenson and Cook x request itemized documentation by month, of all Edwards x existing outstanding invoices for which payment has Tucker x x been requested Weldon x x Gulliford x Alan Potter, member of the Utilities Committee, pointed out that the agreement with Gee & Jenson dated April 10, 1988, required this documentation and Mr. Kosoy indicated he was holding several invoices pending receipt of this documentation. Commissioner Weldon requested item be placed on the agenda for the next meeting for discussion of questions relating to modifications or termination of the existing contract and its provisions with Gee & Jenson. Alan Potter pointed out the contract designated the City Manager as the official agent for Atlantic Beach in dealings with the engineers. He recommended that this designation be changed to the City Manager or his designee. Don Wolfson, 1725 Beach Avenue, reported that a task force had been formed and had met to attempt to save the St. Johns River ferry which had been scheduled to close on June 1 , 1991. He said the consensus of this group had been that there was a possibility that the ferry could be saved but in order to do this much community support would be necessary. A festival had been scheduled for March 16 on both sides of the river. He asked that the city adopt a resolution supporting the continuance of the ferry service. The City Commission concurred with this request and requested the City Clerk to draft the resolution. • PAGE TEN MINUTES V V FEBRUARY 25, 1991 NAME OF COMMRS. MSYN Dorothy Kerber, 365 First Street, inquired into plans for sidewalks on East Coast Drive between Tenth and Twelfth Streets. Commissioner Cook said this project had been started some years ago by the former City Manager. City Manager Leinbach was instructed to look into this and report back to the City Commission. Mayor Gulliford inquired into the status of the proposed project to plant palm trees in the median on Atlantic Boulevard. Carl Walker, Beautification Coordinator, reported the agreement had been sent to D.O.T. for approval and execution. He expected the project would be under way by March 15, 1991. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 9:50 PM. AlLI al William I. Gulli or— f% Oft ATTES T: Maureen King, City Clerk • BARON L. BARTLETT. P. A. ATTORNEY AND COUNSELOR AT LAW 615 HIGHWAY MA, SUITE 101 810 3a. STREET, SUITE A PONTE VEDRA BEACH, FLORIDA 32082 NEPTUNE BEACH, FLORIDA 32233 (904)285-5299 REPLY TO: (904)241-5261 FAX 285-1640 FAX 285-1640 Ponte Vedra Beach February 19 , 1991 VIA HAND DELIVERY Alan C. Jensen , Esquire Jensen & Hould , Attorneys at Law P .O. Box 50457 Jacksonville Beach, FL 32240-0457 RE: Easement right-of-way Beach Avenue north of 20th St. Dear Alan : I appreciate the courtesies extended to myself and my client in our meeting of January 22 , 1991 . It is my understanding that our proposal to the City of Atlantic Beach for the dedication of the 25 foot right-of-way by Deed of Beach Attitude shall be restricted and contingent upon the following : SIGNAGE: 1 . Installation of a dead end sign at the entrance of 20th Street traversing from Seminole on each side of 20th Street . 2 . At the intersection of 20th Street and Beach Avenue, a sign presently exists ( stop sign) with a directional arrow to the left. We request that the directional arrow be removed and a wrong-way/no turn indicator replace it, prohibiting a left turn . 3 . A stop sign at the eastern most portion of Beach Avenue and 20th Street on the right-of-way, with a left turn indicator only. 4 . Indicators at the entrance to the newly dedicated parcel shall state local traffic only and no through traffic , on each side of the dedicated roadway. AFFIRMATIVE COVENANT: 1 . The Deed of dedication shall contain a specific legal description of the 25 foot easement necessary to allow the insulation and maintenance of the roadway. Notwithstanding same , it is our distinct desire to pave only the eastern-most 12 1/2 feet of said utility easement and allow the property i:E'D FE3 l 9 '1991 • I Alan Jensen , Esquire February 19 , 1991 Page 2 owners to landscape to the curbing of the actual asphalt paving on both sides. Said landscaping shall be perpetually maintained by the adjoining landowners and run as a covenant with title . A proposal for that type of language is set forth below: ' . . .Reserving unto the Grantors herein the specific right, duty, and obligation to maintain , install , and complete landscaping up to the actual border of the paving of the right-of-way in such a manner to schematically blend with the adjoining landscaping and the residences presently located adjacent thereto . Notwithstanding said affirmative duty, Grantee shall be specifically required to replace , repair , or otherwise restore back to its natural state , any disturbed landscaping as a result of repair and/or repavement to said roadway. . . ' Once again , these requests , as made by my client and the adjoining residents , are conditioned upon the joinder of all parties adjacent to said dedicated roadway and we are moving forward with our plans to obtain joint approval . After we have all reached a mutually agreeable compromise , I assume this issue will be set for public hearing and I will begin my title documentation and preparation . Please give me a call if you have any questions . Sincerely, Baron L. Bartlett BLB :dkw Bar, JENSEN • t February 17, 1991 Baron L. Bartlett, P.A. Attorney And Counselor At Law 615 Highway AlA, Suite 101 Ponte Vedra Beach, Florida 32082 Re: Easement right-of-way Beach Avenue north of 20th St. Dear Baron: We, the undersigned adjoining property owners of the above captioned roadway, have read the draft letter addressed to Atlantic Beach City Attorney Alan C. Jensen, dated January 28 , 1991 and we hereby agree to the restrictions and contingencies as stated therein. 1 AL Dr. and Mrs. Steven Lee 2127 Beach Avenue Atlantic Beach, Fl 32233 )Zt Mr. and Mrs. Bertrand Russell To . • .:\.,. 2117 Beach Avenue Atlantic Beach, FL 32233 G✓C �✓ 'Z Mr. and Mrs. Sydney Jenkins ; • > f ?1 '' 2119 Beach Avenue / Atlantic Beach, FL 32233 i Mr. and Mrs. Lee Ross 4t 2126 Beach Avenue Atlantic Beach, FL 32233 Mr. and Mrs. Richard Rishel AC. 2115 Beach Avenue ( Atlantic Beach, FL 32233 Ll Mr. and Mrs. John McManus, III �/ -)ei 2120 Beach Avenue t� Atlantic Beach, FL 32233 4)4/3- )• hi( Mr. and Mrs. Dennis Berger g 2109 Beach Avenue Atlantic Beach, FL 32233