Loading...
09-27-99 vCITY OF ATLANTIC BEACH COMMISSION MEETING- September 27, 1999 AGENDA Call to order Invocation and pledge to the flag 1.Approval of the minutes of the Regular Commission Meeting of September 13, 1999. 2. Courtesy of Floor to Visitors: 3. Unfinished Business from Previous Meeting A. Action on a request of Ragtime Tavern for permission to use a portion of the sidewalk at 207 Atlantic Boulevard for café style seating (City Manager) i) Authorize the City Attorney to draft a contract for Ragtime's use of the City property; ii) Establish a user fee for the use of the property iii) Review and take action on the request for a Use-by-Exception to waive the parking requirements for 32 additional restaurant seats iv) Authorize the City Attorney to modify the existing ordinance to allow the alcohol consumption requested 4. Consent Agenda: 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 A. Acknowledge receipt of monthly reports from Building, Code Enforcement, Occupational License and Recreation Departments (City Manager) B. Approve the purchase of a concrete grinder from SASE Company, Inc., at a cost of 6,638.91, pursuant to the specifications of Bid No. 9899-31 (City Manager) C. Acknowledge receipt of Annual Stormwater Report to United States Environmental Protection Agency for Year 2 (City Manager) D. Award contract for the base bid and Additive Alternate No. 2 in the total amount of 326,273.42 for Stormwater System Improvements pursuant to the specifications of Bid No. 9899-25; Also, approve appropriation of funds from reserves in the amount of$72,600 for Additive Alternates 1 and 3, as recommended by staff(City Manager) 5.Committee Reports: 4110 Page Two AGENDA September 27, 1999 6. Action on Resolutions: A. Resolution No. 99-23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING JOHN FLETCHER FOR HIS SERVICE ON THE PENSION BOARD OF TRUSTEES (Mayor) B. Resolution No. 99-26 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999. (City Manager) C. Resolution No. 99-22 -Public hearing A RESOLUTION OF THE CITY OF ATLANTIC BEACH,FLORIDA,LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000, STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED BACK RATE; AND, PROVIDING AN EFFECTIVE DATE(City Manager) 7. Action on Ordinances: 4110 A. Ordinance No. 20-99-43: Public Hearing and Final Reading AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 (City Manager) B. Ordinance No. 95-99-71 - Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AUTHORIZING THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED BY THE CITY FOR CERTAIN REAL PROPERTY OWNED BY HABITAT FOR HUMANITY OF THE JACKSONVILLE BEACHES,INC.,A NOT FOR PROFIT FLORIDA CORPORATION, D/B/A BEACHES HABITAT, AND PROVIDING AN EFFECTIVE DATE (Mayor) 8. Miscellaneous Business: A. Appointment of a committee to review the recommendations of the Pension Board of Trustees regarding a change in retirement eligibility(Mayor) B. Appointment to Code Enforcement Board (Mayor) C. Appointment to the Stormwater Review Committee(Mayor) D. Authorize City staff and City Attorney to obtain a legal boundary survey and obtain ownership of property located on Brista de Mar Circle in Selva Norte Unit 2,through a quick-take agreement with Mr. Jack Pate(City Manager) E. Approve additional pay for the Interim City Manager,retroactive to January 12, 1999, and continuing until the new City Manager is hired (City Manager) Page Three AGENDA September 27, 1999 F. Approve proposed Change Order to extend the boardwalk leading to the canoe launch at the Tresca property by thirty(30) feet, at a cost of$3,070.00 (City Manager) G. Action on Attorney General's Opinion regarding mandatory connection to the City's sewer system (Comm. Mitchelson/City Manager) H. Declare YMCA trailer surplus and authorize disposal by city staff(City Manager) I.Discussion and related action regarding the feasibility of changing the date of city elections to coincide with other regularly scheduled elections (Mayor/Comm. Mitchelson) J.Approve Community Development Block Grant contract with the City ofJacksonville and authorize the Mayor to sign the contract document (City Manager) K. Approve employment contract with James Hanson for the position of City Manager City Manager) L. Award contracts for insurance coverage in accordance with the recommendations of Waters Risk Management (City Manager) M. Appointment to the Community Development Board to fill the unexpired term of Dezmond Waters (Mayor) N. Approve Pine Island Master Plan and authorize staff to negotiate a contract with Landers-Atkins for construction plans for bidding and building the project; also 111 authorize staff to seek grant funding to pay for planning and design work 9. City Manager Reports: 10. Reports and/or requests from City Commissioners and City Attorney Adjournment If any person decides to appeal any decision made by the City Commission with respect to any matter considered at any meeting, such person may need a record of the proceedings, and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Any person wishing to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. For your convenience, forms for this purpose are available at the entrance to the Commission Chambers. In accordance with the Americans with Disabilities Act and Section 286.26,Florida Statutes,persons with disabilities needing special accommodation to participate in this meeting should contact the City Clerk by 5:00 PM, Friday, September 24, 1999. V V 0 0 T T MINUTES OF THE REGULAR MEETING OF THE ATLANTIC E E BEACH CITY COMMISSION HELD IN CITY HALL, 800 S S SEMINOLE ROAD AT 7:15 PM ON MONDAY, SEPTEMBER 27, 1999 PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners M S AND: Maureen King, City Clerk 0 E T CAlanC. Jensen, City Attorney t O Y David Thompson, City Manager ONEN COMMISSIONERS N D S 0 The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The Invocation was offered by Mayor Shaughnessy followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held September 13, 1999 0 The Mayor asked for corrections or amendments to the minutes. There were no corrections or amendments and the minutes were unanimously approved as prepared. 2. Courtesy of the Floor to Visitors: No visitors spoke at this time. 3. Unfinished Business From Previous Meeting A. Action on a Request of Ragtime Tavern for Permission to Use a Portion of the Sidewalk at 207 Atlantic Boulevard for Café Style Seating (City Manager) i) Authorize the City Attorney to draft a contract for Ragtime's use of the city property, ii) Establish a user fee for the use of the property, iii) Review and take action on the request for a Use-by- Exception to waive the parking requirements for 32 additional restaurant seats, and iv) Authorize the City Attorney to modify the existing ordinance to allow the alcohol consumption requested 0 Mayor Shaughnessy stated that she would prefer not to act on the request M S OE TC I O Y Page 2— O N E N Minutes Pa g COMMISSIONERS N D S 0 September 27, 1999 at this time, and indicated that she would like to wait until a recommendation was received from the Community Development Board CDB) concerning a citywide ordinance addressing café style seating. City Manager Thompson recapped the changes required to implement the request, and suggested that the Commission refer this matter to the Community Development Board for their recommendation. He also noted that the request would require a Use-by-Exception which was previously denied by the CDB. City Manager Thompson suggested that the Commission direct the City Attorney to begin drafting the required legal documents and changes to the city code required by the request, if they did not want to wait for the CDB recommendation. BEAVER X Motion: Authorize the City Attorney to draft a contract for BORNO X Ragtime's use of the property. MESERVE X X MITCHELSON X X Commissioner Mitchelson stated he initially was opposed to the request SHAUGHNESSY X but since then he realized that Mr. Morton had put forth a great deal of effort to be a good neighbor to the other businesses located in the area. He noted that Rona Brinlee, the owner of The Book Mark, supported the request. Commissioner Meserve stated he had also changed his mind concerning the request. He felt that since the café style seating would be limited, it no longer posed a problem. He expressed initial concern that outside consumption of alcohol might get out of hand,but stated that Al's Pizza had a similar operation on private property which caused no problems. He felt that if the café style seating or outside consumption of alcohol became safety issues, they could be controlled by the contract. Commissioners Borno and Beaver felt that the ordinance should be applied equally to everyone and expressed concern for changing the existing ordinance to allow consumption of alcohol on public property. Mayor Shaughnessy indicated that she favored the request, but wanted to ensure that the matter was well thought out before granting the request. She felt that input from the Community Development Board was needed before making a decision. She further stated that she did not want to hurt business in the Town Center area in any way,but felt it was necessary that the city come up with a uniform policy which could be applied to everyone. 0 Bill Morton, Manager of Ragtime Tavern, stated he had no problem with M S O E T C I 0 Y ONE N 0 Minutes Page 3— COMMISSIONERS N D S 0 September 27, 1999 delaying the request since he had promised the adjacent business owners he would not initiate the café seating during the Christmas shopping season. Mr. Morton stated he now realized the request was more complex than he originally thought. Don Bottini of 2130 Mayport Road read letters he sent to the local newspapers opposing the request. Copies of the letters are attached and made part of this official record as Attachment A. Ruth Isaacs of 370 10th Street agreed with Mr. Bottini's comments, and felt that the request was an inappropriate use for public property. She expressed concern for patrons' safety and felt the area would become too crowded and develop an outdoor party-like atmosphere on public property, which she felt provided no enhancement to the area. Mrs. Isaacs also opposed covering the signature bricks with tables. City Manager Thompson briefly summarized Mr. Morton's proposed request and all the required changes to implement the request. The changes are listed in the staff report dated September 8, 1999, which is attached and made part of this official record as Attachment B. There being no further discussion, the motion failed by a one to four vote with Commissioner Meserve voting aye and Commissioners Beaver,Borno, Mitchelson, and Mayor Shaughnessy voting nay. Motion:Refer the Ragtime Tavern request for permission to use BEAVER X a portion of the sidewalk at 207 Atlantic Boulevard for café style BORNO X seating to the Community Development Board for their MESERVE X MITCHELSON X X recommendation. SHAUGHNESSY X X The motion carried by a four to one vote with Commissioner Borno voting nay. Mayor Shaughnessy opened the floor for a public hearing on the use-by- exception to waive the parking requirements for 32 additional restaurant seats. Don Bottini requested that he receive drawings of Ragtime's proposed café seating. Mayor Shaughnessy requested that City Clerk King forward any diagrams and information submitted by Mr. Morton to Mr. Bottini. Mr. Bottini expressed concern that the request would be transferred to future owners should the property be sold. Mayor Shaughnessy explained that it was possible for the Commission to grant a use-by-exception to the current M S O E T C I O Y ONE NMinutesPage4— COMMISSIONERS N D S 0 September 27, 1999 owners for their use only. Stephen Kuti of 1132 Linkside Drive inquired if the the parking spaces across the street from Ragtime would be eliminated. He expressed concern that placing the tables next to the curb would create too narrow of a space for cars to back out from those spaces. There being no further comments, the Mayor declared the public hearing closed. 4.Consent Agenda: Commissioner Mitchelson requested that Items B and D be removed from the Consent Agenda for further discussion. A. Acknowledge Receipt of Monthly Reports from Building,Code Enforcement, Occupational License and Recreation Departments (City Manager) C. Acknowledge Receipt of Annual Stormwater Report to United States Environmental Protection Agency for Year 2 (City Manager) Consent Agenda Items 4A and 4C were unanimously approved as presented. B. Approve the Purchase of a Concrete Grinder from SASE Company, Inc. at a Cost of $6,638.91, Pursuant to the Specifications of Bid No. 9899-31 (City Manager) BEAVER X X BORNO X Motion:Approve the purchase of a concrete grinder from SASE ME SERVE X Company, Inc. at a cost of$6,638.91 pursuant to the MITCHELSON X X specifications of Bid No. 9899-31. SHAUGHNESSY x Commissioner Mitchelson inquired if there was a permanent need for this type of equipment. City Manager Thompson explained that there was sufficient work to justify purchasing the equipment. He felt it was more cost effective to purchase the equipment than renting it when needed. Commissioner Beaver noteed there was only one bidder, but pointed out that the city was saving between $1,200 - $1,500 by purchasing the equipment from the manufacturer. Commissioner Beaver indicated that M S O E T C I O Y Minutes Page 5— September 27, 1999 O N E N COMMISSIONERS N D S 0 the equipment was high maintenance and suggested that there be only one operator. City Manager Thompson stated that staff intended to train an operator in the use and maintenance of equipment. There being no further discussion, the motion carried unanimously. C. Award Contract for the Base Bid and Additive Alternate No. 2 in the Total Amount of $326,273.42 for Stormwater System Improvements Pursuant to the Specifications of Bid No. 9899- 25;Also,Approve Appropriation of Funds from Reserves in the Amount of $72,600 for Additive Alternates 1 and 3, as Recommended by Staff(City Manager) Motion: Award Contract for the Base Bid and Additive BORNO X Alternate No. 2 in the total amount of $326,273.42 for MITCHELSON X Stormwater System Improvements pursuant to the specifications of Bid No. 9899-25; also, approve appropriation of funds from Reserves in the amount of$72,600 for Additive Alternates 1 and 3, as recommended by Staff(City Manager) Stephen Kuti of 1132 Linkside Drive thought the city had expended all of its reserve funds and inquired as to how much money the city had in reserves. Alan Potter of 374 Second Street expressed concern that money was being wasted on the project. He stated that the firm of Aikenhead and Odom had recently been hired to evaluate the core city and Howell Park drainage, and part of this project drained into Howell Park. Mr. Potter further stated that neither the Stormwater Review Committee (SRC) nor Aikenhead and Odom had evaluated this project, and he felt it was premature to spend funds on the project, which he believed was not in keeping with the city's consent order. Mr. Potter distributed copies of a letter from the Department of Environmental Protection (DEP) dated October 1, 1997, Paragraph 16 of the Consent Order, and the staff report from Robert Kosoy, Public Works Director, dated September 21, 1999 to the Commissioners. Copies of the information are attached and made part of this official record as Attachment C. 4110 Mr. Potter then suggested that the project be postponed until such time as M S O E T C I O Y Minutes Page 6— September 27, 1999 O N E N III COMMISSIONERS N D S 0 Aikenhead and Odom have completed their evaluation of the core city drainage project, which includes Howell Park. Commissioner Mitchelson inquired if the city would have to give up other projects if it took $71,000 from various accounts in the Streets Division Fund and Stormwater Operating Fund to complete this project. Finance Director VanLiere responded that the city ran under budget in maintenance and the money was being transferred from various maintenance accounts in the amount of$71,000.00. Commissioner Mitchelson then inquired as to what work was being done on Pine Street. City Manager Thompson responded that the existing swales would be filled in, drainage pipe installed to direct the flow of water to Howell Park, and curb and gutter installed. City Manager Thompson further stated that there was no rush on this project, and if the Commission wished to review the very extensive bid documents,the information could be presented at the next meeting with the engineers present. City Manager Thompson indicated that the firm of Aikenhead and Odom were not working with the city when the project began, and since the project was dumping water into Howell Park, he felt it should be discussed with them. Mayor Shaughnessy stated that it appeared that the work to be done on Palm Avenue and Pine Street would impact the Howell Park outfall. She felt that the firm of Aikenhead and Odom should review this project to see if it interfaced with the core city project presently under their review. Following discussion,it was the consensus of the Commissioners that input was needed from Aikenhead and Odom concerning the project. Commissioner Meserve inquired if the drainage improvement project was required to bring the city into compliance with paragraph 16 of the Consent Order. City Manager Thompson indicated that the DEP was concerned with sanitary sewer not stormwater, but both were interconnected due to intrusion. He felt the manner in which paragraph 16 was written was open to interpretation. City Manager Thompson indicated he would have an answer for the Commissioners within the next two 0 weeks. M S O E T C I O Y O NE NMinutesPage7— COMMISSIONERS N DIS 0 September 27, 1999 There was no further discussion and the motion and second were withdrawn. Motion: Defer Item 4D to the October 11, 1999 Commission BEAVER X Meeting in order to give staff and Aikenhead and Odom time BORNO X X to confer and make their recommendation concerning the MESERVE X X MITCHELSON X project. SHAUGHNESSY X There being no further discussion, the motion carried unanimously. 5.Committee Reports: There were no Committee Reports. 6. Action on Resolutions: A. Resolution No. 99-23 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, RECOGNIZING JOHN FLETCHER FOR HIS SERVICE ON THE PENSION BOARD OF TRUSTEES Mayor) Mayor Shaughnessy reported that Mr. Fletcher was unable to attend the meeting. The resolution was read in its entirety by Mayor Shaughnessy. BEAVER X Motion: Adopt Resolution No. 99-23. BORNO X MESERVE X MITCHELSON X X There was no discussion, the motion carried unanimously. SHAUGHNESSY X X B. Resolution No. 99-26 A RESOLUTION AMENDING THE OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999 (City Manager) BEAVER X BORNO X X Motion: Adopt Resolution No. 99-26.MESERVE X X MITCHELSON X Commissioner Meserve requested that City Manager Thompson briefly SHAUGHNESSY X explain the budget modifications. City Manager Thompson gave a brief overview of the budget modifications and indicated that the last item on Page 2 of the resolution could be eliminated since it was for the stormwater items discussed under Item 4D, I M S O E T C I 0 Y Minutes Page 8— September 27, 1999 O N E N III COMMISSIONERS N D S 0 which will not be included in this year's budget. Amendment to the motion: Strike the General Fund Item and BEAVER X in the amount of$72,600.00, including the paragraphs titled BORNO x MESERVE X Expenses" and "Description" from Page 2 of the budget MITCHELSON x X resolution.SHAUGHNESSY X X There being no further discussion, the amendment to the motion and the motion carried unanimously. C. Resolution No. 99-22 - Public Hearing A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA,LEVYING THE AD VALOREM PROPERTY TAX MILLAGE RATE FOR MUNICIPAL PURPOSES ON ALL TAXABLE PROPERTY WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000, STATING THE PERCENTAGE BY WHICH THE MILLAGE TO BE LEVIED EXCEEDS THE ROLLED BACK RATE; AND PROVIDING III AN EFFECTIVE DATE (City Manager) BEAVERBX Motion: Adopt Resolution 99-22. ME x X ESERVE X MITCHELSON X X Mayor Shaughnessy announced the proposed millage rate was 3.1721 for SHAUGHNES SY X fiscal year 1999/2000, and further stated that the rolled back rate for 1999/2000 was 3.0368 and the proposed millage rate was 4.455% higher than the rolled back rate. Mayor Shaughnessy then opened the public hearing and invited comments from those present. Curt Sanders of 2320 Barefoot Trace inquired as to the increase in property values in the city. Finance Director VanLiere stated that citywide, the difference between the rolled back rate and the proposed current rate would be $78,586.00 J.P. Marchioli of 414 Sherry Drive stated that the value of new construction had been omitted from the inquiry. Finance Director VanLiere responded that the differences in the budgeted revenue of the current year existing millage and using the same millage for the next year with the additions, deletions and increased valuations would generate $116,700.00. M S O E T C I 0 Y Minutes Page 9— ONE N September 27, 1999 COMMISSIONERS N D S 0 Since no one else wished to speak, the Mayor declared the public hearing closed. Mayor Shaughnessy reiterated her previous opposition to adopting a millage rate of 3.1721 and stated she would like to reduce the millage 1/4 mill. There being no further comments,the motion carried by a four to one vote with Mayor Shaughnessy voting nay. 7. Action on Ordinances: A. Ordinance No. 20-99-43: Public Hearing and Final Reading AN ORDINANCE ADOPTING THE FINAL BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR FISCAL YEAR 1999/2000 BEGINNING OCTOBER 1, 1999 AND ENDING SEPTEMBER 30, 2000 (City Manager) Mayor Shaughnessy read the ordinance by title only. BEAVER X BORNO X X Motion: Adopt Ordinance 20-99-43 on final reading. MESERVE X X MITCHELSON X Mayor Shaughnessy then opened the public hearing and invited comments SHAUGHNESSY X from those present. J.P.Marchioli of 414 Sherry Drive inquired as to when the budget would be available and was told it would be available for public purchase in approximately three weeks. City Manager Thompson stated that in the meantime, Mr. Marchioli could borrow his copy of the budget. Since no one else wished to speak, the Mayor declared the public hearing closed. Mayor Shaughnessy requested that a copy of her letter concerning a balanced budget be included as part of the minutes. The letter dated September 9, 1999 is attached and made part of this official record as Attachment D. There being no further discussion, the motion carried unanimously. B. Ordinance No. 95-99-71 - Public Hearing and Final Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA,AUTHORIZING THE EXCHANGE OF CERTAIN REAL PROPERTY OWNED BY THE CITY FOR CERTAIN REAL PROPERTY OWNED BY HABITAT FOR HUMANITY M S O E T C I 0 Y Minutes Page 10— September 27, 1999 O N E N COMMISSIONERS N D S 0 OF THE JACKSONVILLE BEACHES, INC., A NOT FOR PROFIT FLORIDA CORPORATION, D/B/A BEACHES HABITAT, AND PROVIDING AN EFFECTIVE DATE BEAVER X Mayor) BORNO X X MESERVE X X Motion: Adopt Ordinance No. 95-99-71 on final reading. MITCHELSON X SHAUGHNESSY X Mayor Shaughnessy opened the floor for a public hearing and invited comments from the audience. No one wished to speak,and the Mayor declared the public hearing closed. There was no discussion and the motion carried unanimously. 8. Miscellaneous Business: A. Appointment of a Committee to Review the Recommendations of the Pension Board of Trustees Regarding a Change in Retirement Eligibility (Mayor) Mayor Shaughnessy appointed the following citizens to the Committee to Review the Recommendations of the Pension Board of Trustees regarding a change in retirement eligibility: John Fletcher, George Foster as a non- voting member, Dezmond Waters, and Dorothy Kerber. Mr. Waters requested that the committee meetings be held after 3:00 p.m. B. Appointment to Code Enforcement Board (Mayor) Mayor Shaughnessy appointed E.T. Fernandez to a three year term on the Code Enforcement Board. There were no Commission objections to the appointment. Mayor Shaughnessy requested that a Resolution of Esteem be prepared for retiring Code Enforcement Board Member Lou Etta Waters for presentation at the next Commission Meeting. C. Appointment to the Stormwater Review Committee (Mayor) Mayor Shaughnessy indicated there would be no additional appointments to the Stormwater Review Committee. D. Authorize City Staff and City Attorney to Obtain a Legal Boundary Survey and Obtain Ownership of Property Located M S O E T C I O Y ONE NMinutesPage11— September 27, 1999 COMMISSIONERS N D S 0 on Brista de Mar Circle in Selva Norte Unit 2, Through a Quick-take Agreement with Mr. Jack Pate (City Manager) Motion: Authorize City Staff and the City Attorney to obtain a BEAVER X legal boundary survey and obtain ownership of property located BORNO X X on Bristal de Mar Circle in Selva Norte Unit 2,through a quick- ME SERVE X MITCHELSON X X take agreement with Mr. Jack Pate. SHAUGHNESSY x Mayor Shaughnessy explained that Mr. Pate was donating the property to the city to allow city vehicles to make a proper turnaround when checking or servicing the lift station located next to his property. Mr.Pate's only requirement was that the city do the survey and legal work for the quick-take agreement. There was no discussion, the motion carried unanimously. E. Approve Additional Pay for the Interim City Manager, Retroactive to January 12, 1999,and Continuing Until the New City Manager is Hired (City Manager) Motion: Approve additional pay for the Interim City Manager, BEAVER x retroactive to January 12, 1999 and continuing until the new BORNO x x City Manager is hired. MITCHEE X MITCHELSON X SHAUGHNESSY X X There was no discussion and the motion carried unanimously. Mayor Shaughnessy introduce the new City Manger, Jim Hanson, and welcomed him to the city. J.P. Marchioli inquired if the additional pay for the Interim City Manager was pay or a bonus and was told it was a bonus. F. Approve Proposed Change Order to Extend the Boardwalk Leading to the Canoe Launch at the Tresca Property by Thirty 30) Feet, at a Cost of$3,070.00 (City Manager) BEAVER X X BORNO X X Motion: Approve proposed Change Order to extend the MESERVE X boardwalk leading to the canoe launch at the Tresca Property MITCHELSON X by thirty (30) feet, at a cost of$3,070.00. SHAUGHNESSY x There was no discussion and the motion carried unanimously. G. Action on Attorney General's Opinion Regarding Mandatory M S O E T C I 0 Y Minutes Page 12— ONE N September 27, 1999 COMMISSIONERS N D S 0 Connection to the City's Sewer System(Comm.Mitchelson/City Manager) Motion: In the absence of any adverse health conditions on the MESERVE x premises,the City Commission honor past commitments of the MITCHELSON X previous Commission as found in Section 22-90 of the code. Mayor Shaughnessy indicated that she had previously requested letters be written to the Attorney General and to Dr. Goldhagen of the Public Health Department to determine if there was a health hazard associated with the use of septic tanks in the specified areas. City Manager Thompson indicated that no letter had been directed to Dr. Goldhagen, however, he had been in touch with the Health Department several times regarding this matter. Mayor Shaughnessy stated that she would like to receive a written response from Dr.Goldhagen in order to know if there was a health hazard associated with the use of septic tanks in the specified areas. Commissioner Beaver felt Section 22-90 of the code would have to be amended regarding the ninety day hookup requirement. Mayor Shaughnessy referenced Page 2,Paragraphs 4 and 5 of the Attorney General's opinion which provided that the mandatory requirement for sewer hookup could be waived if it was determined that such connection was not required in the public interest due to public health considerations. The Attorney General's Opinion (AGO) is attached and made part of this official record as Attachment E. Mayor Shaughnessy then asked City Attorney Jensen if the city code would have to be changed if the city received a letter from Dr. Goldhagen confirming that the city was not adversely affecting public health by its actions. City Attorney Jensen stated it was up to the Commission to decide whether or not to enforce the ninety day hookup requirement. He further stated that other officials have honored the commitments made by previous Commissions. City Attorney Jensen advised that the Attorney General's Opinion addressed requirements under the state statute,not those under the city code. He advised that the city code required hook up within ninety days,if sewer M S O E T C I O Y Minutes Pa13ONE N ge — COMMISSIONERS N D S 0 III September 27, 1999 is available or if the septic system fails. He recommended that the ordinance be amended to reflect the policy adopted by the Commission. Commissioner Meserve felt that a workshop was needed to discuss a plan to provide some type of financial relief to encourage and eventually require those citizens on septic systems to hook up to the sewer. He stated that he would like to allow citizens to pay the required costs and fees over a period of time. Commissioner Borno felt this item should be deferred until such time as the response from the Health Department is received. He agreed that a workshop was needed to develop a policy concerning mandatory sewer connections. A brief discussion ensued concerning who was exempt from the requirements of section 22-90. It was pointed out that everyone who had a special assessment was exempt,except those with the Beach Avenue sewer assessment. Dezmond Waters of 1835 Seminole Road explained that the sewer system was installed in Section H to prevent further installation of septic systems, and was paid for by the citizens living there at that time. It was pointed out that anyone who moved in after passage of the ordinance was required to connect to the sewer. Mr. Waters reported that the City of Neptune Beach planned to be off of septic systems just after 2005, and suggested that the city might consider some reasonable type of "sunset clause" when amending the existing ordinance. Mr.Don Bottini recommended a publication from the United States League of Cities of studies done on septic systems which indicated that septic systems become real public hazards as population density increased. He suggested that the city contact the Tax Foundation for information on the costs of converting to sewer systems. There was no further discussion and Commissioner Meserve suggested that this item be deferred until the Health Department letter was received. BEAVER X After a brief discussion, the motion and second were withdrawn. BORNO X MESERVE X X III Motion: Defer action on the item until the letter from the MITCHELSON X Department of Health is received. SHAUGHNESSY X M S O E T C I 0 Y ONE N Minutes Page 14— COMMISSIONERS N D S 0 September 27, 1999 There being no further discussion, the motion carried unanimously. H. Declare YMCA Trailer Surplus and Authorize Disposal by City Staff (City Manager) BEAVER X BORNO X X Motion: Declare the YMCA trailer surplus and authorize its MESERVE X disposal by City Staff. MITCHELSON X X SHAUGHNESSY X There was no discussion and the motion carried unanimously. I.Discussion and Related Action Regarding the Feasibility of Changing the Date of City Elections to Coincide with Other Regularly Scheduled Elections (Mayor/Comm. Mitchelson) City Clerk King explained that to change the city election date to coincide with other regularly scheduled elections,which are held every two years on even years would require an amendment to the City Charter. It was further explained that it would also be necessary to adjust the terms of office for the first year and an ordinance approving the language to be placed on the ballot 11111 would have to be passed. City Clerk King indicated that a referendum could be held on the Presidential Preference election in March 2000, and a mail-in ballot was suggested since there would be no candidates. City Clerk King stated that the city would realize a cost savings of approximately$5,000.00 for poll workers,$700-800.00 for advertising and the cost for staff to prepare and receive absentee ballots if the Supervisor of Elections handled the municipal election. City Clerk King further stated that Supervisor of Elections John Stafford would be willing to work with the city in making the transition and suggested that a workshop be held with the City Attorney and Mr. Stafford to decide exactly how the election should be set up. Commissioner Mitchelson believed more citizens would become involved in the municipal election if it coincided with the national and state elections. Mayor Shaughnessy requested that the Duval County Delegation be contacted to see if any involvement on their part was required to change the BEAVER X BORNO X municipal election dates. MESERVE X 4110 MITCHELSON X X Motion: Direct staff to pursue changing the election date in SHAUGHNESSY X X M S O E T C I O Y ONE N Minutes Page 15— COMMISSIONERS N D S 0 September 27, 1999 order to improve citizen participation. There being no further discussion, the motion carried unanimously. J. Approve Community Development Block Grant Contract with the City of Jacksonville and Authorize the Mayor to Sign the Contract Document (City Manager) BEAVER X X Motion: Approve the Community Development Block Grant BORNO X X Contract with the City of Jacksonville and authorize the Mayor MESERVE X MITCHELSON X to sign the Contract Document. SHAUGHNESSY X There was no discussion and the motion carried unanimously. K. Approve Employment Contract with James Hanson for the Position of City Manager(City Manager) BEAVER X BORNO X Motion:Approve Employment Contract with James Hanson for MESERVE X X the position of City Manager. MITCHELSON X SHAUGHNESSY X X Commissioner Mitchelson inquired as to payment for dependent health insurance as listed on Page 6 of the contract and asked if this would set a precedent. A brief discussion ensued and it was pointed out that family health insurance coverage had been included in previous city managers' contracts. Commissioner Borno praised Mr. Hanson for his work with staff at the shelter during the mandatory evacuation for hurricane Floyd. There being no further discussion, the motion carried unanimously. L. Award Contracts for Insurance Coverage in Accordance with the Recommendations of Waters Risk Management (City Manager) BEAVER X Motion: Award contracts for insurance coverage in accordance BORNO X X with the recommendations of Waters Risk Management. MESERVE X MITCHELSON X X SHAUGHNESSY X There was no discussion and the motion carried unanimously. M. Appointment to the Community Development Board to fill the Unexpired Term of Dezmond Waters (Mayor) M S O E T C I 0 Y O NE N Minutes Page 16— COMMISSIONERS N D S 0 September 27, 1999 BEAVER X X BORNO X Motion: Appoint Craig Burkhart to fill the unexpired term of MESERVE X X Dezmond Waters on the Community Development Board. MITCHELSON X SHAUGHNESSY X There was no discussion and the motion carried unanimously. Mayor Shaughnessy called a recess at 9:50 p.m.and reconvened the meeting at 10:10 p.m. N. Approve Pine Island Master Plan and Authorize Staff to Negotiate a Contract with Landers-Atkins for Construction Plans for Bidding and Building the Project;also Authorize Staff to Seek Grant Funding to Pay for Planning and Design Work Motion: Approve Pine Island (Dutton Island) Master Plan and BEAVER X X authorize staff to negotiate a contract with Landers-Atkins for BORNO X construction plans for bidding and building the project; also MESERVE X MITCHELSON X authorize staff to seek grant funding to pay for planning and SHAUGHNESSY x X design work. City Manager Thompson reported that the Landers-Atkins Master Plan for the park had been reviewed by the Recreation Advisory Board and staff. He indicated that staff made a few minor changes to the plan and approved the plan in its current form. Tom Atkins of Landers-Atkins displayed a large map of the proposed master plan and provided an overview of the proposed improvements. Mr. Atkins indicated that the land would be developed as a passive park with the preservation of natural habitat areas. He explained that the controlled burn was a requirement of the grant application and would be coordinated through the USDA Division of Forestry. Mr. Atkins also reported that a study of vegetation and wildlife was conducted by Environmental Resource Solutions, Inc, and no endangered species were found on the island. Commissioner Beaver stated he like the design for the park, and inquired as to the cost of the proposed observation deck. He also requested that the length of the canoe launches be checked to ensure that they were adequate. Commissioner Borno also favored the design for the park. He inquired concerning usage of thatch roofed structures and stated he would check into the structures built at the Navy Base by volunteers. Commissioner Borno felt the restroom should be kept simple and low maintenance. M S O E T C I O Y Minutes Page 17— N E N 110 September 27, 1999 NCOMMISSIONERSN D S 0 Commissioner Borno also inquired concerning the feasibility of constructing an amphitheater at the low spot when entering the island. Commissioner Meserve inquired concerning parking on the island. Mr. Atkins explained that there would be a turnaround for emergency vehicles, but there would be no parking on the island. He indicated that the roads on the island would be stabilized, but would not be paved . City Manager Thompson stated the Park Attendant would be provided a four wheel drive truck as a maintenance vehicle. Mayor Shaughnessy inquired where buses would park for school trips. Mr. Atkins stated that buses would drop students off at the entrance to the park where a control area for visitor orientation and restroom were located. The Mayor also inquired about an amphitheater and the amount of area set aside for camping. Discussion ensued concerning a boat dock for the south end of the island. Mr. Atkins reported that there were pilings but no dock at that location and the existing pilings would probably have to be repaired or replaced. Construction material for the restrooms was discussed and Commissioner Borno suggested using Wonder Board. It was the consensus of the Commission that the building be a permanent concrete structure as opposed to a pre-fabricated building. Relative to the recommendation made by the Recreation Advisory Board concerning a resident custodian, City Manager Thompson indicated that there was no need for a resident custodian on the island since it would be gated and locked at night. There being no further discussion, the motion carried unanimously. 9. City Manager Reports: City Manager Thompson: Indicated that a Workshop Meeting with Aikenhead and Odom needed to be scheduled as part of the contract with the company. It was the consensus of the Commission to hold the workshop on October 11, 1999 at 4:00 p.m. 40 • Indicated that the City Attorney's contract needed to be revisited. M S O E T C I 0 Y Minutes Page 18—ONE N III September 27, 1999 COMMISSIONERS N D S 0 It was the consensus of the Commission to discuss the contract on October 11, 1999 at 6:00 p.m. Commended City Staff for their work during Hurricane Floyd. 10. Reports and/or requests from City Commissioners and City Attorney City Clerk King: Reminded the Commission of October 5, 1999 Commission Meeting to canvass the ballot and certify the election results. Commissioner Mitchelson: Distributed copies of the FCC ruling which allows dish antennas to be placed on homes regardless of Homeowner Association rules. Inquired concerning FEMA reimbursement for expenses and damages related to Hurricane Floyd. City Manager Thompson stated that reimbursement depended on the level of disaster declared. Commissioner Beaver: Commended city staff for a job well done during Hurricane Floyd. Commissioner Borno: Expressed concern that citizens would not heed future hurricane warnings. Commissioner Meserve: Stated he hoped the Police Department had a plan for protecting property when the citizens evacuated. City Manager Thompson stated that protecting property was a high priority for the Police Department. He stated that in the future he hoped the media would refrain from talking about burglaries during the evacuation. M S O E T C I 0 Y Minutes Page 19—ONE N September 27, 1999 COMMISSIONERS N D S 0 A brief discussion ensued concerning the problems individual Commissioners encountered when evacuating. Mayor Shaughnessy: Thanked the City Manager and staff for their work during the hurricane. Reported that a Red Mass would be held at Immaculate Conception Church on October 14, 1999 at 5:30 p.m. Reported that the Regional Sediment Meeting would be held at the Sea Turtle Inn on October 24, 1999 at 9:00 a.m. Reported that the Association of Public Works luncheon would be held on October 21, 1999 at 11:30 a.m. There being no further comments or business to come before the Commission, the Mayor declared the meeting adjourned at 11:15 p.m. Suzanne Shaugh ' J Mayor/Presiding e • icer ATTEST: taitkg—r. Maureen King Certified Municipal I- Soft s a New cables will greatly Improve opening is more ovaluana ive Soft s cella lead to rim pinch gear-shifting and braking. round. Gripping a round grip across the ferry to Big or Little flats and a mushy ride. i Ask for Talbot Island. A mountain bike A , .advice so you get the right feel • A bike's seat angle is critical may strain the hand on long rides. For kayak paddlers, the is quite versatile for such for the first time. A e sitting for comfort. If the tip is angled hand strains when forced to grip training rides. Merely increase tire can explode while in down, ma ridere mighto get an object that is trying to roll tire pressure to 60 or 70 pounds the sun. temporary relief from a change while paddling. and you will roll very nicely Ic7 Be careful using service in pressure points, but hips are znow angled wrong and the rider A similar effect occurs with along with less chance for flats. H station air pumps. They can is pushed forward, causing a very soft bike grips. Gripping Lower the pressure for riding w quickly overinflateda beach tightly causes hand strain. This off-road and reinflate when you cruiser's tire and blow it off the new strain. is not a problem for short trips hit the road. g on a beach cruiser, but for those Steve Longenecker turns 60 rim. Conversely, some cannot Anglin the seat backward training for the MS 150, it canoreachthe120poundsofreversestheslide, shifting the today. For my 52 years, he has c pressure for high-pressure road hips and pulling the rider away become a discomfort on long been a loving brother who has bike tires. They may actually from the handlebar. Both errors rides. been there for me in times of Send your kids bac 6 '-maystrain the body as it Learn to fix your own flats if need. Riding behind him on a deflate those tires. you are going to do the MS 150. Ho One rider was interested in a attempts to balance itself. The y tough trail in Pisgah Forest on smiles, while prc z ,seat should be level with the You'll feel like a real pro and be Aug. 3, it was hard to believe he new bike until he got new tires30! birthday. decaywith a and had a tuneup on his road for most riders. Legs of help to others. was over Happy otherwise sound old ride. I lost a should be used for pedaling and Riding is supposed to be fun. You've earned one. As you read H sale while gaining a happy not for trying to rebalance a We should be choosing the this, he is rock climbing. FIR' r- customer. He said the bike felt shifted pelvis caused by a cocked stress and discomfort by the BIII Longenecker Is a free-lance writer brand-new! Tune up your old seat. speed and distance we are who lives In Neptune Beach.CLE plated poor to 930.n-., W LETTERS TO THE EDITORW H REGENCY SQUARE up The Dentist I I Ragging on sidewalk plan You know, where the "used car There are several externRagtimesatisfyal their LOCATED AT SEAT for "greed?" do to Have they department" is located fronting costs to Ashley's Boutique and appetite Shorelines reports about the to the Book Mark stores. considered adding another floor po Atlantic Boulevard. REFUSE TO VALID FOR EC DAYS FROM DATE R IMBURSE OF ' POOR owners of the Ragtime Tavern Maybe they could interest the Parking spaces in front of their to their establishment? Look at EFFUSE TO ID F CANCEL PAYMENT DA BE REIMBURSED FOE EAYN taking various legal steps to Papa Joe's building. I guess it's ]2 HOURS OF.RESPoNDINO TO THE ADVERTISEMENT FOR THEURt g PJacksonville Transportation stores would be taken more P expand the physical space of Authority in subsidizing the frequently by Ragtime not a good idea. I got it!! their establishment to the route by,paying for the shuttle customers. The same would also Move Ragtime Tavern to the narrow sidewalk outside their service as a token measure to happen to the establishments Kmart parking lot. Have Kmart doors and windows. This seems reduce DUI incidents among our around the corner and across bum them ad double with extra Thveryfoolish. The sidewalk is so young people. the street. It also may have RagtimeThere, narrow that a single flower The question that must be some impact on the Sea Turtle large columns so that they'can J` peddler would cause "pedestrian answered is how does this Inn, since they already have a double the size again by congestion" on that strip of greed," I mean "growth," beautiful oceanside dining area. building upstairs when business Preschooconcrete. impact on this tiny historic But there is still yet another warrants — and keep feeding 1 Now, the way I understand it, center? Let us call this cost, and that is the negative that greed impulse. It is this t, the Ragtime owners want to impact of overselling alcoholic idea that has promise for the tb. eliminate parking in front of impact by its real name, beverages in that very Atlantic Beach community!" economic externalities." Does Dononiri4ovJi11 their portion of the building i theplan provide benefits to physically small area. extend the cafe business outside. Atlantic Beach Part of their elaborate.scheme.____anyone else? No, so there are no Oceanfront and Atlantic is includes setting up a bus-type "external benefits" to the already becoming a"skid row"-. P.S. Shorelines by Ed el Hallea very shuttle service" to Kmart's proposal. What are the external corner of town. huge, huge,huge parking lot. "costs" of the plan? What can the owners of funny cartoons. Thank you, Ed. HELOUPS - Nonrolling EoSELF I room 302, 428 I thru PrE Juan Drives. Ponte Vedra Beach. 223-610 . extension 6220. Catholic School, 2lce'uri cZi- --vr'Iav--.._sozQrn A4,4-_ _ with -mushrooms and extraResidentsshouldprotestcheese, they tipped the deliv- ery guy-four pounds of pluton sidewalk at Ra ti•me ium in a silver suitcase. g Inthe=hysteria that has fol lowed such revelations, U.S To the editor attempting to put their selfish officials have scrambled t I strongly urge residents of interests ahead of the com-: institute .tighter :securlt i ; Atlantic_Beach and I' ept ne 1 iWunity's,.best interest. measures.'But it turns out th 1 Beaclr tor& tend'the"Sep -21`-'iY•iti"tslbt'•this 'happen. Sup PF t_'47MI2 h: public hearing at 7 p.m. in port your community by op-. cerned about aren't necessar City' Halla Chambers, 8b0 posing the proposal. • ily nuclear. Semimole Road. - The appropriate solution for Forget about Wen Ho LeThepublicneedstoprotestRagtimeRestaurant, if their The root of the security lapseffortsofcertainpublicoffi- business truly warrants ex- in the eyes of the national scialstoaccommodateRag--. pansion, is to trove to a larger curity establishment is .time Restaurant-in securing locationwithin the;same vi- Mister Winky!additional serving area by cinity. There are several vac- having a sidewalk seating .-ant restaurant buildings Spurred by the fear of a Mat.area. within a short distance that Hari scenario, a`new Depar 'Any member of the commis- are larger than the current ment of: Energy policy re;sion who supports this propo- Ragtime Restaurant.i quires our nuclear scientist { sal is against the best inter- There is a real issue of fair- to report their amorous co. ests of the community. ness to the other_merchants tacts with foreigners froThesidewalkspaceisroad ( not in the restaurant busi- any of 25 nations we have de•equate and creates a .clan- ness) which is not being prop- ignated- as "sensitive," b.'1gerousovercrowdingsitua-cause they don't meet o 11tioninaddition" nega- erly addressed. Passage of thetoother tive social aspects for that tiny Ragtime proposal would deft- standards of democracy, h historic corner of town. nitely tip the scales toward a man rights and Starbuck I skid row" atmosphere and concentration. All of this is said irrespec- P tive of the various schemes destroy the very"special pur- (The list of "sensitive" n. that the Ragtime owners have pose of having a historic vii. tions includes China, Russi. t proposed (the K Mart parking lage-like environment. Israel, India, and Pakista.!III lot shuttle bus idea,•etc.) Don Bottini But not Canada, so if you ca The owners of Ragtime are Atlantic Beach get Shania Twain in the sac go for it!) Thank God, .though, tMayorVaughniswrong. American government •`fi": shown maturity, sobriety,a self-restraint by limiting thTotheeditor: since.that poor dog defecated xenophobic overreactionIrecallafewmonthsagotheinhisyardseveralyearsago. "repeated sexual contact."face of a-very scared 12-year- .This ridiculous feud has been old on the news, arrested for going on for a long time. I': In a landmark victory "f making a comment to a fel- hope suitable legal actions. every man in every' barlowstudentaboutwishingherwillbe`pursued. The mayor every American town at school would blow up, I re- has displayed a rather short a.m., the Department of En:. 3rimember, also a few=months fuse, More than once. gy's "kiss=and-tell" poli ago a teen-ager from Sandal- has specifically exempted t`Q. I -wood High School was arrest- Obviously -the citizens of • one-night stand.I) ed for similar accusations. Neptune'Beach have not been There have been many others. dealt a full- deck. GAMEIOVER! I-plan to join forcesI: In the wake of the Columbine with other Neptune Beach ciii- it.. i I I . High tragedy, these" corn Lens to" call for the immediate Q I 1 menta should be taken Kathleen Feindt Bail: resignation of Mayor -. seriously. In so doing another News and Editorial tragedy could possibly be Vaughn. Samantha Mick I Bryan Daniels avoided. However, in .mostRex edmonsori cases, these were idle threats, Unfortunately, someone usually dies before preventive Alice Gartland I - made in passing to other stud y s Jules Gilden ents. actions are taken,whether it Paige Gnann installing a much-needed ._ John Hardebeck" L : stop light or putting up a cau : Marc a Hodgson I To my amazement; I saw:on tion aign..Does someone have , Madeline Hopson. the news that Neptune Beach Wimpy Suttontoactuallydiebeforesometh- ; Liza van A sdaie .I Mayor George Vaughn actu- 9 I ally "wished he had some dy- Q> iis one.hP- th'erfoot. put the JoRoger Walkerhouse ATTACHMENT B SEPTEMBER 27, 1999 COMMISSION MEETING CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Requests from Ragtime DATE: September 8, 1999 SUBMITTED BY: David E. Thompson, City Manager BACKGROUND: This item was discussed at the August 23, 1999 City Commission Meeting, and the City Manager was directed to meet with the Mortons to discuss the matter further. On Wednesday, September 1, 1999 at 2:00 PM,the City Manager met with Tom and Bill Morton. The Mortons provided a signed agreement with Frank R. Keasler, Jr. to provide Ragtime employees with a"nonperpetual,non- exclusive and as-available access"to park at the parking lot in Neptune Beach at the corner of 1st Street and Atlantic Blvd. This certainly demonstrates an attempt on the part of the Mortons to alleviate some of the parking problem around their business. The Mortons have also met with nearby business owners to discuss times for the sidewalk cafe style business to work out solutions to concerns from their neighbors. Relative to the issue of pedestrian access, it appears that the proposed layout will allow sufficient space for pedestrians to pass through the area. However,this will have to be monitored to assure that overflow crowds do not create an impediment to pedestrians. After reviewing the proposals and discussing staff concerns, it appears that the sidewalk cafe seating that is being proposed can be added without creating major problems with other businesses or pedestrians. The utilization of the City property will require several measures including a contract with the City to use the property,the establishment of any user fees,the necessity for a Use-by- Exception for additional seating without additional parking, and the modification of the City Code to allow alcohol consumption on City property. Other concerns expressed by staff can be addressed throu the contractual agreement for use of the property. One issue that remains unresolved at this time is the sealing and/or protecting the bricks. This will require some additional research and discussion through Town Center. RECOMMENDATION: If the City Commission would like to grant the requests from Ragtime,then the following recommendations are suggested: 1. Authorize the City Attorney to draft a contract for Ragtime's use of the City Property; 2. Establish a User fee for the use of the property; 3. Review and take action on the Use-by-Exception request from the Community Development Board; and 4. Authorize the City Attorney to modify the existing ordinance to allow the alcohol consumption requested. ATTACHMENT: Community Development Board agenda and draft minutes Application for Use-by-Exception Letter and diagram from Ragtime Non-exclusive Parking Licensing Agreement City of Chattanooga Information 4/ REVIEWED BY CITY MANAGER: 6" AGENDA ITEM NUMBER: AGENDA COMMUNITY DEVELOPMENT BOARD CITY OF ATLANTIC BEACH July 20, 199.: 7:00 P.M. 1.Call to Order 2. Approval of Minutes of Meeting on June 15, 1999 3. Recognition of Visitors 4. OLD BUSINESS a. Application for Use-by-Exception filed by Assad Halleak to operate a retail tile and stone business at property owned by Bobby and Pauline Boeneke known as Part of the Castro Y. Ferrer Grant, Section 38, Township 2 south, Range 29 East and located on Atlantic Boulevard; b. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime 111 Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard; 5.DISCUSSION a. Traffic Patterns in Old Atlantic Beach. b. Continued Review of Zoning Ordinance. 6. ADJOURNMENT If any person decides to appeal any decision made by the Community Development Board - at the above meeting, he will need a record of the proceedings, and for such purpose,•may need to ensure that a verbatim record of the proceedings be made, which record shall include the testimony and evidence upon which appeal is to be based. t 0 . • . MINUTES OF MEETING OF THE COMMUNITY DEVELOPMENT BOARD OF THE CITY OF ATLANTIC BEACH, FLORIDA July 20, 1999 7:00 P.M. CITY HALL PRESENT D.on Wolfson . Robert Frohwein X e• . Sharette Simpkins 1-' 3 4'-, Mary Walker e Pat Pillmore pz Dezmond Waters 4. AND George Worley, Il, CD Director Pat Harris ABSENT Buzzy Grunthal Chairman Don Wolfson called the meeting to order and asked for approval of the minutes from the meeting of June 15, 1999. On motion made and seconded the minutes were approved. 1.Application for Use-by-Exception filled by Assad Halleak to operate a retail tile and stone business at property owned by Bobby and Pauline Boeneke known as Part of Castro Y. Ferrer Grant, Section 38, Township 2 South, Range 29 East and located on Atlantic.Boulevard. Mr. Halleak introduced himself and explained that pursuant to concerns of the board at the last meeting, he has submitted a revised -site plan indicating parking spaces, setbacks, outside storage and an on-site truck turn around at the location. He stated that the tractor-trailer trucks delivering materials would be able to enter into the driveway along the western edge of the property and back into the warehouse portion of the building. After discussion; Mr. Frohwein moved to recommend approval of the Use=by- Exception subject to outside storage being used only for raw materials and not discarded materials, that tractor-trailer trucks only turn around within the property boundaries, and that the exception be granted to the applicant only, for this location only. Mrs. Pillmore seconded the motion.and it passed unanimously 10 II. Application for Use-by-Exception filed by Big River Breweries, Inc./Ragtime. —= Tavern to allow cafe style sidewalk seating at property located at 207 Atlantic Boulevard __ Tom Morton introduced himself and stated that at the last meeting the board was concerned with some legal issues that needed to be addressed before making a -- recommendation. Rona Brinley, owner of Book Mark, introduced herself and reiterated her concerns regarding the utilization of parking spaces'located in front of her business. • • . The Chairman expressed concern with the proposed door opening and railings. He stated that his observation revealed potential problems and felt it would be unwise to recommend approval of the use-by-exception as opposed to drafting an ordinance regarding sidewalk cafes. Mr.Waters suggested that the applicant pursue the acquisition of adjacent property for the purposes of additional parking. Responding to questions from the board, Mr. Worley stated that Section 24-161 states that any deviation of parking requirements is to be handled as a use-by-exception. After discussion, the Chairman moved that the board recommend denial of the use- by-exception and Mrs. Walker seconded the motion. Mr. Waters stated he did not favor sending a negative review to the City Commission since conditions could be placed on the use such as parking and wider walkways as well as putting an ordinance in place to deal with the concept which Atlantic Beach is ideally suited for. Mrs. Walker stated that she felt the street should be closed to traffic before granting a use-by-exception. She stated that it would penalize the pedestrians. She suggested to the applicant the idea of rooftop dining. Mr. Morton stated that when they presented this idea they assumed there would be issues to be addressed and felt confident they could make a valid attempt to come up with solutions. The Chairman suggested moving toward an ordinance allowing outside seating for special events with closed streets. Mr. Frohwein stated he wanted the board to send a favorable message to the City Commission and submit to them a proposed ordinance regarding outside dining. He expressed concern with.the proper procedure to follow in this regard. Mr. Worley stated that there should be an ordinance or formal agreement to allow the use of public property similar to the Town Center Project. He stated that the agreement would follow the granting of a use-by-exception. and ___. Mrs. Pillmore stated she would like to see -a positive recommendation suggested the Chairman withdraw the motion and start over. 40 Mrs Walker concurred with a presenting a positive recommendation to the City cannot be overcome untilCommissionbutstatedthattherearesomebarriersthat someone builds the sidewalk out or the street is closed to traffic. The Chairman stated he would be willing to stipulate concerns that the board has and relate to the City Commission that they like the.idea as a practical matter but : recommends denial of the request but at the same time to encourage proceeding with an ordinance. The Chairman withdrew his motion with the preface that he likes the idea of cafe- style sidewalk seating which would be compatible with the ambience of this particular location but has concerns with the way the use-by-exception is designed and because of certain constraints on this location. He moved that the application for use-by-exception to the parking requirements at Ragtime Restaurant to allow cafe-style seating at the corner of Atlantic Boulevard and Ocean Boulevard without providing additional parking spaces be denied. Furthermore, his concerns raised by the neighboring business, specifically, Book Mark, the design of the proposal regarding the hazards of limiting accessibility by pedestrian and vehicular traffic, and the use of City property. Mrs. Walker seconded the motion. Mr. Waters stated that there is no private property in front of Ragtime and the City ii. needs to leave unimpeded the bricks with citizens names located on the sidewalk. Mr. Jensen stated that the last thing needed is another ordinance on the books. He. stated that the City does agreements with various entities for use of public property, city rights-of-way, to-wit: gas companies, telephone companies and JEA. He stated that the applicant is seeking a very limited, isolated instance. He stated that the resolution which is basically an agreement between the city and the applicant. He stated that the matter on the agenda for this meeting is strictly a use-by-exception for parking and additional tables. He stated the applicant would have to go to the City Commission any way to seek permission to use publicly owned property which would be accomplished by agreement or resolution. After discussion, Mr. Wolfson withdrew his motion and made a new motion to recommendto'the City Commission that the use-by-exception to the parking requirements for Ragtime Restaurant to allow cafe-style seating at the corner of Atlantic Boulevard and Ocean Boulevard without providing additional parking spaces be denied and Mrs. Walker seconded the motion. - Mrs. Pillmore stated that she would like the information regarding possible planning and coordinating with Town Center attached to the recommendation to the City Commission. Mr. Waters voiced his objection with the way the recommendation ended up this_______-_`- evening because the applicant would not be able to present the motion again for a period 40 of one year. Responding to a question raised by Mr. Frohwein, Mr. Worley stated thafthe owner could place 32 seats and some tables outside on his property and serve lunch and dinner without the use-by-exception. Mr. Frohwein stated he opposed the motion as made. Mr. Jensen stated that he thought it advisable for the City Commission to consider the use-by-exception and resolution or agreement at the same time. The applicant expressed his concern that the City Commission would not hear the positive suggestions made at this meeting. He stated he would feel more comfortable having a positive recommendation from this board an not just a recommendation for denial of the requested use-by-exception. Mr.Waters stated that he did not understand why the applicant could not go straight to the City Commission requesting an ordinance establishing the concept in the city. On request from Mr. Frohwein the chairman polled the members and the result was III 4-2 in favor of recommending denial of the use-be-exception with Mr. Frohwein and Mr. Waters opposed. The Chairman explained to the applicant that he could withdraw his application at this meeting or at the City Commission meeting. He further explained that even with the vote for denial the applicant can still work toward the resolution with the City and present the whole concept at that meeting. Mr. Waters questioned whether the board could grant an exception for parking for one year only. The Chairman read Section 24-63(6) which states that the City Commission may as a condition to the granting.of an application for permit impose such conditions, restrictions or limitations in the use of the premises or upon the use of the premises as requested in the application as the City Commission may deem appropriate. After discussion, Mrs. Pilimore moved to call the vote of the motion. Thereupon, the board voted to pass the motion to recommend denial and the motion carried by a vote of 4 - 2 with Mr. Frohwein and Mr. Waters dissenting. The Chairman requested each member complete their findings of fact.worksheets and turn them in to the Recording Secretary. DISCUSSION a. Traffic Patterns in Old Atlantic Beach (o_ i ei - Mr. Worley stated that the board was furnished copies of the straffic study by the City which addressed traffic flow and parking and which was intended to address parking problems. He 'stated that the study branched out to include traffic patterns and offered some possible solutions including re-routing of traffic by creating one-way streets and certain traffic calming techniques. As a result of a one-way street questions from a City Commissioner last month, the City Manager has provided them a written response and a copy of that response was also furnished to the board members. He stated he also had color photographs from the traffic study if anyone needed to see them. Mrs. Pillmore stated she felt that the study was not presented to the board from a neutral position but that the report had been conducted without interaction to change. She stated she would rather have seen the report suggest possible changes and solutions that the City needs to work out. She stated she felt that there are solutions and they should be tested, specifically, one-way streets., Mr. Frohwein suggested that slowing down the speed with regulatory signs might divert traffic in a different direction to roads that have a higher speed limit such as East Coast Drive and Ocean Boulevard. He requested feedback from staff and other board members. He stated that this is the third time this board has discussed traffic flow and no recommendations have been made. Mr. Worley stated that he did not believe that a significant traffic reduction could be achieved by reducing the speed limit. He stated that half of speeding complaints he has heard involve Beach Avenue because there are so many pedestrians. Mr. Wolfson requested staff submit the matter to the Public Safety Department for recommendations and weighted solution. Mrs. Walker stated she could not make a recommendation until she has seen the numbers on the matter. • Mrs. Pillmore stated that the angle parking at Adele Grage Community Center was an excellent idea. Mr. Wolfson suggested that Town Center designate angle parking between Ahern and First Street and paint and stripe it accordingly. After discussion regarding suggestions and solutions the consensus of the board was to conduct a survey to ascertain various problems and possible solutions Mr. Frohwein stated that the survey should address which areas want traffic. calming a. Continued Review of Zoning Ordinance The board agreed to meet at 6:00 p.m.,August 17, 1999 to continue their discussion of the zoning ordinance. _ Mr. Worley reported that the new zoning maps were.being prepared and would be furnished to the board upon their receipt. Mr. Worley stated he would prepare a draft letter to the City Commission recommending a meeting of Neptune and Atlantic Beaches regarding •parking and transportation to and from Town Center. The Chairman reported that Mr. Grunthal has asked that he be replaced and asked the members for any recommendations they may have. The Chairman requested staff place on the agenda for the next meeting a discussion of a special zoning district which addresses cafe style seating, parking etc. The Chairman reported that due to a lack of communication with JTA ruled out potential designs for the Mayport Flyover including a clover leaf design. He stated that the City was not involved with any-meetings or discussions, The Chairman also shared with the members an account of various meetings and discussions with JTA and their proposals regarding mass transit, bus station location and a trolley for Town Center, Mayport and-the Beaches. There being no further business to come before the board the meeting was adjourned. SIGNED ATTEST 1. I`_. Y "_- 0 TAVERN: SEAFOOD: r`'\ .ir'`• tgri NT(DBEACH.I .1 I 4... ELORIDA. I I II I I I I (,9 0 4I)12 4 1 -17 9 7 7 July 23, 1999 City Commission City of'Atlantic Beach Commissioners: This is a request to allow temporary usage of a portion'of the sidewalk affronting Ragtime Tavern, located at 207 Atlantic Blvd.,Atlantic.Beach-FL..*The reasons for this request are as follows: . To permit Ragtime to place tables and chairs in this area for the purpose of providing food and beverage service to restaurant patrons. Please note: The location and exact configuration of tables is flexible, and can be adjusted to address any concerns that may . arise in the commissions' consideration of this request. Those concerns may include,but. are not limited to: (1)providing safe and adequate public access over the existing' sidewalk, (2)minimizing any negative impact on neighboring businesses, (3) limiting hours of operation for the use of this area, (4) considering design elements that compliment and enhance the existing Town Center redevelopement project,(i.e.: umbrella colors,plant and railing dividers to define usable area, etc.). " In making this request, it is agreed: 1. To defend, indemnify, and hold harmless the City of Atlantic Beach;its officers, agefits, and employees from any and all claims for damages for injuries to persons or property . related to or arising out of the temporary use. • . 2. To vacate the property and temporary use upon reasonable notice from the City to do so. 3. To address and incorporate any restrictions or requirements requested by the City•- - • Commission prior to occupying the designated area. We would like to request that this matter be considered in conjunction with the • . • . Commissions review of our application for a"Use,by Exception"to the parking' - requirements,that was heard before the-Community Developernent Board on July 20,1999.-`We additionally would like to-request that both of these-matters be scheduled on ,-_.._ ._._....:.--.-- ,.1( your agenda no earlier than the August 23,1999.City Commission Meeting s . 1 piLe address any correspondence to:-" . Ragtime Tavern ' 207 Atlantic Blvd: Atlantic Beach •FL 32233-- Sincerely, Bill Morton f. 7 : Tom Moon For Ragtime Tavern and Big River Breweries, Inc. f . JV•. ”--'"'" - N.u4 . - Phase Type or Print in Ink Application_"ee 1100.00 APPLICATION FOR "USE BY EXCEPTION" i . lit- 1 Date Filed; b 0129 JUN t 1979 yCit of AtlanticNameendAddreuaofOwnerorTenantinPossessi•on of Premises: BLiiIdln< and -7 r,frjgEt&R.tu6e_ gP )E9-(Es, Plc- / lc Ie}'16 1:Akk er) or,jn 1 Phone 207 ATL-A1 a IL LVD Work: 'Zig -7g'77 All- 4fK 1 AC e4 t L 12233 Home: 333 -74)13PcRf : ;t)II MbrLTD 1,1[1:34-t 4 Street addreem and legal description Of the premises as to which the "UsebyException` iu requested: 707 }-T to}\IT lc tR I-V A• _1AT LA VT(C. 1 Ad1 t'i.. 3'2.3;33LE6Ai. •. 1c, - 2s-29 E vSD3 f - 2S -29E A1LAPT(L {6 .4-r T6?-2-4Sic. PT (-e LcTf's 1=4 A description of the "Use by Exception" desired, which shall epecificellyandparticularlydenoribethetype, character and extent of the proposedUeebyException•: V,_ h. eKe 2f rayl, es re ies-(e it) a11ow c4-ft S-ryl-e.• Sid-e ucd ea{-vi0, -Fronftn fahit(c (Ivd.aha. side (k n F of J w ro o{ f fav wvte Tauern Rhe ei li-I- s:dewu (fL -fztb2 rro r i wa acc ads 3 'Q Q add o f long I ,eafs• AYurIrar.Q_i [9,'% _.Pkrk_v13 }e u_tre.r, s fk.e add,-fIc QQ s t is a(S0 (ez6LuLied. Specific reaeone why the applicant feels the request should be granted: Oki' ctoor re-SiztUL ro f P.iti ng.„ will R_ d.eS(i c - a_dct ri't civ fa 1V aW1 b«02 cr-F owr viewfi_ Sired sc c e t,e,h e •fit axeci • Zoning Classifioution:Cl/ 011kiult k flit--2---- PI 411Signatureofapplicant/appiioant'a Signa urof o! nerrI. of the property.authorized agent or attorney. If Applioati.. a nnot . be proceedagentorattorney, ino1ude letter without ornern signature.from applicant to that effect. - 4 hppiiaent: Do not'fill-in beyond thin point. However: ha orrreiarBd...t , -------4 a.-. aa.— -lit 1—__i_ .._ FxttaxHas OF FACT 1. Ingrates!' and agrees to property s+nd pzaporsia--structureie adequate. Ptertidular reference is YES K0 wads to automotive and pedaatrien safety andconvenience, traffic floc and control and accessincastsofcnteatropha, f 2. Off-atrvtst parking and loading ix adequate.Particular attention ie paid to the items! in 1.bove end the economic, naive, glean and odorofiectmoftheapeoiwlexceptiononadjoiningpropertienfindpropertiesgenerallyinthedistrict)t 3. Locations of refuee and service areas arecompatiblewithsurroundingpoertiesandorsweenyacaeeesible. 4. Locations, availability and coapntibility ofutilitiesareadequate, 5. Type, dimenmione and char-eater of screeningandbufferingareadequate. b. Signa and proposed exterior lighting, withrefornncetoglareandtrafficsafety, are inharmonyandarecompatiblewithotherpropertiesinthiidistrict. 7. Required yarde and other open apeaem areadequate. 8. The tame iv generally compatible with adJmoent properties and other property in the district. COMMUNITY DEVELOPMENT BOARD REPORT AND RECOMMEUDATIONSt S ACTIoNs BY THE CITY CO fMISBT01(t r r 4 -40_TAVERN.SEAFOOD • GRIti. 20tATLA O LVD I ATIANTIGBEAGH FLORIDA I I I 19 0 4) 214 1 -7:7 T32233 April 22, 1999 Mr.David Thompson City Manager City of Atlantic Beach Dear Chief Thompson: Thank you for taking the time to research and discuss our idea of adding sidewalk café style seating at Ragtime. At this time I am requesting consideration of this idea by the City of Atlantic Beach. Sidewalk cafes are a desirable and integral component of the ambiance of cities large and small all over the world. I have enclosed some materials,which illustrate a similar situation worked out by Big River Breweries and the City of Chattanooga,Tennessee. As you may know.Big River is the parent colni} to Ragtime Tavern since January 1998. To my mind the key to this arrangement is the granting of temporary and provisional use of the sidewalk to Big River by the City. This allows the city to terminate the permission at any time with reasonable notice. Furthermore,the sidewalk seating and service areas are implemented without any permanent fixtures. As we discussed the addition of sidewalk seatiiig would be an enhancement to the Town Center area. For more tia,i fifteen years Ragtime has been instrumental in enhancing bath the quality of life and environment in our community,and we feel this project would be an appropriate addition in those areas. After reviewing this information please contact me at. Your convenience so we may determine how to take the next step. Thanks again for your consideration on this matter. Sincerely. Tom Morton For Ragtime Tavern and Big River Breweries,Inc. t il: i I•• Ir.' :ii 1 1 Ragtime Tavern • I I • EXISTING COVERED SIDE WALK 1 EXISTING BRICK PAVERS I 1.6)Y i.:-- •----.3 ..... 0. 000000, 00 (? ef000g:),,e' 4:‘, I . i. — I I , a TABLES WITH CANVAS UMBRELLAS I.'i i','•. .'. I. .:.' .', • i I . # • i! ! ....., ••.;. • t,:t j' 4 PARKING SPACES(EXISTING) 1 IRKING(EXISTING) 11 F I s;«1c;.1iil1. i,' 1. i) il.. 11; 1i1••..;.;'• RAGTIME TAVERN I I l I:', l l ! 1• t' I,t •I, If'1 NON-EXCLUSIVE PARKING LICENSING AGREEMENT THIS LICENSING AGREEMENT effective this day of August, 1999, between Frank R. Keasler,Jr., as Trustee to the NBH Land Trust, a Florida Trust Entity organized under Chapter 689.071, Florida Statutes,u/a/d July 11, 1997("Licensor"),with full power and authority to protect, conserve, sell, lease, encumber or otherwise manage and dispose of the real property described as on Exhibit "A" attached hereto, and whose address is do Henderson Keasler Law Firm, 4337 Pablo Oaks Court, Suite 102, Jacksonville,Florida 32224, and Big River Breweries, Inc. ("Licensee"), a Florida corporation whose address is 100 E. 10th St., Chattanooga,TN 37402. In receipt of Ten Dollars($10.00)and other good and valuable consideration Licensor hereby grants to Licensee and Licensee's employees a nonperpetual,non-exclusive and as-available access to fifteen(15) of the fifty-two (52)parking spaces, as designated from time to time during the Term of this Agreement by Licensor, in the parking lot on a certain tract of land owned by Licensor as described more particularly as Exhibit "A"attached hereto and by this reference incorporated herein. During special events and holidays, any person parking on Licensor's property pursuant to this Agreement may be subject to all parking charges, if any,assessed by Licensor. Licensee's use under this Agreement shall be exclusively for the Licensee's employees. The license granted herein permits the limited and qualified use of such designated fifteen(15)parking spaces during the Term of this Agreement or until Licensor gives notice to Licensee terminating this Agreement. The licensed permissible use of the property described in Exhibit A is given to Licensee for a period of one (1) year (the "Term"). Such term shall renew automatically unless Licensor or Licensee gives thirty(30) days' notice of nonrenewal. Notwithstanding such Term this Agreement is revocable at any time by Licensor with thirty (30) days prior written notice. Licensee acknowledges the legal title of Licensor to the property described on Exhibit"A" and agrees never to deny such title or to claim any right,title or interest therein or thereto,excepting such limited and non-exclusive rights under this Agreement. Licensee will exercise the privilege granted herein at Licensee's own risk and agrees Licensee will never claim any damages against Licensor for any injuries or damages suffered on account of the exercise of such privilege,regardless of the fault or negligence of the Licensor. Licensee will indemnify and hold Licensor harmless from and against all liability for damages and expenses resulting from, arising out of or in any way connected with, the exercise of the privilege by Licensee or by Licensee's permitted employees entering in or parking on Licensor's property. Licensee, within fifteen (15) days of Licensor's date of request to such effect, shall provide Licensor with a copy of Licensee's general liability insurance and therein confirm Licensor has been named as an additional insured on Licensee's applicable liability policy. This License is assignable only with the specific written consent of Licensor and neither this Agreement nor any memorandum thereof shall be recorded by either party. if Licensee or any permitted employee fails to perform any of the obligations or duties required under this Agreement or otherwise are in default or breach hereof, or if a dispute arisesq between the parties or an employee, concerning the performance,meaning or interpretation of any provision of this Agreement,then the defaulting party or the party'not prevailing in such dispute, disagreement or action,as the case may be,shall pay any and all costs and expenses incurred by the other party in enforcing or establishing the applicable rights or duties hereunder, including,without limitation, attorneys'and paralegal fees. The obligation to pay for such costs and expenses shall be binding regardless of whether incurred before, during or after arbitration, whether suit is brought, and regardless of whether incurred before;during or after any notice of claim, arbitration,mediation, • trial, appellate or Bankruptcy proceedings. Any dispute arising under or related to this Agreement shall be resolved exclusively by arbitration, which shall be held in Jacksonville, Duval County, Florida. Such arbitration shall be conducted in accordance with the rules of the Florida Arbitration Code, and as allowed by law,judgement upon the award rendered shall be final and non-appealable and may be entered in and enforced by any court having competent jurisdiction. IN'WITNESS'WHEREOF,the parties executed this Agreement the day and year set forth respectively below. L ENSOR 0 it/ss as t Licensor NBH Land Trust By: Frank R. Keasler, Jr. o-Py Its: Trgs eeiGtCOV4 Witness as Date: to Licensor LICENSEE Witness as to Licensee Big River Breweries,Inc. By: Thomas K. Morton Its: Manager Date: Witness as to Licensee , 4110 G AK333 3\12\LICENS E\PKGLIC.RAG 2 0A.No City of ChattanoogaSEALy 4:PI , C May 20, 1998 Mr. John A. Leonard Big River Breweries, Inc. 100 East 10th Street, Suite 600 Chattanooga,Tennessee 37402 Re: Request for Temporary Usage Dear Mr. Leonard: 110The City Council has approved your request for temporary usage of the sidewalk at 222 Broad Street for placing a few tables and chairs thereon without causing inconvenience to sidewalk pedestrians, subject to certain conditions. Enclosed is a copy of Resolution No. 21789 for your records. Please note the conditions to this usage that are contained in the Resolution. Also enclosed is a copy of the Indemnification Agreement. If we may be of further service, please let us know. Sincerely, D. Wilkinson, I r.,P.E. City Engineer JDW:ch Enclosures 2 Department of Public Works ._. Suite 210.City Hall 37402 • (423) 757-5110 1 . 11111 N0.21789RESOLUTION A RESOLUTION AUTHORIZING BIG RIVER BREWERIES, INC. TO USE TEMPORARILY THE SIDEWALK AT 222 BROAD STREET FOR PLACING A FEW TABLES AND CHAIRS THEREON WITHOUT CAUSINGSUBJECT INCONVENIENCEO OENIENCEAIO SIDEWALK PEDESTRIANS, CONDITIONS . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, that Big River Breweries, Inc . hereinafter referred. to as, "Temporary User" ) be and is hereby permitted to use temporarily the sidewalk at 222 Broad Street for placing a few tables and chairs thereon without causing inconvenience to sidewalk pedestrians; t said temporary usage shall BE IT FURTHER RESOLVED, that be subject to the following conditions : 1 . Temporary User shall execute the Indemnification Agreement attached hereto in favor of the City of Chattanooga, its officers, agents and employees for any and all claims for damages for injuries to persons or property related to or arising out of the temporary usage . 2 . Temporary User agrees to vacate the property and temporary use upon. reasonable notice from the City to do so. 3 . Temporary User shall provide adequate access for maintenance of any utilities located within the easement . 1111 4 . Temporary User shall have obtained approval of the City Engineer and City..Traffic Engineerprior to the commencement of construction. ADOPTED: May 12 , 1998 cjc 2 1110 INDEMNIFICATION AGREEMENT This Indemnification Agreement . is entered into by and between THE CITY OF CHATTANOOGA, TENNESSEE (hereinafter the City" ) , and BIG RIVER BREWERIES, INC. (hereinafter "Temporary User" ) , this 19th day of May 1998 . For and in consideration of the granting of . the temporary use of the sidewalk at 222 Broad Street for placing a few tables and chairs thereon without causing inconvenience to sidewalk pedestrians, and for other good and valuable consideration, the receipt of which is hereby acknowledged, Temporary User agrees as follows : 4110 1 . Temporary User will defend, indemnify, and hold . harmless the City of Chattanooga, Tennessee, its officers, agents and employees from any and all claims for damages for injuries to persons or property related to or arising out of the afore- mentioned temporary use, subject to the terms and limitations of the Tennessee Claims Commission Act, T.C.A. §§ 9-8-301, et seq. 2 . Temporary User will vacate the property and temporary use upon reasonable notice from the City to do so;. the parties hereto agree that "reasonable notice" shall be deemed to be thirty (30) days . Temporary User will restore the property to its original condition when it is returned to the City. 411i 3 - 3 . Temporary User will provide adequate access for maintenance ofany utilities located within the easement . . . BIG RIVER BREWERIES, INC. BY: N J 3 . AiK Datil / CITY OF CHATTANOOGA, TENNESSEE BY: lsi( J' I Y, May. iiallir Date 4 - Op h RECD SEP 9 1999 299 Atlantic Boulevard Atlantic Beach, FL 32233 904/241-9026 7 September 1999 Mr. Tom Morton Ragtime Tavern 207 Atlantic Blvd. Atlantic Beach, FL 32233 Dear Tom: Following the commissioners ' meeting last month, I thought I should recap what I said about Ragtime ' s interest in providing outdoor seating. This is basically a summary of our conversation of Wednesday, 28 July. As I reiterated during that meeting, I am leary about possible impacts of this proposal, but I am also interested in being a good neighbor and exploring mutually acceptable options . The issues and agreements are summarized below: 1 . Parking: If adding 32 outside seats is succcessful, there should• be more people looking for places to park. You stated that you cannot make additional parking. However, we agreed there are ways to alleviate the current stress . (a) Post a sign for the spaces west of the Tap Room Parking for The Book Mark, Bio-Max, and Stuart Ashby" . I realize this is public parking, but if the City will allow Ragtime to use the public sidewalk for commercial purposes, surely they will agree to this arrangement to protect the other businesses . (b) Clear spaces in the lot behind the businesses by having Ragtime employees park elsewhere. The agreement with the Sea Horse clearly addresses this concern. 2 . Access : This is in fact my main concern. It is critical that customers feel comfortable walking down the sidewalk past Ragtime to get to The Book Mark. In this regard, we agreed: (a) No tables will be placed west of the Tap Room. (b) Railings will be placed not only on the street side of the tables, but on the sidewalk side as well . This will define the walkway. There will be one opening opposite the middle door for service to these tables . (c) No tables will be located adjacent to the building/under the awning. 3 . Clean-up: Sincethis arrangement has the potential to generate more trash, Ragtime will be responsible for keeping the sidewalk clean. 4 . Permit : During previous meetings, the possibility of a test period410of:.12 .monthswas. discussed. _This is too long; if there is a negative impact, the situation needs to be rectified before 12. months. I suggest a three month trial period, during the summer (specifically not during the Christmas season) . As we discussed, The Book Mark and Ragtime will meet monthly to. assess the effects. While I hope to be able to say the outdoor ___:_ seating is an asset or at leastvr,4c.,,, t,pr-gRo-A_e d,4f I do experience a: drop `in. :. business, Ragtime agrees to remove the tables immediately. As we discussed, we are all in this together. The success of Town IIIter depends on cooperation and commitment . I appreciate your willingness work with The Book Mark on this new adventure. I will not be able to attend the 13 September city commissioners ' meeting. The mystery writer Lawrence Block will be at the store that night for a reading/signing. Please keep me informed. Sincerely, Rona S . Brinlee, Owner t/ T cf : Suzanne Shaughnessy Mayor, Atlantic Beach lh ATTACHMENT C SEPTEMBER 27, 1999 COMMISSION MEETING q." V F. F.- .-fin„-n.,, 2•. f C' M - 4 1,y r lN+ .aL. a.y. R •A .. - Environmental Protection Northeast District Lawton Chiles 7825 Baymeadows Way, Suite B200 Virginia B. Wetherell Governor Jacksonville, Florida 32256-7590 Secretary October 1, 1997 Mr. Robert S. Kosoy, P.E. Director of Public Works City of Atlantic Beach 1200 Sandpiper Lane Atlantic Beach, Florida 32233-4381 Dear Mr. Kosoy: This will confirm my discussion with you on October 1, 1997. It is the intent of the City of Atlantic Beach Consent Order, OGC No. 95-2971, to prevent storm water from entering into the sanitary sewer system and surcharging the sewer lines causing overflows. The means of prevention include: eliminating cross connections between sanitary server and storm water piping, repairing damaged sewer lines and repairing sewer manholes to correct inflow and infiltration. These and other corrective actions are referenced in the Consent Order. If you have any questions or need any additional information please call. Sincerely, 1111111 0, fry M. 0 ven, P.E. Water Facilities Administrator 1111 JMO:TF Protect, Conserve and Manage Florida's Environment and Natural Resources" 4// Master lift station at the Buccaneer Facility. The improvements shall include upgrading the lift stations with new piping and pumps. These improvements shall also include manifolding all lift stations into one master wet well where odor can be effectively controlled at one location and should enable the system to continue to operate in full compliance with Department Rules. The application shall include studies and assessments concerning all physical improvements which are needed in the master lift station to enable the same to operate in full compliance with the Department's rules. 16. Respondent shall, no later than July 31, 1997, begin implementation of the Stormwater Master Plan which provides a plan for reducing the identified adverse impacts including eliminating any and all cross connections between sanitary sewer and stormwater piping. 17 . Respondent agrees to pay the Department stipulated penalties in the amount of $50. 00 per violation per day for each and every day Respondent fails to timely comply with any of the requirements of paragraphs 7 through 16 of this Consent Agreement. A separate stipulated penalty shall be assessed for each violation of this Consent Agreement. Within 30 days of written demand from the Department, Respondent shall make payment of the appropriate stipulated penalties to "The Department of Environmental Protection" by cashier's check or money order and shall include thereon the OGC number assigned to this Consent Agreement and the notation Pollution Recovery Fund - stipulated penalty" . Payment shall be sent to the Department of Environmental Protection, Northeast District 7825 Baymeadows Way Suite 200 B, Jacksonville, Florida 110 6- AGENDA ITEM NO: 240 COMMISSION MEETING DAl'E: q-z 7 99 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Recommendation of Award for 1999 Stormwater System Improvements City Bid Project No. 9899-25 SUBMITTED BY: Robert S. Kosoy, P.E., Director of Public Works Zy DATE: September 21, 1999 BACKGROUND: This project is to construct drainage improvements and provide Best Management Practices (BMPs) at various locations throughout the City. The overall project includes drainage improvements on Pine Street, Seminole Road, Palm Avenue, Donner Road,Aquatic Drive, and the Public Works Yard. Construction of at least the base bid items will allow us to "no later than November 15, 1999, begin implementation of the Stormwater Master Plan," as required by Paragraph 16 of the Consent Order OGC 95-2971. Bid invitations were sent to nineteen contractors. Four contractors submitted prequalification packages or letters, and two were prequalified. Several contractors, including one that submitted a prequalification package and later withdrew, stated they would like to bid on the project but were too busy. Bids were received by the Awards Committee on September 8, 1999 from the following companies: 111 Bidder Base Bid Add. Alt. 1 Add. Alt. 2 Add. Alt. 3 Total Callaway Contracting 332,772.90 66,819.26 9,187.20 $40,087.94 $448,867.30 Petticoat Contracting 315,878.42 58,413.30 10,395.00 $37,873.00 $422,599.72 Staff performed a bid analysis and all figures were verified. All bidders submitted the required documents with the bid packages, including a 5%Bid Bond. Monies totaling $279,000 were budgeted for this project in the Stormwater Utility Fund account number 470-0000-538-6300, and an additional $71,000 is available in various accounts in the Streets Division Fund and Stormwater Operating Fund, for a total of$350,000. Per specifications, the contract is to be awarded on the basis of the lowest Total Base Bid and any selected Additive Alternate Bid Items. RECOMMENDATION: Approve the low base bid of Petticoat Contracting, Inc. in the amount of 315,878.42, plus Additive Alternate 2 in the amount of$10,395.00 for a total of$326,273.42, as funding is available for these items. In addition, authorize the City Clerk to send notification of award to the low bidder, and authorize the City Manager to sign the construction contract. It is further recommended that funding from reserves in the amount of$72,600 be appropriated for Additive Alternates 1 and 3, for 58,413.30 and $37,873.00 respectively, as these items have been designed in response to numerous citizen requests. Funding from reserves is included in Budget Resolution No. 99-26,which is also on the Commission agenda for approval. ATTACHMENTS: 1. Copy of the bid tabulation sheet. 2. Copy of the bid analysis. 3. Description of Base Bid and Additive Alternates 1, 2, and 3 4. Drawing showing Base Bid and Additive Alternate locations. 111 5. Bid specifications and drawings on file with City Clerk. 6. Other bid documents on file with Ci lerk. REVIEWED BY CITY MANAGER: CITY OF ATLANTIC BEACH 1999 STORMWATER SYSTEM IMPROVEMENTS CITY BID NO. 9899-25 DESCRIPTION OF BASE BID AND ALTERNATES Base Bid Additive Alternate 1 Additive Alternate 2 Additive Alternate 3 Drainage improvements at the Improvements on Pine Street All Concrete Sidewalk work Aquatic Drive Culvert following locations: 1) Pine from David Street to North of on Donner Road from Francis Improvements and tide gate. Street from Sturdivant Avenue Seaspray Avenue. (Not Avenue to Sandpiper Lane. to David Street; 2) Seminole originally budgeted) This work continues the Road from Seaspray Avenue to sidewalk constructed with Palm Avenue and Palm Avenue CDBG funding. (Not to Magnolia Street; 3)Donner originally budgeted) Road from Richardson Lane to Sandpiper Lane; 4) Public Works Yard (including mitigation BMPs) I it i I I1 11i • IL_ JU 1999 STORMWATER SYSTEM I'4f c,4n "' ttn IMPROVEMENTS 11 111111 111}i111' 1 44 I i i 1 I 1I 11 1 '1 11 11 1I I I 1 1 1 II f II l y L I-I L__, L. _ 1 r w L___J L_J L 1 1 1 r 1st I j 1 1 a III y.. t_ _L_J 1 F 1 1 ll X114 t "'sll L_ L__ __ i 111 11 vsr2ecr 11141............I / ITEM f- rw o.. BASE BID , 1 1 41 / // t 1 i R I Ik. 1 f 1 11111 71 r-- -- Pueuc WORKS ` 31)11 II / I / Ji i i 1 41 ii- 9ASE 91C j r--t r"- -1 j s a I / 4. - I ITEM I I i I A olnw 1 f 1 ORAINAOv I 1 1 ALT. NO 2 dI 1 L_--_- -_ - (ORI I I I (SIDENAL.x 1° 1 i 11 , 1 1 1 I r i""-'° —l@ ONLY) I I:1 Ill ONLY; 1 i lVl 11 — _J L—_—_J L--,. 7 rLiv, rale 3tyz-z Z liiilii%i%/4//f7 i 1474:—474:—I 417riIiifjl uw u —J1 I L____ ;.m•ray C _—___---—1 -- ---),.f I I LL__ _,....___,.t. 131 ll i I ( I, , e. _ r-lir 4/ fi 1 r J 11 15 1 .3;sw--.;,1 I) 1 1 1I11 7 /I , , L______ ___ J.L. 1 ,, ,,, , i A J iwor1 t i i-'1 P------ ------ 1 --, r` - 1 L__ - _=1a, f1 l 1 1 1 11 1 I i BASE BID 1 / / ` c- 41 11 1L _ -- ITEM / , \ \ as!a,--••.l I f I 4 'L I1 1 1 _ w.0 i 4 1. --- rff. 1 11 i4 j4 jl , i-, `--, i 1; V1 1 1 it C\' i\ --"',...-4,1% / / /0 I( 1 _ J L L 1 II I 4 t f j 1-, 121 I L_fp I/' // 1 1 t. .) C 1 , 1 1 r•----114."-- 1r--I I'. 111 ,C i 1 d 1; ..i : / f J 1- r----:-•:=-:-.- 1:- 1' 11 1 14 1 1 1"' 1 4 1 1 I 1s 4+ r,...-''',..../t G\ Riiv- 11 1, , I ` 44 1 1 4 1 11 i Ji J^`' 1 , 61 1 1 f le Cu```l1 ' 11 , 4 1 1 4 4 4 4 j I II i / 1 y a/ Ir 71 i 1 X11 1 4 f 1 l 1 i I , L-J t _J t__ t _, I l J / m/ / % `' a , 1 1114 1I I 1 I 4 t it i----= "_°-----1 I lI 1 % % '' /1 11elX 1' 1 L——, L f 11 17.7.- 3 1 1 1 ' " ( / • / AOCITVE ALT. NO 1 1 ` — 1 1 1 1 1 7 = '----- 1 I1 -./ I /1/ W% , 1 t 1211 14 I I 1/ 1 / I i i J r- e BID 441L- ITEM 1 1 J I 1 V / / // d/ 11 1 1 / L- --- J/L I I r` ` — I r 16f rss s 1 1 I I , r • Il Iii r 1 1I 1 J L Jg---- ------1 t_----4 J L o..,..o CITY OF ATLANTIC BEACH COMMISSION MEETING- September 27, 1999 AGENDA Call to order Invocation and pledge to the flag 1.Approval of the minutes of the Regular Commission Meeting of September 13, 1999. 2.Courtesy of Floor to Visitors: 3.Unfinished Business from Previous Meeting A. Action on a request of Ragtime Tavern for permission to use a portion of the sidewalk at 207 Atlantic Boulevard for café style seating (City Manager) i) Authorize the City Attorney to draft a contract for Ragtime's use of the City property; ii) Establish a user fee for the use of the property iii) Review and take action on the request for a Use-by-Exception to waive the parking requirements for 32 additional restaurant seats iv) Authorize the City Attorney to modify the existing ordinance to allow the alcohol consumption requested 110 4.Consent Agenda: 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 TIE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS A. Acknowledge receipt of monthly reports from Building, Code Enforcement, Occupational License and Recreation Departments (City Manager) B. Approve the purchase of a concrete grinder from SASE Company, Inc., at a cost of 6,638.91, pursuant to the specifications of Bid No. 9899-31 (City Manager) C. Acknowledge receipt of Annual Stormwater Report to United States Environmental Protection Agency for Year 2 (City Manager) D. Award contract for the base bid and Additive Alternate No. 2 in the total amount of 326,273.42 for Stormwater System Improvements pursuant to the specifications of Bid No. 9899-25; Also, approve appropriation of funds from reserves in the amount of$72,600 for Additive Alternates 1 and 3,as recommended by staff(City Manager) 5.Committee Reports: 09/09/1999 11:33 904-249-3044 mminimmEmminn 1.111111.1.11.....111 ATTACHMENT D SEPTEMBER 27, 1999 COMMISSION MEETING M E M Q R A N D U M To: Maureen King, City Clerkjand City Manager David E. Thompson From: Suzanne Shaughness0" Subject: Balanced Budget resolution: Request for agenda Item Date: September 9, 1999 It was brought to our detention that requests for recurring or ongoing expenditures in the operations budget might exceed the on-going monies currently available in the proposed budget. In the event that the final budget also contains this condition, 1 would like to ask that the City Manager and the Finance Director work together to adjust the budget so that sufficient on-going monies can be identified to cover all recurring expenditures. This may be accomplished by resolution, or by concurrence of the Commissioners that direction be given to provide for balancing these items. The intent of this balanced budget request is to avoid spending one-time monies on on-going items which would not be assured of funding for more than a single year. Thank you. AI• ATTACHMENT E SEPTEMBER 27, 1999 COMMISSION MEETINC- i CITY OF ATLANTIC BEACH CITY COMMISSION STAFF REPORT AGENDA ITEM: Attorney General Opinion on Sewer Connections DATE: September 9, 1999 SUBMITTED BY: David E. Thompson, City Manager BACKGROUND: The attached letter was received relative to the questions proposed to the Attorney General's office relative to the enforcement of the mandatory sewer connections under state law. Staff defers to the City Attorney and the City Commission relative to the interpretation of the opinion. However, it appears that the City is not directed by State Law to enforce the provisions of the statute. This provides room for the City Commission to make a policy decision relative to the enforcement of the statute. While considering the interpretation of the state law, the City Commission may also wish to consider taking further action relative to billing for sewer services 90 days after notification. The City Commission deferred the issue until an Attorney General's Opinion was received. RECOMMENDATION: To make policy decision as to whether or not the City Commission wants staff to enforce the provisions of the state statute requiring connections to the sewer system. Additionally, to review the City Code on this matter to determine whether or not the City Commission wishes to make changes in the code relative to required connections. ATTACHMENT: Letter and opinion from the Attorney General City of Atlantic Beach Code relative to mandatory sewer connections REVIEWED BY CITY MANAGER: AGENDA ITEM NUMBER: ALAN JENSEN ATTY 373 P01 AUG 31 ' 99 14: 10 ALAN C.JENSEN Attorney at Law 935 North Third Street Past Office Bar 50457 Jacksonville Beach,Florida 32240-04,57 Telephone(904)246-2500 Facsimile(904)246-9960 MEMORANDUM DATE: August 31, 1999 VIA FAX TO:David E. Thompson, City Manager City of Atlantic Beach FROM: Alan C.Jensen, Esq., City Attorney RE:Sewer Hookups I received today an opinion from the Office of the Attorney General pursuant and a copy is faxed herewith. I believe the opinion is self-explanatory, is in accord with the my opinion, but please call if you have any questions regarding it. I would appreciate you distributing copies of the opinion to the mayor, commissioners, city clerk, and anyone else you deem appropriate. Thank you. ACT/sky 4110 HLHN JENSEN ATTY 373 P02 AUG 31 ' 99 14: 10 OFFICE OF THE ATTORNEY GENERAL tI t t '' DEPARTMENT OF LEGAL AFFAIRS kr> 4 .t..w.. c' oTHE CAPITOL ROBERT A.BUTTERWORTH TALLAHASSEE,FLORIDA 32399-1050 Attorney General Stale ofFlorida August 27, 1999 Mr. Alan C. Jensen Atlantic Beach City Attorney Post Office Box 54057 Jacksonville, Florida 32240-0457 Dear Mr. Jensen: You have asked for assistance regarding the enforcement of homeowner hookup to a city-owned sewerage system pursuanttosection381 . 00655, Florida Statutes. Attorney General Butterworth has asked me to respond to your letter. Initially, I must reiterate that this office is authorized bystatutetoissueopinionsonquestionsofstatelaw. Local ordinances such as the one adopted by the City of Atlantic Beach and matters of factual dispute such as promises made by local officials to homeowners are not within the scope of AttorneyGeneralOpinions .1 Section 381 . 00655, Florida Statutes, provides for connection to central sewerage systems by property owners who currentlyhaveonsitesewagetreatmentanddisposalsystems . An onsite sewage treatment system includes such things as septic systems.Pursuant to the statute: The owner of a properly functioning onsite sewage treatment and disposal system . . . must connect the system or the building' s plumbing to an available publicly owned or investor-owned sewerage system within 365 days after written notification by the owner of the publicly owned or investor-owned sewerage system that the system is available for connection. The publicly owned or investor-owned sewerage system must notify the owner of the onsite sewage treatment and disposal system of the availability of the central sewerage system. No less than 1 year prior to the date the sewerage system will become available, the publicly owned or investor-owned sewerage system shall notify Ill AtECE11fEfl AUG 31 '.:a AN AFFIRMATIVE ACTION/EOUAL OPPORTUNITY EMPLOYER ALAN JENSEN ATTY 373 PO3 AUG 31 ' 99 14: 11 Mr. Alan C. Jensen Page Two the affected owner of the onsite sewage treatment and disposal system of the anticipated availability of the sewerage system and shall also notify the owner that the owner will be required to connect to the sewerage system within 1 year of the actual availability. . . . 2 The statute also provides that the owner of an onsite sewage treatment and disposal system that must be repaired in order to function properly must connect to an available sewerage system within 90 days. This statute, by its terms, applies to both publicly owned and investor-owned sewerage systems. Section 381.00655 (2) (b) , Florida Statutes, also provides that: A publicly owned or investor-owned sewerage system may, with the approval of the [Department of Health) , waive the requirement of mandatory onsite sewage disposal connection if it determines that such connection is not required in the public interest due to public health considerations. Clearly, the statute recognizes instances where a local govern- ment (in the form of its publicly owned system) may waive the requirement of mandatory sewer hookup if it makes a determination that the public health would not be adversely effected by this action and it secures the approval of the Department of Health. While nothing in section 381. 00655, Florida Statutes, requires a municipality to enforce the provisions of the statute, a municipality is not foreclosed from taking local legislative action providing, for enforcement of section 381 .00655, Florida Statutes. The Municipal Home Rule Powers Act states that cities have the power to enact legislation concerning any subject matter upon which the state Legislature may acts and local ordinances relating to enforcement of provisions of section 381. 00655, Florida Statutes, would appear to be appropriate subjects for legislation. In fact, section 381.00655, Florida Statutes, recognizes the authority of counties and municipalities to "enforce other laws for the protection of the public health and safety. " ALAN JENSEN ATTY 373 PO4 AUG 31 ' 99 14: 11 Mr. Alan C. Jensen 1111 Page Three I trust that these informal comments will assist you in advising your client, the City Commission of Atlantic Beach. Sincerely, Isegocrv.14 Gerry Hammond Assistant Attorney General GH/tgk See, s. 16.01 (3) , Fla. Stat. 2 Section 381. 00655 (1) (a) , Fla. Stat. 3 Section 166.021 (3) , Fla. Stat. Sec. 22-89. Compliance regarding type, capacities, location and layout. The type, capacities, location, and layout of a private wastewater disposal system shall comply with all recommendations of the City of Jacksonville Health, Welfare, and Bioenvironmental Services Division. Ord.No. 80-83-23, § I(Art. III, § 4), 6-27-83) Sec. 22-90. Connection to public sewers; failure of system; cleaning and filling. a) At such time as a public sewer becomes available to a property served by a private wastewater disposal system (onsite sewage disposal system [or OSDS]), as provided in section 22-89, or when a failure of such OSDS occurs, the property owner shall be notified by the city that a direct connection shall be made to the public sewer within ninety (90) days in compliance with this article. Such failed septic tanks, cesspools, and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material. The requirement to hook up to the city's sewer system will not be required of property owners who began paying an assessment for sewer lines before February 1, 1995, unless their OSDS fails. Property already served by the city sewer system shall remain on the city sewer system. b) "Failure" is defined as a condition existing within an OSDS which prohibits the system from functioning in a sanitary manner. Failure may result in the discharge of untreated or partially treated wastewater onto ground surface, into surface water, or into groundwater. Failure may cause building plumbing to discharge improperly. Ord. No. 80-83-23, § I(Art. III, § 5), 6-27-83; Ord. No. 80-94-53, § 2, 11-28-94) Sec. 22-91. Maintenance. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the city. Any and all maintenance or repair to a private OSDS [onsite sewage disposal system] must be permitted and inspected by the city building department. Ord. No. 80-83-23, § I(Art. III, § 6), 6-27-83; Ord. No. 80-94-53, § 3, 11-28-94) Sec. 22-92. Written report required for failed private system. At such time as a private OSDS [onsite sewage disposal system] fails, as defined in section 22-90 of this article, a written report shall be made by the owner of such OSDS to the city within seven (7) days of such failure. Ord. No. 80-94-53, § 4, 11-28-94) 41, Secs. 22-93--22-100. Reserved.