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04-10-95 v ATLANTIC BEACH CITY COMMISSION APRIL 10, 1995 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of March 27, 1995, and Special Called Meeting of April 3, 1995. 2. Recognition of Visitors 3. Unfinished Business: a. Architect Michael Dunlap with report and recommendations relative to construction of Donner Park activity building 4. Consent Agenda: a. Acknowledge receipt of the following reports for the month of March: (i ) Code Enforcement Activity Report (ii) Building Department Report (iii) Recreational Facilities Usage Report b. Award contract to Vickers & Associates in the amount of $9, 193.79 to supply and plant trees pursuant to the specifications of Bid No. 9495-8 5. Action on Resolutions: a. Adoption of Resolution No. 95-13 requesting that no fee be assessed for beach renourishment projects authorized by the Federal Government (Comm. Weiss) b. Adoption of Resolution No. 95-14 supporting the opening of a facility to provide county court services in the beaches area 6. Action on Ordinances: a. Introduction and first reading of Ordinance No. 95-95-62 to provide for mitigation for tree removal (George Worley) 7. New Business: a. Public hearing and final action on a request for a Use by Exception filed by John Kurtz of Kurstar Company, to operate a general contractor' s office at 535-L Atlantic Boulevard, Zoned Commercial General (George Worley) b. Action on a request to install a sign at the inter- section of Linkside Drive and Sandpiper Lane (George Worley) * Page Two AGENDA April 10, 1995 c. Authorize entering into contract with Purvis Gray & Company for the audit for FY 1994/95 (Ann Meuse) d. Discussion and related action relative to purchase of encoded register water meters under City of Jacksonville bid (Jim Jarboe/Bob Kosoy) e. Authorize scheduling of interviews with engineering firms to provide consultant services in connection with the replacement of sewer lines and conflicting utilities in Saltair subdivision (Bob Kosoy) 8. City Manager Reports and/or Correspondence: 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk: 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 who wishes to speak to the City Commission on any matter at this meeting should submit a request to the City Clerk prior to the meeting. Forms are available at the entrance to the Commission Chambers for your convenience. Future Business: Information (if available) has been provided to the City Commission on the following items. These matters will not be discussed at this meeting but will be considered by the City Commission at the next regular Commission Meeting on April 24, 1995. 1. Status report on the progress of modifications to the Public Safety Building MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, ON MONDAY, APRIL 10, 1995. V V O O PRESENT: Lyman T. Fletcher, Mayor T T Suzanne Shaughnessy E E J. Dezmond Waters, III, and D D Robert G. Weiss, Commissioners AND: Kim D. Leinbach, City Manager M S Alan C. Jensen, City Attorney 0 E Maureen King, City Clerk T C I O Y ABSENT: Steven M. Rosenbloom ( Excused) NAMEOF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Fletcher. The invocation was followed by the pledge to the flag. 1. Approval of the minutes of the Regular Commission Meeting of March 27, 1995, and Special Called Meeting of April 3, 1995 . SHAUGHNESSY X X Motion: Approve minutes of the regular meeting WATERS X X of March 27, 1995 WEISS X FLETCHER X No discussion before the vote. The motion carried unanimously. SHAUGHNESSY X X Motion: Approve minutes of the Special Called WATERS X meeting of April 3, 1995 . WEISS X X FLETCHER X No discussion before the vote. The motion carried unanimously. 2 . Recognition of Visitors : None 3. Unfinished Business: a. Architect Michael Dunlap with report and recommendations relative to construction of Donner Park activity building Mr. Dunlap distributed sketches of the proposed 1, 922 square foot building and reviewed a breakdown of estimated costs. He indicated several sites had been considered and it was his recommendation the building be located on the east side of Donner Park with the entrance to the building being on Church Road. Discussion ensued regarding how the overall cost of the structure could be reduced, and Mr. Dunlap indicated different types of windows and floor covering could be used. Page Two Minutes V V April 10, 1995 NAME OF COMMRS. MSYN Discussion ensued regarding the location of the building and Cindy Corey, Chair of the Recreation Advisory Board, indicated the board preferred a location in the northwestern area of the park where no tree removal would be required. Commissioner Waters felt a masonry building would be more appropriate and worth the small extra cost. The question of parking was also discussed and it was felt it would be desirable to have off-street parking. Following further discussion, the Mayor directed staff to meet with Mr. Dunlap to consider ways in which the cost could be reduced, and also address such matters as the location of the building, parking, etc. , and present their recommendations to the City Commission at the next meeting. He requested that Chief Thompson and Gail Baker, Activities Director for Donner Park, be in attendance at the next meeting to express any concerns they may have. 4. Consent Agenda: a. Acknowledge receipt of the following reports for the month of March: (i) Code Enforcement Activity Report (ii) Building Department Report (iii) Recreational Facilities Usage Report b. Award contract to Vickers & Associates in the amount of $9, 193.79 to supply and plant trees pursuant to the specifications of Bid No. 9495-8 SHAUGHNESSY X X Motion: Approve passage of Consent Agenda WATERS X WEISS X X No discussion before the vote. The motion carried FLETCHER X unanimously. 5. Action on Resolutions: a. Resolution No. 95-13: A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING A CHANGE TO UNITED STATES PUBLIC LAW 103-426, AND PROVIDING LANGUAGE Mayor Fletcher presented in full, in writing, Resolution No. 95-13. SHAUGHNESSY X Motion: Approve passage of Resolution No. 95-13 WATERS X WEISS X X Commissioner Weiss explained that no fee would be FLETCHER X X charged by Minerals Management Services for the use of sand for the beach restoration project to be undertaken Page Three Minutes V V April 10, 1995 NAME OF COMMAS. MSYN this summer; however, a fee would be charged for future projects. Commissioner Weiss reported Representative Fowler and Senator Mack had both indicated they would support the city' s request for a change in the law to eliminate the fee for future renourishment projects. The motion was unanimously approved. b. Resolution No. 95-14: A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, REQUESTING THE CITY OF JACKSONVILLE TO SUPPORT THE EXPANSION OF COURT SERVICES OFFERED BY THE CLERK OF THE COURT AT THE BEACH Mayor Fletcher presented in full, in writing, Resolution No. 95-14. SHAUGHNESSY X Motion: Approve passage of Resolution No. 95-14 WATERS X X WEISS X X In discussion before the vote, Commissioner Weiss FLETCHER X indicated he had spoken with Henry Cook, Clerk of the Court, and it was his opinion there was a good chance that the Clerk of the Court services at the beach could be expanded. The motion carried unanimously. 6. Action on Ordinances: a. Ordinance No. 95-95-62: AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 23, VEGETATION, ARTICLE 11, TREE PROTECTION; DELETING CERTAIN LANGUAGE AND INSERTING ADDITIONAL LANGUAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE Mayor Fletcher presented in full, in writing, Ordinance No. 95-95-62. Motion: Approve passage of Ordinance No. 95- SHAUGHNESSY X 95-62 on first reading and set for WATERS X X public hearing on April 24, 1995 WEISS X X FLETCHER X No discussion before the vote. The motion carried unanimously. 7. New Business: a. Public hearing and final action on a request for a Use by Exception filed by John Kurtz of Kurstar Company, to operate a general contractor' s office at 535-L Atlantic Boulevard, Zoned Commercial General (CG) 4, Page Four Minutes V V April 10, 1995 NAME OF COMMRS. MSYN George Worley explained Mr. Kurtz proposed to open a general contractor' s office at 535-L Atlantic Boulevard. There would be no outside storage and no overnight parking of business trucks. The Community Development Board had reviewed the request and had recommended that a Use by Exception be granted to Mr. Kurtz personally, for the specified location only. The Mayor opened the floor for a public hearing and since no one spoke for or against the request, he declared the public hearing closed. Motion: Grant Use by Exception to Mr. Kurtz SHAUGHNESSY X personally to operate a general WATERS X X contractor' s office at 535-L Atlantic WEISS X X Boulevard as recommended by the FLETCHER X Community Development Board No discussion before the vote. The motion carried unanimously. b. Action on a request to install a sign at the intersection of Linkside Drive and Sandpiper Lane George Worley explained the Selva Linkside Unit 1 Homeowners Association had requested permission to install a 3 ft. by 5 ft. subdivision sign on city right-of-way at the triangle formed by Sandpiper Lane and Sandpiper Lane East. He felt the proposed location was far enough off the roadway that it would not obstruct the view of motorists. Motion: Approve installation of Selva SHAUGHNESSY X Linkside sign as requested WEISS X The issue of maintenance of the sign was discussed and it was felt Selva Linkside should be required to maintain the sign and city should be protected from liability in the event of a claim. Substitute Motion: Grant request of Selva Linkside Homeowners Association to SHAUGHNESSY X install subdivision sign, subject to a WATERS X hold harmless agreement being provided WEISS X X by Selva Linkside to protect the city FLETCHER X X from liability, and execution of a maintenance agreement, including bond if available, to provide for maintenance, repair, and replacement of the sign as necessary, indefinitely, at no expense to the city. The motion carried unanimously. r' Page Five Minutes V V April 10, 1995 NAME OF COMMRS. MSYN c. Authorize entering into agreement with Purvis Gray & Company for the audit for FY 1994/95 The City Manager reported the city had issued a request for proposals (RFP) in November 1993. At that time the city entered into an agreement with Purvis Gray & Company, with options to renew for three years. Purvis Gray & Company has indicated they would be willing to perform the 1994/95 audit for $21, 500.00 which is no increase over the previous year. The City Manager recommended approval. Motion: Authorize entering into agreement with SHAUGHNESSY X Purvis Gray & Company for the audit for WATERS X X FY 1994/95 WEISS X X FLETCHER X Commissioner Waters expressed the opinion Purvis Gray & Company had provided excellent service and had worked well with the city in the past. The question was called and the motion carried unanimously. d. Discussion and related action relative to purchase of encoded register water meters under City of Jacksonville bid. Jim Jarboe explained over the past eighteen months the city had replaced approximately 40% of its water meters in order to facilitate monthly meter readings. To complete the installation of the new touch-read meters throughout the city he estimated four city crews, working overtime, could replace the meters for $10.00 each while a private contractor would charge approximately $20.00 and complete the job by June of this year. Mr. Jarboe recommended using a combination of city and private crews at a total estimated cost of installation being $66, 200.00. He estimated the cost of the meters at $437, 264.00 plus meter lids and boxes, for a total project cost of approximately $583, 464.00. Mr. Jarboe explained the new meters would result in addition annual revenues of approximately $120, 000 because many of the old meters were broken or inaccurate. In discussion relative to funding the project, Ann Meuse indicated money was available in water and sewer reserve funds. Motion: Proceed with installation of 100% SHAUGHNESSY X X touch-read meters within Atlantic Beach WATERS X water systems WEISS X X FLETCHER X The motion carried unanimously. OF Page Six Minutes V V April 10, 1995 NAME OF COMMRS. MSYN e. Authorize scheduling of interviews with engineering firms to provide consultant services in connection with the replacement of sewer lines and conflicting utilities in Saltair subdivision Bob Kosoy reported the City Commission had authorized issuing RFP' s for consultant services to replace sewer lines in Saltair subdivision. Twelve proposals had been received and evaluated and the three top firms were Sims Design Consulting, Inc. , Pitman Hartenstein & Associates, and Smith & Gillespie Engineers, Inc. The next step would be to schedule interviews with the top three firms and final selection by the City Commission of a firm to provide engineering services for the project. Commissioner Waters inquired whether storm water drainage improvements would be included in this project. Mr. Kosoy responded that it would be included as a bid alternate and it would be included as part of the project is the St. Johns River Water Management District permit was received. Following brief discussion, Mayor Fletcher requested that this project be discussed at the Special Called Meeting which had been scheduled for Monday, April 17, 1995, to discuss Capital Improvement Projects. The matter could then be included on the agenda for action by the City Commission at their meeting on April 24, 1995. 8. City Manager reports and/or correspondence: None 9. Reports and/or requests from City Commissioners, City Attorney and City Clerk City Attorney Alan Jensen reported he had been advised by John DeVault, the attorney representing the city in its law suit with the City of Jacksonville, that Jacksonville had submitted additional financial data pertinent to the case. He indicated the material had been compiled by four certified public accountants working for approximately one month and was substantial. Mr. DeVault had recommended delaying the case until June or August in order to allow time to review the material. The City Commission concurred. Commissioner Weiss reported the bids for expansion of the Atlantic Beach wastewater treatment plant were opened the previous week and he pointed out the two firms r oe Page Seven Minutes V V April 10, 1995 NAME OF COMMRS. MSYN from Orlando that protested the requirement that bidders have an office within sixty miles of Atlantic Beach, had not submitted bids. - read a Channel 4 editorial relative to Ocean County. Commissioner Shaughnessy - invited everyone to participate in the Donner area clean-up and picnic on April 29, 1995, in Jordan Park; - complimented the gardener on the spring plantings throughout the city; - suggested the city take a stand on the Ocean County issue; - suggested the Mayor appoint a committee of individuals representing a divergence of opinions to study the proposed tree ordinance. Commissioner Waters - invited commissioners to attend the next meeting of the Northeast Florida League of Cities; Mayor Fletcher - reported the Atlantic Beach Experimental Theater would present a one-man play based on tte life of Clarence Darrow on April 30, in honor of Law Day. There being no further business to come before the City Commission, the Mayor declared the meeting adjourned at 9 : 20 PM. .4.1111111111111. an T. Fletcher Mayor/Presiding Officer ATTES T: f Q,(1VLQ,Piv4% /1/.4-4/15 Ma reen King City Clerk