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08-28-95 v CITY OF ATLANTIC BEACH August 28, 1995 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the Regular Commission Meeting of August 14, 1995 2. Recognition of Visitors: A. Interviews with Architects proposing to provide architectural services in connection with the proposed addition to the Public Safety building: 7:15 PM - Fleet & Associates 7:30 PM - Gee & Jenson 7:45 PM - Michael Dunlap 3. Unfinished Business: A. Appointment to the Code Enforcement Board to fill the seat vacated by John Venn B. Discussion and related action relative to existing restroom building in Donner Park (Commissioner Shaughnessy) 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. 4. Consent Agenda: A. Acknowledge receipt of Public Works Projects Status Report (Bob Kosoy) B. Award contract to Court Surfaces, Inc., for resurfacing of tennis courts at Bull Memorial Park and Jack Russell Park, pursuant to the specifications of Bid No. 9495-19 (Timmy Johnson) 5. Action on Resolutions: A. Adoption of Resolution No. 95-24 Recognizing Sharette Simpkins (Commissioner Shaughnessy) AGENDA- August 28, 1995 Page Two 6. New Business: A. Select architect and authorize staff to negotiate a contract with same for design services in connection with the proposed addition to the Public Safety Building B. Approve preliminary plat for Donner subdivision (George Worley) C. Action on an application for a Use by Exception filed by 363 Associates Ltd., for exception to the seating capacity limitation without additional parking, in a restaurant established at the time of Shoppes of North Shore Shopping Center original approval (George Worley) D. Award contract to PBM Constructors, Inc. for emergency replacement of West Gear Reducer on No. 1 tank at Buccaneer Wastewater Treatment Plant (Bob Kosoy) 7. City Manager Reports and/or Correspondence 8. Reports and/or requests from City Commissioners, City Attorney and City Clerk: A. City Attorney with reports relative to ex parte communications and the issuance of liquor licenses B. Authorization to retain Tim Dumas to represent the City of Atlantic Beach in preparation and follow through of the Preservation 2000 grant application (Mayor Fletcher) 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 for this purpose are available at the entrance to the Commission Chambers. V V NAME OF COMMRS. MS Y N MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, AUGUST 28, 1995 PRESENT: Lyman T. Fletcher, Mayor Steven Rosenbloom Suzanne Shaughnessy J. Dezmond Waters, III, and Robert G. Weiss,Jr., Commissioners AND: Kim D. Leinbach, City Manager Alan C. Jensen, City Attorney Maureen King, City Clerk The meeting was called to order by Mayor Fletcher. The invocation was followed by the pledge to the flag. Approval of the minutes of the Regular Commission Meeting of August 14, 1995 ROSENBLOOM X Motion: Approve minutes of the regular meeting of SHAUGHNESSY X X August 14, 1995 WATERS X X WEISS X FLETCHER X No discussion before the vote. The motion carried unanimously. Recognition of Visitors Jim Jarboe, Deputy City Manager, reported the city endured 16 inches of rain during one week's time in a recent storm. It was reported a small tornado had touched down at the Selva Marina Golf Course. City workers had worked around the clock to assist in the overwhelming task of clearing debris and utilizing generators to pump storm water from various neighborhoods. Gail Gray, 373 12th Street North and Elizabeth Eilers, 369 3rd Street complained of flooding conditions. Mayor Fletcher explained during the upcoming budget process storm water and sewer problems would be addressed. John Meserve, representing Fleet Landing, commended city crews concerning the way they handled the flooding problems. Mitchell McCue, Firefighter, asked permission to read a letter from Richard H. Brown,Business Agent, IAFF, Local 2622. Mayor Fletcher suggested that Mr. McCue follow the normal chain of command and meet with the City V V NAME OF COMMAS. MS Y N Minutes, Page 2 August 28, 1995 Manager. The Mayor asked Kim Leinbach, City Manager,to meet with representatives of Local 2622 by September 5, 1995. Mr. McCue distributed the letter dated August 27, 1995 to the Commission(attached hereto and made a part hereof-Exhibit A). A. Interviews with Architects proposing to provide architectural services in connection with the proposed addition to the Public Safety building Fleet&Associates, Gee &Jenson, and Michael Dunlap gave presentations after which the Commission placed their vote on a tally sheet provided by the City Clerk. City Clerk, Maureen King, reported Gee & Jenson were chosen as the Commission's first choice. Staff was authorized to negotiate a contract with Gee&Jenson after which the Commission would give its approval. 3. Unfinished Business: A. Appointment to the Code Enforcement Board to fill the seat vacated by John Venn Mayor Fletcher suggested that Richard Mann be appointed to the Code Enforcement Board. ROSENBLOOM X X SHAUGHNESSY X X Motion: Appoint Richard Mann to fill seat on Code WATERS X Enforcement Board WEISS X FLETCHER X No discussion before the vote. The motion carried unanimously. Agenda Item 5A was taken out of sequence and acted upon A. Resolution No. 95-24-A RESOLUTION OF ESTEEM RECOGNIZING SHARETTE SIMPKINS Mayor Fletcher presented in full in writing Resolution No. 95-24. ROSENBLOOM X SHAUGHNESSY X X Motion: Approve passage of Resolution No. 95-24 WATERS X X WEISS X FLETCHER X The question was called and the motion carried unanimously. V V NAME OF COMMRS. MS Y N Minutes, Page 3 August 28, 1995 Mayor Fletcher presented the resolution in plaque form to Ms. Simkins. B. Discussion and related action relative to existing restroom building in Donner Park Commissioner Shaughnessy indicated since additional restrooms were being built into the new community center building, that she felt action should be taken by the Commission to demolish the existing building. She added this was the desire and wishes of the Donner community. She explained this matter had been pending since April but the matter had been delayed until a full Commission was in attendance. A discussion ensued regarding Commission action that had occurred at the meeting of May 22, 1995. The minutes were read which indicated the only action which had been taken was to eliminate the funding to renovate the building. The City Clerk was asked to listen to recent tapes, and to prepare necessary information and place the matter on the agenda for action at the meeting of September 11, 1995. 4. Consent Agenda: A. Acknowledge receipt of Public Works Status Report B. Award contract to Court Surfaces,Inc., for resurfacing of tennis courts at Bull Memorial Park and Jack Russell Park, pursuant to the specifications of Bid No. 9495-19 Commissioner Waters requested that Item A be removed from the consent agenda and Mayor Fletcher requested that Item B be removed from the consent agenda. A. Acknowledge receipt of Public Works Status Report Commissioner Waters made reference to the Jasmine Street Retention Pond and Bob Kosoy, Public Works Director, indicated bids were over budget, and that staff hoped to change the design and rebid. B. Award contract to Court Surfaces, Inc., for resurfacing of tennis courts at Bull Memorial Park and Jack Russell Park, pursuant to the specifications of Bid No. 9495-19 Mayor Fletcher made reference to the resurfacing the tennis courts and indicated he wanted to ensure there would be no problems with drainage which would result in water puddles on the court. The Consent Agenda was accepted by the Commission. V V NAME OF COMMRS. MS Y N Minutes, Page 4 August 28, 1995 5A - Resolution No. 95-24-(this was acted upon earlier in the agenda) New Business: A. Select architect and authorize staff to negotiate a contract with same for design services in connection with the proposed addition to the Public Safety Building(this was addressed earlier in the agenda) B. Approve preliminary plat for Donner subdivision William Morgan, William Morgan Architects, appeared on behalf of the Donner Community Development Corporation, and he indicated he had a proposed plan to build a group of eleven single family detached residences in the Donner Community between Francis Avenue and Richardson Lane. He distributed a sketch of the design to the Commission. It was reported by George Worley, City Planner, that the Community Development Board recommended approval of the preliminary plat subject to the review and approval of the preliminary and final plats by the staff and the City Commission. WOSENBLOOM X ATERHNESSY X Motion: Approve preliminary plat for Donner WATERS X X subdivision,William Morgan, Architect WEISS X X r'LETCHER X A discussion regarding the project ensued. The importance of having a Homeowners Association was stressed by the Commission.. Following the discussion the question was called and the motion carried unanimously. B. Discussion and related action relative to existing restroom building in Donner Park(this was acted upon earlier in the agenda) C. Action on an application for a Use by Exception filed by 363 Associates Ltd.,for exception to the seating capacity limitation without additional parking, in a restaurant established at the time of Shoppes of North Shore Shopping Center original approval George Worley, City Planner, reported the Community Development Board considered this request and recommended that an exception be granted to V V NAME OF COMMRS. MS Y N Minutes, Page 5 August 28, 1995 permit the applicant to operate a restaurant with a minimum of 150 seats without an increase in the number of parking spaces. He explained the maximum occupancy of the building was to be determined by the Fire and Building occupancy calculations. Ted Johnson explained it was his desire to shift from a bar type atmosphere to more of a restaurant type atmosphere. He indicated it was his intention to close in the porch and reduce the size of the bar. He explained he had made arrangements with Pam Bingemann, Realtor, to have valet parking at her location across the street in Neptune Beach, and that he was also considering other locations for valet parking. He indicated there were 91 parking spaces at Northshore Grill, and 30 parking spaces at the Pam Bingemann site. ROSENLOOM Motion: Grant Use-by-Exception to permit applicant to 3HAUGHNESS SHAUGHNESSY X operate a restaurant at the former North Shore Grille in WATERS accordance with staff's recommendations on parking WEISS X FLETCHER A long discussion ensued relative to the number of seats desired by Mr. Johnson to operate the restaurant, and the number of parking spaces available. Mr. Johnson indicated he would like to have a minimum of approximately 225 seats in the restaurant. Some commissioners were worried that nearby residential neighborhoods would be disturbed by additional parking, and other commissioners were against granting another variance to the property when several variances had already been granted. It was suggested Mr. Johnson obtain a written agreement allowing him to use Ms. Bingemann's parking spaces. It was explained at some time the property could change hands and it might not be possible to get the same agreement from another tenant. Don Wolfson, Community Development Board chairman, urged the Commission to consider this matter very conservatively. John Ruley, Fire Chief, advised the maximum seating capacity according to the fire code would be 257 seats. When asked if he would consider a cap on the seating capacity, Mr. Johnson indicated if the seating capacity were reduced from 225 it would not be economically feasible to go forward with the project. V V NAME OF COMMRS. MS Y N Minutes,Page b August 28, 1995 SUBSTITUTE MOTION: Set a maximum of 225 seats with a firm commitment for 54 satellite parking spaces. Use-by-exception shall apply to this use for a special restaurant license,and be ROSENBLOOM x granted to Mr. Johnson personally WATERSNESSY x X WEISS X A discussion ensued concerning the possibility of allowing 225 seats, and FLETCHER X X asking Mr. Johnson to indicate a good faith commitment at the outset to acquire 35 satellite parking spaces, utilizing valet parking. ROSENBLOOM X Amended Substitute Motion: Allow 225 seats,and ask Mr. SHAUGHNESSY X Johnson to indicate a good faith commitment at the outset to WATERS X acquire 35 satellite parking spaces for valet parking WEISS X X FLETCHER X X The question was called on the amended substitute motion to allow 225 seats, and to ask Mr. Johnson to indicate a good faith commitment at the outset to acquire 35 satellite parking spaces, utilizing valet parking and the vote resulted in 3-2 with Commissioners Waters and Rosenbloom voting nay. The motion carried. The question was called on the Substitute motion to set a maximum of 225 seats with a firm commitment for 54 satellite parking spaces, and that the use- by-exception shall apply to this use for a special restaurant license, and be granted to Mr. Johnson personally. The vote resulted in all ayes. Following discussion, the following motion was made: ROSENBLOOM X X Amended Motion: Reduce seating to 200 seats and require valet SHAUGHNESSY x parking as necessary WATERS X WEISS X FLETCHER X X Following discussion,the question was called and the amended motion carried unanimously. D. Award contract to PBM Constructors, Inc. for emergency replacement of West Gear Reducer on No. 1 tank at Buccaneer Wastewater Treatment Plant Bob Kosoy reported the west gear reducer on the No. 1 tank located at the Buccaneer Wastewater Treatment Plant was out of service. He explained the gear reducer operated continuously, 24 hours a day, and that it was time to replace it. • V V NAME OF COMMRS. MS Y N Minutes, Page 7 August 28, 1995 ROSENBLOOM X Motion: Replace Dodge Gear Reducer with Faulk Gear Reducer SHAUGHNESSY X X as soon as possible for $10,764.00 to maintain proper aeration WATERS X and to comply with Department of Environmental Protection WEISS X X FLETCHER X requirements Following a brief discussion the question was called and the motion carried unanimously. Agenda Item 8B was taken out of sequence and acted upon. B. Authorization to retain Tom Dumas to represent the City of Atlantic Beach in preparation and follow through of the Preservation 2000 grant application Mayor Fletcher explained the recommendation to retain Tom Dumas to represent the City of Atlantic Beach with reference to the Preservation 2000 grant application would be a flat$3,000 fee plus costs of$800.00. ROSENBLOOM X Motion: Authorize staff to retain Tom Dumas to represent the SHAUGHNESSY X X City of Atlantic Beach with reference to the Preservation 2000 WATERS x WEISS X grant application in the amount of$3,000 plus an $800 in FLETCHER X X additional costs No discussion before the vote. The motion carried unanimously. 7. City Manager Reports and/or Correspondence Bob Kosoy reported the 16th Street Dune Crossover was 80%completed. He explained delays occurred because of the heat and subsequent rain, and he requested an extension until September 30, 1995 to complete the project. He reported there would be a cost overrun, and the total estimated cost would be $25,900. He explained nearby residents had requested that a wall be built at a cost of $772.00, to create architectural harmony with an existing wall and to provide privacy. Under discussion, Commissioners felt the city had already spent enough money on the project and that it would not be prudent to do the extra work. ROSENBLOOM X Motion: Allocate $3,000 for the extra work to build an outside SHAUGHNESSY wall on the crossover WATERS WEISS FLETCHER Motion failed for lack of a second. • V V NAME OF COMMRS. MS Y N Minutes, Page 8 August 28, 1995 8. Reports and/or requests from City Commissioners.City Attorney, and City Clerk: A. City Attorney with reports relative to ex parte communications and the issuance of liquor licenses Alan Jensen, City Attorney, indicated he submitted a report to the Commission regarding Ex Parte communications with public officials. The Commission asked Mr. Jensen to prepare a resolution to incorporate state law into the city's code. B. Authorization to retain Tim Dumas to represent the City of Atlantic Beach in preparation and follow through of the Preservation 2000 grant application (this was acted upon earlier in the agenda) Commissioner Waters urged Commission to attend an upcoming meeting concerning the Wonderwood Expressway. There being no further business the Mayor adjourned the meeting at 12:10 a.m. yman T. Fletcher Mayor/Presiding Officer ATTEST: .ch.�.e�,ain King, City lerk cxhi' d/i - 4 PROFESSIONAL FIRE FIGHTERS OF JACKSONVILLE BEACH 716 Magnolia St. Neptune Beach, Fla. 32266 Ph. (904) 246-7527 Richard H. Brown Business Agent IAFF, Local 2622 Mayor Lyman Fletcher and Members of the City Commission 800 Seminole Rd. Atlantic Beach, Fla. 32233 August 27, 1995 Honorable Mayor Fletcher and Members of the City Commission: On August 25, the City of Atlantic Beach experienced a flooding situation. Members of the Fire Department were ordered to perform a draft and pump operation at a Simmons street location. During this operation it was noted that raw sewage was emitting from an overflowing manhole into the area that was being pumped. Members of our organization were ordered to work in the following conditions: 1. Standing water with raw sewage and all of the by-products normally found in raw sewage. 2. Water spray from hose and pump connections containing raw sewage. 3. No protection from the possibility of our members becoming contaminated through openings in the skin or ingestion through mucous membranes. 4. Continued exposure over a long period of time. As always the fire fighters performed the duties assigned them and brought the working conditions to the attention of the Fire Chief. In a discussion with the Fire Chief after the incident we were told that if the situation occurs again we would again be required to perform in the same working conditions. This concerns us and makes us think that the City does not fully understand the hazards of working in these kinds of conditions. Raw sewage is considered to be a bio-environmental hazard. Working in a bio-environmental hazard without proper training and protective clothing exposes the employee and the employee's family to the possibility of infections and the spread of diseases. It also exposes the City to the costs of any on the job injury claims that may result from such an exposure. Fire fighters accept a certain amount of risk to ourselves and consider risk of personal injury and illness to be an inherent part of the job. We try to protect ourselves through education, training and using the proper protective equipment. We draw the line with the possibility of taking 1 hazards home to our families. We consider the exposure to so many of our members for such a prolonged period of time to this type of hazard unnecessary and unwarranted. We are certain that the City of Atlantic Beach must feel the same way. Considering the Fire Chiefs stated position that our members may be placed in this situation again we are initiating an investigation into the hazards of such an operation. We would urge the City of Atlantic Beach to do the same. 2 CITY OF ATLANTIC BEACH BALLOT Selection of Architect for addition to the Public Safety Building. Rank firms 1 - 3 in order of preference with 1 being your first choice. FLEET& ASSOCIATES 3 GEE& JENSON I MICHAEL DUNLAP 2 Signed: ` � � � / 4 1,1"1 4 / Date: August 28. 1995. CITY OF ATLANTIC BEACH BALLOT Selection of Architect for addition to the Public Safety Building. Rank firms 1 - 3 in order of preference with 1 being your first choice. FLEET & ASSOCIATES 2 GEE& JENSON MICHAEL DUNLAP Signed: .1�.�i�__ Date: August 28, 1995. CITY OF ATLANTIC BEACH BALLOT Selection of Architect for addition to the Public Safety Building. Rank firms 1 - 3 in order of preference with 1 being your first choice. FLEET & ASSOCIATES 2 GEE& JENSON 1 MICHAEL DUNLAP 3 r Signed: Date: August 28, 1995. • CITY OF ATLANTIC BEACH BALLOT Selection of Architect for addition to the Public Safety Building. Rank firms 1 - 3 in order of preference with 1 being your first choice. FLEET& ASSOCIATES GEE&JENSON S MICHAEL DUNLAP o2 Signed: Date: August 28, 1995. CITY OF ATLANTIC BEACH BALLOT Selection of Architect for addition to the Public Safety Building. Rank firms 1 - 3 in order of preference with 1 being your first choice. FLEET& ASSOCIATES 41/ GEE&JENSON 1 C L DUNLAP Signed: Date: August 28. 1995.