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10-11-93 v AMENDED CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, OCTOBER 11, 1993, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of September 27, 1993 and regular meeting of October 5, 1993. 2. Recognition of Visitors: 3. Old Business: A. Discussion and related action regarding the adoption of a policy to accept the Qualified Bidders List (Finance Dir. Wendland) B. Discussion and related action regarding advertising in the City's newsletter (Joanne Morrisseau) C. Discussion and related action relative to the proposed contract between the City and users of city facilities (City Manager Kim Leinbach) 4. Resolution: A. Resolution #93-37 contract fixing the duties and rate of compensation for the City Clerks contract B. Resolution #93-36 contract fixing the duties and rate of compensation for the City Manager C. Resolution #93-42 declaring a special assessment for a sewer line to serve property owners bewteen 17th and 18th Streets on Seminole Road D. Resolution #93-43 declaring a special assessment for a water line to serve the property owners on sections of Ocean Boulevard, DeWees Avenue, Seminole Road and Coquina Place known as Ocean Grove Unit Two E. Resolution #93-45 in memory of John 0. Lauwaert F. Resolution #93-46 regarding the National Flood Insurance Reform Act of 1993 G. Resolution #93-47 Famous Amos relative to beautification of a portion of Ahern Street and providing water for plants in median H. Resolution #93-48 relative to Budget Adjustment BA94-01 for budget transfer to amend budget per discussion of Commission at workshop of 10/6/93 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 5. Consent Agenda: A. Approval of nominations for 2 seats on the Park & Recreation Advisory Board B. Usage report for Adele Grage Community Center C. Approval of bid #9293-29 Jordan Park rest room facility D. Approval of Change Order #2 relative to Chlorine Contact Facility Page Two 10/11/93 6. Ordinances: A. Final reading and public hearing of Ordinance 90-93-161 rezone six lots on north side of Cornell Lane B. Introduction and first reading of Ordinance #58-93-19 amending various sections of the retirement system 7. New Business: A. Discussion and related action regarding the proposal of water service to undeveloped property in Section H (Mr. Mrs. Alford) B. Discussion and related action concerning Use by Exception filed by Pan Am Mini Storage, Inc. to allow outside, on-site storage of vehicles (City Planner George Worley) C. Discussion and related action concerning Use by Exception filed by Bahraim Venus to operate a used car sales business on 1420 Mayport Road (City Planner George Worley) D. Discussion and related action regarding appeal of decision for a variance application to front setback requirements (Sala Mansouri, City Planner George Worley) 8. City Manager Reports and/or Correspondence: A. Police report - speeding monitored in areas Atlantic Beach B. Authorization to sign Anti-Drug Abuse grant certificate 9. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Code Enforcement appointments Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7: 15 V V PM ON MONDAY, OCTOBER 11, 1993 O O T T PRESENT: William I . Gulliford, Jr. , Mayor E E Glenn A. Edwards D D Lyman T. Fletcher, and J. Dezmond Waters, III, Commissioners M S AND: Kim D. Leinbach, City Manager 0 E Alan C. Jensen, City Attorney T C Maureen King, City Clerk I 0 Y ABSENT: Adelaide R. Tucker, NAME OF D S N ( Excused Absence) N COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Fletcher, was followed by the pledge to the flag. 1 . Approval of the minutes of the regular meeting of EDWARDS X X September 27, 1993. FLETCHER X WATERS X X Motion: Approve minutes of the regular meeting of GULLIFORD X September 27, 1993 . No discussion before the vote. The motion carried unanimously. 4110 Motion: Approve minutes of the regular EDWARDS X X meeting of October 5, 1993 . FLETCHER X X WATERS X No discussion before the vote. The motion carried GULLIFORD X unanimously. Agenda Item 4E was taken out of sequence and acted upon at this time. 4E. Resolution #93-45 : A RESOLUTION OF THE CITY OF ATLANTIC BEACH IN MEMORY OF JOHN O. LAUWAERT Mayor Gulliford presented in full, in writing, Resolution #93-45 . Motion: Approve passage of Resolution 93-45 EDWARDS X FLETCHER X X No discussion before the vote. The motion carried WATERS X X unanimously. GULLIFORD X Mayor Gulliford presented Resolution 93-45 in plaque form to the family of John 0. Lauwaert. • V V Page 2 NAME OF 10 October 11, 1993 COMMRS. MSYN 2 . Recognition of Visitors: William McGee, 1831 Selva Marina Drive, noted that $1 . 5 million was transferred from the Water/Sewer Fund to the General Fund. 3. Old Business: A. Discussion and related action regarding the adoption of a policy to accept the Qualified Bidders List Kirk Wendland, Finance Director, explained the policy and procedure that would be utilized to pre-qualify bidders when the estimated cost of the bid exceeded $100, 000. Motion: Approve policy to pre-qualify bidders EDWARDS X X relative to awards of contracts for FLETCHER X X construction, reconstruction, repairs or other WATERS X work on city facilities and equipment GULLIFORD X It was explained the method of pre-qualifying bidders would ensure a fairer system, and would limit the city' s exposure to possible litigation. . The question was called and the vote resulted in all ayes. The motion carried. B. Discussion and related action regarding advertising in the City' s newsletter JoAnne Morrisseau requested approval to take over the City' s Newsletter and make it a profitable venture. She proposed increasing pages in order to generate advertising revenues to pay for production, to allow not more than 50% of the newsletter to be given up for advertising, and to add more human interest stories and a calendar of events. She proposed that the City continue to pay for the postage and mailing of the newsletter. It was agreed the City would pay for the postage and Ms. Morrisseau would take over the advertising, and that the agreement would be in effect for one year at which time the Commission would examine the situation. Motion: Grant approval for JoAnne Morrisseau EDWARDS X to solicit advertising for City' s Newsletter FLETCHER X X for a period of one year, with the City paying WATERS X X for postage. GULLIFORD X • It was explained the City would prepare the contents of the Newsletter. V V Page 3 NAME OF October 11, 1993 COMMAS. MSYN The question was called and the vote resulted in all ayes. The motion carried unanimously. C. Discussion and related action relative to the proposed contract between the City and users of city facilities Kim Leinbach, City Manager, presented a proposed contract between the City and users of the City' s facilities. He submitted recommendations relating to the Atlantic Beach Experimental Theater (ABET) and Beaches Habitat for their use of space at the Adele Grage Community Center. Motion: Approve execution of contracts with EDWARDS X ABET and Beaches Habitat for their use of FLETCHER X space at the Adele Grage Community Center WATERS GULLIFORD Commissioner Fletcher felt the City encouraged the work of Habitat and that it was a conflict to charge Habitat for office space at the Community Center. Mayor Gulliford explained Habitat would be agreeable to pay $50.00 per month. He added they had experienced difficulty securing an office in the past and would be happy to have an office of their own. He added Habitat worked with other cities and not only Atlantic Beach. A discussion ensued regarding whether the City desired to charge for other recreational facilities, but no decision was reached. Liability insurance was discussed and it was felt it would be a mistake not to insist that renters of facilities carry insurance. Mr. Leinbach suggested the city obtain insurance from renters with the city named as additional insured. He was asked to investigate the possibility of obtaining insurance that would cover renters. It was decided to defer action on the issue until further information was available. Carson Merry Baillie reported she had received a quote of approximately $1, 000 to obtain insurance and she explained it would be too expensive to remain in operation if ABET was required to obtain insurance. Reference was made to the proposed contract between the City and ABET, 3. c. , and it was decided to change the language as follows: "No fees or admission costs shall be charged to the public unless approved in writing by the City Manager of Atlantic Beach or by the City Commission by formal vote. " The Mayor indicated the City of Jacksonville Beach paid V V Page 4 NAME OF October 11, 1993 COMMRS. MSYN a city employee to open and close facilities, and he suggested perhaps this should be considered. The previous motion and second to the motion were withdrawn. Motion: Defer action until the meeting of EDWARDS X X October 25, 1993 FLETCHER X X WATERS X No discussion before the vote. The motion carried GULLIFORD X unanimously. 4. Resolution: A. Resolution 93-37 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING MAUREEN KING AS CITY CLERK FOR AN INDEFINITE TERM, FIXING HER DUTIES AND RATE OF COMPENSATION BEGINNING OCTOBER 1, 1993, AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Resolution 93-37. EDWARDS X FLETCHER X Motion: Approve passage of Resolution 93-37 WATERS GULLIFORD A discussion ensued regarding setting the term of the contract and after discussion it was decided to set the contract in resolution form for a term of one year. Reference was made to Section 4 (c) , second paragraph, and it was decided for the purpose of clarification to add "calendar" to 120 days. Substitute Motion: Approve passage of EDWARDS X X Resolution 93-37, as amended. Amendments: FLETCHER X X term of contract shall be for one year; WATERS X Section 4 (c) (second paragraph) change "120 GULLIFORD X days" to "120 calendar days" The question was called and the vote resulted in 3-1 with Commissioner Edwards voting nay. The substitute motion carried. B. Resolution 93-36: A RESOLUTION OF THE CITY OF ATLANTIC BEACH APPOINTING KIM D. LEINBACH AS CITY MANAGER FOR AN INDEFINITE TERM, FIXING HIS DUTIES AND RATE OF COMPENSATION BEGINNING OCTOBER 1, 1993, AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Resolution 93-36. V V Page 5 NAME OF October 11, 1993 COMMRS. MSYN Motion: Approve passage of Resolution 93-36 EDWARDS FLETCHER X A discussion ensued regarding setting the term of the WATERS X contract and after discussion it was decided to set the GULLIFORD contract in resolution form for a term of one year. A discussion was held regarding whether the city should provide insurance for the City Manager' s personal car. The City Manager advised he had been providing his own insurance. With reference to Section 3(a) Automobile, it was decided to eliminate language pertaining to having an automobile provided to the city Manager, and to eliminate the last sentence of the paragraph which indicated the City shall be responsible for paying for insurance and for the purchase of the automobile. Substitute Motion: Approve passage of EDWARDS X Resolution 93-36, as amended. Amendments: FLETCHER X X term of contract shall be for one year; WATERS X X Section 3(a) Automobile - Eliminate language GULLIFORD X indicating the City Manager would have an automobile provided to him by the City, and eliminate the last sentence of the paragraph which provided the city would pay for insurance and purchase of automobile The question was called and the motion carried unanimously. C. Resolution 93-42 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH DECLARING A SPECIAL ASSESSMENT, AS REQUIRED BY FLORIDA STATUTES, CHAPTER 170, FOR A SEWER LINE TO SERVE THE PROPERTY OWNERS BETWEEN 17TH AND 18TH STREET ON SEMINOLE RAOD, AND PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Resolution 93-42. Motion: Approve passage of Resolution 93-42 EDWARDS X X FLETCHER X X No discussion before the vote. The motion carried WATERS X unanimously. GULLIFORD X D. Resolution 93-43 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH DECLARING A SPECIAL ASSESSMENT, AS REQUIRED BY FLORIDA STATUTES, CHAPTER 170, FOR A WATER LINE TO SERVE THE PROPERTY OWNERS ON SECTIONS OF OCEAN BOULEVARD, DEWEES AVENUE, SEMINOLE ROAD AND COQUINA PLACE KNOWN AS OCEAN GROVE UNIT TWO, AND PROVIDING AN EFFECTIVE DATE. V V Page 6 NAME OF October 11, 1993 COMMAS. MSYN Mayor Gulliford presented in full, in writing, Resolution 93-43. Motion: Approve passage of Resolution 93-43 EDWARDS X X FLETCHER X X No discussion before the vote. The motion carried WATERS X unanimously. GULLIFORD X E. Resolution 93-45 (this was addressed earlier in the agenda) F. Resolution 93-46 - A RESOLUTION OF THE CITY COMMISSIONERS OF ATLANTIC BEACH, FLORIDA, OPPOSING SENATE BILL 1405 REGARDING THE NATIONAL FLOOD INSURANCE REFORM ACT OF 1993 AS IT IS CURRENTLY WORDED, AND RECOMMENDING CERTAIN CHANGES WHICH WOULD MAKE THE PROPOSED LAW ACCEPTABLE Mayor Gulliford presented in full, in writing, Resolution 93-46. Bob Weiss explained Senate Bill 1405 had been defeated on two occasions. He indicated passage of the Bill would make flood insurance unavailable to certain people, and he urged the commission to pass the resolution. Motion: Approve passage of Resolution 93-46 EDWARDS X X FLETCHER X No discussion before the vote. The motion carried WATERS X X unanimously. GULLIFORD X G. Resolution 93-47 - A RESOLUTION OF THE CITY OF ATLANTIC BEACH THANKING FAMOUS AMOS RESTAURANT FOR THEIR CONTRIBUTION AND ASSISTANCE TOWARD THE BEAUTIFICATION EFFORTS OF AHERN STREET Mayor Gulliford presented in full, in writing, Resolution 93-47. Motion: Approve passage of Resolution 93-47 EDWARDS X X FLETCHER X X Mayor Gulliford asked that Carl Walker, Beautification WATERS X Coordinator, present the resolution which was in plaque GULLIFORD X form to Famous Amos. Commissioner Fletcher explained Famous Amos donated money and also water toward the beautification of landscaping on Ahern Street. The question was called and the motion carried unanimously. V V Page 7 NAME OF October 11, 1993 COMMRS. MSYN H. Resolution 93-48 - A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Mayor Gulliford presented in full, in writing, Resolution 93-48. Motion: Approve EDWARDS X X pp passage of Resolution 93-48 FLETCHER X WATERS X X No discussion before the vote. The motion carried GULLIFORD X unanimously. 5 . Consent Agenda: A. Approval of nominations for two seats on the Park & Recreation Advisory Board B. Usage report for Adele Grage Community Center C. Approval of bid #9293-29 Jordan Park rest- room facility D. Approval of Change Order #2 relative to Chlorine Contact Facility Commissioner Waters asked that Item D be removed from the Consent Agenda. EDWARDS X X Motion: Approve passage of consent agenda FLETCHER X X with the exception of Item D WATERS X No discussion before the vote. The motion carried GULLIFORD X unanimously. D. Approval of Change Order #2 relative to Chlorine Contact Facility Commissioner Waters asked if the addition of this small on-site lab was in the form of a kit and, if so, if it would be feasible for city crews to undertake its construction. Mr. Kosoy replied the contractor would do the plumbing and installation and that it was a good price. He indicated city crews would not be able to undertake the work more economically. Motion: Approve Consent Agenda Item D, Change EDWARDS X X Order No. 2 for Buccaneer chlorine contact FLETCHER X improvements WATERS X X GULLIFORD X No discussion before the vote. The motion carried unanimously. Mayor Gulliford explained Item 5A of the Consent Agenda which was approved by the Commission appointed William M. Dutter and Caroline Wright to the Advisory Recreation V V Page 8 NAME OF October 11, 1993 COMMRS. MSYN Board, each for a four year term beginning October 1, 1993. Agenda Item 9A was taken out of sequence and acted upon at this time. A. Code Enforcement Appointments Mayor Gulliford announced George Bull had resigned as Chairman of the Code Enforcement Board, and he nominated Lou Etta Waters to replace Mr. Bull for a three year term ending September 30, 1996. He indicated Ed Martin' s term on the Code Enforcement Board had expired and he suggested since Mr. Martin had filled an unexpired term and had only served on the board for two years, that Mr. Martin be reappointed to serve for a three year term ending September 30, 1996 . He indicated since Suzanne Shaughnessy was elected to serve as a City Commissioner it was necessary for her to resign from the Board. He nominated Theo Mitchelson to fill the unexpired term of Ms. Shaughnessy, said term to expire October 1, 1994. Motion: Appoint Lou Etta Waters, Ed Martin, EDWARDS X X and Theo Mitchelson to serve on the Code FLETCHER X Enforcement Board, terms stated above WATERS X X GULLIFORD X Commissioner Fletcher thought it would be prudent to nominate a resident from Section H to serve on the Board to fill the expired term of Ed Martin. The question was called and the vote resulted in 3-1 with Commissioner Fletcher voting nay. The motion carried. At this time Mayor Gulliford called a recess from 8: 50 p. m. until 9 :00 p. m. 6. Ordinances: A. Ordinance #90-93-161 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH AMENDING THE ZONING CLASSIFICATION OF PROPERTY KNOWN AS THE SIX RESIDENTIAL LOTS ON THE NORTH SIDE OF CORNELL LANE, ALSO KNOWN AS R. E. NUMBERS 177476-0500, 177545-0000, 177545- 0010, 177423-0010, 177421-0000, 177535-0000, FROM RS-2 SINGLE FAMILY TO RG-3 MULTI FAMILY; AMENDING THE OFFICIAL ZONING MAP TO REFLECT THIS CHANGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, ordinance #90-93-161, said ordinance having been posted in accordance with Charter requirements. He opened the V V Page 9 NAME OF October 11, 1993 COMMRS. MSYN floor for a public hearing and invited comments from the audience. William Kirkpatrick, 95 Saratoga Circle South, reminded the Commission that a petition in opposition to the rezoning was presented some time ago and signed by 95% of the residents of Saratoga Circle. The Commmission indicated they had received a copy of the petition. It was felt by some residents that this HUD project should be scattered throughout the beaches area, because the proposed site already included many apartments and high density. Louis MacDonell, owner of two lots in the rezoning application, said more dense zoning was needed so the homes could be built on 50-foot wide lots. Glenn Richards, who had an option to buy the land and build the homes for HUD, explained the HUD plan would have reduced the density on the combined properties by a handful of units. He indicated the 2. 2 acre parcel was already zoned for construction of 37 townhouses. He explained the homes were to be part of the "scattered site" housing that replaced the massive Blodgett Homes project near downtown. Mr. MacDonnell indicated Bryan Hensley of HUD could not be in attendance and he requested the Public Hearing be continued. Bill Connell, Community Development Council, asked what type of studies had been done to determine the impact of traffic on Mayport Road. A long discussion ensued and several residents indicated their feeling that this type of cluster housing was unsuccessful . Mayor Gulliford indicated he had been asked by Mr. MacDonnell to continue the public hearing until the next Commission meeting, and a discussion ensued pertaining to whether or not the public hearing should be closed. Motion: Close public hearing EDWARDS X FLETCHER X X Commissioner Fletcher indicated the matter had been WATERS X X continued two or three times and he felt the Commission GULLIFORD X had a duty to the citizens to make an effort to take action. Motion: Approve passage of Ordinance EDWARDS X X #90-93-161 on final reading FLETCHER X WATERS X X GULLIFORD X V V Page 10 NAME OF October 11, 1993 COMMRS. MSYN George Worley, City Planner, indicated staff was opposed to the rezoning of the property as it was felt HUD housing would not be beneficial to the City. He indicated if the property was rezoned there was no guarantee HUD would proceed with its plans to build the project, and if HUD did not build, the property would remain rezoned leaving it open to higher density. Don Wolfson, Community Development Board, explained the Board was not aware of the opposition of residents to this project when it was acted on. Had he been aware of the opposition, he added, he would not have voted for the project. Bob Frohwein, Community Development Board, explained he was not aware of opposition from the neighborhood and thus, he also would have voted against the project. The question was called and the vote resulted in 1-3 with Commissioners Fletcher, Waters, and Mayor Gulliford voting nay. B. Ordinance #58-93-19A - First Reading Mayor Gulliford presented in full, in writing, Ordinance #53-93-19A. AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI, EMPLOYEE BENEFITS, DIVISION 3, RETIREMENT SYSTEM, BY ALLOWING VOLUNTARY RETIREMENT FOR POLICE OFFICERS AND FIREFIGHTERS AT AGE 50 YEARS WITH 20 OR MORE YEARS CREDITED SERVICE OR AT ANY AGE WITH 25 OR MORE YEARS OF CREDITED SERVICE (SEC 2-276(b) ) , BY ELIMINATING THE SERVICE REQUIREMENT FOR POLICE OFFICERS AND FIREFIGHTERS FOR DISABILITY IN THE LINE OF DUTY (SEC. 2-279(a) ) , BY INCREASING THE BENEFIT FACTOR FOR ALL EMPLOYEES (SEC. 2-281) , BY INCREASING MEMBER CONTRIBUTIONS (SEC 2-298(a) (b) ) , AND PROVIDING AN EFFECTIVE DATE. Motion: Approve passage of Ordinance #58-93- EDWARDE X X 19A on its first reading and set public FLETCHR X hearing for October 25, 1993 WATERS X X GULLIFORD X Kirk Wendland inquired when the ordinance would go into effect, to which the Commission advised there would be no retroactivity. The question was called and the motion carried unanimously. V V Page 11 NAME OF October 11, 1993 COMMRS. MSYN 7. New Business: A. Discussion and related action regarding the proposal of water service to undeveloped property in Section H Bob Kosoy, Public Works Director, explained this related to property on Begonia Street. He indicated Jeff Alfred requested permission to construct only a 2" water service instead of constructing a 6" main, as required by the City. Mr. Kosoy added two conditions had not yet been met by the applicant: ( 1 ) Complete design plans, sealed by a licensed Florida professional engineer, must be submitted showing complete construction details and materials, ( 2 ) the water line extension would require a HRS permit signed and sealed by a licensed Florida professional engineer. Mr. Kosoy indicated Mr. Alfred wished to construct a 2" water service from the northwest corner of the intersection of West 9th and Begonia Streets, and staff would approve this concept if the applicant were willing to sign an agreement with the City that this 2" water service would be a temporary connection. The agreement shall state that if the City decided to extend a 6" water main north on Begonia Street from West 9th Street, the applicant would be required to connect to this main and pay any necessary connection and impact fees. Mr. Alfred indicated he had submitted plans to the office of Mr. Kosoy. Mr. Kosoy, however, indicated his office had no record of receiving plans. It was determined Mr. Alfred had not obtained a receipt from the office of Mr. Kosoy that plans had been received. It was agreed that Mr. Alfred would submit a set of sealed plans to the office of Mr. Kosoy. Motion: Approval to Bob Alford to construct a EDWARDS X X 2" water service instead of a 6" main from the FLETCHER X X northwest corner of the intersection of West WATERS X 9th and Begonia Streets GULLIFORD X The question was called and the motion carried unanimously. B. Discussion and related action concerning Use by Exception filed by Pan Am Mini Storage, Inc. to allow outside, on-site storage of vehicles George Worley explained Pan Am Mini Storage desired to store operable automobiles outside of structures at their V V Page 12 NAME OF October 11, 1993 COMMRS. MSYN business on Mayport Road. The vehicles would be parked in designated parking spaces and stored both short term and long term. He explained the Community Development Board heard this request and upon finding that the use would not be incompatible with adjoining uses recommended that the requested Use-by-Exception be granted with the following conditions attached: the exception be granted to Pan Am as owner, only; that no storage of inoperable vehicles be permitted, and that on the second conviction by the Code Enforcement Board for storage of inoperable vehicles the Use-by-Exception would be revoked. Mayor Gulliford opened the floor for a public hearing and invited comments from the audience. Terence P. Kane, representing Pan Am, explained Pan Am had been a responsible business in the City and urged the Commission to vote for the Use-by-Exception. George Worley cautioned that other mini-warehouses might also apply for Uses-by-Exception. Since no one wished to speak further the Mayor closed the Public Hearing. Motion: Approve Use-by-Exception for Pan Am EDWARDS X X Mini Storage to store operable automobiles FLETCHER X outside of structures at their business WATERS X X located at 2383 Mayport Road with stipulations GULLIFORD X as stated above The question was called and the motion carried unanimously. C. Discussion and related action concerning Use by Exception filed by Bahraim Venus to operate a used car sales business at 1420 Mayport Road George Worley explained Bahraim Venus desired to operate a used car sales business at 1420 Mayport Road. He indicated the property was zoned CG and used auto sales were permitted by exception in the CG district. He explained the Community Development Board heard this request and found that the proposed business would not be incompatible with the zoning or use of neighboring properties, and recommended approval with the clear stipulation that no inoperable vehicles would be on site at any time. Mayor Gulliford opened the floor for a public hearing and invited comments from the audience. V V Page 13 NAME OF October 11, 1993 COMMRS. MSYN Since no one wished to speak the Mayor closed the public hearing. Motion: Approve Use by Exception for Bahraim EDWARDS X X Venus to operate a used car sales business at FLETCHER X 1420 Mayport Road with the clear stipulation WATERS X X that no inoperable vehicles be permitted on GULLIFORD X the site. No discussion before the vote. The motion carried unanimously. D. Discussion and related action regarding appeal of decision for a variance application to front setback requirements George Worley, City Planner, reported Safa Mansouri, representing PBD, Inc. , and Dr. W. Fleming, owner of property, appealed to the Community Development Board for a Variance to the required front setback at 2209 Alicia Lane to construct a home which would encroach the front yard setback. The proposed construction of a three car garage would place the front edge of the building at a point 16 feet from the front property line. It was explained the lot had an existing slab designed for a two car garage which was never fully constructed. The slab cannot accommodate the proposed three car garage without either encroaching the front setback or substantial modification to the slab and proposed building design. Mr. Worley reported the Community Development Board deliberated the matter paying particular attention to the fact that the slab was pre-existing, that the proposed encroachment was avoidable, though at some cost to the buyer, and that the buyer was aware of the dimensions and placement of the slab from the beginning of his interest. Mr. Worley indicated both the developer and the buyer knew the size and placement of the slab. He explained the encroachment would place a portion of the structure closer to the street than was permitted to the adjacent properties, and he indicated staff recommended the denial of the Community Development Board be upheld. Commissioner Waters felt the case was one of hardship because the owner had to place a slab prior to the to the coastal construction setback line going into effect. Safa Mansouri presented a letter from the owner, J. Wesley Fleming, M.D. , and explained it was not possible V V Page 14 NAME OF October 11, 1993 COMMAS. MSYN for Dr. Fleming to attend the meeting. He explained the letter indicated Dr. Fleming' s elderly parents would be living with him and he needed more space to allow for easy access to the elevator by wheelchair. Don Wolfson, Community Development Board, explained he had visited the site and did not feel there was a hardship. He felt it would not be prudent to grant a priviledge to one owner when the Board would not be granting the same privilege to some one else in the area. Bob Frohwein, Community Development Board, agreed the existance of hardship was not clearly defined. Mayor Gulliford suggested amending the application to describe hardship. EDWARDS X X Motion: Reverse Community Development Board' s FLETCHER X decision and approve variance to the required WATERS X X front setback GULLIFORD X The question was called and the vote resulted in 2-2 with Commissioner Fletcher and Mayor Gulliford voting nay. The motion failed. 8. City Manager Reports and/or Correspondence: A. Police report - sppeding monitored in areas of Atlantic Beach Police Chief David Thompson reported police had conducted a visual inspection of Ocean Boulevard and observed over 800 cars at all times of the day and week. The average speed was 27 miles per hour, and there were very few traffic accidents. Chief Thompson recommended against any traffic controls. B. Authorization to sign Anti-Drug Abuse grant certificate Chief Thompson asked for authorization to sign an Anti- Drug Abuse grant certificate. He explained the grant was in the amount of $17, 688 from the Department of Community Afffairs, and that 75% would be federal monies with 25% matching city funds. Funds would be used for drug enforcement and initiatives dealing with drug programs in the Community. Motion: Authorize signed of Anti-Drug Abuse EDWARDS X grant certificate FLETCHER X X WATERS X X No discussion before the vote. The motion carried GULLIFORD X unanimously. V V Page 15 NAME OF . October 11, 1993 COMMRS. MSYN Kirk Wendland reported the city had prepared request for proposals for selection of banking services. Motion: Approve sending out request for EDWARDS X X proposals for selection of banking services FLETCHER X X WATERS X No discussion before the vote and the motion carried GULLIFORD X unanimously. Kirk Wendland reported Purvis Gray had submitted a proposal to do an audit for the City for the upcoming year at no additional cost. Motion: Approve hiring of Purvis Gray to do EDWARDS X audit for upcoming fiscal year at no FLETCHER X X additional cost WATERS X X GULLIFORD X Mayor Gulliford indicated it was the intent of the city not to remain with an auditing firm for more than a three year period. He felt it would be in the city' s best interest to send out request for proposals for the upcoming year audit. The question was called and the vote resulted in 1-3 with Commissioners Edwards and Waters and Mayor Gulliford voting nay. The motion failed. Commissioner Waters reported Sherette Simpkins, Suzanne Shaughnessy, and himself would be attending a seminar by the Florida League of Cities concerning CDBG funds. Mayor Gulliford reported he had received a proposal to privatize the city' s fire department and he appointed a committee of Deputy City Manager Jim Jarboe, Fire Chief Ron Williams and City Commissioner-elect Steve Rosenbloom to study the proposal from Stat-Line Industries, Inc. which promises to save taxpayers approximately $60, 000 annually in the operation of the city' s fire department. The committee was asked to report back to the Commission with their findings. There being no further business the 0 4 adjourned the meeting at 10:30 p. m. 1 I kA \, AL ../I 1 Wi liam I. Gull 'f'rd PI Mayor/Presiding Off ATTEST: Mau een King, Cit Cler . CITY OF r tt e dead - �to uda ~ 800 SEMINOLE ROAD ATLANTIC BEACH,FLORIDA 32233-5445 ` + TELEPHONE(904)24'1-5800 FAX(904)24'x5805 October 4, 1993 MEMORANDUM TO: Kim D. Leinbach, City Manager FROM: Joan LaVake, Purchasing Agent RE: PRE-QUALIFICATION OF BIDDERS AWARDS OF CONTRACTS FOR CONSTRUCTION, RECONSTRUCTION, REPAIRS OR OTHER WORK ON CITY FACILITIES AND EQUIPMENT There are submitted herein, for your approval, statements of policy and procedure to maintain a current list of responsible, pre-qualified bidders, to be called the City of Atlantic Beach Qualified Bidders List (QBL) for the award of contracts for construction, reconstruction, repairs, or other work involving City facilities and equipment, when the estimated cost therefor exceeds $100,000.00. For these types of awards, the bidder receiving the award must come from the QBL. To encourage maximum bidding competition, City bidding documents will allow prospective bidders not already on the QBL to submit QBL appli- cations to the City five (5) days prior to bid opening, allowing time for staff to perform the evaluations, The Invitation to Bid, which is advertised in the Florida Times-Union, and is the basis of the bidding documents provided to potential bidders, will contain the following statement: "PRE-QUALIFICATION: All bidders must submit data establishing their eligibility to submit proposals, which must be received no later than five (5) business days prior to the bid opening date, if not previously qualified by the City of Atlantic Beach for the fiscal year (October 1 through September 30) . Pre-Qualification Application available from the Purchasing Agent, telephone (904) 247-5818, and, upon completion, submitted to: Purchasing Agent City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233" 12 \o r The pre-qualification package will contain an application for inclusion on the QBL, a general listing of the types of construction, recon- struction and repair work for which the City will maintain a QBL (contractor must indicate type of work applied for) . A questionnaire will accompany the application, asking for evidence that the contractor has been in business for at least the preceding 36 months, copies of local, state or federal occupational licenses relevant to City projects, the name of the bonding company normally or recently used, and, in some cases, financial statements. The questionnaire will also ask for a list of completed projects which will be used as a check of references. The Purchasing Agent, together with such members of staff who have technical expertise and experience in the various categories of projects maintained in the QBL, will evaluate and process the applications, place successful applicants' names on the QBL, and in all cases advise contractors in writing of approval or disapproval. Bids received from bidders not on the QBL shall not be opened and evaluated. These bidders will be advised of this action by the Purchasing Agent immediately after the bid opening, and the bids returned, unopened, to the bidders. The fact that a company is on the QBL will not obligate the City to make an award to that company if it submits a low bid which is unresponsive to the bid specifications. A contractor will be removed from the QBL (1) if he is included on the State of Florida Convicted Vendor List (the Purchasing Agent has the responsibility to monitor this list and compare with the QBL for possible action) ; (2) if he, as an individual or a corporation, is convicted of a public entity crime within the past three years, or (3) for unsatisfactory or marginal performance as a contractor or subcontractor under a City contract, documented by City staff. A contractor removed from the QBL may reapply three years after removal. The Purchasing Agent is responsible for the maintenance and implementation of this procedure. cc: Kirk R. .Wendland, Director of Finance