Loading...
07-12-93 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, JULY 12, 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 June 28, 1993 2. Proclamations: A. Proclamation declaring Fleet Landing residents as Honorary Firefighters 3. Recognition of Visitors: 4. Old Business: A. Public hearing to consider the request of Thomas Dorn to waive the provision concerning the distance of a like business being within 1,500' of another B. Request approval of Change Order No. 2 for sanitary sewer rehab of Ahern and 9th Streets and Seminole Road (PW Dir. Bob Kosoy) 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. Water and Sewer Committee report B. Final payment for Section H project C. Approve bid #9293-22 Water main improvements for Coquina Place and East Coast Drive D. Approval of Bid #9293-23 housing rehabilitation E. Usage report for Adele Grage Community Center for June 6. Ordinances: A. First reading of Ordinance relative to hawkers 7. New Business: A. Request approval of project acceptance of Selva Linkside Unit 2, Phase I (PW Director Robert Kosoy) 8. City Manager Reports and/or Correspondence: A. Report and presentation of a check towards the purchase of a defibrillator for the Fire Department 9. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment REMINDER: Meeting beginning at 6:15 p.m. in the Commission Chambers relative to hurricanes and predictions of same. • MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE V V ROAD, AT 7 : 15 P . M. ON MONDAY, JULY 12 , 1993 O O T T PRESENT: William I . Gulliford, Jr. , Mayor E E Glenn A. Edwards D D Adelaide R. Tucker, and J. Dezmond Waters, III, Commissioners M S AND: Kim D. Leinbach, City Manager O E Alan C. Jensen, City Attorney T C Maureen King, City Clerk I O Y ABSENT: Lyman T. Fletcher (excused absence) NAME OF ONEN The mPetina was called to order by Mayor COMMRS. N D S 0 Gulliford. The invocation, offered by Commissioner Edwards, was followed by the pledge to the flag. 1 . Approval of the minutes of the regular meeting of June 28, 1993 Edwards x x Motion: Approve minutes of the Tucker x x regular meeting of June 28, 1993 Waters x Gulliford x No discussion before the vote. The motion carried unanimously. Bob Kosoy, Public Works Director, pointed out what he perceived to be a discrepancy in the minutes of June 14 , 1993 relative to a joint venture with the City of Jacksonville to place sidewalk and roadway widening/resurfacing of Church Road, west of Mayport Road, at a cost of $14, 093 . 22 . Under discussion, Mr. Kosoy felt the minutes should have been recorded as follows: "Commissioner Waters requested that the sidewalk continue on the South side of Church Road from Mayport Road to the end of the Road. Bob Kosoy explained the sidewalk would be on the south side from George Street to Donner Park. " 2 . Proclamations: A. Proclamation declaring Fleet Landing residents as Honorary Firefighters Mayor Gulliford presented a Proclamation declaring Fleet Landing residents as Honorary Firefighters . He explained contributions in the amount of $4,730 were received from Fleet Landing which enabled the city to purchase an automatic electronic defibrillator to provide better emergency treatment of heart attack victims . He reported five Page 2 July 12 , 1993 v V NAME OF COMMRS. MSYN additinnal ot,r.r. had been received fr.,m Fleet Landing. 3 . Recognition of Visitors : Bob Weiss, 253 Seminole Road, requested that the city consider doing additional business with Barnett Bank, especially considering recent cooperation from Barnett Bank in connection with the $10 , 000 , 000 loan. Tom Doomas, 32nd Avenue South, Jacksonville Beach, indicated he was a representative of First Union National Bank. He indicated First Union desired to finance additional construction at The Courtyards of Mayport in an effort to provide affordable housing. He suggested the City and First Union form a public/private partnership to facilitate the development of low to moderate income housing and requested some type of waiver of impact fees to accomplish this goal . Mayor Gulliford felt the Commission lacked the ability to make concessions because of bond covenants . He advised Courtyards of Mayport was not within the limits of the City. He suggested Commuinity Development funds were available that perhaps could be applied to impact fees . Since this was out of the boundaries of the City he suggested the City of Jacksonville could assist, along with the City of Atlantic Beach. Alan Jensen, City Attorney suggested favorable financing might be another alternative that could be pursued. Mr. Jensen was asked to research the matter, make contact with the City Manager, and report back to the Commission at the meeting of July 26 , 1993 . 4 . Old Business: A. Public hearing to consider the request of Thomas Dorn to waive the provision concerning the distance of a like business being within 1 , 500 ' of another Mayor Gulliford presented a request to open a retail wine shop at 645 Atlantic Boulevard. He explained under city law the proposed business would be too close (within 1 , 500 feet ) to another establishment that sold alcoholic beverages . He added the provision that prohibited the opening of a business that sold alcoholic beverages within 1 , 500 feet had existed in the City' s Code for a number of years . Page 3 V V July 12 , 1993 NAME OF COMMAS. MSYN Mayor Gulliford opened the floor for a public hearing and invited comments from the audience. Ruth Gregg, 905 Sailfish Drive, explained the purpose of the 1 , 500 ft. provision was to prevent too many businesses that sold alcoholic beverages from locating close to residential sections . Elizabeth James, owner of "On the Boulevard" , urged the commission to protect her franchise . She felt if the request was granted the business at 645 Atlantic Boulevard would be on the doorstep of "On the Boulevard" business. David Cole, Neptune Beach, felt the intent of the provision was so that businesses selling alcoholic beverages would be located 1 , 500 ft. away from schools or churches. With reference to the case under discussion, he added, the proposed business would not be located within 1 , 500 ft. of any churches or schools . Steve Jarrett, 1040 24th Street, Jacksonville Beach, asked the Commission to take action on the matter because a real estate transaction was being held up pending outcome of the matter. Kathleen Cole, Neptune Beach, advised the proposed establishment would not be 1 , 500 ft . from "On the Boulevard. " She added there would be no consumption on the premises . The proposed business would be strictly package sales of fine wines. Thomas Dorn, Gainesville, advised he was the proposed owner and he felt there was no desirable location in Atlantic Beach which would not violate the 1 , 500 foot rule . He added there were several existing examples of establishments selling beer and wine within the specified buffer zone. Since no one wished to speak further the Mayor closed the Public Hearing. Edwards x Motion: Grant waiver of provision Tucker requiring a 1, 500-foot separation Waters x requirement for sale of alcoholic Gulliford beverages to Thomas Dorn to open a retail wine shop at 645 Atlantic Boulevard Commissioner Waters stated the proposed business was not a bar and there would be no on-site consumption. He felt the business should be licensed to sell packaged beer and wine only, so Page 4 July 12 , 1993 v V NAME OF that no one would be able to open a bar-type COMMRS. MSYN business at a later time . Edwards x Substitute Motion: Grant waiver of Tucker provision requiring a 1 , 500-foot Waters x separation requirement for sale of Gulliford alcoholic beverages to Thomas Dorn tc open a retail wine shop at 645 Atlantic Boulevard, for off-site consumption of alcoholic beverages only George Worley, City Planner, advised on-site consumption of alcoholic beverages would require a Use by Exception. Commissioner Waters indicated he was under the impression an amendment to the code was being prepared to allow for an appeal of this nature . Alan Jensen replied the amendment to the code woul. be brought before the Commission upon the return o Commissioner Fletcher. Alan Jensen added there wa no provision in the existing code to waive 150 sea requirement or 1 , 500 foot requirement . Mayor Gulliford felt it was not up to the city to regulate types of businesses that desired to come to the city. He questioned whether it was a function of government to set some distance betwee one business and another. He felt the ordinance should be changed rather than set a precedent for bypassing the law. He added such an amendment would be ready by the July 26 , 1993 meeting. Edwards x x Motion: Defer action until meeting Tucker x x of July 26 , 1993 Waters x Gulliford x Steve Jarrett desired the Commission to take action on the matter. He indicated presently there were establishments that were operating less than 1 , 500 feet from each other, and he asked for equal consideration for the proposed business . He indicated he was under the impression that the Commission was going to act on this request at this meeting, and he was afraid the matter would be postponed again and again. It was explained an amendment to the code would be on the July 26 , 1993 agenda for first reading, but that action on the request to waive the 1 , 500 ft . restriction would be taken at the meeting on July 26 , 1993 . Page 5 V V July 12, 1993NAMEOF COMMRS. MSYN The question was called on the motion to defer action until the July 26, 1993 meeting. The motion carried by a 3-1 vote, with Commissioner Waters voting nay. B. Request approval of Change Order No. 2 for Sanitary sewer rehab of Ahern and 9th Streets and Seminole Road Bob Kosoy presented change order No. 2 for Sanitary sewer rehabilitation of Ahern and 9th Streets and Seminole Road. He indicated the design drawing had been completed by J. Lucas and Associates, Inc. , Engineers for the Extension of the Sanitary Sewer Line on 18th Street from Seminole Road to Ocean Grove Drive . In addition, he added the City had an approved permit from Bio-Environmental Services for this sewer line extension. The Contractor had submitted a change order of $27 ,336 . 76 to complete this work. He reported since this work was not part of the Capital Improvement Plan and was an addition to the Beach Avenue project, monies would have to be obtained from assessing the property owners for this sewer main. A discussion ensued and it was determined two property owners who would be assessed in connection with this project had not been notified by City staff . Commissioner Waters felt the existing sewer line on Ocean Grove should be extended to the end of that street, and thus avoid excessive cost to the homeowners on 18th Street. Bob Kosoy explained plans for such an extension had been included in a plan to install sewer lines down Beach Avenue, but when residents voted against the Beach Avenue project, the Ocean Grove plans were also abandoned. Bob Kosoy was instructed to contact the homeowners who would be impacted for the cost of the project and report back to the Commission at the meeting of July 26 , 1993 , at which time the change order will be brought back for consideration. Mr . Kosoy indicated he would also prepare costs to complete sewage of Ocean Grove Drive pursuant to the suggestion of Commissioner Waters . 5. Consent Agenda: A. Water and Sewer Committee Report B. Final payment for Section H project Page 6 V V July 12 , 1993 NAME OF COMMRS. MSYN C. Approve bid #9293-22 Water main improvements for Coquina Place and East Coast Drive , D. Approval of Bid #9293-23 housing rehabilitation E. Usage report for Adele Grage Community Center for June Commissioner Waters requested Items A and C be withdrawn from the Consent Agenda. Edwards x x Tucker x x Motion: Approve passage of Consent Waters x Agenda with the exception of items A Gulliford x and C No discussion before the vote . The motion carried unanimously. A. Water and Sewer Committee Report Commissioner Waters referred to Item 1 . of the Water and Sewer Committee Report #43 dated July 6 , 1993 . He objected to the time frame of 24 months given to residents to connect to the City sewer. Commissioner Waters felt it was agreed in the past that homeowners would not have to connect as long as their septic tanks were operating properly. It was agreed it was the city' s policy not to require homeowners to connect to the city' s sewer lines if septic tanks were in proper working condition. Edwards x x Motion: Accept Water and Sewer Tucker x Committee Report #43 dated July 6, Waters x x 1993 Gulliford x No discussion before the vote. The motion carried unanimously. C. Approve bid #9293-22 Water main improvements for Coquina Place and East Coast Drive Commissioner Waters was concerned regarding staff' s recommendation to accept the second lowest bid from AA Site & Utility Contractors in the amount of $128, 215 . 72 for water main improvements for Coquina Place and East Coast Drive because the bid was $14 . 365 , 72 over budget. Commissioner Waters asked why this was placed on the consent agenda for action . He asked where the additional money was coming from , to which it was explained the money was coming from the Capital Improvement Plan Project 2D, Atlantic Beach Water. Mr. Kosoy explained when the Capital Improvement Plan was developed the City tried to come up with accurate figures. While it was understood some of Page 7 v V July 12 , 1993 NAME OF COMMRS. MSYN the projects would have to be deferred if the projects continued to be over budget, it was the goal not to have that happen . Unfortunately some of the projects were coming in above the city' s estimates; therefore, some of the projects would have to be deferred. It was explained the original budgeted amount was $114 , 815 and the low bid was $123 , 599 . 30 . However, staff recommended the bid be awarded to the second lowest bidder because the low bidder failed to provide references . It was recommended the bid be awarded to the second lowest bidder at $128 , 215 . 72 which was $14 , 000 over budget , which would enable water lines to be constructed on Third and Eighth Streets. Mr. Kosoy indicated residents were concerned about getting adequate water pressure, and thus this was a very important project . A discussion ensued relative to the reason the lowest bid was not recommended. It was explained it was plainly indicated what the city required in its bid package and, if a bidder did not meet all bid requirements staff felt they had no choice but to recommend against the bidder. With reference to the matter under discussion, the low bidder did not include references in his hid package . Edwards x Motion: Approve Item C on the Tucker x x Consent Agenda and award contract as Waters x x recommended by Staff Gulliford x The question was called and the motion resulted in a vote of 2-2 . The motion failed. A discussion ensued concerning whether the lowest bidder was capable and should be considered even though he did not include references in his bid package . It was explained staff was not authorized to vary specifications; however, the Commission had the authority to waive what it considered to be technicalities . The Mayor cautioned not recommending the lowest bidder when taxpayers ' money was being spent . Mr. Kosoy explained the bid requirements spelled out exactly what the contractors were required to include in their bid package, and he was not familiar with the low bidder who submitted no references . Alan Potter felt requirements were in place and should be respected. It was decided that this matter would be considered at the next Commission meeting. • Page 8 V V July 12 , 1993 NAME OF COMMRS. MSYN Motion: Defer Item C on the Consent Edwards x Agenda until the next meeting of July Tucker x_ x 26, 1993 Waters x x Gulliford x No discussion before the vote . The motion carried unanimously. Reference was made to Item B of the Consent Agenda, Final payment request, Section H. Bob Kosoy advised the commission that staff had contacted the consulting engineer on July 12 , 1993 and it was Mr. Kosov' s assumption that the consulting engineer had already received from Barco a release of liens, a release from surety, and a release from the contractor, but the consulting engineer could not affirm that a release of liens had been received from Barco. Mr. Kosoy advised the last time any work was done was about a year and one-half ago, and it was determined Barco was well outside lien rights . Commissioner Waters asked who was responsible for the wall that collapsed at the retention pond in Section H. Mr. Kosoy replied this was constructed properly by the contractor, but the design was incorrect . Mr . Kosoy was asked to discuss the problem of the inaction that had been evidenced by the design engineers relative to this matter with the City Attorney. 6 . Ordinances : A. Ordinance #70-93-11 Mayor Gulliford presented in full, in writing, Ordinance #70-93-11 . AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 20 , TAXATION, ARTICLE III , OCCUPATIONAL LICENSE TAX, SEC. 20-51 DEFINITIONS , TO PROHIBIT "HAWKERS" WITHIN THE CITY OR ON THE CITY BEACH, AND PROVIDING AN EFFECTIVE DATE . Motion: Approve passage of Ordinance EdwardsTx cker x x #70-93-11 on its first reading and Waters set public hearing for July 26, 1993 Gulliford x No discussion before the vote . The motion carried unanimously. 7 . New Business: Page 9 July 12 , 1993 V V NAME OF COMMRS. MSYN A. Request approval of project acceptance of Selva Linkside Unit 2 , Phase I Brh Kosoy reported Phase I was the area that was paved from Sandpiper Lane to the end of the paved area, and Phase II was the portion that was not yet paved. He reported all documentation had been received from C & J Utilities, the contractor for Centex Homes, it was the recommendation of staff that Phase I of the project be accepted. Edwards x x Motion: Approve Acceptance of Selva Tucker x x Linkside Unit 2 , Phase I haters x Guilford x Commissioner Edwards asked if the drainage had been property corrected, to which Mr. Kosoy replied he had not received any complaints regarding drainage . Commissioner Waters referred to an access that goes through the city yard and he asked if the access was constructed of concrete . Mr. Kosoy explained the access was concrete and covered with crass , He added it was not accessible to the public, but only from the Public Works yard and that it was an easement between two homes . Mr . Kosoy explained Unit 2 , Phase I was the area that was paved and that the Commission was accepting the streets, the storm drainage, water, sewer and all work involved in Phase I . The question was called and the vote resulted in all ayes . The motion carried unanimously. 8 . City Manager Reports and/or Correspondence: Kim Leinbach, City Manager, introduced Fire Chief Ron Williams . Chief Williams reported he received a check from Sevilla Condominium Association for $1 . 325 toward the purchase of a defibrillator whict. brought the total collected to $8 , 500 . 00 . He reported staff was seeking bids to buy its first machine . Kim Leinbach reported the EPA had put the City on an inactive status regarding a pH monitoring infraction. Bob Kosoy explained the city' s pH meters were struck by lightening, and the City Manager and City Attorney visited Atlanta to explain the City' s position to EPA. Correspondence had recently been received from EPA advising they wished to fine the City $20, 000 for this Page 10 July 12 , 1993 V V NAME OF COMMRS. MSYN infraction, and Mr . Kosoy reported staff intended to fight this fine. Kirk Wendland, Finance Director, advised it would be necessary to set a tentative millage rate by the end of July. He advised it would be necessary to to call a special meeting next week to submit the General Fund Budget and to set the millage rate to comply with TRIM. Kim Leinbach asked the Commission to accept the proposal of Pitman, Hartenstein & Associates, Inc . in the total amount of $11 , 194 . 00 for engineering services in connection with Contract Authorization No. 4, Short Term Residual Management Study/Program . He explained Pitman, Hartenstein & Associates proposed to develop, examine, evaluate and implement immediate short term alternative methods of sludge treatment in order to comply with the residual management and quality requirements . Edwards x Motion: Approve Contract Tucker x x Authorization No. 4, Pitman, Waters x x Hartenstein & Associates, Inc. , Short Gulliford x Term Residual Management Study/Program in the amount of $11 , 194 . 00 No discussion before the vote . The motion carried unanimously. Commissioner Edwards reported he had met with Mr. Moore relative to sponsoring a National Pearl Harbor Day of Remembrance on December 7th. Efforts were being made to invite Representative Tillie Fowler to sponsor the bill . Mayor Gulliford asked that a resolution be prepared requesting the participation of Tillie Fowler . Commissioner Waters reported YMCA had provided a schedule of expenses and services provided to the City. Rose Blanchard was asked to check report concerning the number of Atlantic Beach children that participated in YMCA activities . Mayor Gulliford asked Alan Jensen to draft a letter to the Supervisor of Elections opposing their suggestion that the beaches purchase ballot % counting equipment. He felt this was a county responsibility. Page 11 v V July 12 , 1993 NAME OF COMMRS. MSYN Mayor Gulliford announced with regret that Ray Salman had resigned from the Water and Sewer Committee . Ray Salman advised the Charter Revision Committee would be meeting with Municipal Code Representatives Tuesday, July 13 , 1993 , at 7 : 00 pm. in the Commission Chambers, and he indicated the public was invited. Mayor Gulliford indicated he had received a letter from Mr. Wilkins regarding handicapped parking at 19th Street beach access . He indicated he was unable to park in the handicapped parking space because the space was being utilized by those who had out-of-date parking permits . Police Chief David Thompson was asked to look into the matter and report at the meeting of July 26 , 1993 . Mayor. Gulliford complained the Atlantic Beach median was in poor condition, and the City Manager advised this matter was being handled. Mayor Gulliford felt there was a need for more cars for the Police Department, and the City Manager advised the Police Chief was requesting three additional cars for next year . There being no further business yor adjourned the meeting at 9 :30 p. 1 . ‘gi 4At Mayor I . Gulliford, , Mayor/Presiding Offi ATTES T: Mau een Ki ng 4 (/ city. Clerk