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Minutes / 01-11-99~' MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, JANUARY 11,1999 PRESENT: Suzanne Shaughnessy, Mayor Richard Beaver Mike Borno John Meserve Theo Mitchelson, Commissioners AND: Public Safety Director Thompson Maureen King, City Clerk Alan C. Jensen, City Attorney ABSENT: James Jarboe, City Manager The meeting was called to order by Mayor Shaughnessy at 7:15 p.m. The Invocation was offered by Commissioner Meserve, followed by the Pledge of Allegiance to the Flag. 1. Approval of the minutes of the Regular Meeting held December 14, 1998. The Mayor asked for corrections or amendments to the minutes. Mayor Shaughnessy referenced page 14 of the minutes and requested that they be amended to reflect that she agreed with Building Official Ford's report that the Jacksonville Electric Authority (JEA) did not recommend using double pane windows in an oceanfront environment as they were not cost effective. Motion: Approve minutes of the Regular Meeting held December 14, 1998 as amended. The minutes were unanimously approved as amended. Approval of the minutes of the Special Called Meeting of December 214,1998. Motion: Approve minutes of the Special Called Meeting held December 21,1998 as presented. f, Mayor Shaughnessy referenced page six of the minutes and commented that the reason she voted against adoption of the resolution was that she felt the the paragraph which was being removed from Resolution 99-1 should have v v 0 0 T T E E S S M S O E T C I O Y O N E N COMMISSIONERS N D S O BEAVER X X BORNO X X MESERVE X MITCHELSON X SHAUGHNESSY X BEAVER X BORNO X MESERVE X X MITCHELSON X X SHAUGHNESSY X Minutes Page -2- ' January 11, 1999 remained in the resolution. The minutes were unanimously approved as presented. 2. Courtesy of the Floor to Visitors: A. Rick Stuart of Peoples Gas Rick Stuart, Community Development Manager for the North Region of Peoples Gas, distributed maps indicating the proposed route of the gas pipeline to serve the Mayport Naval Station. Mr. Stuart indicated that the company had obtained a franchise agreement with the City of Neptune Beach, and they were presently negotiating a right-of--way agreement with the City of Jacksonville Beach. He also stated that he had met with members of the City of Atlantic Beach Committee appointed by Mayor Shaughnessy to discuss use of right-of--way. Mr. Stuart stated that in exchange for use of the right-of--way, Peoples Gas would offer to pay a franchise fee and utility tax (currently 5%) to the City of Atlantic Beach. Mr. Stuart stated that City Manager Jarboe had inquired regarding the feasibility of the city receiving a reduced gas rate for city facilities, but due to Public Service Commission regulations, it was not possible. He indicated that the city may be able to realize "substantial savings on gas costs by purchasing through the Florida Natural Gas Procurement Fund. Mr. Stuart stated his marketing department had been checking into the number of potential commercial customers to be served by the pipeline, and fifty businesses had expressed an interest in using natural gas. He indicated the target date for completion of the line was June 1, 1999. Commissioner Mitchelson inquired as to how the company would serve residential customers or if it would ever provide service to residential areas. Mr. Stuart indicated that providing service to established residential areas would be a slow and gradual progression. He emphasized that the company wished to provide a valuable alternative energy source to the residential, commercial and municipal interests in the city. B. Richard and Katherine Friedman of 1898 Selva Marina Drive Mr. Friedman expressed concern for the following three items: (1) the detiorating condition and lack of maintenance of Selva Marina Drive, (2) OMMISSIONERS M O T I O N S E C O N D Y E S N O t Minutes Page -3- January 11, 1999 the high cost for resident observation on the Buccaneer Wastewater Treatment Plant Expansion Project, which he felt should be done by the City Engineer, and (3) the high cost for the research on the tailwater control system for the Core City Drainage Project. Mayor Shaughnessy suggested that Mr. Friedman review minutes of previous Commission Meetings where these items were discussed and directed Public Safety Director Thompson to meet with Mr. Friedman to discuss his concerns. C. Ann Murphy - Media One Ann Murphy, Community Relations Manager for Media One, presented the city with a check in the amount of $5,000.00 in accordance with their franchise agreement. Ms. Murphy announced that Media One would be helping the City's History 2000 Committee by filming the oral tradition segment of the project. 3. Unfinished Business From the Previous Meeting: A. Consider Upgrading the Windows for the Lifeguard Building (City Commission) Stephen Kuti of 1132 Linkside Drive suggested not installing any windows in the building considering it would tie used only six months of the year. Dorothy Kerber of 3651st Street inquired why the building was changed from three to two stories and suggested the use of glass block instead of windows in the building. Pete Dowling, Contractor for the lifeguard building project, updated the Commission on the project and stated that he had previously recommended upgrading the siding (which was approved by the Commission on December 14, 1998) and the windows. Mr. Dowling further stated that the Commission requested that he research the use of single pane windows in the building, and he found that a regular single pane window would not withstand the wind load requirements for oceanfront use. He reported that to meet the wind load requirements, the pane would have be 1/4" plate glass, which is a special order item, and the city would not realize any cost savings over the double pane upgrade. Mr. Dowling then recommended upgrading the windows to Marvin double pane windows at a cost of $3,548.00. OMDriISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -4- ' January 11, 1999 Commissioner Mitchelson asked for a recap of warranties and Mr. Dowling responded that the Kinco aluminum double pane window had a one year warranty and the Marvin double pane window a ten year warranty. Commissioner Beaver inquired concerning the Marvin window fabrication and was told it was made from aluminum wrapped wood. Mayor Shaughnessy expressed concern that the windows would fog. Mr. Dowling responded that the Marvin windows would be replaced for ten years if that occurred. Commissioner Mitchelson then inquired concerning the use of glass block and it was discussed that although the block would probably last longer, you could not see through it. When asked why windows were needed, Public Safety Director Thompson replied that the second floor would be air conditioned and they were needed for climate control and to prevent deterioration of equipment. In regard to ~~ the inquiry concerning the reduction in the number of stories of the building, it was pointed out that two stories were more cost effective and afforded a better view for adjacent neighbors. Motion: Accept recommendation of Mr. Dowling to upgrade with Marvin v.~indo~vs at a cost of 53,548.00. There being no further discussion, the motion carried unanimously. 5. Committee Reports: Soccer Fields Mayor Shaughnessy requested that the feasibility study for soccer fields be placed on a future agenda as soon as the Recreation Board has made its recommendation. Item SA was taken out of sequence and presented at this time. A. Animal Control Committee Report on Proposed Dog Run Area and Proposed Amendment to Animal Control Ordinance (Sylvia Simmons, Chair) Sylvia Simmons, Chair of the Animal Control Committee, presented the committee recommendation for the proposed dog run area to be located at OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X MESERVE X X MITCHELSON X X SHAUGHNESSY X Minutes Page -5- ' January 11, 1999 either Dutton Island or the Tresca property. It was explained that these sites were chosen because they were located in an undeveloped area and if agreed to, could.be incorporated into the development plans for either location. Ms. Simmons further stated that other sites had been considered in residential areas, but the neighboring property owners were opposed to the idea. It was also reported that the committee recommended a three year limit per animal control ticket/violation. Mayor Shaughnessy thanked the committee for their diligence and recognized those members who were present. 4. Consent Agenda: Commissioner Mitchelson requested that Items B and C be removed from . the Consent Agenda for further discussion. A. Aclcno`vledge Receipt of Report of New Occupational Licenses for December, and Monthly Reports from Building, Code Enforcement and Recreation Departments (City Manager) D. Reject All Bids Received Under Bid No. 9899-9 fora 6-Inch Pump and Engine With Automatic Level Controller (City Manager) Motion: Approve Items A and D as presented. There was no discussion and the motion carried unanimously. B. Award Contract to R.L. Lawrence For Concrete Repair Pursuant to the Specifications of Bid No. 9899-4 (City Manager) Commissioner Mitchelson inquired as to the price quoted for 18-inch concrete and a brief discussion ensued concerning Mr. Lawrence's bid prices. Public Works Director Kosoy explained the bid specifications and stated the repairs were most often made to sidewalks and driveways on public right-of--way. Motion: Accept staff recommendation and award contract to R.L. Lawrence pursuant to the specifications of Bid No. 9899-4. There was no more discussion and the motion carried unanimously. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X riESERVE X X riITCHELSON X SHAUGHNESSY X BEAVER X BORNO X riESERVE X X MITCHELSON X X SHAUGHNESSY X 0 Minutes Page -6- January 11, 1999 C. Accept the Bid of Video Industrial Services, Inc. for Cleaning and Televising Sewer Lines fora 12-Month Period Pursuant to the Specifications of Bid No. 9899-8 (City Manager) Commissioner Mitchelson inquired as to the amount budgeted for the project and Public Works Director Kosoy stated that $30,000.00 vas budgeted for the project. Public Works Director Kosoy briefly explained how the service vas used and stated the service would become an annual contract. Motion: Accept staff recommendation and award contract to Video Industrial Services, Inc. for cleaning and televising sewer lines fora 12-month period pursuant to the specifications of Bid No. 9899-8. There was no further discussion and the motion carried unanimously. 5. Committee Reports: A. Animal Control Committee Report on Proposed Dog Run Area and Proposed Amendment to Animal Control Ordinance (Sylvia Simmons, Chair) This item was taken out of sequence and presented after Item 3. 6. Action on Resolutions: A. Resolution No. 99-1 A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA, HONORING JAMES R. JARBOE FOR SEVEN YEARS OF SERVICE AS A SPECIAL PROJECT AND RESEARCH ANALYST, DEPUTY CITY MANAGER/UTILITIES DIRECTOR, ACTING CITY MANAGER AND CITY MANAGER FOR THE CITY AND CITIZENS OF ATLANTIC BEACH {Commissioner Beaver) The Resolution was read by title only by Mayor Shaughnessy. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BoRNO x MESERVE X MITCHELSON X X SHAUGHNESSY X X ( ' Minutes Page -7- ' January 11, 1999 Motion: Adopt Resolution No. 99-1. City Manager Jarboe was not present to receive the Resolution, and staffwere directed to set up a time when the full Commission could formally present the document to Mr. Jarboe. There vas no further discussion and the motion carried unanimously. B. RESOLUTION N0.99-2 A RESOLUTION CERTIFYING THAT THE BEACHES HABITAT FOR HUMANITY PROGRAM OPERATING IN THE COMMUNITY DEVELOPMENT BLOCK GRANT INCOME ELIGIBLE AREAS OF THE CITY OF ATLANTIC BEACH IS CONSISTENT WITH ~" 1 COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE (City Manager) The Resolution was read by title only by Mayor Shaughnessy. Motion: Adopt Resolution No. 99-2. There was no discussion and the motion carried unanimously. 7. Action on Ordinances: There was no action on ordinances. 8. Miscellaneous Business: A. Waive the Purchasing Requirements and Select Dunlap and Associates, Inc. as Financial Advisors to Assist the City in Expediting the Payoff of the Gulf Breeze Loan (City Manager) Motion: Waive the Purchasing Requirements and Select Dunlap and Associates, Inc. as Financial Advisors to Assist the City in Expediting the Payoff of the Gulf OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X X BORNO X MESERVE X MITCHELSON X SHAUGHNESSY X X BEAVER X BORNO X MESERVE X X MITCHELSON X SHAUGHNESSY X X BEAVER X BORNO X MESERVE X X MITCHELSON X X SHAUGHNESSY X, Minutes Page -8- ' January 11, 1999 Breeze Loan. Commissioner Mitchelson inquired concerning the existing rate of the loan and the current market rate. Finance Director Van Liere stated the loan carried a fixed rate that varied beriveen 7.4 and 7.7% and current market rates were beriveen 4-5%. Finance Director Van Liere indicated the city tivould save approximately $29,000.00 per year by refinancing the loan. Mayor Shaughnessy inquired concerning the cost for the Financial Advisor. Finance Director Van Liere stated the cost vas $5,000.00. There was no more discussion and the motion carried unanimously. B. Authorize Giving Notification by January 23,1999 to the Paying Agent and to the City of Gulf Breeze Loan ~, Program that Atlantic Beach Intends to Refinance the Loan (City Manager) Motion: Authorize Giving Notification by January 23, 1999 to the Paying Agent and to the City of Gulf Breeze Loan Program that Atlantic Beach Intends to Refinance the Loan. . There was no discussion and the motion carried unanimously. C. Appointment to the Recreation Advisory Board to Fill the Unexpired portion of the Term of Mike Levine, Said . Term to Expire October 1, 2000 (Commission) Mayor Shaughnessy stated she would like to appoint DeJean Melacon to fill the unexpired term, and thanked Commissioner Beaver for his recommendation. Mr. Melacon stated he looked forward to working with the Recreation Advisory Board and City. D. Public Hearing and Action On A Request for a Use By Exception Filed By William E. Leider to Operate a Pet Grooming Business on Property Located at 1079 OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X f Minutes Page -9- January 11, 1999 Atlantic Boulevard, Unit 7, Zoned Commercial General (CG)(City Manager) Motion: Accept recommendation of the Community Development Board and approve the Use-By- . Exception Filed By William E. Leider to Operate a Pet Grooming Business on Property Located at 1079 Atlantic Boulevard, Unit 7, Zoned Commercial General (CG), subject to the conditions that it be granted to the applicant only and for this location only. Mayor Shaughnessy opened the public hearing and invited comments. No on wished to speak and the public hearing was declared closed. Mayor Shaughnessy inquired if boarding pets was part of the business operation. Community Development Director Worley stated that there would be no boarding of animals. There was no further discussion and the motion carried unanimously. E. Public Hearing and Action On A Request for aUse-By- Exception Filed By Robert T. Wildharber to Operate a Used Car Dealership With Engine Overhaul, Air Conditioning Service and Other Minor Repairs on Property Located at 1985-1 Mayport Road, Zoned Commercial General (CG)(City Manager) Motion: Accept recommendation of the Community Development Board and approve the Use By Exception filed by Robert T. Wildharber to operate a Used Car Dealership with engine overhaul, air conditioning service and other minor repairs on property located at 1985-1 Mayport Road, zoned Commercial General (CG) as recommended by the Community Development Board. ((1) Ingress and egress be limited to Church Road, (2) that seven on-site parking spaces be clearly designated, (3) that the applicant be permitted not more than five used vehicles for sale at any one time, (4) that the vehicle OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X MESERVE X X MITCHELSON X X SHAUGHNESSY X BEAVER X BORNO X X PIESERVE X X MITCHELSON X SHAUGHNESSY X Minutes Page -10- January 11, 1999 repair business not operate between 9:00 p.m. and 7:00 a.m., and that the use-by-exception be granted to the applicant only and for this location only). Mayor Shaughnessy opened the public hearing and invited comments. No on wished to speak and the public hearing was declared closed. There was no discussion and the motion carried unanimously. F. Approval to Submit an Application for a Best Management Practice Grant (City Manager) Motion: Approve submittal of the grant application and authorize the City Manager to sign the BMP Data Grant Application. Mayor Shaughnessy briefly explained the program and inquired as to why items on page 6 of the application were left blank. Assistant Public Works Director Donna Kaluzniak explained that there was no prior data available for comparison and the information requested could not be supplied on those items Commissioner Mitchelson inquired if this was a matching fund grant and was informed that there were no matching fund requirements. There being no further discussion, the motion carried unanimously. G. Approve Contract With Smith and Gillespie, Engineers, Inc. for Engineering Design for Stormwater Improvements and Replacement at Various Locations, in the Amount of $26,200.00, and Authorize the City Manager to Sign the Contract (City Manager) Motion: Approve contract with Smith and Gillespie, ~-~, Engineers, Inc. for Engineering Design for Stormwater Improvements and Replacement at various locations, in the amount of $26,200.00, and authorize the City Manager to sign the Contract. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X X MESERVE X MITCHELSON X X SHAUGHNESSY X BEAVER X BORNO X X MESERVE X X MITCHELSON X SHAUGHNESSY X ~' Minutes Page -11- January 11, 1999 Commissioner Mitchelson inquired as to the type of projects included in the contract. Public Works Director Kosoy distributed a list of the stormwater improvement projects and stated they were small projects located throughout the city which required engineering design. There was no further discussion and the motion carried unanimously. H. Approve Contract With Smith and Gillespie, Engineers, Inc. for Engineering Design for Waterline Installation and Replacement at Various Locations, and Engineering Design for Water Main Construction on Ardella Road in the Amount of $58,585.00, and Authorize the City Manager to Sign the Contract (City Manager) Motion: Approve contract with Smith and Gillespie, Engineers, Inc. for Engineering Design for Waterline Installation and Replacement at Various Locations, and Engineering Design for Water Main Construction on Ardella Road in the amount of $58,585.00, and authorize the City Manager to sign the Contract. Public Safety Director Thompson distributed copies of the Request for Proposals for the project to the Commissioners. After reviewing the list of projects, Mayor Shaughnessy inquired if any trees would be removed during construction of the watermain on Ardella Road. Public Works Director Kosoy assured the Mayor that every effort would be made to save the trees wherever possible. Mayor Shaughnessy requested that he coordinate efforts with the Tree Board. There was no further discussion and the motion carried unanimously. r^, Mayor Shaughnessy thanked Public Safety Director Thompson for ' the additional information on Items 8G and 8H and welcomed him as the Interim City Manager. OMMISSIONERS M O T I O N S E C O N D Y E S N O BEAVER X BORNO X MESERVE X X MITCHELSON X X SHAUGHNESSY X Minutes Page -12- ' January 11, 1999 9. City Manager Reports and/or Correspondence: Public Safety Director Thompson Distributed a memo regarding his scheduling during the time he will serve as Interim City Manager and stated he would spend time at City Hall each morning, but the remainder of his time would be spent at the Public Safety Building. 10. Reports and/or Requests from City Commissioners, City Attorney and City Clerk Commissioner Meserve Announced that the opening of the Sheriff s Substation would be held Thursday, January 14, 1999 at 4:30 pm. • Felt the Selva Marina Drive maintenance issue should be addressed and suggested that a workshop be held to resolve the matter. Mayor Shaughnessy directed Public Safety Director Thompson to check with the City Attorney first on this matter and then report back to the Commission on the need for the workshop meeting. Commissioner Mitchelson Reported that he had been contacted liy someone interested in applying for the City Manager position and inquired regarding the requirements for the job. Mayor Shaughnessy suggested that anyone interested in applying for the job should submit an application, and it would be reviewed by the City Attorney, Human Resource Director and City Manager to determine whether or not the applicant met the Charter requirements for the position. ~. Commissioner Beaver Expressed concern regarding the steep slope of the ditch OMMISSIONERS M O T I O N S E C O N D Y E S N O ~r1 _ Minutes Page -13- January 11, 1999 along the newly paved Levy Road would cause a traffic hazard. Public Works Director Kosoy indicated that he was aware of problem and a guard rail would be installed by Public Works Department personnel. Referenced a letter written by Patsy Bishop concerning the Dancin' in the Street Festival to beheld in May and requested that it be placed on the next agenda. Mayor Shaughnessy indicated that city code allows the City Manager to approve the festival and if needed, he could bring this matter before the Commission. ~~~ Mayor Shaughnessy • Stated that the Florida Times Union had inquired regarding her goals for the city, and copies of her 1999 Goals List for the City as submitted to the newspaper were distributed. • Reported on Mayor Delaney's Growth Management Iniative and stated the announcement would be made on Wednesday, January 13, 1999 at 1:30 p.m. at Sisters' Creek Marina. • Reported she would be attending Leadership Jacksonville on Thursday, but would also attend the opening of the sub- station. • Reported Mayor Delaney vas pleased the City of Atlantic Beach had passed its ordinance regulating title loan companies. • Reported that Neil Aikenhead of Aikenhead and Odom had presented an aerial photograph to the city. ~'"'`~ Reported that 1,851 participants had enjoyed the First Night festivities and asked that anyone interested in chairing next year's event to contact Cindy Grossberg. OMMISSIONERS M O T I O N S E C O N D Y E S N O Minutes Page -14- January 11, 1999 Announced that the Atlantic Beach School Advisory Council tivas meeting on January 27th at 8:00 a.m. to improve the playground. She stated the school would like to publish a "Wish List" in the next issue of Tidevietivs. Indicated the recent walk-through meeting and follow-up meeting with the R-A-M Professional Group had not been well noticed and stated the company would be willing to reschedule the meeting without the walk-through. Reported on a recent meeting of the Town Center Committee concerning proposed angle parking and sidewalk location. There being no further comments or business to come before the Commission, the meeting adjourned at 9:14 p.m. Suzanne Shaughnessy Mayor /Presiding Officer ATTEST: Maureen King, CMC City Clerk OMMISSIONERS M O T I O N S E C O N D Y E S N O