11-24-97CITY OF ATLANTIC BEACH
COMMISSION MEETING - Novemb~.;r 24, 1997
AGENDA
Call to order
Invocation and pledge to the flag
1. Approval of the. minutes of the Regular Commission Meetings of November 10 and Special
Called Meeting of November 12, 1997
2. Recognition of Visitors:
3. Unfinished Business:
A. Discussion and related action in connection with possible construction of a sculpture
in connection with First Night activities (City Cr?mrnission)
B. Howell Pazk Review Committee report and action. if required, (Commissioner Borno)
C. Discussion and possible action in connection wits construction of a city greenhouse
(Mayor Shaughnessy)
D. Discussion and related action in connection with hiring a Labor Attorney (City
Manager)
E. Recognize the Mayport Waterfront Partnership as the official agency representing the
,...,, Waterfronts Florida Program area; confirm appointment of Commissioner Meserve
as initial Chair; confirm staff and membership of Mayport Waterfront Partnership
(Commissioner Meserve)
4. Consent Agenda:
A. Acknowledge receipt of Capital Improvemenss Projects progress report (City
Manager)
5. Action on Resolutions:
A. Resolution No. 97-45
RESOLUTION OF ESTEEM -Joanna Fletcher (Mayor Shaughnessy)
6. Action on Ordinances:
7. New Business:
A. Public Hearing and action on an application for st Use by Exception filed by Russell
& Lydia Rhodes, to operate a contracting business with no outside storage on
property located at 1079 Atlantic Boulevard, zoned Commercial General (City
Manager)
B. Approve 1997/98 CDBG contract and authori::e the Mayor to sign the contract
document (City Manager)
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC
BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOL!
ROAD, AT 7:15 PM ON MONDAY, NOVEMBER 24, 1997
PRESENT: Suzanne Shaughnessy, Mayor
Richard Beaver
Mike Borno
John Meserve
Theo Mitchelson, Commissioners
AND: James Jarboe, City Manager
Alan C. Jensen, City Attorney
Maureen King, City Clerk
given by Reverend Gabe Goodman followed by the Pledge of Allegiance to tl
Flag.
1. Approval of the minutes of the Regular Meeting held
November 10,1997.
Motion: Approve minutes of the Regular Meeting held
November 10, 1997.
The motion canied unanimously.
Approval of the minutes of the Special Called Meeting held
November 12.1997.
Motion: Approve minutes of the Special Called Meeting ]Held
November 12, 1997.
2. Recognition of Visitors:
No one wished to speak.
Item 5 A was taken out of sequence and acted upon at this time.
A. RESOLUTION N0.97-45
RESOLUTION OF ESTEEM -Joanna Fletcher
(Mayor Shaughnessy)
Motion: Adopt Resolution No. 97-45.
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Minutes Page -2-
'"` November 24, 1997
Mayor Shaughnessy read the Resolution praising the accomplishments
of Joanna Fletcher in its entirety. Mayor Shaughnessy then th~mked
Mrs. Fletcher for her work with Town Center and presented her with
the framed document.
There being no further discussion, the motion carried unanimously.
3. Unfinished Business:
A. Discussion and related action in connection with possible
construction of a sculpture in connection with First Nigh~# activities
(City Commission)
Mayor Shaughnessy recapped the recommendations made for the location of
the sculpture as follows: Staff -Howell Park, Recreation Advisory 13oazd -
first choice, Howell Park, second choice Jack Russell Park, and First Night
Committee -Howell Park.
Motion: Authorize City Manager and Parks and Recreation Stafi
to work with the artist, Sharla Valeski, to site the sculpture in
Howell Park.
Concern was expressed that installing the sculpture would increase the city's
insurance rates. Commissioner Borno quoted the following from a letter dates
November 19, 1997, from the city's insurance carrier, Coregis Insurance
Company: "As it is constructed this sculpture will increase the potential for a
minor being injured while playing in a public pazk by a sculpture that could be
regarded in a court of law as an attractive nuisance not designed to any known
standard of public safety". The letter and associated documents aze- attached
and made part of this official record as Attachment A.
Commissioner Meserve stated he believed it was a great, innovative project,
and the artist has agreed, that if and when the sculpture becomes an attractive
nuisance or ends its useful life, it can be taken down.
Commissioner Mitchelson stated he believed it might be premature o site the
sculpture in Howell Park considering recommendations from the Howell Park
Review Committee were not due until December 8, 1997.
Commissioner Beaver inquired if the City Manager had addressed the change:
to the sculpture with Ms. Valeski and was told the changes had been..
~'~ completed.
There being no further discussion, the motion carried unanimously.
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November 24, 1997
B. Howell Park Review Committee report and action, if required
(Commissioner Borno)
Commissioner Borno stated the committee would present their final. report tc
the Commission on December 8, 1997.
C. Discussion and possible action in connection with construaction of
city greenhouse (Mayor Shaughnessy)
Mayor Shaughnessy explained that former Mayor Fletcher was not prepared t
make a presentation tonight and withdrew the item from the agenda.
Jody Richards, President of East Coast Greenery, Inc., a local nursery and
greenhouse, stated she was present to answer any questions the Commission
might have concerning the operation of a greenhouse.
Commissioner Mitchelson pointed out that the Beautification Committee
concun•ed with the written report provided by Ms. Richards concerning the
operation of a greenhouse and suggested the city plan ahead when purchasing
seasonal plants.
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Item 3 E was taken out of sequence and acted upon at this time.
E. Recognize the Mayport Waterfront Partnership as the official
agency representing the Waterfronts Florida Program area;
confirm appointment of Commissioner Meserve as initial. Chair;
confirm staff and membership of Mayport Waterfront P:trtnershi
(Commissioner Meserve)
Motion: Recognize the Mayport Waterfront Partnership as the
official agency representing the Waterfronts Florida Program are;
confirm appointment of Commissioner Meserve as initial. Chair;
confirm staff and membership of Mayport Waterfront P:trtnershi
Commissioner Meserve indicated the name of Sharette Simpkins had
inadvertently been omitted from the membership list given to the Commissior
and should be added to the list.
Mayor Shaughnessy commented it was a wonderful partnership with a fine
membership. (Two additional members were appointed under Item 7E).
,,~,, There being no further discussion, the motion carried unanimously.
D. Discussion and related action in connection with hiring a Labor
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!^ November 24, 1997
Attorney (City Manager)
City Manager Jarboe explained the request as summarized in his memo dated
November 21, 1997, which is attached and made part of this official record as
Attachment B, and asked for Commission direction as to how they wished to
proceed with the labor negotiation process.
Commissioner Meserve asked City Attorney Jensen if he would be interested
in representing the city in the negotiations, and City Attorney Jensen stated he
would be willing to act in that capacity.
Motion: Hire City Attorney Jensen as the City's Labor Attorney,
authorize the City Manager to negotiate a lump sum fee agreemen
and bring the agreement back to the Commission for approval.
Considerable discussion ensued concerning the pros and cons of hiring either
an independent labor attorney or Mr. Jensen.
Commissioner Beaver suggested obtaining proposals from several a torneys t
to compare costs.
Commissioner Mitchelson stated he would like to keep it local with City
Attorney Jensen, however, he concurred with Commissioner Beaver that
outside proposals should be obtained.
Commissioner Meserve stated Mr. Jensen's proposal would have be brought
back before the Commission for approval and he would like to go with Mr.
Jensen, who is local, available and returns calls.
City Manager Jarboe indicated his preference for a lump sum contract and
pointed out the Commission should feel comfortable with the attorney chosen
Mayor Shaughnessy indicated she had seen negotiations handled in iiifferent
ways and prefers hiring an outside attorney.
After further discussion, the question was called and the motion fai}ed by a
one to four vote with Commissioners Beaver, Borno, Mitchelson and Mayor
Shaughnessy voting nay.
Motion: Authorize City Manager to solicit proposals from Labor
Attorneys and the City Attorney to conduct labor negotiations for
the city on a lump sum basis and bring back the proposalis for
Commission approval.
There being no fiu4her discussion, the motion carried unanimously.
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°" November 24, 1997
E. Recognize the Mayport W aterfront Partnership as the official
agency representing the Waterfronts Florida Program area;
confirm appointment of Commissioner Meserve as initiall Chair;
confirm staff and membership of Mayport Waterfront Partnerhhi
(Commissioner Meserve)
This item was acted upon earlier in the meeting.
4. Consent Agenda:
A. Acknowledge receipt of Capital Improvements Projects
progress report (City Manager)
The Consent Agenda item was received and acknowledged as presented,
5. Action on Resolutions:
A. RESOLUTION NO.97-45
RESOLUTION OF ESTEEM -Joanna Fletcher
(Mayor Shaughnessy)
Item SA was taken up earlier in the meeting.
6. Action on Ordinances:
None.
7. New Business:
A. Public Hearing and action on an application for a Use by Exceptio
filed by Russell and Lydia Rhodes to operate a contracting
business with no outside storage on property located at L079
Atlantic Boulevard, zoned Commercial General (City Manager)
Motion: Approve Use by Exception filed by Russell and Lydia
Rhodes to operate a contracting business with no outside storage
on property located at 1079 Atlantic Boulevard, as recomGmended
by the Community Development Board and Staff. (The Staff Repo
from Community Development Director George Worley dated
November 19, 1997, is attached and made part of this official record a;
Attachment C).
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Minutes Page -6-
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Mayor Shaughnessy opened the public hearing.
Mayor Shaughnessy complimented Community Development Director Worle~
for his concise, well-written memo concerning the request.
No one spoke concerning the request and the public hearing was declared
closed.
There was no discussion and the motion carried unanimously.
B. Approve 1997/1998 CDBG contract and authorize the Mayor to
sign the contract document (City Manager)
Motion: Approve the 1997/1998 CDBG contract and authorize t6
Mayor to sign the contract document.
There was no discussion, the motion carried unanimously.
C. Award contract to Barnette Construction, Inc. In the amount of
$4,843.80 for CDBG housing rehabilitation of 370 Dudley Street
pursuant to the specifications of Bid No. 9798-5 (City Manager)
Motion: Award contract to Barnette Construction, Inc. in the
amount of $4,843.80 for CDBG housing rehabilitation of 370
Dudley Street pursuant to the specifications of Bid No. 9 x'98-5.
Community Development Director Worley explained that due to budget
constraints during the previous year several items had not been repaired and
this bid would complete the work.
Commissioner Mitchelson inquired as to the status of the property azId
Community Development Director Worley stated it was owner occupied.
Scott Barnette, owner of Barnette Construction, asked what happem:d to the
other home which was included in the bid. Community Development
Director Worley stated that the other home would be reinspected an<l that part
of the bid would come back at the next Commission Meeting.
There being no further discussion, the motion carried unanimously.
,..., D. Award contract to Hanna Construction in the amount of
$14,900.00 to design build an animal kennel building pursuant to
the specifications of Bid No. 9697-20 (Rebid) (City Manal;er)
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~^ November 24, 1997
Motion: Award contract to Hanna Construction in the amount
of $14,900.00 to design/build an animal kennel building p-ursuant
to the specifications of Bid No. 9697-20.
Mayor Shaughnessy explained the rebid process and stated that the original
designed building and bids were significantly higher than the $15,000.00
budgeted for the project.
Steve Kuti of 1132 Linkside Drive stated he was Vice President of the Selva
Linkside Homeowners Association and asked where the new building would
be constructed. He stated that noise coming from the present kennel building
disturbs homeowners living adjacent to the public works complex azId
wondered if the same thing would happen with the new building.
City Manager Jarboe explained the design of the new kennel would reduce tl
noise level and staff is looking into the use of an electronic device which emit
a noise only dogs can heaz as a deterrent to barking. City Manager Jarboe
stated the new facility would definitely be quieter.
There being no further discussion, the motion carried unanimously.
E. Authorize execution of a lease of an office building for Mayport
Waterfronts Partnership (Commissioner Meserve)
Motion: Authorize the City Manager to execute the lease for an
office building for Mayport Waterfronts Partnership located at
4738 Ocean Drive.
Commissioner Meserve explained the city would pay a $1.00 per year for a
three year lease on the building located at 4738 Ocean Drive in Mayport.
Commissioner also indicated that some minor language amendments were
needed in the hold harmless clause of the lease agreement.
Commissioner Beaver inquired as to who would pay for the insurance on the
building.
Commissioner Meserve stated the owner of the building would pay :Por the
insurance. Some discussion ensued concerning increased costs for insurance
once the improvements to the building are made and it becomes occupied.
Commissioner Mitchelson stated there might be a small increase in ]}iability
~-, insurance premiums, which he estimated should not exceed $500.00 per year.
Commissioner Meserve indicated the increased costs could be paid 'rom the
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grant money.
Amended motion: Authorize the City Manager to execute
the lease for an office building for Mayport Waterfronts
Partnership located at 4738 Ocean Drive and approve increased
insurance costs up to a maximum of $500.00 to be paid by
Mayport Waterfronts Partnership from grant money.
There being no further discussion, the amended motion can•ied unanimously.
F. Action on request to grant city employees a day off on December
26,1997 (City Manager)
Motion: Close down City Hall for business on Friday, December
26,1997.
City Manager Jazboe explained he would like to close down City Hall for
business on Friday, December 26, 1997, to give the working City Employees
much needed four day holiday break. He further explained skeleton crews
would be on duty during that time.
There was no discussion, the motion carried unanimously.
8. City Manager Reports and/or Correspondence:
A. Announcement -Tree Lighting and Luminaries (City MaAnager)
Cazl Walker, Beautification Coordinator, reported that the sale of luminaries
would take place on Friday, December 5, 1997, after the tree Iightillg
ceremony in Jack Russell Park and on Saturday, December 6, 1997 from 10:01
a.m. - 2:00 p.m. at Jack Russell Park. It was further reported the kits sell for
$2.00 ,and Light Night will be held on Sunday, December 21, 1997.
Recreation Director Timmy Johnson reported that the tree lighting ceremony
would begin at 6:00 p.m. in Jack Russell Park and include Santa, music, and
singing.
B. Letter from Robert Lynch -Town Center Area Parking
Copies of the letter were given to each Commission Member. Mayc>r
Shaughnessy stated she would like to hold a workshop in the near future to
,~., discuss Mr. Lynch's concerns and other pertinent issues.
C. Beach Avenue Speed Bumps
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November 24, 1997
Commissioner Beaver reported he had been approached by four citizens who
asked if the speed bumps on Beach Avenue could be cut to allow for bicycle
riding, roller blading, etc.
Afrer considerable discussion concerning the types of cuts that could be made
in the speed bumps, it was the consensus of the Commission to have Staff
review the options and bring back their recommendations.
D. Smoke Detector
Commissioner Borno requested that a smoke detector be given to Loretta
Stevenson at 370 Dudley Avenue.
E. Workshop
Mayor Shaughnessy suggested holding a Workshop Meeting in the near future.
Commissioner Borno requested that it be scheduled after the holidays due to
work constraints. It was the consensus of the Commission to hold the
Workshop after Christmas.
9. Reports and/or requests from City Commissioners, City Attorney
and City Clerk
A. Mayoral appointments -Mayport Waterfront Partnership (Mayor
Shaughnessy)
Mayor Shaughnessy appointed Theo Mitchelson and Don Wolfson ro the
Mayport Waterfront Partnership Committee. Mayor Shaughnessy also stated
she had spoken to David Schmidt, a Coastal Engineer with the Arlrly Corps o:
Engineers, and he would be willing to attend Mayport Waterfront Partnership
meetings on an as needed basis.
The Commissioners unanimously approved of the appointments.
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November 24, 1997
There being no fiuther discussion or business to come before the Commission,
the meeting adjourned at 8:28 p.m.
l ~I~CLZQ~X.~Qi F~jr ''
Suzanne Shaughn sy
Mayor/Presiding Officer
ATTEST:
Maureen King, CMC
City Clerk
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ATTACHMENT A
NOVEMBER 24, 1997 COMMISSION MEETING
CITY OF ATLANTIC BEACl3
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Sculpture location
SUBMITTED BY: Timmy Johnson, Recreation Direcl:or
DATE: November 20, 1997
BACKGROUND: The First Night Committee presenl:ed the City Commission with a
drawing of a sculpture, because thr;y would like to see the sculpture
placed in a Park. The Commission. asked that the First Night
Committee and the Recreation Ad~risory Board make a
recommendation on the location.
The First Night Committee held a meeting Wednesday, November
19 and recommended placing the sculpture in Howell Pazk.
The Recreation Advisory Boazd held a meeting Wednesday,
November 19 and recommended placing the sculpture in Howell
Park (1st choice) and Russell Park (2nd choice).
RECOMMENDATION: Staff recommends placing the sculpture in Howell Park.
ATTACHMENTS: none i
REVIEWED BY CITY MANAGER:
AGENDA ITEM
~'
RIMiA
Risk Management Associates, lnc.
November 14, t 947
Mr. George Foster
Human Resource Manager
City of Atlantic Beach
800 Seminole Rd.
Altantic Beach, FL 32233
Re: Proposed Sculpture
Dear Mr. Foster:
With regard to the proposed sculpture, at this time an additional premium would not be
generated. However, in the future, additional premium could be generated by adverse
loss experience as a result of injuries sustained from the sculpture.
The City of Atlantic Beach would need to observe the recommendations proposed by
Robert ICrali, Loss Control Director for Corigis Insurance Colvpany in order to place the
sculpture in the suggested park azea.
Should you have any questions or if I can be of father assistactee, please do not hesitate to
call me.
Sincerely,
G
Sheity Schuh
Account Manager
C'ommerciat insurance • Qonds • Kick Management Services • Preagram tlesi~+n and Administration
548 Sou:i~ W~,~^.rdski BhdC. urte 1(ri) • Aita~rnnCS Springs. Pleridz 32701 Phcnzr i4~7j 331 4400 • Peesrn~is (4671 331 48GG
..: '`~~
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November 19, 1997
COREGIS INSURANCE COMAANY
Pu671c Entity Dlvtsfon
198 West Madison, Suite 2A06
Chicago. Iltin[YIS 60fA2
Mumcip8lities: (900} 234.2671, fAX: (312) 803-2x31
Schools: (800) 592-4066, F~N(: (312) 803-2547
Special flistricts: (8~} 234-2671, fAX: (312) 8494367
tay Direct une: (312) 849-5383
Mr. George A. Foster
Human Resource Manager
City of Atlantic Beach
59S S. Northtake Btvd., Suite 1040
A{tamonte Springs, FL 32701
Re: Proposed Sculpture
Dear Mr. Foster:
Based upon my review of the assembly plans and diagram you supplied I have the
following observations and recommendations on the prop+~sed sculpture:
~~. 1) Signage is needed to state that this is an interacttive sculpture and that it is not
t0 be climbed upon byy, anyone. Parents should be iinstructed to monitor their
children white interacting with the sculpture.
2) If this sculpture is to painted or finished in any way it must meet the Consumer
Product Safety Commission (CPSC) standard regulation for lead in paint {7)
(0.006% {600ppm} maximum lead by dry weigght. As this sculpture wiU be placed
in a public park and can be used by children it should meet these minimum
standards-
3) Under CPSC section 8.2 Hardware all fasteners, connectors, and covering
devices should net loosen or be removable without the use of tools- I do not
see how the casters are kept in place with the enclosed diagram. This
construction texture should be further defined by the) artist.
4) The ends of the arms and the center post should be capped to minimize this
potentia{ for injury. Although the ends of the tubes are rounded, under CPSC
Standard 9.1 the exposed open ends of aU tubing not resting on the ground or
otherwise covered should be covered by caps or plugs that cannot be removed
without the use of toots"
5) While this sculpture is not designed to be climbed upon the potential does
exist for unsupervised children to climb on it. Based upon prior suits under the
attractive nuisance Iega1 standard this sculpture should meet or exceed the
CPSC standard section 12 for equipment that is expected to be climbed upon.
&) Since this is an interactive sculpture with horizontaal arms that are sct spaced
as to lend themselves to climbing the welds and sfee:ves should be so
constructed as to meet the potenGai stress Toad according to American
~ Standards of Mechanical Engineers (ASME).
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Coreg7a tnewance COmwRI' Gaabmle lrtaurortce Cat7i9^Y C,nnKyy lntlemnHy CwroanY
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Lt9nelG M eH stem: tbcensed to sOverM ygt~ Sulp4.S Fnp~ eti9iDfa q(agwiwp
Page 2
7) The ground cover depth does appear to meet CPSC standards but, a regular
maintenance schedule should be established to ensure that the concrete base {s
covered to a depth of at least 12 inches and that the rest of the ground cover is
properly maintasned to the same depth.
The sculpture is an advanced interactive obLect of art .The concept of bringing #his type
of artwork to the general public is laudable. The artist may not have considered the
potential problems that could come with the placement of this sculpture where children
and teenagers could interact with it unsup8rvised. As an example, currently the
Chicago Police Force has to come out of the Chicago City NaH and stop skateboarders
from using the Pablo Picasso statue for a skate board ramp.
As 4t is constructed this sculpture will increase the potential for a minor being inured
while playing in a public park by a sculpture that could be regarded in a court o~ law as
an attractive nuisance not designed to any known standard of public safety.
Sincerely, ~ ~ ~~
Gi~' +'6 /
RobBrt J, {Crap
Loss Control Director
Corey/s Hwure+xe COmOrtny Geufp•.ifa rnsraarKO Company Coreg:5 rnrhi~nn:(y Canyeny
NeetlQuerfered M C/+ic3go DOmitile0 rn Galihmia (7ortUCUerz! ~.~ a+tinois
Lir;wnW M •n dt>JWS L,cenky H spruref areas Surp'uS Lrlos arig:'d's a!•:r.~~!~. ~~,.
ATTACHMENT B T
NOVEMBER 24, 1997 COMMISSION MEETING
_ _ _ __--
Fu-~7~.-'~`~
crrr o~
rgt~at.cc ~eacl - ~QorcEda
800 SEMINOLE ROAD
ATLANTIC BEACH, FLORIDA 32233-5445
TELEPHONE (904) 247-5800
FAX (904) 247-5805
SUNCOM 852-5500
November 21, 1997
To: The Iv4ayor and City Commission
n ~~
From: iI'iRlnJarboe, City Manager
!:
Re: Process for Labor Negotiation
,.-. During the past two yeazs of negotiations, we have used an attorney to bargain with the unions
($7000). Before the attorney, staff on a volunteered basis, conducted the negotiations ($3600 per
year). A cost comparison should not be made between the two methods because the negotiations
in the last two years were much easier and took much less time than previous negotiations.
Actual cost for an attorney would depend on the time spent. Cost varies from $125 per hour to
more than$200 per hour. Because of the expected work load fox the new labor negotiations, I am
estimating that it will take up to a hundred hours for the negotiations ($12,500 to $20,000)
It is my recommendation that we use an outside attorney or the City Attorney (more available)
on a lump sum fee basis.
If you agree to the recommendation and desire to go outside, I would like your authorization to
negotiate a contract with an attorney for your approval. If you want to use the City Attorney, I
would recommend he provide you with a proposal.
.~ ~
ATTACHMENT C
NOVEMBER 24, 1997 COMMISSION MEETING
__
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STAFF REPORT
AGENDA ITEM:
SUBMITTED BY:
DATE:
BACKGROUND:
Use-by-Exception for Contracton~ office at 1079 Atlantic
Boulevard
George Worley 11, Community Development Director( r~~ll/
November 19, 1997
The applicant owns the building and desires to operate a contractors office in unit
number 6. No outside storage is proposed and no parking of commercial vehicles is
anticipated. The property is zoned CG, Commercial General which permits by exception
contractors without outside storage.
Outside storage of commercial vehicles has been an issue of concern with the
Community Development Board for some time. Because of 1:heir concerns, most
'`~' recommendations for the granting of this type of Exception will contain the provision that
outside commercial vehicle parking be very limited or even prohibited, depending upon the
character of the surrounding neighborhood.
An additional issue of concern for the Board is the limiting of Exceptions to specific
people and locations to prevent exceptions from being "inherited" by subsequent tenants or
businesses whose methods or conditions of operation may be substantially different from the
business originally granted the exception.
RECOMMENDATION:
The Community Development Board recommends approval of this request subject to
the Exception being granted to the applicant only, for this looation only, and provided that no
overnight parking of commercial vehicles be allowed.
ATTACHMENTS:
1) Application for Use-by-Exception
2) Minutes of the Community Development Board
3) Staff Report to the Community Developr»oard
.~-, REVIEWED BY CITY MANAGER:
AGENDA ITEM NCt.
,~-,
CITY OF ATLANTIC BEACI-!
COMMUNITY DEVELOPMENT 13'~OARD
STAFF REPORT
MEETING DATE: October 21, 1997
AGENDA ITEM: # 4. a. Application for Variances to enlarge existing
nonconforming residence at 326 Ocean Blvd.
The applicant owns an existing nonconforming house at 326 Ocean Boulevard
and desires to construct an addition onto the north side of the building. The existing
building is at 15.3 feet ftom the front property line. The building was constructed prior
to the current zoning setback requirements. The proposed addition will not encroach
into any required setback.
Based upon past practice by this Board and upon 1:he fact that the addition wiN
not encroach any sefibacks Staff recommends approval oiP the requested Variance.
~,rl~. AGENDA ITEM: #4. b. Application for Use-by-E=xception to operate a
contractors office at 10 i'9 Atlantic Boulevard.
The applicant owns the building and desires to ope=rate a contractors office in
unit number 6. No outside storage is proposed and no paArking of commercial vehicles
is anticipated. The property is zoned CG, Commercial General which permits by
exception contractors without outside storage. Staff recommends approval of this
request subject to the Exception being granted to the applicant only. for this location
only, and that no overnight parking of commercial vehicles be permitted.
AGENDA ITEM: #4. c. Application for Variances to construct an addition onto
an existing nonconforming house at 1030 Beach
Avenue.
The applicants desire to construct an addition onto the front of the existing
nonconforming house. The existing building is nonconforming due to an encroachment
into the south side yard setback. The building is three fee>t from that property line
where five feet is required by code. The proposed addition onto the front of the
building will not encroach the required front yard setback of 20 feet. Staff recommends
*^ approval of the requested Variance.
NOTICE OF PUBLIC HEARING
CITY OF ATLANTIC BEACH
Nonce is hereby given the City Commission of Atlantic Beach, Florida, will hold a PUBLIC
HEARING on Monday, November 24, 1997, at 7;15 PM at City Hall, 800 Seminole Road, for the
purpose of hearing and considering the views of the public concerning the following request for
a Use by Exception:
AN APPLICATION FOR A USE BY EXCEPTION FILED BY
RUSSELL & LYDIA RHODES, TO OPERATE A CONTRACTING
BUSINESS WITH NO OUTSIDE STORAGE ON PROPERTY
LOCATED AT 1079 ATLANTIC BOULEVARD, ZONED CG,
COMMERCIAL GENERAL
All persons interested are notified to be present at said time andi place and they shall be heard. If
a person decides to appeal any decision at any meeting or hewing, he will 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 appeal is to be based.
In accordance with the Americans with Disabilities Act, persons rseeding a special accommodation to
participate in this proceeding should contact Maureen King, City Clerk, at 247-580, or at City Hall, 800
Seminole Road.
MINUTES OF MEETING OF't"HE
COMMUNITY DEVELOPMENT (BOARD
OF THE CITY OF ATLANTIC BEACH, FLORIDA
October 21, 1997
7:00 P.M.
CITY HALL
PRESENT Robert Frohwein
Mary Walker
Pat Pillmore
Mark McGowan
AND Alan Jensen, Esquire
Pat Harris, Recording Secretary
ABSENT Don Wolfson
Buzzy Grunthal
Sharette Simpkins
George Worley, Director
~ ^csv .iiw_
Vice Chairman Robert Frohwein called the meeting to order and asked for approval
of the special meeting of September 23, 1997 meeting. Ntr. Frohwein requested that the
minutes be corrected to replace the word "completed" with "commenced" in the fourth
paragraph of the minutes.
I. Application for Variance filed by Paul and Lori' Lucey to construct an addition
to an existing nonconforming residence at property located at 326 Ocean Boulevard.
Mr. Lucey introduced himself and explained that he and his wife desired to build an
addition on the north side of the residence. He stated that the house was constructed prior
to the current zoning setback requirements and the proposed construction will not
encroach into any required setback.
Paul Stenson introduced himself as contractor for the applicants told the board that
a large section of concrete siab would be removed during the proposed construction.
After discussion, Mr. McGowan moved to grant the variance. Ms. Pillmore
seconded the motion and the variance was unanimously chanted.
N. Application for Use-by-Exception filed by Russeti and Lydia Rhodes to operate
a contractor's office with no outside storage at property located at 1079 Atlantic Boulevard.
Mr. Rhodes introduced himself and explained that he recently purchased the
building and desired to operate his contractors office in unit number 6.
After discussion, Mr. McGowan moved. to recommend approval of the use-by-
exception be granted solely to the applicant and that there be no overnight parking or
storage of commercial vehicles. Ms. Pillmore seconded the motion and it passed
unanimously.
III. Appligtion for Variance filed by Robert Hunter to construct an addition to an
existing nonconforming residence at property located at 'd.030 Beach Avenue.
Mr. Hunter introduced himself to the board and explained that the-house was
constructed in 1932 and encroaches the south side yard setback. He stated that he
desired to construct a garage addition on the front of the house which would not encroach
the required. front yard setback of 20 feet.
Mrs. Walker expressed her concern with construction on existing nonconforming
structures and the board's authority in approving variances for additional construction.
After discussion, Mr. McGowan moved to grant the variance provided the
construction be commenced within six months. Mrs. Pillmon> seconded the motion and the
variance was unanimously granted.
IV. Application for Variance filed by Nicole F. Howard to construct a patio
addition which will encroach the rear setback at property located at 559 East Coast Drive.
Mrs. Howard introduced herself and presented pictures of her rear yard and the
Vocation of two large camphor trees and existing deck. She: explained that she desired to
construct an addition onto the rear of the home over an existing slab. She stated that the
construction would encroach four feet into the required twern.ry foot rear yard setback She
stated that reviewing minutes from prior meetings of the board, a similar variance was
granted July 20, 1993 to accommodate additional family members and she felt that
additional family members may be interpreted to include her unborn child.
The chairman explained to the applicant the definition of "hardship" as it applies to
the zoning code and the explained to her specific guidelines the board has to follow in
hearing variance requests.
After discussion, the applicant offered to amend heir application by reducing the
setback by two feet.
Mr. Frohwein brought to the attention of the applicant that an additions overhang
or eave could extend up to 40% into a required setback.
After further discussion regarding alternatives to the proposed construction, the
applicant requested that her application be deferred until the next regularly scheduled
meeting.
DISCUSSION ITEM:
The board briefly discussed the Core City Infrastn.~cture Improvements.
Mrs. Walker requested that a discussion item be placed on the agenda for the next
meeting regarding variance requests for improvements to existing nonconforming
buildings.
There being no further business to come before the board on motion made the
meeting was adjourned.
SIGNED
ATTEST
Please type or Print in Ink
Appl icat ioin Fee $lUO AU
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APPLICATION FOR "USE BY EXCEPTION"
SEF' 2 2 1491
Date Fiied• 9'ao1'9~ City of Atlantic Beach
• ______________________ Building and Zoning
Name end Address of Owne!!r~~~or Tenant in Possession of Premises:
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Street address and legal description OE the premises ae tc which the "Use
by Exception" is requested:
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A description of the "flee by Exception" desired, which shall apeciEically
and particularly deaaribe the type, character end extent of tlse proposed
"U/ns~e by Exception" s
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Specific reasons why the appliaant Eeels the request should he~/granted:
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Zoning Cleasifications~dliL=P.~llef112ed/Pr_C./l=~____
Signature^of applicant/applicant's
authorized agent or attorney. If
agent or attorney, Snclude letter
Erom applicant to that eEEeot,
S ignetui~~~~ie"`.c '- ^-rty.
APPlication cannot be processed
without owners eignetm~e.
Applicants Do not 'fill-in beyond tlsie poisst. ifoxever, be prepared to
~"* respond to the following items:
F
P
;~ FINDIHOS OF FACT
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1. Ingrw• and rprro to property •nd proposed
•truotusws i^ adequatw. Particular rela»naw !^
wadr to autoaotiw and padeatrlan reArty and
conwniwnoay Lraliio Slot and control and acoeu
in cart o1 aatawtrapMi
2. Oil-^treat parking and loading Sr adwquatw.
Partlcular ^Ltwntion is geld to the itewr in 1.
abovw snd the aoonoaio, noiwe, glare and odor
allectr of thr apaoial exception on adjoinlnp
propwrtia and propwrtlwt pwnerally in th+
dlwtriot)
3. Locationr of rwluu and rrrvlow eras ^rr
cowpatible rith wurroundlnq popartler and •rw
warily acaeraiblr.
4. Looationa, ^vailabilily rnd ooapatibility o2
utilltlws are adequate.
8. Type, diwanrlonw and oharaotwr o1 warwwninq
•nd butiwrinp arw wdwquatw.
6. &ipna and psoposwd wxterior lighting, rilh
reteswno- to plan and traiila rafety, era in
harwony and arw ooapatible rith ether praprstirr
~ in thw diwtrlot.
7. Required ysrdr and other open wpaoea arw
adequste.
8. 7hr awe Sr generally ooapatlble with adjaownt
properties and other property in !ha dirtrlot.
COHMONITX DEVELOPMENT 80ARD REPORT AHD RECOIINENDATION$,
ACTSONS 8Y THE CITY COMMI$$IOM,
YE$ HO
Robert K, Lynch
'711 Ocean Boulevard
Atlantic Beach, Florida 32233••0045
(By mail: Post Office Box 45)
(904)249-4602
November 20, 1997
~"^'>
To the City Council of Atlantic Beach:
I have been a resident and homeowner ht Atlantic Beach for over 44 years. I am writing this
letter because my work schedule prevents me from attending your meeting in person.
First, I would like to voice my disapproval of the "Town Center Project". It is by far the
worst designed and most poorly executed plan I have ever seen Why is the level of the
street a foot lower that it used to be? Why are the curbs so high and the brickwork so badly
laid?
During the construction work, the "No Angle Parking" signs on Ocean Boulevard were
removed by person or persons unknown. They were replaced b;y "No Parking" signs. These,
too, have been removed. At this time cars are parking at an angle with their rear ends
extending one, and sometunes two or three, feet into the right-of-way.
I have spoken to the city manager and to police officers on site and have been told that this
situation would be "looked into". So far, nothing has changed. (Today, angle parking spaces
were actually being painted on the street. )
Do we not have a violation of our traffic code? If we do, why hasn't action been taken to
correct it? Parked cats extending into the txafTic lanes and pedE>striana (some not very sober)
walking in the street pose a significant danger and a liability tc citizens which is difficult to
ignore. Accidents are waiting to happen.
As a citizen of Atlantic Beach. I hereby request the following.
1. Return to allowing only parallel parking on Ocean Boulevard from Atlantic Boulevard to
First Street.
2. Restore the sidewalks on the east side of Ocean Boulevard in the same area.
(These sidewalks were removed when the Sea Turtle built its parking lot.
It seems odd that we have constructed a pedestrian mall on Atlantic Boulevard but
access to it is provided via the middle of the street.)
3. Take a much closer look at any future changes on Atlantic ISoulevard (or has the City
completely abdicated its responsibility?)
~~~
~:~Y~~~
Robert K. Lyn