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05-28-91 v CITY OF ATLANTIC BEACH REGULAR MEETING TUESDAY, MAY 28, 1991 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of May 13, 1991 2. Recognition of Visitors: 3. Old Business: A. Discussion and related action relative to proposals for 18th and 19th Streets - Crime Watch citizens B. Discussion and related action regarding Atlantic Beach Little League C. Discussion and related action regarding Clemens Condemnation suit (City Attorney Alan Jensen) 4. Committee Reports: A. Report and recommendation by Awards Committee Chairman Commissioner Glenn Edwards relative to bid #9091-17 - Housing Rehabilitation B. Report from City Hall Advisory Committee and proposal to charge fee for use of said facility (Commissioner John Weldon) 5. Resolutions: A. Resolution #91-17 in memory of Donald L. Goodling 6. Ordinances: A. Introduction and first reading of Ordinance #90-91-154 abandoning easement in Selva Linkside B. Introduction and first reading of Ordinance #95-91-49 amending the animal control ordinance 7. New Business: A. Proposal for flood and property insurance (Al Rodriguez) B. Request by Barco Duval for reduction in retainage relative to Section H (William Howell, Project Manager) C. Presentation of short list of architects relative to the community center at Donner Park D. Discussion and related action regarding the proposed Sea Turtle property exchange (George Worley, City Planner) E. Proposal for resident observation for various wastewater projects (Robert Kosoy, Public Works Director) F. Proposal by Gee & Jenson to update plans and specifications for Water Treatment Plants #1 and #2 (Robert Kosoy, Public Works Director) G. Approval to pay A.J. Johns for sewer repair on 8th Street in the amount of $3,713.15 (Robert Kosoy, Public Works Director) H. Amend water storage painting contract for additional work (Robert Kosoy, Public Works Director) 8. City Manager Reports and/or Correspondence: 9. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON TUESDAY, MAY 28, 1991 V V O O PRESENT: William I. Gulliford, Jr. , Mayor T T Robert B. Cook E E Glenn A. Edwards D D Adelaide R. Tucker, and John W. Weldon, Commissioners M S AND: Kim D. Leinbach, City Manager O E Alan C. Jensen, City Attorney T C Maureen King, City Clerk I 0 Y NAME OF ONEN COMMRS. N D S 0 The meeting, the first to be held in the new City Hall, was called to order by Mayor Gulliford. The invocation, offered by Commis- sioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of May 13, 1991 Cook x x Motion: Approve minutes of the regular meeting of April 22, Edwards x 1991 Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x 2. Recognition of visitors: None 3. Old Business: A. Discussion and related action relative to proposals for 18th and 19th Streets - Crime Watch citizens In response to a request from the North Beaches Crime Watch citizens for improvements to the traffic and parking problems on 18th and 19th Streets east of Seminole Road, Lt. Christman presented the recommendations of the police department. He said to change the parking from angle to parallel as requested would eliminate 20-21 parking spaces. He felt the available options would be to change the parking to parallel, widen the road by five feet, or make 19th Street one-way traffic. It was the recommendation of the Police Department that traffic flow be changed to one-way east bound. Lt. Christman said the citizens had also requested limiting the hours for parking at the street ends, but he pointed out that any changes would also apply to the residents of the area who park on the street at night. The Police Department also was opposed to the installation of speed bumps. Lt. Christman reported that additional street lights would be installed by JEA, and trees would be trimmed and parking signs installed by city crews. Dillan Morgan, 1970 Beach Avenue, said the residents of 18th and 19th Streets were circulating a petition requesting that the city PAGE TWO MINUTES V V MAY 28, 1991 NAME OF COMMAS. MSYN change the parking on 19th Street to parallel and limit parking hours. David Boyer, 2061 Beach Avenue, requested that the petition be extended to 20th Street. He said there was a 40-foot right-of-way on 18th, 19th, and 20th Streets, and he felt there were other possible solutions. He agreed with limiting or prohibiting parking after 11:00 PM, not 7:00 PM as had been suggested. Barbara Bonner, 463 Selva Lakes Circle, agreed with Lt. Christman's comments and said she was opposed to the elimination of any parking spaces. After further discussion, Mayor Gulliford said he felt some citizens may not have been aware that the meeting was being held this evening (Tuesday) and that action on the matter be deferred until the next regular meeting on June 10. B. Discussion and related action regarding Atlantic Beach Little League City Attorney Jensen reported that Gary Santora, president of the Atlantic Beach Little League Association, had contacted him and indicated he would be unable to be present this evening. He said the Little League had new board members and they would like to meet with the City Manager and Parks & Recreation Director and would report back to the City Commission after such meetings had taken place. C. Discussion and related action regarding Clemens condemnation suit City Attorney Jensen reported he had received a letter from the Clemens' attorney requesting attorney's fees of approximately $6,200. He felt this was excessive and suggested the city allow the fees to be set at the hearing in July. Cook x Edwards x x Motion: Proceed without making additional offer under the Tucker x circumstances Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. 4. Committee Reports: A. Report and recommendation by Awards Committee Chairman, Commissioner Glenn Edwards, relative to bid No. 9091-17 - housing rehabilitation Commissioner Edwards reported the house at 42 Stanley Road had been pulled from the project because prospective bidders were not granted access. Five bids had been received and the low bidder, Mitchell Construction had met all the bid requirements. References PAGE THREE MINUTES V V MAY 28, 1991 NAME OF COMMRS. MSYN were contacted and it was the consensus of the Awards Committee that the contract be awarded to the low bidder. Cook x Motion: Accept the bid of Custom Construction of Edwards x x Jacksonville, in the total amount of $64,094.00 for Tucker x the rehabilitation of four homes in Atlantic Beach Weldon x x Gulliford x Commissioner Cook asked if Commissioner Edwards was aware of any reason why only five bids were received when twenty-eight bid packets had been sent out. Commissioner Edwards could offer no explanation why a better response had not been received. The question was called and the motion carried unanimously. B. Report from City Hall Advisory Committee and proposal to charge a fee for use of said facility Commissioner Weldon reported Joseph Naso, Manager of Architectural Services for Gee & Jenson, had met with the committee. Mr. Naso had requested information regarding the building and upon review of this material he would make recommendations. At this time no decision would be made to remove any portion of the building but the rear portion would be shut off until final decisions were made by the committee and approved by the City Commission. Discussion ensued regarding establishing a fee for the use of the building for special functions, and Commissioner Weldon sought the wishes of the City Commission. Commissioner Tucker inquired whether such a charge would also apply to groups, such as A.A. , which met there on a regular basis. It was her opinion non-profit organizations should not be charged but that a fee could be established for other private functions. Commissioner Weldon invited Commissioners to submit suggestions for fees and said another meeting would be held and a further report forwarded to the City Commission. 5. Resolutions: A. Resolution No. 91-17 Mayor Gulliford introduced resolution No. 91-17 and at his request, the resolution, in memory of Donald L. Goodling, was read in full by Commissioner Weldon. Cook x Edwards x Motion: Approve adoption of Resolution No. 91-17 Tucker x x Weldon x x No discussion before the vote. The motion carried unanimously. Gulliford x PAGE FOUR MINUTES V V MAY 28, 1991 NAME OF COMMRS. MSYN 6. Ordinances: A. Ordinance No. 90-91-154 - First Reading Mayor Gulliford introduced in full, in writing, on first reading, Ordinance No. 90-91-154: AN ORDINANCE AMENDING ORDINANCE NO. 90-87-116 OF THE CITY OF ATLANTIC BEACH, ABANDONING A PLATTED EASEMENT ON LOTS 79 AND 80, SELVA LINKSIDE, UNIT 1, APPROVING A NEW EASEMENT ON LOTS 78 AND 79, SELVA LINKSIDE, UNIT 1, AND PROVIDING AN EFFECTIVE DATE Cook x x Edwards x Motion: Approve passage of Ordinance No. 90-91-154 and set Tucker x for public hearing on June 10, 1991 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Ordinance No. 95-91-49 - First Reading Mayor Gulliford introduced in full, in writing, on first reading, Ordinance No. 95-91-49: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 4, ANIMALS, ADDING TO SECTION 4-6 A PROVISION TO SET FORTH STANDARDS FOR DEMONSTRATING A NUISANCE CAUSED BY ANIMALS, AND PROVIDING AN EFFECTIVE DATE Cook x x Edwards x Motion: Approve passage of Ordinance NO. 95-91-49 on first Tucker x x reading and set public hearing for June 10, 1991 Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. 7. New Business: A. Proposal for flood insurance and property insurance Al Rodriguez of Rodriguez Consulting Group reported that in response to the request of the city for his firm to secure proposals for flood insurance for city buildings, he had contacted the Florida League of Cities and Poe and Associates, the two principal providers of insurance for the city. He said insurance companies were reluctant to quote for flood insurance alone and the proposal presented by Poe and Associates not only included flood insurance, but also fire, boiler and machinery and also crime and inland marine coverages as well. The proposal involved only one insurer, Zurich-American. The flood insurance limit quoted was $8,877,000 with a $25,000 per occurrence deductible. Mr. Rodriguez recommended the city accept the Zurich-American proposal and cancel those similar policies with the League. Cook x Edwards x x Motion: Accept the recommendation of Rodriguez Consulting Tucker x Group regarding the flood and property insurance Weldon x x Gulliford x PAGE FIVE MINUTES V V MAY 28, 1991 NAME OF COMMRS. MSYN Mayor Gulliford inquired into whether any penalty would be assessed for cancellation of the insurance coverage with the League and Mr. Rodriguez felt penalties would be minimal. Commissioner Weldon noted that the additional coverage would cost only about $2,000 more than the present coverage, which he felt was a bargain. It was also noted that the Zurich-American premium was guaranteed for a 16-month period. Discussion ensued as to why the League could not provide this coverage and Mr. Rodriguez said the League had limitations in their reinsurance agreements which provided the League with excess coverage for large claims, and frequently those reinsurance agreements excluded catastrophe coverage such as flood. Commissioner Cook inquired whether action on the matter could be deferred until the next meeting but it was felt since the city currently had flood insurance on only the old City Hall building, it was important to secure flood insurance on all city buildings as soon as possible. The question was called and the motion carried on a 4 - 1 vote with Commissioner Cook voting nay. B. Request by Barco Duval for reduction in retainer relative to Section H Project Manager Billy Howell stated that since the city had now accepted the water and sewer portion of the infrastructure project, Barco Duval had requested that the 10% retainer be reduced to 5%, representing an amount of $172,500. Mr. Howell said he concurred with this request. Cook x x Edwards x x Motion: Approve reduction in retainer of funds to Barco Tucker x Duval from 10Z to 5Z Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. C. Presentation of short list of architects relative to the community center at Donner Park The City Manager reported the seven proposals from architects interested in building a community center in Donner Park had been reviewed by a committee comprised of Commissioner Edwards, Parks & Recreation Director, Community Development Director and City Manager, and they had established a short list of Boyer and Boyer Architects, ACTECH Architects, Engineers and Planners, and Architect Michael Dunlap for consideration by the City Commission. Cook x Motion: Accept the recommendation of the City Manager and Edwards x schedule a special meeting to interview Tucker x x representatives from the companies listed Weldon x x Gulliford x PAGE SIX MINUTES V V MAY 28, 1991 NAME OF COMMRS. MSYN In discussion before the vote, the meeting was scheduled for 5:45 PM on Monday, June 10, 1991. The question was called and the motion carried unanimously. D. Discussion and related action regarding the proposed Sea Turtle property exchange Community Development Director George Worley reported the Sea Turtle Inn had presented a proposal to swap a piece of property approximately 3,500 sq. ft. which was formerly an alley north of the hotel and which had been closed some years ago and no longer belonged to the city, for a portion of the right-of-way of Atlantic Boulevard approximately 900 sq. ft. , near the restaurant entrance. Mr. Worley explained there were no underground utilities on this property and the Sea Turtle had been using the property because of its proximity to their property. Mr. Worley recommended that current surveys be acquired by the Sea Turtle and felt the loss of a portion of the right-of-way of Atlantic Boulevard would not impair the city in any way. Discussion ensued regarding whether Atlantic Boulevard at that point was a state road or whether it might belong to the City of Jacksonville. Commissioner Cook said he felt there had been two alleys and an agreement had been made at the time those alleys were closed. He felt the terms of such agreement would need to be considered. Michael Dunlap said through his work with the Town Center project, he had learned that Jacksonville gave Atlantic Beach and Neptune Beach total jurisdiction in 1974 but ownership needed to be checked into. He said his research had indicated that the right-of-way north of the center line was 32 feet, while on the south side of the center line, the right-of-way was 50 feet. He did not feel that the property swap would adversely affect the Town Center project. A Sea Turtle representative in attendance explained that the reason for the request was to acquire ownership of property they had been using for many years so that it would not become part of the turn around area for the traffic flow as proposed in the Town Center improvement plan. Mayor Gulliford commented that the proposal would increase the right-of-way in front of his home from ten feet to eighteen feet, and asked the City Attorney whether, as a property owner on the affected street, he felt this would represent a conflict of interest. Mr. Jensen said he did not think so but Mayor Gulliford asked that he check into the matter further. Action on the proposal was deferred until the meeting of June 10, 1991, by which time it was felt the questions raised could be resolved. PAGE SEVEN MINUTES V V MAY 28, 1991 NAME OF COMMRS. MSYN E. Proposal for resident observation for various wastewater projects Public Services Director Bob Kosoy explained the observation services were required for the Sea Gardens Lift Station and Buccaneer Wastewater Treatment Plant Expansion. He explained that Gee & Jenson had done the design and engineering for the projects and he felt it was appropriate that the engineer inspect the project to make sure the work is done in accordance with the plans. Mr. Kosoy said he had reviewed the Gee and Jenson proposal and found it acceptable and noted that the observation services would not commence until the contractor has commenced work. Cook x Motion: Accept the Gee & Jenson proposal for resident Edwards x observation services for the Sea Gardens Lift Tucker x x Station and Buccaneer Wastewater Treatment Plant Weldon x x Gulliford x Commissioner Cook asked how many hours per day the observation services would be required and Mr. Kosoy responded that the observation services would be provided eight hours per day and would be monitored by the city through daily and weekly reports. The question was called and the motion carried unanimously. Commissioner Weldon inquired what was holding up the projects and Mr. Kosoy explained an easement needed to be acquired for the Sea Gardens Lift Station. Commissioner Weldon asked that the City Attorney proceed as quickly as possible to secure the Order of Taking. Mr. Kosoy explained bids had been opened for the Buccaneer Wastewater Treatment Plant expansion and he was waiting for the permits to be issued by Bio-Environmental Services and DER. Mr. Kosoy explained the City Attorney was acquiring easements for the Mayport Road bore and jack project and it was felt these should be in hand shortly. F. Proposal by Gee & Jenson to update plans and specifications for water treatment plants #1 and #2 Mr. Kosoy explained this project was necessary in order to comply with the terms of the city's DER Consent Agreement for water treatment plants #1 and #2. This proposal would update the Gee & Jenson plans and specifications from 1989. No maximum fee was indicated on the proposal because Mr. Kosoy preferred the consultant to bill for actual hours plus reimbursable expenses for preparation of the design, plans, and specifications. It was estimated that consultant services through award of contract for construction would not exceed $40,000.00 and construction phase services were also estimated not to exceed $40,000.00. PAGE EIGHT MINUTES V V MAY 28, 1991 NAME OF COMMRS. MSYN Cook x Motion: Accept Gee & Jenson proposal for consultant services Edwards x to update plans and specifications for improvements Tucker x x to water treatment plants #1 and #2 Weldon x x Gulliford x In brief discussion before the vote it was pointed out that this project was necessary to comply with the terms of the DER Consent Agreement. The question was called and the motion carried unanimously. G. Approval to pay A.J. Johns for sewer repair on West Eighth Street in the amount of $3,713.15 Mr. Kosoy explained the repairs had been necessary to repair a sink hole on West Eighth Street. Investigation of the problem revealed that it was not related to the Section H infrastructure improvement project. The contractor was requested to do the work because the city had neither the equipment nor the manpower to do the work. Cook x Motion: Approve payment to A.J. Johns in the amount of Edwards x x $3,731.15 for sewer repair on West Eighth Street Tucker x Weldon x x No discussion before the vote. The motion carried unanimously. Gulliford x H. Change Order #1 for rehabilitation and coating of the interiors of the ground water storage tanks at Atlantic Beach water treatment plant #1 Mr. Kosoy reported that prior to bidding the project the ground storage reservoirs had been drained and examined by city staff. At that time no major problems were apparent; however, it was expected that when sandblasting operations commenced major problem areas would be revealed. Sandblasting operations exposed a 3,000 sq. ft. area of major damage. This area was examined by Howie Green, the project inspector, and city staff. Mr. Kosoy recommended the damaged areas be restored by the contractor in accordance with his proposal of May 17, 1991 for $13,280.00. Cook x Motion: Approve Change Order #1 for rehabilitation and Edwards x coating of the interiors of ground water storage Tucker x x tanks at water treatment plant #1 Weldon x x Gulliford x In discussion before the vote, Commissioner Edwards felt the damage should have been anticipated in inspections before sandblasting operations started. The question was called and the motion carried on a 4 - 1 vote with Commissioner Edwards voting nay. 8. City Manager reports and/or correspondence: Mayor Gulliford asked for a status report on the proposal to plant PAGE NINE MINUTES V V MAY 28, 1991 NAME OF COMMRS. MSYN palm trees in the median on Atlantic Boulevard and Carl Walker, Beautification Coordinator, reported the Department of Transportation had indicated the permit should be issued any day. Mr. Walker reported, however, that Atlantic Boulevard was scheduled for repaving in July or August and the Department of Transportation may require that the trees not be planted until after the repaving has been completed. Mr. Walker said the city had been working for six or seven months to secure the necessary permit for this work. Motion: Direct the City Manager to make the resident Cook x engineer aware that this City Commission has Edwards x x formally requested that the permit be issued without Tucker x impediment and with alacrity Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. The City Manager thanked the citizens and the City Commission for providing the new City Hall for city employees. The said staff members had worked hard to facilitate the move, and the City manager recognized, in particular, the contributions of Don Ford. The City Commissioners all made complimentary comments about the new building but Commissioner Cook felt the dais was too high and it was difficult for the commissioners to see the audience. Commissioner Weldon requested that the City Manager make sure the portion of the old City Hall not being used by the Parks & Recreation Department be blocked off and locked as rapidly as possible, to provide for the safety and security of the building. Mayor Gulliford inquired into the status of the proposed sidewalks for Seminole Road and Bob Kosoy reported bids would be opened the following day. The Mayor also commented on the deplorable condition of the medians on Atlantic Boulevard. He suggested that while the medians were the property of Neptune Beach, the city would work with Neptune Beach and try to establish an "Adopt a Median" program which could be undertaken at a reasonable cost to be shared by both cities. He suggested checking into the cost of having this done by a lawn service. Mayor Gulliford also reported that the new Commission Chambers was equipped with devices for the hearing impaired and announced the dedication of the City Hall on June 1 , 1991 at 10:00 AM. There being no further business, the M. .r declare. the ,eetin• adjourned at 8:55 PM. 44re 1 am ulliford, ATTES T: Mayor/Presiding Offic )7762444-L-aw Maureen King, City lerk ALMIGHTY FATHER , WE THANK YOU FOR ALL THE BLESSINGS OF THIS LIFE WHICH WE CONTINUOUSLY RECIEVE AT YOUR HANDS ; AND IN THIS MEMORIAL DAY WEEK WE THANK YOU FOR THE SHORT DURATION OF HOSTILITIES IN THE PERSIAN GULF AND FOR THE GALLANT AMERICANS WHO SERVED THERE AND IN ALL OUR WARS , POLICE ACTIONS , AND CONFLICTS , ESPECIALLY FOR THOSE WHO GAVE THE LAST FULL MEASURE OF DEVOTION . WE THANK YOU FOR THE UNITED STATES OF AMERICA, FOR FLORIDA , AND FOR THE CITY OF ATLANTIC BEACH . WE ALSO THANK YOU FOk SEEING US INTO OUR NEW AND LONG-AWAIT- ED CITY HALL . AT THIS , OUR FIRST MEETING IN THIS NEW PUBLIC BUILD- ING , WE ASK YOUR VERY SPECIAL BLESSING ON THIS EDIFICE WHICH WILL BE DEDICATED TO SERVE AS A SMALL • BUT VALUABLE AND NECESSARY COG IN THE DEMOCRATIC STRUCTURE OF OUR NATION . WE ALSO ASK YOUR BLESSING ON ALL WHO SERVE HERE , NOW AND AT ANY TIME IN FUTURE YEARS , WHETHER AS ELECTED OFFICIALS , APPOINTED OFFICIALS , OR AS PUBLIC EMPLOY- EES . ENDUE US AND THEM WITH WISDOM , INTEGRITY , DEDICATION , ZEAL , AND A PUBLIC SPIRIT WHICH PLACES THE WELFARE OF ATLANTIC BEACH FAR ABOVE ANY SELFISH MOTIVES , DESIRES , OR MEANNESS OF SPIRIT , THEREBY DEVELOPING A HEALTHY TRUST IN THEIR GOVERNMENT BY OUR CITIZENS . WE ASK THAT YOU SMILE ON ALL WHO ARE GATHERED HERE THIS EVENING ; REMOVE ANY DOUBTS AND FORGIVE OUR PRIDE . BE WITH US AND ALL IN THE FUTURE AS WE GO ABOUT OUR CITY ' S BUSINESS . 11 I PRAY THIS IN THE NAME OF CHRIST JESUS . AMEN .