Loading...
10-09-89 v CITY OF ATLANTIC BEACH REGULAR MEETING, MONDAY OCTOBER 9, 1989 AGENDA Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meetings of September 25, 1989 and October 3, 1989. 2. Recognition of Visitors: 3. Old Business: A. Discussion and related action regarding the neon lighting at the Sea Turtle (Mayor Gulliford) 4. Consent Agenda: A. Jacksonville Beach Lions Club would like to solicit donations Nov. 11, 1989 9 a.m. - 4 p.m. at the intersection of Royal Palm, Atlantic Boulevard and Penman Road with funds collected being used to provide sight and hearing services for the indigents in the Beaches area. B. Receipt of letter from Ocean Walk Homeowners Association offering their appreciation to the Atlantic Beach Police Department response to speeding in their area. C. Recognition of Officer Charles Williams of the Atlantic Beach Police Department for his quick, decisive and unselfish action of dragging two burning victims away from a motorcycle accident September 20, 1989 on Mayport Road. D. Approval of Budget Resolution #89-47 to provide additional budget for various accounts. E. Approval of Budget Resolution #89-48 to provide budget for the payment of interest on the Gulfbreeze loan. F. Approval of Budget Resolution #89-49 to establish a budget for the Oak Harbor Water and Sewer System for Fiscal Year 1988-89. G. Approval of Budget Resolution #89-50 to provide budget for additional expenditures for the dune overwalk built at 16th Street. H. Approval of Budget Resolution #89-51 to establish a budget for the recreation grant for the regional park. I. Approval of Budget Resolution #89-52 to provide additional budget for the Buccaneer Sewer Fund which did not have sufficient budget to absorb the increased expenditures resulting from the purchase of the Oak Harbor system. 5. New Business: A. Request authorization for Gee and Jenson to prepare Buccaneer Water Distribution map (Harry McNally) B. Change Order #3 for Sewer Lift Station/Wet Well Rehabilitation from Michael, Wright and Maclean Construction Company for wet well coatings. 6. Committee Reports: A. Chairman of the Awards Committee, Commissioner Glenn Edwards to submit recommendations and report on Section H improvements. 7. Actions on Ordinances: A. Second reading and public hearing of Ordinance #90-89-147 amending Chapter 24 of the Comprehensive Zoning Ordinance and Land Development Code by amending the official zoning map to rezone lots 41, 42, 45, 46, 47, 48, 50, 51, 52, 54, 59 North Atlantic Beach Unit Two from RG2 to RG1 B. Second reading and public hearing of Ordinance #40-89-16 amending section 3 of Ordinance #40-79-9 granting non-exclusive franchise to Cox Cable of Jacksonville Beaches, Inc. and whereby Ordinance # 40-85-13 did approve the transfer of the non-exclusive franchise to Rifkin/Jacksonville Associates. , Ltd. and whereby Ordinance #40-89-16 will authorize the acquisition and consequent transfer of all the direct and indirect equity interests in Rifkin/Jacksonville Associates, Ltd. by Continental Cablevision of Jacksonville, Inc. 8. City Manager Reports and/or Correspondence: A. Letter of commendation from Jack Brooks concerning the efforts put forth to help Hurricane Hugo victims in South Carolina 9. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Opinion of City Attorney regarding the Tourist Development Tax and Mr. William Trotters' request for a $5,000 donation for advertising purposes for the American Lighthouse Historical Society. Adjournment • MINUTES OF THE REGULAR MEETING OF THE MANTIC BEACH CITY COM V V MISSION HELD AT CITY HALL ON OCTOBER 9, 1989 AT 7:15 PM O O PRESENT: William I. Gulliford, Mayor T T Robert B. Cook, Sr. E E Glenn A. Edwards D D Alan C. Jensen Adelaide R. Tucker M S O E AND: Kim D. Leinbach, City Manager T C Mark Arnold, Interim City Attorney (Substituting) I O Y Maureen King, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meetings of September 25, and October 3, 1989. Cook x Notion: Approve minutes of the regular meeting of September Edwards x x 25, 1989 Jensen x Tucker x x No discussion before the vote. The motion carried unanimously. Culliford x Cook x Motion: Approve minutes of the regular meeting of October 3, Edwards x 1989 Jensen x x Tucker x x No discussion before the vote. The motion carried unanimously. Culliford x 2. Recognition of visitors: Jim Robertson of the Vietnam Veterans of North Florida, Inc. , said their organization was planning to bring the Vietnam Veterans Memorial known as the "Healing Wall" to the Beaches area between October 27 and November 2, 1989. He said 500,000 people had visited Metropolitan Park for a similar exhibition of the Wall last year. The other beach cities had each donated $3,000 towards this exhibition and he solicited a similar donation from Atlantic Beach. Cook x x Edwards x x Motion: Authorize donation of $3,000.00 toward the exhibition Jensen x of the Vietnam Veterans Healing Wall Memorial Tucker x Gulli_ford x In discussion before the vote, Mr. Arnold was asked whether this exhibition would fall within the approved uses for the Convention Development Tax funds. Mr. Robertson said the money would be used to defray the cost of transportation of the Wall, and also to cover some of the expenses of representatives who travel with the wall, printing of posters and advertising, security, etc. , and Mr. Arnold said Convention Development revenues would not be approved for those uses. Any surplus funds would be sent to the Vietnam Veterans Memorial Fund in Washington. The Commissioners were invited to ittend the opening ceremonies and Mayor Gulliford was invited to be a guest speaker at those ceremonies. The question was called the the motion carried unanimously. PAGE TWO V V MINUTES NAME OF OCTOBER 9, 1989 COMMRS. M S Y N Agenda Item 6A was taken out of sequence and was addressed at this time. 6. Ccamittee Reports: A. Chairman of the Awards COmaittee, Commissioner Glenn Edwards to submit recommendations and report on Section H improvements. Don Ruckman, representing the engineers on the Section H project, Bessent, Hammack & Ruckman, presented each Commissioner with bid tabulation and letter of recommendation regarding the award of bids, copies of which are attached hereto and made a part hereof. He said six bids had been received and after meeting with the low bidder, it was their recommendation the bid be awarded to Barco/Duval in the amount of $3,310,084.75, which was some $200,000.00 below the engineers estimate. Notion: Accept the recommendation of Bessent Hammack and Ruckman and award bid as follows: Section H Water, Sewer, Paving and Drainage Infrastructure to Barco/Duval Engineering, Inc., in Cook x the amount of $3,310,084.75; Geotechnical/Materials Edwards x x Testing to Atlanta Testing and Engineering in the Jensen x x amount of $9,535.00; authorize Bessent, Hammack & Tucker x Ruckman to proceed with field inspection in Gulliford x accordance with the existing agreanent with the city in the amount of $125,217.00; horizontal and vertical control for the construction to Northeast Florida Surveyors in the amount of $15,000.00. No discussion before the vote. The motion carried unanimously. The City Manager said he expected several trees within the city's right-of-ways would need to be removed to facilitate construction. For the purpose of improvements in Section H, he requested permission to waive the requirements provided in the city code regarding the removal of trees Section H. He said every effort would be made to save trees not located in the right-of-way. Cook x Notion: For the purpose of improvements in Section H, waive Edwards x x the requirements of the city code as it applies to Jensen x removal of trees located in the right—of- ray Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. Mr. Ruckman said he felt the Notice to Proceed would be issued within ten days and he anticipated construction would begin in thirty days. PAGE THREE V V MINUTES NAME OF OC'T'OBER 9, 1989 COMMRS. M S Y N 3. Old Business: Mayor Gulliford said he was still receiving complaints about the neon light on the Sea Turtle Inn. He asked whether the city could reimburse the Sea Turtle for the cost of the light and the City Attorney said he would look into the legality of such action but that he did not feel this would be an approved use of revenues. He said he felt the city should try to negotiate further and if that failed, the property owners in the area could bring their own action against the Sea Turtle. Commissioner Cook said he felt the complaints were being made by just a few people and suggested that possibly, the lights could be turned out during the sea turtle season. The City Attorney was asked to review the city's ordinance under which the permit had been issued and report back. It was also suggested that a disclaimer statement to the effect issuance of the permit does not allow the recipient to abridge any ordinances, laws, etc. Violations of the city code would then be heard by the Code Enforcement Board for resolution of the problem. 4. Consent Agenda: A. Jacksonville Beach Lions Club would like to solicit donations frau 9:00 AM to 4:00 PM on November 11, 1989 at the intersection of Royal Palms, Atlantic Boulevard and Penman Road with the funds collected being used to provide sight and hearing services for the indigents in the Beaches area. B. Receipt of letter from Ocean Walk Homeowners Association offering their appreciation to the Atlantic Beach Police Department's response to speeding in their area C. Recognition of Officer Charles Williams of the Atlantic Beach Police Department for his quick, decisive and unselfish action of dragging two burning victims away frau a motorcycle accident September 20, 1989 on Mayport Road D. Approval of Budget Resolution No. 89-47 to provide additional budget for various accounts E. Approval of Budget Resolution No. 89-48 to provide budget for the payment of interest on the Gulfbreeze loan F. Approval of Budget Resolution No. 89-49 to establish a budget for the Oak Harbor Water and Sewer Systan for Fiscal Year 1988-89 G. Approval of Budget Resolution No. 89-50 to provide budget for additional expenditures for the dune overwaik built at Sixteenth Street H. Approval of Budget Resolution No. 89-51 to establish a budget for the recreation grant for the regional park PAGE FOUR V V MINUTES NAME OF OCTOBER 9, 1989 COMMRS. MSYN I. Approval of Budget Resolution no. 89-52 to provide additional budget for the Buccaneer Sewer Find which did not have sufficient budget to absorb the increased expenditures resulting from the purchase of Oak Harbor system At the request of Commissioners Cook and Jensen respectively, Items "D" and "G" were removed from the Consent Agenda. Cook x Edwards x Notion: Pass Consent Agenda, with the exception of items D Jensen x x and G Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. Consent Agenda, Item D: Approval of Budget Resolution No. 89-47 to provide additional budget for various accounts At the request of Commissioner Cook, Harry Royal explained $250,000 had been budgeted last year for a transfer station. The transfer station had not been built and this money was being transferred into various accounts in the general fund. Cook x x Edwards x x Notion: Approve passage of Resolution No. 89-47, Item D of Jensen x the Consent Agenda Tucker x Gulliford x No further discussion. The motion carried unanimously. Consent Agenda, Itan G: Approval of Budget Resolution No. 89-50 to provide budget for additional expenditures for the dune overwalk built at Sixteenth Street Harry Royal explained when the dune overwaiks were constructed, Sixteenth Street had not been included in the project; however, while the contractor was in the area he had submitted a bid for construction of the Sixteenth Street dune overwalk and it was decided to include it in the project. The $18,000 was to cover the construction completed thus far. Cook x Edwards x Motion: Approve passage of Resolution No. 89-50, Item G on Jensen x x the Consent Agenda Tucker x x Gulliford x No further discussion. The motion carried unanimously. 5. New Business: A. Request authorization for Gee & Jenson to prepare Buccaneer Water Distribution map (Harry McNally) 4r. McNally requested Gee and Jenson be authorized to proceed with maps of the Buccaneer Water and Sewer System, including recent system extensions, in accordance with their letter proposal dated September 21, 1989 PAGE FIVE V V MINUTES NAME OF OCTOBER 9, 1989 COMMRS. M S Y N Cook x x Nbtion: Authorize Gee & Jenson to proceed with updating Edwards x maps of the Buccaneer utility system at a cost of Jensen x $3,000 Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Change Order #3 for sewer lift station/wet well rehabilitation from Michael, Wright and Maclean Construction Company for wet well coatings Doug Layton of Smith and Gillespie Engineers said excessive deterioration was discovered on Wetwell "C" and a build-up was necessary before the coating material could be applied. He said the top coating on all six wetwells had not cured properly and tests performed by the manufacturer indicated the problem was not in the manufacturing. Mr. Layton said a sample would be sent to an independent lab to determine whether the problem was with the manufacturer or elsewhere. In the meantime, final payment of $13,600.00 is being withheld pending resolution of the problem. The City Manager said the problem was either with the engineer, the manufacturer, or the contractor and the city would hope the problem can be resolved by those parties. Cook x x Notion: Authorize Change Order No. 3 in the amount of Edwards x $1,542.34 to repair excessive deterioration of Jensen x x Wetwell C Tucker x GUlliford x No discussion before the vote. The notion carried unanimously. 7. Action on Ordinances: A. Ordinance No. 90-89-147 - Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING MAP TO REZONE LOTS 41, 42, 45, 46, 47, 48, 50, 51, 52, 54, 59, AND 60, NORTH ATLANTIC BEACH UNIT NO. 2 FROM RG2 RESIDENTIAL GENERAL MULTIPLE FAMILY TO RG1 RESIDENTIAL GENERAL TWO FANCILY AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 90-89-147 on second and final reading. Said ordinance was posted in accordance with Charter requirements. The Mayor opened the floor for a public hearing and invited comments from the audience. Since no one spoke for or against the ordinance, the Mayor declared the public hearing closed. Cook x Edwards x Notion: Approve passage of Ordinance No. 90-89-147 on final Jensen x x reading Tucker x x Gulliford x No discussion before the vote. The motion carried unanimously. PAGE SIX V V MINUTES NAME OF OCTOBER 9, 1989 COMMRS. M S Y N B. Ordinance No. 40-89-16 - Final Reading AN ORDINANCE AMENDING SECTION 3 OF ORDINANCE NO. 40-79-9 OF ATLANTIC BEACH, FLORIDA, GRANTING NON-EXCLUSIVE FRANCHISE TO COX CABLE OF BEACHES,JACKSONVILLE INC. AND WHEREBY ORDINANCE NO. 40-85-13 OF ATLANTIC BEACH, FLORIDA, DID APPROVE THE TRANSFER OF THE NON-EXCLUSIVE FRANCHISE TO RIFKIN/JACKSONVILLE ASSOCIATES, LTD. AND WHEREBY ORDINANCE NO. 40-89-16 WILL AUTHORIZE THE ACQUISITION AND CONSEQUENT TRANSFER OF ALL THE DIRECT AND INDIRECT EQUITY INTERESTS IN RIFKIN/JACKSONVILLE ASSOCIATES, LTD. BY CONTINENTAL CABLEVISION OF JACKSONVILLE INC., AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 40-89-16 on second and final reading. Said ordinance was posted in accordance with Charter requirements. The Mayor opened the floor for a public hearing and invited comments from the audience. Since no one spoke for or against the ordinance, the Mayor declared the public hearing closed. Cook x x Edwards x x Notion: Approve passage of Ordinance No. 40-89-16 on final Jensen x reading Tucker x Gulliford x No discussion before the vote. The motion carried unanimously. 3. City Manager reports and/or correspondence A. Letter of commendation from Jack Brooks concerning the efforts put forth to help Hurricane Hugo victims in South Carolina The City Manager reported he had received a letter from Jack Brooks thanking the mayor and members of the Atlantic Beach Police Department for their efforts in connection with the relief work. He also requested a special meeting be scheduled for Monday, October 16, 1989 at 7:15 PM for the purpose of discussions regarding the storm water utility and interview with the engineer on said project. The City Manager also reported the city was now ready to finalize the collective bargaining agreement with the Atlantic Beach Police Department and a it was decided a brief collective bargaining meeting would be held after this meeting. 9. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Opinion of City Attorney regarding the Tourist Development Tax and Mr. William Trotter's request for a $5,000 donation for advertising purposes for the American Lighthouse Historical Society. Mr. Arnold said it was his opinion the Tourist Development Tax revenues could not be spent for advertising purposes and he had submitted this opinion in writing. V V PAGE SEVEN NAME OF MINUTES COMMRS. MSYN uk.aussx-J-, 1959 --, There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:05 If�_ � A ' it iam I. Gullifor. _ Mayor/Presiding Offi.- ATTES T: .c/L.(��LY Maur n King, City/Clerk Bessent, Hammack & Ruckman, Inc. CONSULTING AND DESIGN ENGINEERS 14100 CORF'ORVTE SQUARE BOULEVARD•JACKSONVILLE,FLORIDA 32216.(90-0721 2991 JACKSONVILLE/TAMPA October 9, 1989 Mr. Kim D. Leinbach, City Manager City of Atlantic Beach 716 Ocean Boulevard Atlantic Beach, Florida 32233 Re: Section "H" Water, Sewer, Paving and Drainage Infrastructure BHR No. 58604 . 06 Dear Mr. Leinbach: Bids were received at 2 : 00 P.M. October 2, 1989 for subject construction project. Bids were received at City Hall , opened and read aloud. The proposals were then referred to Bessent, Hammack & Ruckman, Inc. (BHR) for review and recommendation. Bessent, Hammack & Ruckman, Inc. , has reviewed the six ( 6 ) Bids (Bid Tabulation attached) , and find the bids to be in order. A meeting was held with the low bidder October 9, 1989 to confirm an clarify certain cost items (a copy of the meeting minutes will be forwarded to each attendee promptly) . Based upon our analysis of the bids and confirmation at todays meeting, BHR respectfully recommends award of the contract to the low bidder, Barco/Duval Engineering, Inc . , in the amount of Three Million Three Hundred-ten Thousand Eighty-four dollars and Seventy-five Cents ( $3, 310, 084 . 75) . In order to implement the construction project, there are three other matters requiring your authorization: 1) Geotechnical/Materials Testing - we recommend Atlanta Testing and Engineering - $9, 535 . 00 2 ) BHR ' s original contract was approved by the City Commission including field inspection services. We need authorization to proceed in accordance with our September 27, 1989 letter, which is for the original contract amount of $12.5, 217 . 00 . October 9, 1989 Mr. Kim D. Leinbach Page Two 3) The construction contract requires the City to place horizontal and vertical control for the construction work. Northeast Florida Surveyors (NFS) has prepared the topographic data for the design work, therefore, a great deal of background information is available. We respectfully request your concurrence for NFS to set horizontal and vertical control as outlined in our August 30, 1989 letter in the amount of $15, 000 . 00 (NFS is a sister company to BHR) . We respectfully request your authorization to proceed with the aforementioned items so that the construction project can be implemented. We are very pleased with the contractors proposal and look forward to a successful completion. If you have any questions or need additional information, please do not hesitate to give us a call . Very truly yours, THE : - -e" OMPANIES Donald K. Ruckman DKR/mg Enclosure BID DATE . 10-2-89 " 'n 143'_ Ti(M i ‘, BID TIME : 2 : 00 P.m. BESSENT, HAMMACK & RUCKMAN INC. CITY OF ATLANTIC BEACH IBID ITEM #2 IBI^ ITEM 3 I ADDENDUM CONTRACTOR NAME TOTAL BID BID ITEM #1 GRAVITY SEW. PUMPING BID ITEM BID ITEM #5 BID ITM #6 ACKNOW- BID BOND ITEMS 1 - 6 WATER MAIN & FORCE MAIN STATION EAR & c . T► , 7 0-, LA 7J3ATN T.F.n(;Fn PFCFINED Engineer - BHR, INC. 3, 577 , 190 . 00 466, 100 . 00 720, 310 . 00 202 , 000 . 00 3201220 . 00 11, 243, 110 . h1 . `i :10 . 00 Barco/Duval Engineers 3, 310, 084 . 75 422 , 004 . 00 604, 651. 75 •234, 000 . 00 403, 513 . 00 ' 897 . 553 . 50 74c , 3 ;-Z . 50 X X J.B. Coxwell Const. 3 , 547, 327 . 40 471, 424 . 70 _639, 498 . 75 254 , 500 . 00 590, 817 . 00 940, 294 . 25 65(: , 72 . 70 X X A.J. Johns, Inc . 3, 338, 957 . 75 400, 004 . 00 575, 151. 75 220, 750 . 00 594, 875 . 00 942, 525- 001 60S 632 . 00 X X Hubbard Const. 3 , 455, 485. 70 455, 476 . 75 578, 574 . 45 270, 000 . 00 3161_40 . 50 1, 012 , 543 . 10; 32:' , 70 . 90 X X Metric Const. 3, 374 , 882 . 20 376, 871. 10 879, 411. 20 230. 000 . 09 1J_6, 450 C0 ; 915; '_96 . 90 85. , 9 3 . 00 X X Chapman Const. 3 . 478. 796 . 90 572, 720 . 00 797 , 795 0n 21R�=^;S _ nn 411 3a0 '9 S2 �- ant 622.,40. 00 X X I — I I !