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11-23-87 v AGENDA ATLANTIC BEACH CITY COMMISSION November 23, 1987 Call to order Invocation and pledge to the flag 1. Approval of the minutes of the meeting of November 9, 1987 2. Recognition of visitors 3. Committee Reports: A. Commissioner Edwards to discuss engineering recommendations in regards to bids received for sewer line rehabilitation point repairs in Section "A", and the removal and replacement of nine manholes in the Selva Marina area 4. Action by the City Commission to authorize the Mayor and Clerk to execute a contract with the Department of Community Affairs for planning funds for the next fiscal year in the amount of $17,944.00. 5. Recommendations of the Community Development Board: 11/ A. Application by Homer Humphries and Bill Morgan for concept approval to re-combine three already platted lots along Beach Avenue and in the Beachside subdivision (Community Development Board recommends approval of concept) 6. Action on Ordinances: A. Ordinance No. 90-87-125 Introduction and first reading of an Ordinance proposing to rezone the area between Coral Street and Eighteenth Street and between Seminole Road and Beach Avenue from RG2 to RG1, and setting a public hearing for December 14, 1987 B. Ordinance No. 90-87-126 Introduction and first reading of an Ordinance approving the concept and development plan for Seminole Reach and Oceanside and setting a public hearing for December 14, 1987 C. Ordinance No. 58-87-10 Public hearing and final reading of an Ordinance amending the Ordinance Code regarding the City retirement system to reduce vesting time from ten years to five years. 7. Miscellaneous 8. Mayor to call on City Attorney, City Clerk, City Manager and City II! Commissioners for reports and/or requests Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON NOVEMBER 23, 1987 AT 7 :15PM V V O O T T 1RESENT: William S. Howell, Mayor/Presiding Officer E E Robert B. Cook, Sr. D D Glenn A. Edwards William I. Gulliford, Jr. M S Alan C. Jensen, Commissioners O E AND: Richard C. Fellows, City Manager T C Dan Livermore, Acting City Attorney I 0 Y Adelaide R. Tucker, City Clerk NAME OF ONEN COMMRS. ND SO - The meeting was called to order by Mayor Howell. The invocation,offered by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the minutes of the meeting of November 9, 1987 Commissioner Cook requested the minutes be corrected on page four to show the correct voting on motion for passage on first reading for Ordinance 58-87-10. The minutes reflected Commissioner Edwards voting twice, both aye and nay. The minutes did not show Commissioner Jensen voting. Motion: Minutes of the regular Commission meeting of November 9, Cook x x 1987 be approved as corrected. Edwards x x Gulliford x Io discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * ;; ;; * * * * * * * * * * * * * * * * * * * * * Howell x 2. Recognition of Visitors Mr. Fred Mills, the contractor who was building three condominiums at 1851 Beach Ave.for San Marco Realty offered to rebuild the beach access at 18th street in return for the right to use approximately three feet of the city's 10-foot access. Mr. Mills said the access was in deplor- able condition. He would furnish all labor if the city would furnish the material. His estimated cost was approximately $3,000. Mayor Howell thanked Mr. Mills for his offer. Relative to Mr. Mills' statement that the access was in deplorable condition,the Mayor asked that the record show "that's the way we inherited it from the consolidat- ed City of Jacksonville when Atlantic Beach annexed that area". Mayor Howell said he had "very, very serious misgivings about allowing use of public property for private use". Commissioner Gulliford said "he was totally opposed to any encroachment on city right-of-way, not only on Beach access, but also on the road-ways.There were problems that exist all through the city, particularly along Beach Avenue, because over the years people have encroached on city right-of-way". Commissioner Gulliford saw no justification for considering the offer. The Acting City Attorney, Mr.Livermore told the Commission that with a public right-of-way, the city would have to determine they did not .eed the three feet, close that part and abandon it. Then the title would go to the adjacent property owners. No action was taken. PAGE TWO V V MINUTES NAME OF NOVEMBER 23, 1987 COMMRS. MSYN • Committee Reports A. Commissioner Edwards to discuss engineering recommendations in regards to bids received for sewer line rehabilitation point repairs in Section "A", and the removal and replacement of nine manholes in the Selva Marina area Commissioner Edwards reported the Committee met at City Hall at 2:00 pn on Wednesday, November 18th. The City Manager announced two bids had been received, one from Fraley and Associates, and the other from Princess Construction. Fraley and Associates bid for the sewer rehabil=- tation work was $212,435.00, and removing and replacing nine manholes =n the Selva Marina area was $37,400. for a total of $249,835.00 The bid of Princess Construction Co. amounted to $375,570. for the sewer rehab=li- tation work and $89,900. for the removal and replacement of nine manholes in the Selva Marina area for a total of $465,470.00. Evaluation of the bids indicated the bidders were the previous bidders and both had increased their prices, exclusive of the nine manhole pro- ject. The initial feeling of the committee was the bids were too high and the engineers should do further study and report back with their recommendations. Motion: Reject all bids. Cook x Edwards x During discussion over why the bidders had increased their prices so much, Mr. Jim Jacques of Smith & Gillespie Engineers told the Commission there was no logic reason for the increase. Mr. Jacques stated that the bid was put in two parts forming the base bid, an EPA eligible being part one (1) and a City-funded noneligible part in association with the line work being part 2 (two) . Mr. Jacques said they could not change the scope of work in part one, part one being a fixed item of work as established and approved by EPA. However the scope of work in part two could be adjusted. He stated that after the first bidding period when the prices came in high, they decided to reduce the scope of work in part two. Prices received on this bid for combination of parts one and two forming the base bid only, showed a substantial increase. Mr.Jacques felt the contractors were trying to recoup some of their money. Mr. Cook asked why there were only two bids. Mr. Jacques replied that they talked to several contractors and the contracting plan rooms who notify the contractors. Smith and Gillespie notified 33 contractors by direct mail and 6 plan rooms who have access to over 400 pipeline contractors. He stated that he had talked to a half a dozen contractors and they gave varing reasons, two giving the reason they thought someone else was going to bid the job, one saying he was too busy. Mr. Cook asked Mr. Jacques if he thought they would get more bids if they raited until later on in the year. Mr. Jacques said he saw no purpose, it that time, to immediately rebid. The purpose in waiting until May was to combine this with the next phase of sewer rehabilitation, which was in the design stage. Mr. Jacques said they will be aiming toward a second PAGE THREE V V MINUTES NAME OF NOVEMBER 23, 1987 COMMRS. MSYN 3A. Committee Report Continued grant in approximately April or May, 1988. The scope of work will more than double by combining the two parts. Commissioner Gulliford wondered if the technical wording in the speci- fications helped to create the problem of the lack of bidders. Mr. Jacques responded their specifications were standard specifications in the industry for that type of work. The work involved was under EPA regulations, which meant the project would be reviewed during the study, design, and construction phases by EPA representatives. The construction phase would be directly inspected by the Corp of Engineers as well as FDER's construction department. They knew what needs to go into specifications to make them work. Smith & Gillespie's specifications were toughen by DER, at their request, to meet the stringent EPA regula- tions for pipeline work. Cook x Following discussion, the question was called, and the motion carried Edwards x unanimously. Gulliford x Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * ;: * ;e * * Howell x 4. Action by the City Commission to authorize the Mayor and Clerk to :xecute a contract with the Department of Community Affairs for planning Bunds for the next fiscal year in the amount of $17,944.00 Motion: Authorize the Mayor and Clerk to execute a contract with Cook x the Department of Community Affairs for planning funds for Edwards x x the next fiscal year in the amount of $17,944.00. Gulliford x Jensen x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * ;; * * * * * * * 5. Recommendations of the Community Development Board: A. Application by Homer Humphries and Bill Morgan for concept approval to re-combine three already platted lots along Beach Ave. and in the Beachside subdivision Mr. Dillon Morgan, representing his family and Mr. Humphries, told the Commission they were asking for a compromise re-combination of a project that had previously appeared before the Community Development Board. They planned to follow the guidelines of the Growth Management Act, 1986 giving the following conditions: reduce the density from 4 to 3 units; the re-combination would have been allowed, prior to annexation, under the City of Jacksonville; they now have the written support of the Beach- side Association who have covenants and restrictions, on part of the property, that they did not previously have. The Community Development 3oard had also unanimously approved their concept. Mr. Morgan added they :hought it was an innovative solution to serve the community under special conditions. • PAGE FOUR V V MINUTES NAME OF NOVEMBER 23, 1987 COMMRS. MSYN D. Recommendations of Community Development Bd. - continued Mayor Howell asked if Beachside covenants and restrictions had any re- strictions that would prevent such a project. Mr. Morgan replied in the negative, but he said Beachside Association had to vote to approve to have the parcel of property on Beach Avenue added to their subdivis=on. Following discussion on the possibility of amending our Ordinance, the Mayor suggested they refer the matter to the City Attorney to research for a solution, and to report back at the next meeting. Commission agreed. 6. Action on Ordinances: A. Ordinance NO. 90-87-125 - First reading AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY 07 ATLANTIC BEACH, FLORIDA; AMENDING THE ZONING ATLAS BY REZONING PROPERTY BOUNDED BY CORAL STREET ON THE SOUTH, EIGHTEENTH STREET ON THE NORTH, SEMINOLE ROAD ON THE WEST AND BEACH AVENUE ON THE EAST FROM RG-2 RESI- DENTIAL GENERAL MULTI-FAMILY TO RG1-RESIDENTIAL GENERAL TWO-FAMILY TO PROVIDE A MORE SUITABLE LAND USE CONSISTENT WITH THE CITY OF ATLANTIC BEACH COMPREHENSIVE PLAN; AND PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90-87-125 on first reading. Motion: Passage of Ordinance No. 90-87-125 on first reading. Cook x Edwards x x Gulliford x During discussion before the vote, Mayor Howell expressed concern over Jensen x x the possibility that all property owners had not been contacted for Howell x their approval/and or disapproval. The petition contained approximately 37 signatures and there were 80 parcels of land that would be down-zoned. He had no objections to the change if all property owners approved. Mr Fellows told the Commission he would contact Mrs. Julie Anderson who started the petition, to check for property owners. Following discussion, the question was called and the motion carried unanimously. Mayor Howe_l set the Public Hearing for January 11, 1988. B. Ordinance No. 90-87-126 - First reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH ACCEPTING AND APPROVING LAND DEVELOPMENT PLAN AND PROPOSAL SUBMITTED BY MR. MICHAEL A. AKEL AND CER- TAIN CONDITIONS FOR DEVELOPMENT OF LAND IN THE CITY OF ATLANTIC BEACH; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 90-87-126 on first reading. Cook x x Motion: Passage of Ordinance No. 90-87-126 on first reading. Edwards x Gulliford x x lo discussion before the vote. Motion carried unanimously. Mayor Jensen x Howell set the Public Hearing for December 14, 1987. Howell x * * * * * * * * * * * * * * * .`. * * * is * * * * .'< * * * * * * • • PAGE FIVE V V MINUTES NAME OF NOVEMBER 23,1987 COMMRS. MSYN n. Action on Ordinances - continued C. Ordinance No. 58-87-10 - Public Hearing and final reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 2, ARTICLE VI, DIVISION 3, TO PROVIDE VESTING IN THE CITY RETIREMENT SYSTEM IN FIVE YEARS INSTEAD OF TEN YEARS; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing, Ordinance No. 58-87-10 on second and final reading. Said Ordinance was posted in line with Charter requirements. The Mayor opened the floor for a Public Hearing and in- vited comments from the audience. Mr. Richard White, representing the Pension Board, urged passage of the amendment to the Ordinance. The Board voted unanimously to recommend passage. They wanted the city's plan to be competitive with private industry so as to lure employees. Cost to the city would be negligible. As no one else spoke for or against the Ordinance, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 58-87-10 on second and final Cook x reading. Edwards x Gulliford x x No discussion before the vote. Motion carried with a three to two Jensen x x vote. Mayor Howell and Commissioner Edwards voted nay. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * 7. Miscellaneous Commissioner commented he had heard increasing comments over the last few months about automobile theft and burglaries along Beach Avenue, and asked for a status report. Chief Thompson reported there had been a rash of auto burglaries over the last six months throughout that section. He stepped up patrol and was successful in arresting several individuals, some juveniles. They have been successful in using officers in plain clothes and/or unmarked cars along Beach Avenue. Commissioner Edwards announced the President of The Fl. League of Cities had appointed him to the Environmental Quality Couuuittee. Commissioner Gulliford noted for several months he had heard discussions on the question of what defined "Personal & City Usage of City Vehicles". Since the Commission was the policy body of the Community, he presented in full, in writing Resolution NO. 87-42, a Resolution setting policy for personal use of city vehicles. Motion: Passage of Resolution NO. 87-42. Cook x Edwards x x Gulliford x x Following discussion, the question was called and the motion carried Jensen x -nanimously. Howell x * * * * * * * * * * * ;; * * * * * * * * *- * * * * * * * * * * • PAGE SIX V V MINUTES NAME OF NOVEMBER 23, 1987 COMMRS. MSYN miscellaneous - continued Mayor Howell thanked Mr. Livermore for serving as City Attorney during the meeting. Mr. Livermore was one of the outstanding attorneys who served on the General Counsel for the City of Jacksonville for several years, and presently is one of the outstanding Bond Attorneys in the State of Florida. Mayor Howell announced a meeting had been held that afternoon with representatives of the City of Neptune Beach relative to the sewer connection for the proposed shopping center on Atlantic Blvd. He will report back when they hear from the developer and his engineer. The City Manager reported that at the meeting of October 12, 1987, the Commission received a report from the Professional Services Evaluation Committee composed of Mr. Mullis, himself and Mr. Johnson. The report said the proposed engineering fee for Gee & Jenson on the water plant improvements and Royal Palms water main improvements was $87,330. The construction observation would be $22,000. additional for a total of $109,000.00. The contract came back with a total amount of $92,700.00 which included the construction inspections. Mr. Fellows added the City Commission, on January 12, 1987, approved the transfer of a utility service agreement assets from SGM & 0 Joint enture One to C & F Seminole Associates in Rochester. SGM & 0 had _sked that the transfer be reversed as the sale of the property did not go through. The agreement was drawn in connection with Seminole Reach and Oceanside. Motion: Rescind the motion made on January 12,1987 to approve the Cook x transfer of a utility service agreement between the City Edwards x x and SGM & 0, Joint Venture I to C&F Seminole Associates, Gulliford x x Rochester, New York. Jensen x Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * There being no other business to come before the Commission, the Mayor declared the meeting adjourned. 1, , 4`1 illia ` . Howell Mayor/Presiding Officer ATTEST: Adelaide R. Tucker ^ity Clerk RESOLUTION NO. 87-42 A RESOLUTION SETTING POLICY FOR PERSONAL USE OF CITY VEHICLES ' Whereas~ the Commission of the City of Atlantic Beach recognizes the public trust placed in this body, and; Whereas, it specifically recognizes that unauthorized personal use of City vehicles and equipment is a violation of that public trust, be it resolved that the following policy is in effect from the date of its passage, and; Whereas, there is to be no personal use of City equipment and vehicles. The only exception is when the individual assigned to a vehicle is on emergency call . the definition of "emergency call " will limit the operation of the vehicle within the confines of the Beaches area and Mayport, and; Whereas, the Beaches area is that area bounded on the North by the St. Johns River; on the East by the Atlantic Ocean; on the South by Solerno Road; and on the West by the Intercoastal Waterway; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA that commuting to and from work with a City owned vehicle is prohibited except when the driver of that vehicle is on twenty four hour call , and then only if the individual resides in Atlantic Beach. Violation of this policy by any employee of the City of Atlantic Beach shall necessitate immediate dismissal . Adopted by the City Commission of Atlantic Beach, Florida this 23rd day of November, 1987. * ' lli - o S. Howell , Mayor Approv d s to Form and Content: Claude L. Mullis, City Attorney ATTEST: 3 /,L/�_ ��'�� �/�_-___ Adelaide R. Tucker, City Clerk