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05-13-74 v CITY OF ATLANTIC BEACH, FLORIDA AGENDA MAY 13, 1974 1 . Call to Order 2 . Invocation 3 . Approval of the Minutes of April 22, 1974 4. Recognition of Visitors 5. Correspondence 6 . Commission Consideration A. Bid Opening - Fire Engine B. Bid Award - Water Plant C. Ordinance No. 90-74-62 Additional Consideration D. Sewer Service for West 4th Street - Preliminary Information E. Request Trailer Section H - 0. R. Braddock, Jr. F. Request for Sewer and Water - Mr. Howard Harvel G. Request for Sewer and Water - Mr. Harry G. Warnock, Jr. H, Uncompleted Park Selva Farina (Petition submitted) I . Mrs. Ruth Gregg -- Report on Royal Palms J. Authorize Mr. Parks to Procede with Water Plans K. Water Service - North Atlantic Beach - Tore King L. Ordinance No. 90-74-63 First Reading M . Ordinance - Franchise/JEA N. Maintenance Agreement - D.O .T. , Traffic Signal O . Policy Commitment Re: Traffic Signals Atlantic Blvd. 7. City Clerk 8. Chief of Police 9. Director of Public Works 10. City Manager 11. Commissioners 12 . Mayor 13 . Adjourn MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, MAY 13, 1974, AT 6:00 P . M. PRESENT William S ., Howell, Mayor--Commissioner Robert R. Rosborough, II Robert B. Cook, Sr. , Commissioners AND R. C . Vogel., City Manager Oliver C. Ball, City Attorney Gloria June Knight, City Clerk ABSENT: L. W. Minton, Jr. , Commissioner - Out of the City F. W. Fogg, Commissioner The meeting was called to order by Mayor-Commissioner, Mr. Howell. The invocation was given by Commissioner Rosborough, followed by the pledge to the flag . The minutes of the meeting of April 22, 1974, were approved as written upon a motion by Commissioner Cook, seconded by Commissioner Rosborough and carried. Mayor Howell recognized visitors and called for any business from the floor not on the agenda . There was none. Correspondence : Atlantic Beach Community School The Atlantic Beach Community School requested to be allowed to use the Atlantic Beach Recreation Department as co-sponsor in their publicity and that the school be allowed to use the Atlantic Beach Recreation Department facilities. It was moved by Commissioner Rosborough, seconded by Commissioner Cook and carried that the Atlantic Beach Community School be allowed to use the Atlantic Beach Recreation Department facilities in conjunction with the spring and summer recreation program. Bid Opening -- Fire Engine Fire Trucks, Inc. , Mt Clemens, Michigan (Three Bids Submitted) Net Delivered Atlantic Beach $36,058.00 Alternate No. 1 $37, 858.00 Alternate No. 2 $40, 500.00 Biscayne Fire Equipment Co. , Inc. , Miami, Florida Net Delivered Atlantic Beach $29, 000.00 No other bids were received. MINUTES, MAY 13, 1974, PAGE TWO It was moved by Commissioner Rosborough, seconded by Commissioner Cook and carried that the City of Atlantic Beach accept the low bid from Biscayne Fire Equipment Company with the provision that the apparatus meets the specifications and that the engine is adequate to run the pump. Bid Award - Water Plant: Commissioner Cook read a committee report prepared by Mr. Walter J. Parks, City Engineer. "In consideration of the facts that all bids were irregular, the earliest stipulating time of completion would be from seven to eight months after award of contract and the Specifications did not contain a penalty clause, it is recommended that all bids be rejected, the Engineer autho- rized to prepare an Addendum to the Plans and Specifications, and that new bids be received on May 27, 1974. " It was moved by Commissioner Cook, seconded by Commissioner Ros- borough and carried that the bids for the additional primary water pump be rejected and the City Engineer call for new bids. Authorize Mr. Parks to Proceed with Water Plans: It was moved by Commissioner Cook, seconded by Commissioner Ros- borough and carried to authorize the City Engineer, Mr. Parks, to proceed with the enlargement of the water plant over and above the bids the City has already received. Ordinance No. 90-74-62 Additional Consideration: Ordinance No. 90-74-62 amending Chapter 28-11(G) (3) maximum ratio of living units; from 20 units per acre; to 10 units per acre was presented for additional consideration. After discussion, it was moved by Commissioner Cook, seconded by Commissioner Rosborough and carried that Ordinance No. 90-74-62 not be passed. Sewer Service for West 4th Street - Preliminary Information: Mr. Vogel stated that the request for sewer service for West 4th Street sets up a small sewer district for West 3rd, 4th and 5th Streets and a portion of Main Street lying between 2nd and 5th Streets. It will extend sewage to all property that can be served by this line. Mr. Vogel stated that it will be necessary for him to get out a questionaire for property owners on the streets involved. MINUTES, MAY 13, 1974, PAGE THREE If the City receives approval from the majority of the property owners, then the City can authorize the City Engineer to proceed with the plans and specifications to extend sewer lines to accomodate these people that are within the City Limits° It was moved by Com- missioner Rosborough, seconded by Commissioner Cook and carried that the City Manager send the necessary questionaire to the above men- tioned property owners to ascertain whether or not they are interest- ed in sewer service. Request Trailer Section H - 0 . R. Braddock, Jr. : Mayor Howell stated that at the last meeting of the Advisory Planning Board trailers were discussed. The Advisory Planning Board will be discussing trailers at their meeting on May 21, 1974. It was moved by Commissioner Rosborough, seconded by Commissioner Cook and carried that this request be presented to the Advisory Planning Board for their recommendations. Request for Sewer and Water - Mr. Howard Harvel : Request for Sewer and Water - Mr. Harry Warnock, Jr. : Water Service - North Atlantic Beach - Tore King: Mayor Howell stated the Items F, G, and K of the agenda are request for water and/or sewage outside the City Limits. It was moved by Commissioner Rosborough, seconded by Commissioner Cook and carried that these request for water and sewage outside the City Limits be tabled until we have more facts on the bids for pumping and the necessary information from the Environmental Protection Agency, Atlanta, Georgia. Uncompleted Park Selva Marina (Petition Submitted) s The City Commission received a petition from the residents of Selva Marina to follow through on the plans to improve the park area be- tween Park Terrace East and Park Terrace West. Mayor Howell stated that the park, when it was originally proposed by the developer, would be accepted by the City only upon completion. The City does not intend to accept the park for maintenance until the work is done according to the specifications that were stipulated. Mr. George Bull, Sr. , developer and owner of the park, stated that he had been unable to get the work completed due to being unable to hire anyone willing to do this type of work and having the right type of equip- ment. Mayor Howell suggested to Mr. Bull that the City would try to negotiate with some of the local contractors in the area before the next Commission meeting in order to get quotations for completion of the work in the park. Mr. Bull agreed to meet with the Commission May 27, 1974, to discuss completion of the work in the park. MINUTES, MAY 13, 1974, PAGE FOUR Mrs. Ruth Gregg - Report on Royal Palms Mrs. Ruth Gregg, 950 Sailfish Drive, expressed thanks to the Public Works Department for the nice job they did picking up the extra trash in Royal Palms. She stated that she was speaking for approxi- mately 600 families that live in Royal Palms. Her report brought out the fact that a committee had been formed to clean up Royal Palms. Mrs. Gregg stated that she did not feel that the committee or the residents of Royal Palms were being backed by the City Commission. The following is a list of complaints: 1. Ordinances are nct properly enforced in regard to trash, dogs running loose and junk cars. 2 . Speed violators in Royal Palms. 3. Streets in Royal Palms that are blocked at the intersection because of shrubbery placed on City property. Mrs. Paluszynsi, 955 Sailfish Drive, stated that it is not just the dogs running loose, trash and debris in Royal Palms, but that the main problem is expecting help from the City and getting nothing. Mayor Howell instructed the City Manager to go out, within the next week, and clear off all the corner in Royal Palms that have shrubbery on City property blocking the view of the intersections. Ordinance No. 90-74-63 : Mayor Howell presented Ordinance No. 90-74-63 amending Chapter 28-11, 28. 11. 1, 28. 12, and 28-12. 1 of the Code of the City of Atlantic Beach, Florida, entitled "Zoning" by title only. Said ordinance was presented in full and in writing. Commissioner Rosborough moved that Ordinance No. 90-74-63 be approved on first reading by title only, seconded by Commissioner Cook and carried. Public Hearing to be held on June 10, 1974. At this time, Mr. Vogel asked for a point of order. If someone submits plans to be placed under the P ,U,D. ordinance, is it neces- sary to submit them to the City Commission first and then have the plans referred to the Advisory Planning Board or can the plans be submitted directly to the Advisory Planning Board? Mayor Howell stated that the plans may be submitted directly to the Advisory Planning Board for their recommendations. Maintenance Agreement - D.O.T. Traffic Signal: The Department of Transportation requested permission to install overhead flashing school signals at the intersection of AlA, Jackson Road and Church Road. It will be necessary for the City to maintain the lights once they are installed and pay the electric bill. MINUTES, MAY 13, 1974, PAGE FIVE It was moved by Commissioner Rosborough, seconded by Commissioner Cook and carried that the Mayor be authorized to sign the Maintenance Agreement with the Department of Transportation for flashing school signals at the intersection of AlA, Jackson Road and Church Road. Policy Committment - Re: Traffic Signals Atlantic Boulevard: Mayor Howell stated that at Third Street and Ocean Boulevard, on Atlantic Boulevard, the meter boxes and control boxes are on the Atlantic Beach side of the street. The City of Jacksonville feels that it is necessary for the City of Atlantic Beach to pay the elec- tric bills and maintain these lights. Mayor Howell suggested that this item be sent to committee for study due to the fact that the above mentioned streets are a County road, from Third Street to Ocean, and a State road, from Third Street westerly. It was moved by Commissioner Cook, seconded by Commissioner Rosborough and carried that this policy committment - re: Traffic Signal at Atlantic Blvd. be sent to committee and report back at the next meeting. Mayor Howell appointed Commissioner Rosborough chairman. Mr. Oliver Ball, City Attorney, reported that the City of Atlantic Beach has received no reply from the Attorney General ' s office concerning the City exchanging property with Mr. Bull. He stated he would write an opinion of his own, concluding that the City of Atlantic Beach does have the authority to exchange property. Mayor Howell instructed the City Attorney to prepare the necessary paper work for the exchange of property. Mr. Vogel requested permission to call for bids on an addition to the fire station and to call for bids on fire hose. There were no objections from the City Commission. There being no further business, Mayor Howell declared t•e meeting adjourned. 4400" 469, );;; O:7411P3 ,il IAF o owell Mayor-Commissioner (SEAL) ATTEST: ,azotee Gloria Jun Knight City Clerk COUNTY TRAFFIC SECTION JOB SR OPERATIONS COUNTY MUNICIPALITY NO. NO. NO. NO. NAME 72000 AIA B.I. 214128 Duval Atlantic Beach • MAINTENANCE AGREEMENT TRAFFIC SIGNALS • THIS AGREEMENT, made and entered into this lit-h day of May , 19 74 , by and between the State of Florida Department of Transportation , an Agency of the State of Florida , hereinafter %; called the "Department" and the City of-Atlantic Beach FLORIDA, hereinafter called the "Public Body. " • WITNESSETH: WHEREAS, the construction and maintenance of a traffic signal , or signals, is necessary for the safe and efficient highway transportation at the location or locations as described in Exhibit "A", attached hereto; and WHEREAS, the Public Body, by resolution attached hereto and made a part hereof, has determined that it is in the public interest for the Public Body to assume the responsibility for maintenance and electrical power costs incurred in the operation of said signal installation: NOW, THEREFORE, THIS INDENTURE WITNESSETH: That in consideration of the premises and the mutual covenants contained herein to be undertaken by the re- spective parties hereto, the parties and each of them, mutually agree and covenant as follows: 1. That the traffic signal or signals as described in Exhibit "A" , attached hereto and made a part hereof, will be so designed that the functional design of the installation and its components will be mutually acceptable to the parties hereto, and will be installed under Department supervision, with the actual method 2. That the Public Body shall , upon completion of the installation and acceptance by the parties hereto, assume the sole responsibility for the maintenance and continuous operation of said signal installation and the pay- ment for all costs for electricity and electrical charges incurred in connection with the operation thereof. - 3. The Public Body shall maintain the signal installation in accordance with Department policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this regard the Public Body shall record maintenance activities relative to said traffic signal installation to a "De- partment of Transportation Traffic Signal Maintenance Log" or an approved equivalent log. 4. That the equipment shall remain the property of the Department, and it is hereby understood and agreed by the parties hereto that the Public Body may remove any component of the installed equipment for repair but the Public Body shall not, under any condition, permanently remove the main frame of the control • unit without the express written permission of the Department. 5. It is expressly understood and agreed by the parties hereto that the wiring of the cabinets and the timing of the signals will be such that the traffic will be properly handled at the time of the completion of the installation of the .. signals. Necessary modifications in timing or minor circuity may be made by the Public Body to accommodate the changing needs of traffic but the Department re- serves the right to examine the equipment at any time, and after due consulta- - tion with the parties hereto, specify timing and phasing that will provide a safe and expeditious traffic flow in the state highway system. 6. The Public Body shall not modify the equipment to provide additional phases or intervals without written permission from the Department. 7. The Public Body hereby agrees to indemnify, defend, save and hold harm- less the Department for all claims, demands, liabilities and suits of any nature f., fhn hraarh of thi c aarePmPnt by omission or commission of the Public Body, its agents or employees. It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Department, or its agents or employees, for its own negligence or breach of contract. 8. It is mutually agreed that the Department' s Director of Road Operations shall decide all questions , difficulties and disputes of any nature whatsoever that may arise under, or by reason of this agreement, the prosecution and ful- fillment of the services hereunder and the character, quality, amount and value thereof; and his decision upon all claims , questions and disputes shall be final and conclusive upon the parties hereto. 9. It is understood and agreed by the parties hereto that this agreement shall remain in force during the life of the originally installed equipment and any replacement equipment installed by the mutual consent of the parties hereto, provided however that additional or replacement equipment purchased and installed wholly at the expense of the Public Body in accordance with this pro- vision shall remain the property of the Public Body. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. WITNESSES: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Director of Administration BY: (SEAL) As to the Department Executive Secretary • • PUBLIC :o • LtALAAAL 9. W,r ti • ,jt / Title: Mayor-Commissioner ATTEST: ;Le/ize_ QIt AL)dka Gloria June Knight As l to the Public Body City Clerk • • EXHIBIT "A" • . MAINTENANCE AGREEMENT • TRAFFIC SIGNALS • This Exhibit "A" forms an integral part of that certain Traffic Signals Maintenance Agreement between the State of Florida Department of Transportation and the City of Atlantic Beach Dated 19 ; LOCATION OF TRAFFIC SIGNAL INSTALLATIONS: (sctwoL) STATE TRAFFIC LOCATION: JOB SR OPERATIONS 410. NO. NO. 72000 AIA B.I.214128 at Jackson Rd. at Church Rd. i 1 T • RESOLUTION NO. 74-6 RESOLUTION AUTHORIZING TILL EXECUTION OF TILE TRAFFIC SIGNALS MAINTENANCE AGREEMENT BETWEEN TIHE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND The City of Atlantic Beach, Florida On motion of Commissioner Robert Rosborough , seconded by Commissioner Robert Cook , the following resolution was adopted: WHEREAS,'The City of Atlantic Beach , deems it in the public (Public Body). interest to maintain and pay electrical costs for the operation of traffic signal or signals described in Exhibit "A" to said agree- ment, and accordingly to enter into the attached agreement with the' State of Florida Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY 1. ThatThe City of Atlantic Beachconcurrs in the provisions (Public Body) . of that certain agreement attached hereto, pertaining to maintaining a traffic signal installation described in Exhibit "A" to that agreement. 1 2. ThatThe City of Atlantic Beach authorizes the said (Public Body) agreement to be executed by a legally designated officer of/this Public Body. STATE OF FLORIDA • COUNTY OF DUVAL I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted by the City Commission at a meeting held on the 13th day of May , A.D. , 19 74 , and recorded in its minutes . IN WITNESS WHEREOF, I hereunto set my hand and official seal this 13thcay of May , A.D. , 19 74 .