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08-26-91 v MINUTES OF THE BUDGET WORKSHOP MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN THE CONFERENCE ROOM, CITY HALL, 800 SEMINOLE ROAD, AT 4:00 PM ON MONDAY AUGUST 26, 1991 The meeting was called to order by Mayor Gulliford. Present, in addition to the Mayor, were Commissioners Cook, Edwards, Tucker, and Weldon. Also present were City Manager Leinbach, Finance Director Royal, City Attorney Jensen, and City Clerk King. Department heads present included Parks & Recreation Director Blanchard, Building Official Ford, Public Works Director Kosoy, Buccaneer Division Chief McNally, Fire Chief Rew, Police Chief Thompson, Atlantic Beach Division Chief Townsend, and Community Development Director Worley. General Fund: After discussion on revenues, expenditures and balances, no changes were made. Account 510 - General Government: After discussion, no changes were made. Account 511 - Legislative: After discussion, no changes were made. Account 512 - Executive: Mayor Gulliford pointed out two other employees were receiving a higher salary than the City Manager and he requested this matter be revisted before budget workshops were concluded. Account 513 - Finance: After discussion, no changes were made. Account 514 - Legal: City Attorney Jensen pointed out his budget request for Professional Services (Line 31) was incorrectly shown and should be $21,600 and this figure was adjusted. Based on pending litigation, Mr. Jensen had estimated $50,000 (Line 49) for litigation and other legal charges. This figure had been cut to $40,000 and after discussion, Mr. Jensen felt that $40,000 may be adequate. Account 515 - Planning and Zoning: After discussion, no changes were made. Account 516 - Code Enforcement: After discussion, no changes were made. Account 517 - City Clerk: It was noted $6,424. requested to purchase a micro film reader/printer and $3,000. for microfilming had been cut from the budget. The City Clerk explained that micro filming of records was a major portion of her plans for the upcoming year. After discussion Commissioner Weldon moved, and Commissioner Tucker seconded, to put $9,424 back in the budget for microfilming and the purchase of a reader/printer. The motion carried unanimously. Account 521 - Police: Discussion ensued regarding lifeguards and Chief Thompson said that while Atlantic Beach lifeguards were paid at a higher rate than previously, there were fewer lifeguards this year and thus, the cost of lifeguards had not increased. Discussion also ensued regarding the purchase of new police cars and it was noted the funds Page Two Budget Workshop August 26, 1991 budgeted for the replacement of two new vehicles had been eliminated. The City Manager said he was preparing a capital improvements plan and when the current vehicles are paid off next August he would hope to purchase other vehicles at that time without increasing the current expenditure. Account 522 - Fire: The City Manager said he hoped to include a new fire truck in the capital improvements plan. After brief discussion, no changes were made. Account 524 - Building: No changes Account 541 - Public Works: Mr. Kosoy said the city still had some dirt roads and needed to provide some budget for grading. Regarding asphalt repairs, it was suggested that Mr. Kosoy contact the City of Jackson- ville to see if this work could be purchased through their contract. It was also noted Mr. Kosoy had requested funds to purchase a Gradeall and it was felt this piece of equipment might be purchased in conjunction with Neptune Beach, or purchased through state surplus equipment sales. Mr. Kosoy pointed out he had requested funds to hire an Assistant Public Works Director/Project Inspector. He noted that over a three year period the city had paid construction inspection fees to engineering firms totalling approximately $290,000. It was suggested when this employee worked as an inspector, compensation could be paid from enterprise funds. Commissioner Weldon said he felt Mr. Kosoy had saved the city a lot of money in contractual fees and preventing unnecessary projects and suggested the City Commission consider very carefully his request for assistance. Mr. Kosoy was asked to provide documented justification for the additional employee. Mr. Kosoy requested that a budget of at least $1,000. be provided for road grading and this was approved. Discussion ensued regarding asphalt repair and the Mayor suggested gas tax revenues could be used for this work. Mr. Kosoy said Public Works was badly in need of a riding mower which had also been cut from the budget but after further discussion, the City Manager agreed to include this item in the capital improvements plan. Account 572 - Parks & Recreation: Rose Blanchard said she had requested a pickup truck in her budget both last year and this year and it had again been cut from her budget. She has had a replacement vehicle since last year which she hoped would last a year, but she hoped it would be possible to approve the purchase of a better truck next year. After further discussion, no changes were made. Page Three Budget Workshop August 26, 1991 Account 581 - Interfund Transfer: In response to an inquiry from Commissioner Weldon regarding allocation of funds, Harry Royal explained the budget format was in accordance with state guidelines. Account 590 - Equipment Maintenance: Bob Kosoy reported the city had received a donation of a van from Continental Cable and no longer needed the vehicle requested under 6400; however, he said in order to comply with state regulations he needed to have the air condition recovery system. Discussion ensued regarding the cost of contracting this work out as opposed to doing it in-house and Mr. Kosoy said it could be undertaken in-house much more economically. $3,500 was returned to Maintenance Equipment budget to provide for the purchase of this equipment. Special Revenue: Discussion ensued regarding the various projects including the Beach Avenue water and sewer project and Section H improvements. No changes. Capital Projects: The City Manager explained cuts had been made to reflect the revenues available. Bob Kosoy said he needed the spray booth to be able to comply with OSHA regulations. The City Manager said he would continue to work on the Capital Improvements plan and if funds became available, the items deleted from the budget could be recon- sidered. Discussion ensued regarding the proposed Beach Avenue water and sewer project and it was noted this project had been cut by the City Manager. Harry Royal pointed out the project would be paid for largely by special assessments; however, it was felt the property owners may be opposed to the project because the assessments may be too high. Enterprise Funds: The City Manager pointed out the budget reflected a $1 .2 million loan from sewer to water. This figure was based on an anticipated rate increase and it was felt the committee which was studying the rates would have a report by Thursday of that week. Tim Townsend pointed out that the #1 water plant, constructed in 1957, needed certain improvements to meet minimum standards and that the work should be undertaken over a five or six year period. After further discussion it was agreed the projects would be prioritized and the City Manager would include this work in the five-year capital improvements plan. A further budget workshop was scheduled for 7:30 PM on Tuesday, September 3, 1991, following which Mayor Gulliford declared the meeting adjourned at 7:00 PM. Maureen King, City C erk CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, AUGUST 26, 1991 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the joint meeting with the City of Neptune Beach August 8, 1991 and regular meeting of August 12, 1991 2. Recognition of Visitors: 3. Appearances: A. Appeal of decision of the Code Enforcement Officer by homeowner (Nadia Hionides) 4. Old Business: A. Discussion and related action relative to draft ordinance regarding political signs (City Planner George Worley) B. Report relative to proposal for using CDBG funding relative to Beaches Habitat program (City Planner George Worley) C. Report on Mack truck specifications (Tim Townsend) D. Request for exemption from provisions of Ordinance #90-91-155 (George Bull, Jr.) 5. Ordinances: A. Final reading and public hearing of Ordinance 57-91-17 relative to the disposal of confiscated firearms B. Final Reading and public hearing of Ordinance 90-91-156 amending the zoning classification of property known as Tract B and Tract C, Castro Y Ferrer Grant, From RG-2 and CPO to CL (Re-zoning for new post office) 6. Committee Reports: A. Mayport Naval Commissary/Exchange complex application for sewer service - utility service contract with U.S. Navy report (Commissioner John Weldon) B. Status report regarding Adele Grage Community Center (Commissioner John Weldon) C. Report and recommendation by Awards Committee Chairman Commissioner Glenn Edwards relative to: 1) 9091-26 demolition of two houses 2) 9091-27 addition of two tennis courts at Russell Park 7. New Business: A. Consideration of a request from Oaks of Atlantic Beach Mobile Home Community to be added to the City (Buccaneer Service Area) sewer system (Patti Jones) B. Request for assistance regarding drainage problem at Fowler Manufacturing Company C. Proposal to increase performance bond threshold for bids in excess of $100,000 (Finance Director Harry Royal) D. Request property be donated to City by owner Gerald Sohn (Gerlad Sohn and City Planner George Worley) E. Request for variance regarding sign regulations - Beaches Aquatic Center 8. City Manager Reports and/or Correspondence: A. Section H assessment update 9. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Status report relative to easements for the Mayport Road bore and jack project (City Attorney Alan Jensen) B. Annual contract review for City Attorney Adjournment REMINDER: BUDGET WORKSHOP IS SET FOR 4 P.M. AUGUST 26, 1991. • MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON V V MONDAY, AUGUST 26, 1991 0 0 T T PRESENT: William I. Gulliford, Jr. , Mayor E E Robert B. Cook D D Glenn A. Edwards Adelaide R. Tucker, and John W. Weldon, Commissioners M S O E AND: Kim D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF ON EN 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 joint meeting with the City of Neptune Beach on August 8, 1991, and regular meeting of August 12, 1991 Cook x Edwards x x Motion: Approve minutes of the joint meeting of July 22, Tucker x 1991 with the City of Neptune Beach Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. Cook x Motion: Approve minutes of the regular meeting of August 12, Edwards x x 1991 Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x 2. Recognition of Visitors: Edward Lane, 1735 Beach Avenue, said in connection with a current remodeling project at his residence he intended to lay a water line to his home. He requested that the city consider establishing a mechanism that would provide some reimbursement to individuals who extended utility lines at their expense in the event other property owners tapped into those lines. Motion: Direct the City Manager to develop a method by which Cook x x individuals who installed utility lines at their own Edwards x expense could be proportionately reimbursed when Tucker x x other property owners tapped into those lines, Weldon x providing those lines had been constructed in Gulliford x accordance with city specifications In discussion before the vote, Commissioner Tucker inquired whether the city had not made such reimbursements in the past. Finance Director Royal said some individual agreements had previously been made for such reimbursements; however, administration had proved to be cumbersome and difficult to track. The question was called and the motion carried unanimously. PAGE TWO V V MINUTES NAME OF AUGUST 26, 1991 COMMRS. MSYN Joe Brewer said he was building a home at 1766 Beach Avenue and had learned that there were no water lines to the residence. He would tap into the line which Mr. Lane proposed to install and would be willing to pay proportionately. After further discussion the City Manager was requested to have a draft plan ready for Commission review at the budget meeting to be held on September 3, 1991. Della Koenig, 780 Redfin Drive, asked that the city give some attention to trash which was clogging storm drains. Public Works Director Kosoy requested that matters of this type be reported to Public Works. Mayor Gulliford provided each of the Commissioners with a copy of a letter from John Heaney, regarding flooding on his property at 2030 Beach Avenue. Mr. Heaney said flooding was so severe he had to vacate his property. He asked that the city appropriate funds to improve the drainage in the area. Bob Kosoy said a drainage project had been designed for Seminole Road but no funds were available to undertake the project this fiscal year. George Bull, Jr. , 1937 Sevilla Boulevard West, said he felt the removal of the wier during the construction of Fleet Landing had largely contributed to the flooding situation and the problem needed to be corrected immediately. Mayor Gulliford said he had been in touch with Haskell and they had been cooperative and he felt they would correct the problem. After further discussion, Mayor Gulliford suggested, because of the seriousness of the problem, that sufficient funds be borrowed from another account to undertake this project and such account be reimbursed when adequate funds had been generated by the stormwater utility. Motion: Authorize borrowing money from other funds to Cook x x undertake drainage improvements on Seminole Road, Edwards x (approximately $30,000) said funds to be reimbursed Tucker x from stormwater utility revenues when available Weldon x x Gulliford x In further discussion, it was suggested this project should be reviewed by CH2M Hill, the city's stormwater utility consultant, to make sure it would conform to the master drainage plan. The question was called and the motion carried unanimously. 3. Appearances: A. Appeal of decision of the Code Enforcement Officer by homeowners Chris and Nadia Hionides Mr. Hionides reported the Code Enforcement Officer had requested that he remove a fence he had recently constructed at 47 Eleventh Street because said fence had encroached two feet onto city PAGE THREE V V MINUTES NAME OF AUGUST 26, 1991 COMMRS. MSYN property. He said this had happened accidentally in his absence and he requested that the fence be allowed to remain. After further discussion Mr. Hionides agreed to donate the fence to the city and if the city ever needed the property for utilities or easement, the fence could then be removed. Cook x Motion: Accept Mr. Hionides' offer to donate the fence with Edwards x Mr. Hionides to maintain same in perpetuity Tucker x x Weldon x x No discussion before the vote. The motion carried unanimously. Gulliford x The City Attorney was requested to draft an agreement to be executed by Mr. Hionides. Agenda Item 7B was taken out of sequence and acted upon next. 7B. Request for assistance regarding drainage problem at Fowler Manufacturing Company Paul Eakin, representing Mr. Fowler, presented photographs of the flooding which occurs on Fowler Manufacturing property. He explained the adjoining properties were not developed when Mr. Fowler acquired the property. The adjoining properties drain onto the Fowler property and the flooding occurs even after short periods of rain, to the extent that Fowler Manufacturing has had to suspend operations during periods of heavy rain. Mr. Fowler installed a pump but the situation had deteriorated and the pump could no longer adequately handle the volume of water. Mr. Fowler had retained engineer Alan Potter, Jr. , to work out a solution to the problem. Alan Potter, Jr. , presented two proposals to alleviate the flooding problems. A stormwater pumping station at a cost of approximately $23,000.00 was proposed as a temporary measure, with a permanent solution costing in the neighborhood of $40,000.00. Mr. Potter's proposal is attached hereto and made a part hereof. Bob Kosoy reported Connelly and Wicker had been retained to undertake a drainage study of the Levy Road, Park, Robert and Edgar Street area and he hoped to have their recommendations in a couple of weeks. The City Manager said he preferred the permanent solution at $40,000.00 to temporary measures. Motion: Proceed with the plan outlined in Mr. Potter's Cook x x letter of August 26, 1991, subject to approval of Edwards x the City Engineer, and move as rapidly as possible Tucker x to alleviate the flooding problem Weldon x x Gulliford x No further discussion. The motion carried unanimously. PAGE FOUR V V MINUTES NAME OF AUGUST 26, 1991 COMMRS. MSYN 4. Old Business: A. Discussion and related action relative to draft ordinance regarding political signs Community Development Director George Worley said he had amended the draft ordinance presented at the previous meeting to allow two additional signs. In consideration of the forthcoming election, Mayor Gulliford suggested action on the proposed ordinance be deferred until after the election. B. Report relative to proposal for using Community Development Block Grant funding relative to Beaches Habitat program George Worley reported he had checked with both HUD and the city's consultant on the block grant program and it appeared these funds could be used to procure properties which could then be utilized by Beaches Habitat to construct single family homes. He said he was awaiting a firm response from HUD regarding any conditions they may have regarding whether the funds must be used in the Donner subdivision area. C. Report on Mack truck specifications Mayor Gulliford inquired whether the specification would have precluded dealers of other than Mack trucks from bidding. Chief Utility Plant Operator Tim Townsend reported the specification was such that other manufacturers could have met the specifications if they had wished; no equipment had been requested which only Mack could have provided. The Mayor also inquired how service would be handled since the low bidder was in Orlando. Mr. Townsend said service would be provided by Jacksonville Mack. Mayor Gulliford requested when the city invites bids for commodities, three makes and models which the city deemed acceptable be listed in order to interest a wider range of bidders. Mr. Townsend said in view of the closing of the Girvin Road landfill, city staff had carefully examined the current city trucks with a view to purchasing the best possible truck for their purpose. He said the truck would be used for hauling both garbage and sludge. Cook x Motion: Accept the bid of Orlando Mack, Inc. , Orlando, in Edwards x x the amount of $79,063.00 Tucker x Weldon x x No discussion before the vote. The motion carried unanimously. Gulliford x D. Request for exemption from provisions of Ordinance #90-91-155 Architect George Bull, Jr. , representing Mr. & Mrs. Marc Tafflin, owners of Lot 8, Oceanside, said Mr. & Mrs. Tafflin had presented plans to the city in March 1990 to develop their property. Since that time the city had revised its ordinance regarding height PAGE FIVE V V MINUTES NAME OF AUGUST 26, 1991 COMMRS. MSYN regulations and the proposed structure would be six feet higher than permitted under the new ordinance. He requested that the Tafflins be allowed to proceed with their project under the terms of the ordinance which was in effect at the time the plans were presented. City Attorney Alan Jensen recommended the Tafflins appear before the Community Development Board and request a variance; however, Mr. Bull requested that the project be allowed to be "grandfathered in" under the old ordinance. Discussion then ensued regarding the definition of the term "grandfathered in" and it was pointed out in many agencies there is a vested period of twelve months. Mr. Bull said the plans had originally been presented to the city in March 1990 which was considerably more than twelve months. Motion: Defer action on the request until city staff can research the records to determine what Cook x x documentation, if any, may be on file in the city Edwards x regarding the Tafflin project, or whether the Tucker x x Community Development Director at the time may have Weldon x any recollection of any initial draft being Gulliford x presented or approval given After further discussion, the question was called and the motion carried unanimously. 5. Ordinances: A. Ordinance 157-91-17 - Final Reading and Public Hearing AN ORDINANCE AMENDING 1HE. CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 15, POLICE, ARTICLE II, DISPOSITION OF CONFISCATED OR LOST PROPERTY, BY ADDING SECTION 15-22, DISPOSAL OF CONFISCATED OR LOST FIREARMS, AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 57-91-17, said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. There being no one wishing to speak to the matter, the Mayor declared the public hearing closed. Cook x x Edwards x Motion: Approve passage of Ordinance No. 57-91-17 on final Tucker x x reading Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. B. Ordinance No. 90-91-156 - Final Reading and Public Hearing Mayor Gulliford presented in full, in writing, Ordinance No. 90-91-156, said ordinance having been posted in accordance with Charter requirements. He opened the floor for a public hearing and invited comments from the audience. PAGE SIX V V MINUTES NAME OF AUGUST 26, 1991 COMMAS. MSYN Dezmond Waters, 1835 Seminole Road, felt it was not in the best interest of the community to rezone to commercial when another residential classification would allow government buildings. Greg Zelney, Forrestal Circle, said he was not opposed to the construction of the new post office, but pointed out his property was zoned CPO and asked whether this could be reviewed and possibly changed. Mr. Zelney was asked to contact Community Development Director George Worley in this regard. Discussion then ensued regarding the proposed entrances to the building and concern was expressed that customers could access the building only from Mayport Road. Tom Henley of the Postal Service Real Estate Department explained that they were required to have separate parking areas for their carrier trucks, employees, and customers. A small area of wetlands had been discovered on the property and the space available would not allow a second customer entrance. Alan Potter, 374 Second Street, said DOT policy may prohibit access from the main traffic artery where access is available from a side street. Cook x x Motion: Approve passage of Ordinance No. 90-91-156 on final Edwards x reading Tucker x x Weldon x In further discussion, Commissioner Weldon expressed the opinion Gulliford x that the location of the new Post Office would cause approximately half the residents of Atlantic Beach to use the Neptune Beach Post Office. The question was called and the motion carried unanimously. 6. Committee Reports: A. Mayport Naval Commissary/Exchange complex application for sewer service - Utility Service contract with U.S. Navy report Commissioner Weldon said he wished to correct what may have been misleading information provided at the previous meeting. He said the Navy currently pays $6,859.26 per month for the 400 Navy family housing units. The Navy had proposed a base charge of $5,640.00 per month and, in addition, had agreed to assume a volume charge of 150% of the Atlantic Beach rates, (the current Buccaneer Rate) . Commissioner Weldon said he was waiting to hear whether the Navy would be willing to accept any rate increases the city may find necessary throughout the city. He felt he would be in a position to recommend a contract with the Navy for service to the off-base family housing at the next meeting. Commissioner Weldon reported the Navy had agreed to pay standard Buccaneer rates for water and sewer at the new facility. In the event the Navy would not accept future rate increases, he requested approval to negotiate a contract with them on that basis. Cook x Edwards x x Motion: Authorize the committee to proceed with further Tucker x negotiations based on Commissioner Weldon's report Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. PAGE SEVEN V V MINUTES NAME OF AUGUST 26, 1991 COMMRS. MSYN B. Status report regarding Adele Grage Community Center Commissioner Weldon reported Parks and Recreation Director Blanchard had received price quotes of $2,497 .00 to replace the shingle roof, $1,375.00 to bring the electrical work up to standard, $650.00 for termite treatment, and $320.00 for a new sign to identify the community center. Cook x Motion: Authorize the Parks & Recreation Director to proceed Edwards x x with the work as outlined in accordance with the Tucker x quotations submitted Weldon x x Gulliford x After brief discussion of the quotations, the question was called and the motion carried unanimously. Commissioner Weldon said other necessary repairs would include window replacements, carpeting and flooring, and drapes and seat cushions; however, prices quoted for these projects had exceeded the purchasing threshold and bids would be invited. C. Report and recommendation by Awards Committee Chairman, Commissioner Glenn Edwards relative to: (1) Bid #9091-26 Demolition of two houses Commissioner Edwards reported a letter had been received from the current owner of 85 Dora Street requesting that a decision on the demolition of the building on her property be deferred to give her time to find a contractor to undertake this work at a lower cost. Motion: Authorize award of contract for demolition of Cook x house at 54 Church Road and retain bid on 85 Dora Weldon x Street for a period of 30 days to give the owner an opportunity to personally arrange for the demolition Commissioner Weldon suggested that the bid price may have been based on the fact two houses were involved. Cook x x Edwards x Substitute Motion: Defer award of contract for demolition of Tucker x both houses until the meeting of September 23, 1991 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. (2) Bid #9091-27 Two tennis courts at Russell Park Commissioner Edwards reported two bids had been received for the construction of two tennis courts at Russell Park. After review of the bids it was the recommendation of the Awards Committee the City Commission award a contract to Sport Courts as the lowest and best bid. PAGE EIGHT V V MINUTES NAME OF AUGUST 26, 1991 COMMRS. MSYN Cook x Motion: Award contract to Sport Courts, Inc., for the Edwards x x construction of two asphalt tennis courts in Russell Tucker x Park in the amount of $31,725.00 Weldon x x Gulliford x In discussion before the vote it was pointed out the price also included lights. The question was called and the motion carried unanimously. 7. New Business: A. Consideration of a request from Oaks of Atlantic Beach Mobile Rome Community to be added to the City (Buccaneer Service Area) sewer system Patty Jones represented the owners of the mobile home park and reported the 286 unit mobile home park had been notified by the Department Health, Welfare and Bio-Environmental Services that they must connect to a regional water and sewer system by March 10, 1992. She asked when capacity would be available. City Manager Leinbach said the permit had not yet been issued for the construction of the surge tank but that water capacity is currently available. The City Manager offered to contact BESD and advise them of the situation and ask that they expedite the issuance of the construction permit as quickly as possible; however he did not expect to be on line to meet the March 10 deadline. 7B. Request for assistance regarding drainage problem at Fowler Manufacturing Company This item was acted upon earlier in the evening. C. Proposal to increase performance bond threshold for bids in excess of $100,000 Finance Director Royal suggested the purchasing guidelines be amended to exempt performance bonds on projects less than a specified amount, and suggested that figure be set at $100,000. Commissioner Weldon agreed this did cause a problem with the bidding of small projects. Cook x Edwards x x Motion: Require performance bonds only on projects bid at Tucker x $50,000 or more Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. D. Gerald Sohn offering to donate property to the city George Worley reported Mr. Sohn, owner of Lot 10, Block 10, Donners Replat, wished to donate this property to the city. He said the property currently contained a drainage ditch which had been constructed for mosquito control but had been maintained by the city for many years. The property was not buildable while the ditch is so located. PAGE NINE V V MINUTES NAME OF AUGUST 26, 1991 COMMAS. MSYN Cook x Edwards x x Motion: Accept the land donation from Mr. Sohn and express Tucker x x the city's thanks Weldon x Gulliford x The motion carried unanimously. E. Request for variance regarding sign regulations - Beaches Aquatic Center Alan Potter reported the Beaches Aquatic Pool had had an information and directional sign at the entrance to Aquatic Drive since the mid 1960's on property originally owned by the Aquatic Association. This land had been dedicated to the city when Aquatic Gardens was developed and the sign had been "grandfathered in." Approximately one year ago the sign had been destroyed by the adjacent property owner during land clearing operations. The sign had been reinstalled and had subsequently been removed by the city as being nonconforming. Mr. Potter requested authorization to reinstall the sign on the east side of Aquatic Drive in order to avoid a conflict with a neighboring property owner, and also requested the continuation of the grandfathered status. Mr. Potter further requested that the city's sign ordinance be amended to reflect that unlawful acts would not constitute willful removal or abandonment of signs. Motion: Acknowledge that this was a legal sign when Cook x installed, was grandfathered in, and can be replaced Edwards x because it was vandalized and was not removed either Tucker x x by forces of nature or the Beaches Aquatic Weldon x x Association and approve replacement of this sign as Gulliford x requested After brief discussion, the question was called and the motion carried unanimously. George Worley was asked to review the city' s sign ordinance and possibly draft an amendment to address replacement of signs which have been destroyed either by vandalism or an act of God. 8. City Manager reports and/or correspondence: A. Section H assessment update In respect to approval by the City Commission at the previous meeting to grant a 25% reduction in water assessments to a number of property owners who had written requesting some relief to compensate for the fact they had paid for a 2-inch water line some years earlier, the City Manager inquired whether this policy should be applied uniformly within Section H. He provided a list of Section H property owners who had had a 2-inch water line. PAGE TEN V V MINUTES NAME OF AUGUST 26, 1991 COMMRS. MSYN Cook x Motion: The city take such action as may be desirable upon Edwards x application by the individual Tucker x x Weldon x x Further discussion ensued regarding a cut-off date and it was Gulliford x agreed applications would need to be received before the assessments were submitted to the Tax Collector's office for billing. The question was called and on roll-call vote the motion carried on a 4 - 1 vote with Mayor Gulliford voting nay on the basis he felt the discount should be granted uniformly to all. The City Manager reported the Pension Board of Trustees had again requested a joint meeting with the City Commission and after brief discussion the meeting was tentatively scheduled for September 16, 1991. 9. Mayor to call on City Commissioners, City Attorney, and City Clerk: A. Status report relative to easements for the Mayport Road bore and jack project City Attorney Jensen reported he had contacted all but one of the property owners and had received signed easements for two of the twelve parcels. He said he did not expect problems of the parcels except Pan Am Plaza and Buccaneer Mobile Home Park which had requested the city waive their tap in fees in exchange for signing the easements. With over 200 units, the tap in fees for the Buccaneer Mobile Home park would be considerable. It was pointed out this project would benefit those properties and because of the urgency of the project, it was agreed to proceed with condemnation proceedings. The City Attorney agreed to draft the appropriate resolution for action at the meeting of September 3, 1991, which would be advertised as a Special Meeting. Discussion then ensued regarding the easements for the Sea Gardens Lift Station, and the City Attorney reported he had received the title binder. All the property owners would need to sign the deed and get releases from their mortgage companies. B. Annual contract review for City Attorney Motion: Approve execution of contract with City Attorney Alan Jensen for the period October 1, 1991 through September 30, 1992 After brief discussion, the question was called and the motion carried on a 4 - 1 vote with Commissioner Cook voting nay. Mayor Gulliford reported he would be out of town on September 9, 1991. Mayor Pro Tem Cook said he would not be available since he, also, would be out of town. PAGE ELEVEN V V MINUTES NAME OF AUGUST 26, 1991 COMMRS. MSYN Cook x Motion: In the absence of both the Mayor and Mayor Pro Tem, Edwards x appoint Commissioner Edwards to preside at the Tucker x x meeting of September 9, 1991 Weldon x x Gulliford x The motion carried on a 4 - 1 vote with Commissioner Edwards voting nay. Mayor Gulliford reported he had received a letter of resignation effective October 1, 1991, from the Community Development Board from Kathleen Russell. Cook x Edwards x Motion: Accept the resignation of Kathleen Russell with Tucker x x regret Weldon x x Gulliford x The motion carried unanimously. The Mayor inquired whether commercial garbage rates had been increased and the City Manager said he hoped this would be discussed at the next budget workshop. The Mayor also complimented the City Manager on the recent cutting and cleaning of the medians on Atlantic Boulevard. Mayor Gulliford presented in full, in writing, Resolution No. 91-25, A RESOLUTION OF THE CITY OF ATLANTIC BEACH OPPOSING THE PROPOSED MOVEMENT OF THE COASTAL CONSTRUCTION CONTROL LINE WESTWARD WITHIN THE BOUNDARIES OF ATLANTIC BEACH. Cook x x Edwards x Motion: Approve passage of Resolution No. 91-25 Tucker x Weldon x x No discussion before the vote. The motion carried unanimously. Gulliford x Commissioner Weldon complained about activities at Tiffany by the Sea, including lowering of dunes and removal of trees, and asked the City Commissioner to visit the site. Don Ford reported work had been stopped on the project pending the issuance of the DNR permit. Mayor Gulliford commented on recent legislation which required the payment of an election assessment of 1 .5% of salary for municipal candidates. He asked Commissioner Tucker to draft a resolution opposing this assessment. There being no further business to come . - ore . .e Cit Cromm%.s n, the Mayor declared the meeting . .jo r •d at 10:50 'M. II IL/7 William I. Gullijo . , Jr. , Mayor/Presiding Of ' er ATTES T: Mau -en King, City Clerk) NOE, EAKIN & FOODY ATTORNEYS AND COUNSELORS AT LAW 599 ATLANTIC BOULEVARD SUITE 6 ATLANTIC BEACH,FLORIDA 32233 WILLIAM G.NOE,JR. TELEPHONE 904/249-7241 PAUL M.EAKIN FAX NO.904/247-1582 ALAN MICHAEL FOODY* •FL&GA Ban August 22, 1991 Kim Leinbach, City Manager HAND DELIVERY City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 Re: Fowler Manufacturing, Inc. Property located at 95 Levy Road, Atlantic Beach, FL Dear Mr . Leinbach: Please be advised that this office has the pleasure of repre- senting Fowler Manufacturing, Inc. , which continues to experience severe flooding at its premises located at 95 Levy Road, Atlantic Beach, Florida. You and Bob Kosoy and the City Attorney, Alan Jensen are very aware of the problems of my client as discussed with you at our meeting on August 21, 1991, at the City' s offices at the Buccaneers Treatment Plant. I hereby request that you place my client on the agenda for the upcoming City Commission meeting to be held on Monday, August 26, 1991, at 7 : 00 p.m. at City Hall. I would further request that I be placed on the agenda ahead of business which has not been placed on the agenda so that my client does not have to endure the expense of having me sit there while people who didn' t care enough to have their business placed on the City' s agenda are allowed to take up valuable time in discussing their business. I have spoken to you about this before and I find the practice of the City entertaining business which has not been placed on the agenda before the business that has been placed on the agenda to be objectionable. I would appreciate any efforts on your part to this end. yours, 1111 Ar►". P. .6r1L". k . Eakin PME/bes cc: Fowler Manufacturing, Inc. HLHN W. 1'U I I CONSULTING ENGINEERS 6957 LILLIAN ROAD SUITE No 3 JACKSONVILLE. FLORIDA 32211 PHONE(904)725-4522 August 26, 1991 City Commission City of Atlantic Beach 800 Seminole Road Atlantic Beach, Florida 32233 Re: Drainage Difficulties Levy Road north to Lewis Street Dear Commissioners: I have been retained by a property owner, Fowler Manufacturing, located on Levy Road. Fowler Manufacturing is experiencing significant drainage problems which are the direct result of the filling of a mosquito control district ditch which originated immediately to the east of the Fowler Manufacturing property and extended to the west and north to Puckett Creek. Prior to the filling of this ditch by the various property owners along its reaches, the City of Atlantic Beach availed itself of the obvious drainage route. There are three City owned inlets which currently discharge directly into the eastern extremes of the old ditch. These inlets are all located on Edgar Street. However, with no discharge point with a positive outlet remaining for the mosquito control ditch, stormwater is forced to collect on the currently lowest property along the old ditch route, that of Folwer Manufacturing. It is clear that it would be difficult for the City of Atlantic Beach to force the existing property owners along the old ditch route to open the long circuitous route taken by the old mosquito control ditch. Therefore, the following is offered as a reasonable alternative. Item 1. Reverse the flow of the existing ditch on Edgar Street by constructing a ditch along George Street from Edgar Street to Lewis Street. Item 2. Construct a pipeline (nominally 24") from the intersection of George Street and Lewis Street down the northern side of Lewis Street to Puckett Creek. Item 3. Construct an outfall structure at Puckett Creek to prevent erosion at the discharge point. The total cost of the above project should not exceed $40,000. 00. It should be noted that this project would provide assured drainage for the residents of Atlantic Beach living on and the businesses operating on the following streets: Park Street George Street Robert Street Lewis Street Edgar Street Levy Road • August 26, 1991 City Commission Page -2- Attached is a map showing the area with notable flooding problems. Additionally, the location of the historic (and now filled) drainage course for this area is provided. Cut off from any defined outlet for stormwater, this portion of Atlantic Beach, and the Fowler Manufacturing property in particular, has become a stagnant stormwater basin for the adjoining property owners and the rights-of-ways of the City. An early and permanent solution to this problem is certainly justified not only because of the many days of lost productivity for Fowler Manufacturing but also for the health of the neighborhood. It is specifically requested that this problem be given line item status in the current budget process and that once the current study being performed by Connelly & Wicker, Inc. is completed,construction may begin promptly. In the interim, it is requested that a temporary stormwater pumping station be constructed on the corner of Edgar Street and Park Street and a twelve inch pipeline to Puckett Creek constructed to alleviate the long term flooding between rainfall events. The estimated cost of the "throw away" portion of this option is $15,000.00 with the reuseable portion of the capital items costing approximately $8,000.00. Your collective attention to what has become a major and long term hazard is requested. Respectfully, Alan W. Potter, Jr., P.E. 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