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06-26-89 v CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, JUNE 26, 1989 AGENDA Call to Order Invocation and Pledge to the Flag 1. Approval of the minutes of the regular meeting of June 12, 1989 and Special meeting of June 21, 1989 2. Recognition of Visitors 3. Old Business: A. Mr. Nick Nicholson to discuss further with the City Commission a proposed feasibility study on a World Class Swim Center B. Report of findings relative to speeding on East Coast Drive between Eleventh Street and Seminole Road C. City Commission approval for the combination of Lots 17 and 18, Block 2, Donners Replat, in accordance with Ordinance #90-88-136 4. New Business: A. Action by the City Commission to accept the water and sewer improvements in Sevilla Gardens for maintenance B. Discussion regarding appointments to the Public Nuisance Control Board for staggered terms of 4, 3 and 2 years C. Mayor Gulliford to discuss possibilities of dealing with old and abandoned houses through the Community Development Block Grant Rehab Loan Program D. Acknowledge report of actions of the Community Development Board E. Discussion relative to the outside display of merchandise for sale. 5. Committee Reports: A. Receipt of recommendations from the Professional Services Evaluation Committee relative to the ranking of engineers for a Stormwater Management Plan B. Recommendation of the Awards Committee relative to the maintenance of landscaping areas at City facilities C. Recommendation of engineers relative to water treatment plant improvements and water main improvements 6. Action on Resolutions: A. Resolutions ##89-35 and 89-36 welcoming home the USS Leyte Gulf and USS Adams from a six month deployment B. Resolution # 89-33 opposing the use of river sand for renourishment of Atlantic Beach C. Resolution No. 89-34 relative to Buccaneer Bonds 7. Action on Ordinances: A. Ordinance #65-89-20: Introduction and first reading of an Ordinance closing, vacating, and abandoning a portion of Belvedere Street abutting 603, 604 and 605 Saltair Subdivision and reserving unto the City of Atlantic Beach a perpetual 10' easement bisecting said street for the purpose of pedestrian usage and utilities and setting a public hearing for July 10, 1989 B. Ordinance #90-89-142: Public hearing and final reading of an Ordinance amending the Ordinance Code of the City of Atlantic Beach amending Chapter 24 of the Comprehensive Zoning Ordinance to provide an exception to the site requirements in the Planned Unit Development section of the code to allow for Contract Quality Development (CQD) C. Ordinance #90-89-145: Introduction and first reading of an Ordinance rezoning property on Church Road between Mealy and Mary Streets owned by Sam Waters, from RG1 to RG2, and setting a public hearing for August 14, 1989 (Community Development Board recommends approval) 8. Action on Exceptions: A. Action on a recommendation by the Community Development Board to approve an exception for reduction in the number of parking spaces from 140 to 102 and for authority to have on-premise consumption of alcoholic beverages at the location of the old Bennetts Motel, and setting a public hearing for July 10, 1989 9. Miscellaneous: 10. City Manager Reports: 11. Mayor to call on City Commissioners, City Attorney, City Clerk for reports and/or requests Adjournment MIN[Tffi OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY I- MISSION HELD AT CITY HALL ON JUNE 26, 1989, AT 7:15 PM V V O O 2RESENT: William I. Gulliford, Mayor/Commissioner T T Robert B. Cook, Sr. E E Glenn A. Edwards D D Alan C. Jensen, and Adelaide R. Tucker, Commissioners M S AND: Richard C. Fellows, City Manager 0 E Claude L. Mullis, City Attorney T C Maureen King, City Clerk I 0 Y NAME OF ONEN COMMRS. N D S 0 The ineeLiiiy wci5 ucilled Lu oLdel. by Nctyct C lliLOLd. 1lie �� invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of June 12, 1989 and Special meeting of June 21, 1989 Cook x Nation: Approve minutes of the regular meeting of June 12, Edwards x x 1989 Jensen x Tucker x x No discussion before the vote. The motion carried unanimously. Gulliford x Cook x Motion: Approve minutes of the Special meeting of June 21, Edwards x x 1989 Jensen x Tucker x x No discussion before the vote. The motion carried unanimously. Gulliford x 2. Recognition of visitors: William DeCamp, 920 Orchid Street, said he wished to use his home as a base of operation for a business doing home repairs and maintenance, yard work and odd jobs. He had been advised by the City Clerk this did not appear to be in keeping with the provisions of the recently revised home occupation ordinance. He asked the Commission for an exception to allow him to operate his business out of his home and store his equipment in a yard shed. On advise of the city attorney, Mr. DeCamp was advised to contact the Community Development Director and apply for an exception. * * * * * * * * * * * * Mr. Carl Lemme, 1972 Colina Court, reported a jet ski accident on Atlantic Beach the previous day. He asked how the city intended to enforce the regulation that personal watercraft must be operated no closer than 200 feet from the beach. Chief Thompson said he would know by this Friday whether the Police Department would soon have a personal watercraft which would be used for law enforcement and he was hopeful details could be worked out. The watercraft would )e on the beach with the lifeguards and would be available for ,cater rescue as well as law enforcement. PAGE TWO V V MINUTES NAME OF JUNE 26, 1989 COMMRS. MSYN Mr. Lemme also requested stronger enforcement of the animal control regulations on the beach. The Mayor responded that Atlantic Beach had "the best animal control officer in the whole area." However, he said he did not feel a ban of animals on the beach would solve the problem because Jacksonville Beach and Neptune Beach do not allow animals on the beach but they also have a problem with enforcement. 3. Old Business: A. Mr. Nick Nicholson to discuss further with the City Ccmnission a proposed feasibility study on a World Class Swim Center. Mr. Nicholson, Chairman of the Chamber of Commerce Aquatic Swim Committee Task Force, reported Councilman Jarboe had pledged $7,500 towards the feasibility study on condition that the Request for Proposals be administered by a municipality. St. Vincent's Medical Center had contributed $100, and the River City Swim Club had donated $100. He said Phillips Petroleum and Coca Cola had also expressed interest in the project. Commissioner Edwards reported approved uses of Convention Development Tax revenues included improving publicly awned convention center or construction of a multi-purpose coliseum/exhibition center. Other approved uses Lnvolved stadiums, exhibition halls, marinas, coliseums or auditoriums. Finance Director Royal reported the city had accumulated approximately $125,000 in bed tax revenues and Commissioner Jensen pointed out the provisions of the statute severely limited the possible uses of those revenues by the city. He felt such a facility would be an asset to the beaches area and encouraged support of the feasibility study. Mr. Nicholson pointed out proposals ranging from $18,000 to $30,000 had been received approximately a year ago in response to an RFP. Cook x x Notion: The City pledge the amount of $5,000 towards the Edwards x feasibility study and offer its services to be used Jensen x x as the conduit for the funds Tucker x C ulliford x No further discussion. The motion carried unanimously. B. Report of findings relative to speeding on Fast Coast Drive between Eleventh Street and Seminole Road Chief Thompson reported studies had been done on the north end of both East Coast Drive and Ocean Boulevard and upon their recommendation, a stop sign had been installed on East Coast Drive at Fifteenth Street. Since the installation of the stop sign the police had continued to monitor the area but were not recommending the installation of any further stop signs at this time. Lt. Christman reported there had been a significant reduction in the zmount of speeding on East Coast. PARR THREE V V MINUTES NAME OF JUNE 26, 1989 COMMRS. M S Y N Connie Besancon, 1070 Ocean Boulevard, said she had recently canvassed the neighbors and all felt the traffic was too fast. Lt. Christman said that of 1,700 accidents in the last three years, six were on East Coast Drive. In the State of Florida 35 MPH was the recognized residential speed. The speed limit on East Coast and Ocean had already been reduced to 25 MPH, and even with some speeding, the average speed fell within acceptable levels. Cook x Edwards x x Commissioner Jensen moved that a 4-way stop sign be installed Jensen x x at the intersection of Ocean Boulevard and 12th Street Tucker x Gulliford x Dezmond Waters, 1835 Seminole Road, spokesman for North Duval Beaches Association, said the association was totally opposed to any additional stop signs. He said speeding was a greater problem on Seminole Road but homeowners had installed fences and had learned to live with the situation. The question was called and the motion carried unanimously. C. City Commission approval for the combination of Lots 17 and 18, Block 2, Donners Replat, in accordance with Ordinance No. 90-88-136 Cook x Edwards x x Notion: Approve combination of Lots 17 and 18, Block 2, Jensen x x Donners Replat, as requested Tucker x GUlliford x Mr. Kredell requested a letter stating the north half of Lots 17 and 18 is approved for the construction of a duplex. The City Attorney advised this was an administrative function and requested Mr. Kredell to contact the City Manager the following day. The question was called and the motion was approved by unanimous vote. 4. New Business: A. Action by the City commission to accept the water and sewer improvements in Sevilla Gardens for maintenance The City Manager reported all documents, including a one-year maintenance bond an all water and sewer facilities, had been received and requested acceptance by the Commission. Cook x Notion: Accept for maintenance the water and sewer Edwards x x improvements in Sevilla Gardens Jensen x x Tucker x No discussion before the vote. The motion carried unanimously, Gulliford x B. Discussion regarding appointments to the Public Nuisance Control Board for staggered terms of four, three, and two-year tem PAGE FOUR V V MINUTES NAME OF JUNE 26, 1989 COMMRS. MSYN The Mayor submitted three names for nomination to the newly established Public Nuisance Control Board as follows: Mr. Jack Brooks, who had worked with the Safe Neighborhoods Task Force; Rev. Neal of Friendship Baptist Church, who represented a community which is very concerned about drug activity; and Mr. J.C. Green, who was retired from the Times Union and was Director of Inform- ation Services at Community College in Jacksonville Cook x x Nbtion: Approve the nominations nations made by Mayor Gulliford and Edwards x x appoint Messrs. Brooks, Green and Neal to the Public Jensen x Nuisance Control Board Tucker x Gulliford x In discussion before the vote Commissioner Cook suggested, by reverse alphabetical order, to appoint Mr. Brooks to a four-year term, Mr. Green to a three-year term, and Rev. Neal to a two-year term. The question was called and the motion carried unanimously. C. Mayor Gulliford to discuss possibilities of dealing with old and abandoned houses through the Ccmminity Development Block Grant Rehab Loan Program Mayor Gulliford reported he had recently accompanied police on patrol and had witnessed many houses in poor state of repair, many )f which had been boarded up. He said Chief Thompson had indicated much of the drug problem stemmed from those houses. He suggested the city consider a partnership deal wherein the city would use Community Development Block Grant funds to acquire and rehabilitate properties which could, in turn, be sold at low interest rates to young married couples who would meet certain conditions. He said he felt this would be an enhancement to the neighborhoods and would benefit the community as a whole. The City Attorney said Atlantic Beach would be eligible to participate in the Community Development Block Grant funds available through Jacksonville. Another option would be tax increment financing. Mr. Mullis offered to contact Dick Bowers of the Urban Development Department and invite him to appear before the Commission and outline the options available. This was unanimously agreed to by the Commission. D. Acknowledge report of actions of the Community Development Board The Mayor confirmed that each commissioner had a received a copy of the actions of the Community Development Board and that no action was required. E. Discussion relative to outside display of merchandise for sale The City Clerk explained she had received several inquiries recently from people requesting to set up temporary facilities to sell seasonal items such as hot dogs and boiled peanuts, tee-shirts, suntan lotion, and fireworks, etc. While it has always PAGE FIVE V V MINUTES NAME OF JUNE 26, 1989 COMMRS. MSYN been city policy to prohibit such sales, this subject was not addressed in the city code. She suggested if it was the wish of the Commission to continue this policy, an ordinance be drafted setting guidelines. The City Attorney and City Clerk were directed to contact other cities to see how they handle this question and report back at the next meeting. 5. Ccnmittee Reports: A. Receipt of recommendations from the Professional Services Evaluation Committee relative to the ranking of engineers for a stormwater management plan The City Manager reported ranking of the interested parties had not been completed since Don Ford had been on vacation and his report was necessary for evaluation purposes. He requested action on this be deferred until the next meeting. B. Recommendation of the Awards Committee relative to the maintenance of landscaping areas at city facilities Commissioner Edwards reported three bids had been received . After review of the bids, it was the recommendation of the committee the bid of Growing of Ponte Vedra be accepted as the lowest and best bid in the amount of $17,575 Cook x Motion: Award bid to Growing of Ponte Vedra Beach for Edwards x x lawn maintenance at city facilities at an annual Jensen x x amount of $17,575 Tucker x GUlliford x No discussion before the vote. The motion carried unanimously. At this time Mayor Gulliford reported an appraisal had been received on property adjacent to Mt. Pisgah Church and Donner Park which had been the subject of discussion at the previous meeting. The appraisal was higher than the price being asked by the church and the Mayor requested the wishes of the Commission. Cook x x Notion: Authorize purchase of property measuring approx- Edwards x imately 145' x 180' adjacent to Donner Park at a Jensen x total price of $10,000 Tucker x x GUlliford x The Finance Director was instructed to conduct a title search and any other legal action required and proceed as quickly as possible to conclude the transaction. The motion carried unanimously. PAGE SIX V V MINUTES NAME OF JUNE 26. 1989 COMMRS. MSYN C. Recommendation of engineers relative to water treatment plant improvements and water main improvements Andy May of Gee & Jenson Engineers, reported six bids had been received and upon evaluation of the bids and investigation of the companies involved, it was the recommendation of the engineers that a contract be awarded for Part A, plant work to Milmir Construction Company in the amount of $1,250,758 and a contract be awarded for the construction of the water main replacement work in Royal Palms to Scott Plumbing Company, Inc. , in the amount of $528,981.24 for the bid items as outlined in Gee & Jenson's letter of recommendation dated June 23, 1989, copy of which is attached hereto and made a part hereof. Notion: Award bids in accordance with the recommendation of Cook x the engineers Edwards x John Belloit of WPC Industrial Contractors said his company had submitted the low bid on Park A and disagreed with the recommend- ation of the engineers. Joe Mittauer of Gee and Jenson pointed out the city's purchasing policy provided the city shall award contract to the lowest responsible bidder. Investigation of WPC had revealed about 40% of projects had been completed on time and of those contacted relative to the quality of work, about 40% of the :omments were favorable, while all responses relative to quality of work and timely completion of projects by Milmir were favorable. Mr. Belloit defended his company's position on all points raised. It was also pointed out Milmir appeared to have more experience with projects of this size while WPC had sub-contracted out parts of similar projects, and it was the opinion of the engineers the bid of Milmir represented the lowest and best responsible bid. Commissioner Edwards pointed out in making a recommendation, the committee had taken into consideration problems the city had had in the past on similar projects. The City Manager pointed out $1.2 million had been budgeted for the total project and additional funds would need to be borrowed from Sewer to accomplish the complete project. It was his opinion the project was of such importance that the city should proceed with the work. After further discussion, Mayor Gulliford suggested the awards committee, Mr. May and Mr. Belliot get together and further evaluate the situation and report back to the Commission. In the meantime it was decided to defer awarding the bid for Part A of the project. Commissioner Edwards withdrew his original motion and Commissioner Cook withdrew his second. • PAGE SEVEN V V MINUTES NAME OF JUNE 26, 1989 COMMRS. M S Y N Cook x x Motion: Award section B of the project to Scott Plumbing in Edwards x accordance with the engineer's recommendation and Jensen x defer action on awarding part A Tucker x x Gulliford x No further discussion. The motion carried unanimously. 6. Action on Resolutions: Mayor Gulliford presented in full, Resolution 89-35: A RESOLUTION RECOGNIZING THE MANY CONTRIBUTIONS THE USS CHARLES F. ADAMS HAS MADE DURING RECENT DEPLOYMENT AND THROUGHOUT HER DIS'TINGUISHED CAREER, AND ENCOURAGING ALL CITIZENS TO JOIN IN WELCOMING HOME THE SHIP AND HER CREW. Cook x x Edwards x Nbtion: Approve passage of Resolution No. 89-35 Jensen x Zucker x x No discussion before the vote. The motion carried unanimously. Gulliford x Mayor Gulliford presented in full, Resolution No. 89-36: A RESOLUTION RECOGNIZING THE ACCOMPLISHMENTS OF USS LEYTE GULF DURING HER FIRST OVERSEAS DEPLOYMENT AND ENCOURAGING ALL CITIZENS OF THE CITY TO JOIN IN WELCOMING HOME THE SHIP AND HER CREST Cook x x Edwards x x Motion: Approve passage of Resolution No. 89-36 Jensen x Tucker x No discussion before the vote. The motion carried unanimously. Gulliford x B. Resolution No. 89-33 Mayor Gulliford presented in full, Resolution No. 89-33: A RESOLUTION OPPOSING THE USE OF RIVER SAND FOR RENOURISHMENI' OF ATLANTIC BEACH Edwards x Notion: Approve passage of Resolution No. 89-33 Jensen x In discussion before the vote, it was suggested the third paragraph be amended to include examples of the types of undesirable foreign matter which was included in the sand on a previous renourishment project, eg. glass, cans, etc. Cook x Amended motion: Approve passage of Resolution No. 89-33 as Edwards x x amended Jensen x x Tucker x No further discussion. The motion carried unanimously Gulliford x C. Resolution No. 89-34 Mayor Gulliford presented in full, Resolution No. 89-34: A RESOLUTION WHEREIN IN CONSIDERATION OF THE CONVEYANCE OF THE REAL PROPERTY AT 902 ASSISI LANE, JACKSONVILLE, FLORIDA, FROM THE B[ICCANEER MST PARTNERSHIP TO THE CITY OF MANTIC BEACH, THE CITY COMNIISSION ACMES TO EXTEND THE REDEMPTION DATE ON THE PAGE EIGHT V V MINUTES NAME OF JUNE 26, 1989 COMMRS. M S Y N BLS WATER AND SEWER DISTRICT BONDS UNTIL MAY 15, 1994, AT WHICH TIME THEY MAY BE REDEEMED IN WHOLE OR IN PART AT THE PRICE OF PAR PLUS ACCRUED INTEREST TO THE REDEMPTION DATE. Cook x Edwards x x Motion: Approve passage of Resolution No. 89-34 Jensen x Tucker x x In brief discussion as to whether this action would require an c1lliford x ordinance, it was pointed out passage of this resolution was acceptable to the Buccaneer Management Partnership and would not be binding on a future Commission. Mr. Mullis further pointed out, the provisions of an ordinance could not be changed by resolution, and said it would be advisable to get an opinion from bond counsel. Mr. Mullis was authorized to seek such opinion. The question was called and the motion carried unanimously. 7. Action on Ordinances: Ordinance No. 65-89-20 - First Reading AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA, CLOSING, VACATING, AND ABANDONING A PORTION OF BELVEDERE STREET, MORE PARTICULARLY HEREINAFTER DESCRIBED, RESERVING UNTO THE CITY A PERPETUAL EASEMENT FOR CAIN PURPOSES, PROVIDING AN EFFECTIVE DATE. Mayor Gulliford presented in full, in writing, Ordinance No. 55-89-20 on first reading. Cook x Motion: Approve passage of Ordinance No. 65-89-20 on first Edwards x x reading and set for public hearing July 10, 1989 Jensen x x Tucker x No discussion before the vote. The motion carried unanimously. Gulliford x B. Ordinance No. 90-89-142 - Public Hearing AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ARTICLE III, DIVISION 6, SECTION 24-129, PLANNED UNIT DEVELOPMENT MD) ; BY PROVIDING EXCEPTION TICON TO THE SITE REQUIREMENT; AND PROVIDING AN EFFECTIVE DATE Mayor Gulliford presented in full, in writing, Ordinance No. 90-89-142 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. George Bull, 47 Eleventh Street, inquired whether this change would allow commercial developments under the provisions of PUD. The Mayor explained the main purpose was to allow for a reduction in the seven acre requirement of the PUD to allow the development of smaller parcels which would substantially reduce density, but did not see where it would have any commercial application. Since no one else wished to speak for or against the ordinance, the Mayor leclared the public hearing closed. Z '� co 7 (� t7 z3 n n (� N 0+ H °ci. ' ' °a. ' fD N C) H—H- H- a C ccn+ 2 � o PJ H 2 cl) i rr1 g B. S. 2 W � % il 1_T1 AH ea o W CD I ,z o a. P•• 24 11 0 i-h 0 co rail (D 8 ° V § 1916 2 BW o1 cn •. I � M ° 8 m 0 hhii �C5 U CD I--, 1-�h C • CD O C Iz 0 to p, R O G g1O pl, F-' 5 a 0o CD cn �C3 N LE I N. 8 CD o rt �• C 0 Iz n rn o m 1-8 NX N rrt FF"" I--� r�•}h rt- : 1111 : u� ° cn rt cn (� ,G l Lo g 1, 1-1 o• N I-h I fi 1-C o I a a tD (p 0 0 m Hm n 4o'C H 0 : rt- a) I, 1 N t�J m f✓ ¢ O f fi rt- li, w 0 to N ft I ct '* �- Hi-h. rt- O rt. no H- ft 1-,• DI Al N• • • v n n no n g0 o n c (-V N• H• ( rt rt r 4 i, � a o 0 n 4 o • �° CO fa. N ,ti4. LL CIA1-1 Woo al 7 1-n H 5 a r• a 0 1 cARM rr (C) 1.-- him 1-- (f) oo cD n ,. O N H 1D I- ID,Cii . 4: o (Drt LTJ dpi In f11 z7 o m nP (1) Pi N 0 0 0 N ,(1-21) n C n O rt 6-44V I-h � rh ? � �nrt cc) C1 H 0 � � 0 o Lom H C-1c �rro ern trt amu, m � ilV) 0 k• 1D IA roC ¢' n to H•rt t�- 7 N 10 a 4 '* 8 e 0 l7 a N CD CD o ''C Cl. IZ ¢, glill nijg gi-ilg QZ N'' o g, "" MX XXX ›C >CMXX -< C >4 >CXXX z C • PAGE TEN V V MINUTES NAME OF JUNE 26, 1989 COMMAS. MSYN 9. Miscellaneous: The City Manager confirmed that each Commissioner had received a written report of the events in connection with the beach access at Sixteenth Street which is currently in litigation. The City Attorney reported a question existed as to the ownership of all of Sixteenth Street. Further discussion ensued whereupon it was decided Mr. Mullis, Commissioner Jensen, and Attorney Jay Steel would be appointed as a committee to meet with Mr. Blackard in a final attempt to resolve the problem. * * * * * * * * * * Commissioner Edwards said he had noticed the fence at Russell Park Little League field which had recently been damaged by a storm, had now been repaired. He asked who would be responsible for repairs in the event of similar damage in the future. Ms. Blanchard reported the city had paid to replace, with heavier posts, the twenty-two posts which had been damaged. Little League and arranged for all other posts to be replaced with a heavier gauge, and had agreed to pay for same, and further damage was not lot anticipated. Mayor Gulliford presented in full, in writing, Resolution No. 89-32 recognizing the faithful dedication and loyal service of Richard C. Fellows while serving as the City Manager of Atlantic Beach. Cook x x Edwards x Motion: Approve passage of Resolution No. 89-32 Jensen x `Acker x x Each Commissioner, in turn, complimented Mr. Fellows for the work Gulliford x he had done for the City, and the excellent way he had worked with both Commissioners and employees. All assured him he would missed very much and wished him well in future. Mayor Gulliford also thanked Mrs. Fellows for her patience and understanding in connection with the many evening meetings which Mr. Fellows had been required to attend recently. The resolution was unanimously approved. * * * * * * * * * * Since a definite date had not been established for the new city manager to take over the job, Mayor Gulliford requested authority to compensate Mr. Fellows in accordance with his present rate of salary for any service he may render to the city until he leaves town. Cook x x Edwards x Notion: Approve compensation as requested by Mayor Gulliford Jensen x Tucker x x No further discussion. The motion carried unanimously. Gulliford x PAGE ELEVEN V V MINUTES NAME OF JUNE 26, 1989 COMMRS. M S Y N s . 1 There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 9:45 PM. I d 'A Ai Wi—iam I. Gul o g Mayor/Presiding Of: ;\ AnT ST: /4itt,"(,1,1-0-7,N._ "/-7-4.4.,,,,k_ Maureen King, City Clerk :6-;