07-13-87 v AGENDA
CITY OF ATLANTIC BEACH
July 13, 1987
Call to Order
Invocation and Pledge to the Flag
1. Approval of the minutes of the regular meeting of June 22, 1987
2. Recognition of visitors
3. Bid Opening:
A. Receipt of sealed bids for paving and drainage improvements in
Russell Park
4. Committee Reports:
A. Report by Commissioner William Gulliford, Jr. on a meeting of
the committee reviewing the appraisal of Broom, Moody and
Johnson on abutting lands owned by the City of Atlantic Beach
and the Selva Lakeside development
5. Action by the City Commission on a request by the Pension Board of
Trustees to approve the selection of Merrill Lynch as the board's
Pension Consultant, and agreement to fund the fee of $3,000.00 per
year
6. Discussion by the City Commission on the desirability of authoriz-
ing an Ordinance be drawn to close an existing right-of-way across
Lot 725 and a portion of Lot 736 adjacent to the Community Presby-
terian Church in exchange for an easement for drainage and util-
ities across Lot 727 and a part of Lot 736
7. Action by the City Commission to approve a Change Order on the
sewer construction project to provide, among other things,
landscaping and demolition of two existing structures
8. Discussion by the City Commission on the naming of neighborhood
parks at the intersection of Rose and Orchid Street, and north of
the new sewer plant between Francis Avenue and the public works
yard
9. Further discussion by the City Commission relative to beach access-
es at Seventeenth Street and Twentieth Street
10. Action on Resolutions:
A. Adoption of Resolution No. 87-23 authorizing the acceptance of
a federal grant in the amount of $85,450.00, representing 55%
of the cost of sewer rehabilitation in Section "A"
B. Adoption of Resolution No. 87-24 authorizing a budget
adjustment
Miscellaneous
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT CITY HALL ON JULY 13,1987 AT 7 :15 P.M. V V
O O
T T
PRESENT: William S. Howell, Mayor/Presiding Officer E E
Robert B. Cook, Sr. D D
Glenn A. Edwards
William I. Gulliford, Jr. M S
John W. Morris, Jr. , Commissioners
0 E
AND: Richard C. Fellows, City Manager T C
Claude L. Mullis, City Attorney I O Y
Adelaide R. Tucker, City Clerk NAME OF ONEN
COMMRS. N D S 0
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 Regular Meeting of June 22, 1987
Motion: Minutes of the Regular Meeting of June 22, 1987 be Cook x
approved as written. Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
* * * * * * * * * * * * * * * ;: * ;t * * * ;e * ;: * * * Howell x
2. Recognition of visitors - None
. Bid Opening
A. Receipt of sealed bids for paving and drainage improvements
In Russell Park
The following bids were received and opened:
1. Barcorp, Inc. , Jacksonville $62,750.00
Bid Bond-American Surety & Casualty Co.
2. Land Formations, Inc. Jacksonville $58,840.00
Bid Bond-Reliance Insurance Co.
3. B.B.McCormick & Sons,Jacksonville Beach $68,565.00
Bid Bond - U.S.F.& G.
Bid tabulation attached hereto and made a part thereof.
Motion: Refer bids to Committee. Cook x
Edwards x x
Gulliford x
No discussion before the vote. Motion carried unanimously. Mayor Morris x x
Howell appointed Commissioner Cook to chair the Committee. Howell x
* * * * * * ,. * * * * * * * * .. * * * * * * * * * * *
With no objections from the Commission, Mayor Howell called for item
1 on the agenda to be moved up.
9. Further discussion by the City Commission relative to beach accesses
at Seventeenth Street and Twentieth Street.
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JULY 13, 1987 COMMRS. MSYN
. . ..--i
9. Discussion - 17th & 20th Streets - continued
For the benefit of the 78 residents present in the audience, Mayor
Howell reported on the matter concerning the 20th street access. He
stated the City Attorney would file the necessary condemnation action
within the next ten days.
Commissioner Cook reported, for the record, on his evaluation with re-
spect to parking problems if a beach access was opened at 17th Street.
Both he and the Police Chief felt that with proper signs, the public and
private problems could be held to a minimum. He was going to urge the pro-
posed access be brought back to the Commission for re-consideration, but
after reading the opinion from the City Attorney that a 5' easement on
property now owned by Mr. Ed Lane may already exist, he urged the Commis-
sion to take necessary actions needed to open the access if it existed.
Mayor Howell suggested if the Commission wished to pursue the validity
of the easement, it should direct the City Attorney to request Mr. Lane
to remove the existing fence from the 5' easement. Failing to do so,
the city should file a request for a court order for removal of
the fence. At that point, the city would enter into litigation to deter-
mine whether the easement did exist.
Mr. Lane told the Commission when he bought the property in 1950, the
eed contained a clause "this conveyance was subject to an easement
Lreated by a previous instrument that was a matter of public record."
When both property owners signed the conveyance, they created only
one easement, 10 feet down the centerline of 17th St. , and therefore
burdened the abutting property owners 5 ' on each side. In 1970 Mr.
Strom bought the property adjacent to, and south of Mr. Lane's. With
traffic increasing, he went to court and succeeded in receiving a
judgment clearing the easement on his property. Then he built a fence
along the north line of his property, which threw all the traffic onto
Mr.Lane's land. On the advice of his attorney, Mr. Lane,in 1976,built
a fence across the west line of his property on Beach Ave. to forestall
any use of his land, since he felt the 1948 single easement was invalid
for Mr. Strom, and that it was also invalid for him. The fence has re-
mained in place for the past 11 years.
Mr. Lane expressed the opinion if the city was going to force an access
to the beach, a fair method through condemnation would be better than
to try and resurrect the easement. If the city chose to attempt to resur-
rect the easement through suit process, all the people who wanted the
access would have their expenses paid for by the City of Atlantic Beach,
but he would personally have to pay all the expenses and attorneys fees
to present arguments on the other side. If the suit were to achieve the
access through eminent domain, the Statute provided that the attorneys
fees and cost for the defense would be paid by the city.
"r. Fred Eastman, 1673 Park Terrace East, presented a petition signed
y 75 people urging the Commission to open the access. Present in the
audience who spoke in favor of the access were: Pat Kitteringham, 1661
IIILPark Terrace East; Mrs. Lancaster, 330 17th St, ; Stan Jones, 2051 Semi-
nole Road; and Michael Lanier, 1751 Sea Oats Drive.
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MINUTES NAME OF
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Discussion on 17th and 20th accesses continued
Pat Ketteringham, 1661 Park Terrace E. also spoke in favor of an access.
Tom Schifanel, corner of 17th & Beach, and Susan Wheatley, 1985 Brista
Del Mar Circle, opposed the opening of an access at 17th. Pros and Cons
were offered by Ed Martin, 166$ Park Terrace E. ; Ms. Kelly Lane; Mr.Hanson,
Selva Norte; Marty Myers, 1627 Sea Oats Drive; Dee Ryder, Vela Norte
Circle; Terry Parker, 1959 Brista del Mar Circle, and Don Wolfson, 1725
Beach Avenue. Discussion followed by the Commission and City Attorney.
Motion: Instruct the City Attorney to write a letter to Mr. Lane, Cook x
in connection with the right-of-way on 17th to remove the Edwards x
fence. Give Mr. & Mrs. Lane 15 days in which to do so.
If Mr. Lane does not comply, the City Attorney is to
proceed with the necessary legal action.
Following a lengthy discussion with each Commissioner voicing their Cook x
opinions on the access including parking problems, and the cost of Edwards x
acquiring an access at 17th, the question was called and the motion Gulliford x
carried unanimously. Morris x
* x * * * ;: * * * ;: ;: r * * ;r k ;t ;ti * ;: * * * :: * * * ;: Howell x
Mayor Howell declared a three minute recess at 8:30 p.m.
ayor Howell called the meeting back to order at 8:35 p.m.
4. Committee Reports:
A. Report by Commissioner William Gulliford on a meeting of the Committee
reviewing the appraisal of Broom, Moody and Johnson on abutting lands
owned by the City of Atlantic Beach and the Selva Linkside Development
Commissioner Gulliford reported the Committee met on Saturday, July 11,
1987 at 1:00 p.m. in City Hall to review the appraisals completed by
Broom and Associates on abutting lands of the City of Atlantic Beach
and the proposed Selva Linkside development. After evaluating the
alternatives, the Committee recommended the best proposal would be a
trade of Parcels A and B in Selva Linkside development, providing
better buffering of the water plant from the proposed development,
in exchange for Parcels A and B in the city property, with Selva Link-
side to pay the difference of $9,056 in cash.
Motion: We exchange parcels of land on the basis of the computation Cook x
on the second page as has been provided for the Commission, Edwards x x
with Selva Linkside to pay the difference of $9,056 in cash. Gulliford x x
Morris x
Following discussion, the question was called and the motion carried Howell x
unanimously. Exhibits attached hereto and made a part thereof.
Mayor Howell asked the Commission to discuss the 25' easement the devel-
pers were dedicating to the city, which he referred to as a "possible
edache". It was useless to the city other than an outfall line went
through. He suggested the city give the developers the 25'strip of land
and retain the easement so the city did not have to maintain the land.
The City Attorney will research the Mayor's suggestion and report back. _
•
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MINUTES NAME OF
JULY 13, 1987 COMMRS. MSYN
5. Action by the City Commission on a request by the Pension Board of
Trustees to approve the selection of Merrill Lynch as the Board's
Pension Consultant, and agreement to fund the fee of $3,000 per year
Mr. Peter Corbin, Chairman of the Pension Board of Trustees reported
the Board voted unanimously to recommend a local group, Merrill Lynch
as their consultant.
Motion: Approve the expenditure of $3,000 per year to fund the Cook x
payment for a Consultant to the Pension Board. Edwards x x
Gulliford x x
Following discussion, the question was called and the motion carried Morris x
unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
6. Discussion by the City Commission on the desirability of authoriz-
ing an Ordinance be drawn to close an existing right-of-way across Lot
725 and a portion of Lot 736 adjacent to the Community Presbyterian
Church in exchange for an easement for drainage and utilities across
Lot 727 and a part of Lot 736.
Mayor Howell offered a brief background of the existing right-of-way
djacent to the Community Presbyterian Church.
Motion: Direct the City Attorney to prepare the Ordinance to Cook x
close an existing right-of-way adjacent to the Community Edwards x
Presbyterian Church in exchange for an easement for drain- Gulliford x x
age and utilities across Lot 727 and pt. of Lot 736. Morris x x
Howell x
No discussion before the vote. Motion carried unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
7.Action by the City Commission to approve a Change Order on the sewer
construction project to provide, among other things, landscaping and
demolition of two existing structures
Motion: Approve Change Order No. 4 requested by Robert Bates and Cook x
Associates for Sewerage Improvements Program Part 4A to Edwards x x
provide, among other things, landscaping and demolition Gulliford x
of two existing structures. Morris x x
Howell x
Following discussion, the question was called and the motion carried
unanimously.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
8. Discussion by the City Commission on the naming of neighborhood
parks at the intersection of Rose and Orchid Street, and north of
he new sewer plant between Francis Avenue and the public works yard
Following discussion, Commissioner Edwards moved for the following:
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MINUTES NAME OF
JULY 13, 1987 COMMRS. M S Y N
8. Discussion on the name for two parks - continued
Motion: Move to name the park at Francis Avenue for Rev. Jordan, Cook x x
and the park at the intersection of Rose and Orchid St. Edwards x x
for Adele Grage. Gulliford x
Morris x
Following discussion, the question was called and the motion carried Howell x
unanimously. The City Attorney will prepare the necessary Resolution.
* * * * ;; * * * * * * * * * * * * * * * * * * * * * * * *
9. Further discussion by the City Commission relative to beach accesses
at 17th and 20 Streets - taken up earlier on the agenda.
10. Action on Resolutions:
A. Adoption of Resolution No. 87-23
Mayor Howell presented in full, in writing Resolution No. 87-23, a
Resolution authorizing the acceptance of a Federal Grant offer in the
amount of $85,450.00 by the Environmental Protection Agency, represent-
ing 55% of the cost of sewer rehabilitation in Section "A".
Motion: Passage of Resolution No. 87-23. Cook x
Copy of said Resolution attached hereto and made a part Edwards x x
thereof. Gulliford x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
B. Adoption of Resolution No. 87-24
Mayor Howell presented in full, in writing Resolution No. 87-24, a
Resolution authorizing a budget adjustment to provide budget for paving
the parking lot at Russell Park and to record additional municipal loan
funds to be used on the Public Safety Building, as previously approved
by the City Commission.
The City Manager advised the Commission he had received an estimate from
the engineers on the parking lot at Russell Park of approximately $30,000
which was included in the proposed Resolution. He noted the low bid was
over $58,000. If the Commission adopted the Resolution, they would still
be $28,000 short to pave the parking lot. Mayor Howell explained there
were drainage and fill problems to consider in the high bid price. Some
retaining basins would have to be put in along side the parking lot, and
permits obtained from the Corp and the DER. The Committee will consider
the cast when they meet.
Motion: Adopt Resolution No. 87-24. Cook x
Edwards x x
Gulliford x x
No discussion before the vote. Motion carried unanimously. Morris x
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
•
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JULY 13 1987 COMMRS. M S Y N
Miscellaneous
Mayor Howell stated the tax roll from Duval County would not be re-
ceived for several weeks. Because of State Law, a maximum millage had
to be set now. He requested the Commission set the identical millage
set in 1986 (1.8892 operating and .35 on debt) . The first Public Hear-
ing would be held on September 21, 1987 on the proposed budget. A
Special Meeting would be held on September 28, 1987 for final passage
of the budget.
Motion: Set the tentative millage at 1.8892 operating and .35 Cook x
debt. Edwards x x
Gulliford x
Following discussion, the question was called and the motion carried Morris x x
unanimously. Howell x
* * * * * * * * * * * * * * * * * * * * * * * * * * * *
Commissioner Gulliford asked if the fire engines were going to have a
problem making the turn coming out of the new fire bays on the west
side. He was told they would come out the other side.
At the last meeting Commissioner Gulliford asked for a report on the
number of inspections Jacksonville had made on the Kredell property.
r. Ford reported to date, the City of Jacksonville had made six (6)
inspections, and everything seemed to be covered.
There being no other business to come before the Commission, Mayor
Howell declared the meeting adjourned at 9:28 p.m.
William S. Howell
Mayor/Presiding Officer
ATTEST:
gu, J
Adelaide R. Tucker
City Clerk