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10-13-86 v AGENDA CITY OF ATLANTIC BEACH October 13, 1986 Call to Order Invocation and Pledge to the Flag 1. Approval of the minutes of the regular meeting of September 22, 1986 2. Recognition of visitors 3. Discussion of emergency generator and space needs at proposed Public Safety Building 4. Action by the City Commission to approve the final plat for the Mayport Industrial Park 5. Action by the City Commission to authorize the acceptance of an additional grant offer of $149,435.00 from the Environmental Protection Agency to cover construction bid cost overruns in the addition of sludge equipment for the City of Atlantic Beach sewer project 6. Action by the City Commission on a proposed Change Order No. 5 to Part 3 of the new sewage pumping stations in connection with the City's sewage improvement program 7. Action on Resolutions: A. Action by the City Commission to adopt Resolution No. 86-23 authorizing the City Manager to submit an application for funding under the Florida Recreation Development Assistance Program for improvements to Russell Park and Donner Park B. Action by the City Commission to adopt Resolution No. 86-24 to re-allocate budgeted funds between the General Government account and the Legal Counsel account for FY 1985-86 8. Action on Ordinances: A. Introduction of Ordinance No. 5-86-17 amending the Personnel Rules and Regulations for the City of Atlantic Beach to provide a set holiday schedule and setting a public hearing for October 27 B. Public Hearing on Ordinance No. 90-86-110 establishing a moratorium of up to six months on the approval of building permits within Section H of the City of Atlantic Beach until completion of studies concerning the provision of sewer and water utilities to the area C. Further action in regards to the establishment of Ordinance No. 90-86-103 providing for a Special Use District in the extreme western section of Section H, Atlantic Beach 9. Miscellaneous ADJOURNMENT MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM- V v MISSION HELD AT CITY HALL ON OCTOBER 13, 1986 AT 7 :15 P.M. O O T T PRESENT: William S. Howell, Mayor-Commissioner E E Robert B. Cook, Sr. D D Glenn A. Edwards William I. Gulliford, Jr. M S John W. Morris, Jr. , Commissioners O E T C AND: Richard E. Fellows, City Manager I O Y Claude L. Mullis, City Attorney NAME OF ONEN Adelaide R. Tucker, City Clerk 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 September 22,1986 Motion: The minutes of the regular meeting of September 22,1986 be Cook x approved as written. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 2. Recognition of Visitors Mr. Danny Bridges spoke on behalf of his neighbor, Charles Perkins,1904 1. Sherry Drive, relative to "the lack of on-duty firemen". Mr. Bridge3 reported Mr. Perkins lost his home due to a fire on Wednesday night, October 8, 1986. Mr. Bridges verbatim: "The two fire trucks, with one man on each truck, arrived on the scene of the fire within 6 to 8 minutes after they were called, and the policemen, who are also trained to helms fight fires, were also shortly behind them, aren't adequate to fight a home fire in Atlantic Beach. Had there been two men on each truck when they got there, I'm convinced that Mr. Perkins wouldn't have lost his home. Without the arrival of the Jacksonville fire truck from Mayport, Mr.Perkins would have lost his home in its entirety, and had there beer any kind of wind blowing, we may have lost three or four homes, mine would have gone for sure." "I do happen to know additional firemen have been asked for the last couple of years, and we would like to know what's the best course of action to get uniforms,and paid firemen on the job where they are needad. Gentlemen, if you tell the people you're getting ready to annex that you have adequate fire protection, you're telling them a damn lie, because you don't". Mayor Howell - verbatim: "I don't intend to rebut anything. I will tell you this. This all came out Friday night. As you know, you were in my office this morning and told me, if I'm not correct, let me know, that you were not totally quoted properly on Channel 12. (Mr. Bridges said "that's correct") . This is the first time in the history of this city this type of thing ias happened, in all the years of the fire service. Mr. Fellows is the Jirector of Public Safety and was out of town at the time. He has been with the Chief of the Fire Department today. We are looking into it. We intend to make an in-depth study and any corrections that are necessary will be taken." PAGE TWO V V MINUTES NAME OF OCTOBER 13,1986 COMMRS. MSYN 3. Discussion of emergency generator and space needs at proposed Public Safety Building. Mr. William Bryant of Gee & Jensen, Engineers, Architects,Planners, Inc. who are designing the Public Safety Building, was present to discuss the space needs and emergency generator. He offered the results of their investigation on cost of a proposed extension of space in the proposed Public Safety building, that was requested at a meeting held on September 25th with the Fire Chief and others. They discussed the desirability of increasing the space by an additional 300 feet. Estimated construction cost was $16,700. ; architectural engineering fees would be approximately $3,400. with a total estimated cost of $20,100. The space would be utilized for volunteer firemen's meetings, dining room, recreational area, etc. ; a voting precinct instead of conducting elections in the fire bays, and as a shelter during hurricane or storm emergencies. There was some concern on the prior discussion of paid firemen on duty and it was the consensus of the Commission that action on additional space should be taken at a later date. Consideration was given on purchasing a 65-75 KW generator at $22,000 in order to run the building completely during an emergency and could be used as a shelter for families. Concern was expressed relative to the !levation of the land, which appeared to be low, with a ditch running along side the proposed building. . The question was asked if it would be prudent, or possible, to build the site up to a level that should a situation arise, the building would be above the flooding zone. Mr.Bryant will check further on the matter and advise. A Workshop meeting will probably be held soon for further discussion. 4. Action by the City Commission to approve the final plat for the Mayport Industrial Park. Mr. Fellows reported the Commission, at the meeting of May 27,1986, had approved the preliminary plat for the Mayport Industrial Park on Mealy St. The developers had submitted an irrevocable letter of credit in the amount of $113,420, representing 100% of the engineering and construction costs for the public facilities, and the City Attorney approved the contents of the letter of credit, subject to the last sentence therein being deleted. The contractors will furnish the necessary 2 year maint- enance bond, etc. Motion: Accept the final plat, subject to the City Attorney signing Cook x x off on the final letter of credit. The Mayor and City Clerk Edwards x be authorized to sign on behalf of the city. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * is * * * * * * * * * * k * * * * * * • PAGE THREE V V MINUTES NAME OF OCTOBER 13,1986 COMMRS. MSYN 5. Action by the City Commission to authorize the acceptance of an addi- tional grant offer of $149,435.00 from the Environmental Protection Agency to cover construction bid cost overruns in the addition of sludge equip- ment for the City of Atlantic Beach sewer project Motion: Authorize acceptance of the additional grant offer of Cook x $149,435.00 from the Environmental Protection Agency to Edwards x x cover construction bid cost overruns in the addition of Gulliford x sludge equipment for the City of Atlantic Beach sewer Morris x x project. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 6. Action by the City Commission on a proposed Change Order No. 5 to Part 3 of the new sewage pumping stations in connection with the city's sewage improvement program. Mr. Fellows reported copies of the change order had been sent to each Commissioner. There was one item subject to controversy. When the con- tractor went into the area to do the necessary underground work prelim- inary to putting in a new wet well, an old 2" city line was broken as a result of the construction. As a result of the flooding, the existing yet well sunk and broke the sewer system creating a chance of under- mining a major portion of Mayport Road. The contractor took the necessary steps and was able to conclude the work. The Engineers had recommended approval and reported it would be eligible for 55% funding by the EPA as un-anticipated site problems. Lengthy discussion followed. Motion: Appoint a Committee to look into the matter, and attempt Cook x negotiations with the contractor or others that may be Edwards x x responsible. Gulliford x x Morris x No discussion before the vote. Motion carried unanimously. Mayor Howell x Howell appointed Commissioners Morris and Edwards to serve on the Committee, with the City Manager and any others deemed necessary. * * * * * * * * * * * * * * * * * * * * * * * * * * * *- * * * * * 7. Action on Resolutions A. Resolution No.86-23 Mayor Howell presented in full, in writing, Resolution No. 86-23, a Resolution authorizing the City Manager to submit an application for funding under the Florida Recreation Development Assistance Program for improvements to Russell Park and Donner Park. Motion: Passage of Resolution No. 86-23. Cook x Edwards x x Gulliford x x )uring discussion, Mr. Bridges suggested Mr. Fellows check on using Morris x some of the proposed Recreational funds to build a community or re- Howell x creational center by using the solid structural part of the existing Public Safety building. Messrs. Fellows and Bryant will investigate PAGE FOUR V V MINUTES NAME OF OCTOBER 13,1986 COMMRS. MSYN Action on Resolutions - continued - A. Mr. Bridges' suggestion. Commissioner Morris asked where they stood with the Boys Club of Jacksonville and their use of Donner Park. Mr. Fellows advised he had met with representatives of the Boys Club who reported they were having a tremendous amount of acceptance and success with the program. They concurred in the need for some improvements in the way of playground equipment and bleachers. He added it was also a recommendation of the City's Recreational Advisory Committee. Mr.Fellows also noted the Boys Club had some programs they run at certain times, but the facility was always available to the public. The question was called and the motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Resolution No. 86-24 Mayor Howell presented in full, in writing, Resolution No. 86-24, a Resolution to re-allocate budgeted funds between the General Government account and the Legal Counsel account for FY 1985-86. Motion: Passage of Resolution No. 86-24. Cook x Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Morris x * * * * * * * * * * * :; * * * * * * * * * * * * * * * * ;, Howell x 8. Action on Ordinances A. Ordinance No. 5-86-17, First Reading AN ORDINANCE AMENDING THE PERSONNEL RULES AND REGULATIONS FOR THE CITY OF ATLANTIC BEACH, FLORIDA, TO PROVIDE A SET HOLIDAY SCHEDULE, PROVIDING AN EFFECTIVE DATE. Ordinance No. 5-86-17 was presented in full, in writing, by Mayor Howell on first reading. Motion: Passage of Ordinance No. 5-86-17 on first reading. Cook x x Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Mayor Morris x Howell set the Public Hearing for October 27, 1986. Howell x • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Ordinance No. 90-86-110 - Final Reading - Second Public Hearing AN ORDINANCE ESTABLISHING A MORATORIUM OF UP TO SIX MONTHS ON THE APPRCVAL )F BUILDING PERMITS WITHIN SECTION H OF THE CITY OF ATLANTIC BEACH UNTIL .:OMPLETION OF STUDIES CONCERNING THE PROVISION OF SEWERAGE AND WATER UTILITIES TO THE AREA; PROVIDING A PROCEDURE FOR OBTAINING RELEASE FROM. THE MORATORIUM; PROVIDING FOR SEVERANCE; PROVIDING FOR CONFLICT; PROVIE- ING AN EFFECTIVE DATE. PAGE FIVE V V MINUTES NAME OF OCTOBER 13, 1986 COMMRS. MSYN Action on Ordinances- continued B. Mayor Howell presented Ordinance 90-86-110 in full, in writing, on the second Public Hearing and final reading. Said Ordinance was posted in line with Charter requirements. The Mayor opened the floor for the Public Hearing and invited comments from the audience. As no one spoke for or against, the Mayor declared the second Public Hearing closed. Motion: Passage of Ordinance No. 90-86-110 on final reading. Cook x Edwards x x Gulliford x x No discussion before the vote. Motion carried with a four to one vote. Morris x Commissioner Morris voted nay. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Further action in regards to the establishment of Ordinance 90-86-103 providing for a Special Use District in the extreme western section of Section H, Atlantic Beach For the benefit of the audience, Mayor Howell advised action on Ordinan:e No. 90-86-103 was passed over at the last meeting. The Ordinance was a Special Use District in the extreme western section of Section H in connection with a junk yard owned by Mr. Raymond Dagley. ir. Alan Jensen, attorney representing Mr. Dagley, was advised the present Ordinance could not be passed as there were too many changes to be made. Mr. Jensen stated the only change was a decrease in the proposed area covered. He explained the following changes: Mr. Dagley proposed to use Block 110 as a buffer zone. No business operations would be transacted on the entire block. His operations would be west of that, between Block 110 and the intra-coastal waterway. On the northerly part of his property, just east of Tulip St. , Blocks 139 and 143 were part of the original Ordi- nance and they had suggested Tulip St. be shifted down to the easterly half of those two blocks, and then would provide an approximate 50 feet buffer zone. On the easterly boundary line of the property (down the middle of Blocks 139 and 143, Mr. Dagley would construct a 6' high fence. As the 1200' fence would be quite costly, Mr. Jensen asked that Mr. Dagley be given a reasonable amount of time for completion of the fence. The easterly 50 feet of blocks 139 and 143 would be deed to the city and the city would abandon Tulip St. in exchange. In answer to Mayor Howell's question on how Mr. Dagley would handle the high voltage electric poles that were presently running down Tulip Street, Mr. Jensen said they had no control over the poles as that was an ease- ment that ran with the land. Mr. Mullis stated always, where there have been utilities located in a street right-of-way, a reserved un-obstructed easement for utilities to be maintained and remain on the property. Mr. Mullis suggested the Commission defer passage of the Ordinance until other steps had been taken. He did not feel it necessary to start over lith a new Ordinance. Mr. Harry Mahon noted one of his clients owned Block 120 which would abut to the fence line and felt his client should be allowed to review the proposed changes to the Ordinance. PAGE SIX V V MINUTES NAME OF OCTOBER 13, 1986 COMMRS. M S Y N Action on Ordinances - continued - C. Commissioner Morris asked if they would have to shift Begonia St. Follow- ing discussion on Begonia St. , Mr. Jensen offered to discuss the matter with Mr. Dagley and advise the Commission at the next meeting. Motion: Defer action again on Ordinance No. 90-86-103 until the Cook x x next meeting. Edwards x Gulliford x No discussion before the vote. Motion carried unanimously. Morris x x * * * * * * * * * ,. * * * * * * * .. * * * * * * * * * Howell x Miscellaneous - None There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 8:45 p.m. /e4e: ,/ latO Willia S. Howell Mayor/Presiding Officer ATTEST: Adelaide R. Tucker City Clerk 1' 08 g. of 447 Sieter!c gazdeoZPd J2gmcc, PJenc%t, Aoccdev 32239 Slizen, Amen, October 13, 1986 (904J246'4500 Mayor William S. Howell HAND DELIVERED Atlantic Beach City Hall 10/13/86 Atlantic Beach, FL 32233 Re: Raymond Dagley Ordinance No. 90-86-103 Dear Bill: I have redrafted the above Ordinance in a final attempt to resolve this matter, which could hopefully be done this evening. The original and six (6) copies of the Ordinance are enclosed herewith. The only change from the prior Ordinance as presented is in the description of the lots included. Mr. Dagley would propose the following compromise upon the passage of this Ordinance: 1. He will completly pull off of lots 5 and 6, Block 162. 2. Block 110 will have no junk parts on it and will be used exclusively as as buffer zone. 3. The City will abandon Tulip Street between West 6th Street and West 9th Street. 4. Mr. Dagley or the owner of record will convey to the City the east half of Blocks 139 and 143, with the property to be dedicated to the City for eventual use as a street. Mr. Dagley informs me that most of this property is cleared any- way and used as a road or street of some kind. 5. Mr. Dagley will install a 6 foot high privacy fence down the middle of Blocks 139 and 143, from the northerly boundry thereof to the southerly boundry thereof, within a reasonale time frame, but in any event within one (1) year from the date of the passage of the Ordinance. The conveyance of the east half of Blocks 139 and 143 will of course be subject to the approval of the current mortgage holder, and I do not anticipate any difficulty in obtaining either a waiver, a substitution of collateral, or as a last result Mr. Dagley and any other owners of record would agree, in writing, to hold the City harmless from said mortgage and indemnify the City against said mortgage in the event it is not paid. This proposal will allow Mr. Dagley to continue using his property as it has Mayor William S. Howell October 13, 1986 Page 2 been used in the past, and even though he would be giving up half of Blocks 139 and 143, which were purchased with the specific intent to be used in his then existing business operation, he would be willing to do this in an effort to reach an amicable compromise with the City. I hope this matter can be resolved at the meeting tonight. Please let me have your thoughts in this regard. Thank you very much. Very truly yours, Alan C Jensen ACJ:trp cc: Raymond Dagley RESOLUTION NO. 86.25 A RESOLUTION OF THE CITY COMMISSION OF ATLANTIC BEACH, CONSENTING TO AND AUTHORIZING TRANSFER OF BOND NO. R-2 FROM ATLANTIC NATIONAL BANK (PLEDGEE) TO SOUTHEAST BANK N.A. (PLEDGEE) IN THE FACE AMOUNT OF $873,600.00. NOW THEREFORE BY IT RESOLVED by the City Commission of Atlantic Beach, Florida, as follows: 1. The City of Atlantic Beach does hereby approve Transfer by Donald D. Zell and Atlantic National Bank of Florida (as Pledgee) as registered owner, to Southeast Bank, N.A., ( as Pledgee) , of Bond No. R-2 in the face amount of $873,600 of the City of Atlantic Beach Buccaneer Water & Sewer District Revenue Bonds to be reissued and registered by the Registrar in the name of said Transferee pursuant to the Provisions of Ordinance No. 80-85-26. Adopted by the City Commission at its meeting of November 10, 1986. 'YOR Commissi.ner Presiding Officer ATTEST: City Clerk Approved as to form and correctness City Attorney