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08-10-92 v CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, AUGUST 10, 1992, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of July 27, 1992 and Special Called Meeting of August 3, 1992 2. Recognition of Visitors: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. _ 3. Old Business: A. Presentation of proposed final plat of Selva Linkside, Phase 2 (City Planner George Worley) 4. Consent Agenda: A. Adele Grage Community Center monthly report B. Bid #9192-18 report relative to Sewer Rehabilitation for 6th St. , Howell and Russell Parks C. Proclamation declaring August 17-21 as Water and Pollution Control Operators Week D. Code Enforcement report 5. Resolutions: A. Resolution No. 92-21 to approve Budget Adjustment #BA-22 relative to training area for fire personnel B. Resolution No. 92-23 to approve Budget Adjustment #BA-26 relative to rehabilitation of tennis courts C. Resolution #92-24 relative to Vision Energy and assessing a franchise tax thereto 6. New Business: A. Discussion of Ordinance #28-91-1 limiting the terms of Mayor-Commissioner and City Commissioners and Ordinance #28-91-2 prohibiting a City Commissioner from being appointed City Attorney 7. City Manager Reports and/or Correspondence: 8. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 O O PM ON MONDAY, AUGUST 10, 1992 T T E E PRESENT: William I. Gulliford, Jr. , Mayor D D Glenn A. Edwards Lyman T. Fletcher Adelaide R. Tucker, and M S J. Dezmond Waters, III, Commissioners O E T C AND: Kim D. Leinbach, City Manager I O Y Alan C. Jensen, City Attorney NAME OF ONEN Maureen King, City Clerk COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Fletcher, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of July 27, 1992 and Special Called Meeting of August 3, 1992. Edwards x x Motion: Approve minutes of the regular meeting of Fletcher x July 27, 1992. Tucker x Waters x x No discussion before the vote. The motion carried Gulliford x unanimously. Motion: Approve minutes of the Special Called Edwards x x Meeting of August 3, 1992 . Fletcher x Tucker x No discussion before the vote. The motion carried Waters x x unanimously. Gulliford x 2. Recognition of visitors: Ray Salman, Chairman of the Citizens Fact Finding Committee on the Inter-Local Agreement, reviewed the Committee' s work over the past year. He indicated Mayor Austin promised to consider the data that was supplied by the Committee indicating the City of Atlantic Beach had overpaid $3. 5 million in revenue and taxes to the City of Jacksonville. He indicated the City would like to have a lower millage rate, and not an increase in millage rate. He presented a proposed resolution and a petition signed by 450 households urging legal action against Jacksonville. Mayor Gulliford thanked Mr. Salman and he proceeded to present in full, in writing, Resolution 92-22: A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR AND CITY ATTORNEY TO TAKE ALL ACTION DEEMED NECESSARY TO FILE SUIT AGAINST THE CITY OF JACKSONVILLE AB 1204 V V PAGE 2 NAME OF MINUTES, AUGUST 10, 1992 COMMAS. MSYN Mayor Gulliford thanked Mr. Salman and he proceeded to present in full, in writing, Resolution 92-22: A RESOLUTION OF THE CITY OF ATLANTIC BEACH AUTHORIZING THE MAYOR AND CITY ATTORNEY TO TAKE ALL ACTION DEEMED NECESSARY TO FILE SUIT AGAINST THE CITY OF JACKSONVILLE TO OBTAIN AN ADJUSTMENT IN THE INTERLOCAL AGREEMENT TO PROPERLY EQUALIZE THE PAYMENT OF AD VALOREM TAXES BY ATLANTIC BEACH PROPERTY OWNERS IN RELATION TO SERVICES PROVIDED BY JACKSONVILLE AND TO ASSURE BY OTHER APPROPRIATE MECHANISMS INCLUDING REVENUE SHARING, THE NON-DISCRIMINATORY LEVYING OF COUNTY TAXES AND COLLECTION OF REVENUE FROM ATLANTIC BEACH CITIZENS BY THE CITY OF JACKSONVILLE. Edwards x x Motion: Approve Resolution 92-22 and authorize the Fletcher x x Mayor and City Attorney to initiate legal action Tucker x Waters x Commissioner Fletcher would like an estimate cost of Gulliford x litigation from the City Attorney, for budget purposes. The question was called and the motion passed unanimously. John Barnard, of Albert Haff, spoke concerning the Parking Study his firm is doing for the City. He invited citizens to attend a meeting for citizen input, to be held Thursday, August 13, 1992, in the Commission Chambers. Mayor Gulliford appointed Commissioner Waters to assist in publicizing the meeting. 3. Old Business: A. Presentation of proposed final plat of Selva Linkside, Phase 2. George Worley, City Planner, presented the proposed final plat of Selva Linkside Phase 2 as submitted by Louis MacDonnell. He indicated the plat had been reviewed by staff and he brought several items to the attention of the Commission, such as the proposed drainage and maintenance easement to be shared with Selva Marina Country Club, and the unusual size of the lots. Louis MacDonnell, Partner and Selva Linkside owner, asked the Commission to approve the plat. He indicated the only item lacking would be the addition of the easements required by JEA. He indicated he would like the Commission to study the information on the plat and give authorization to the Mayor to sign the mylar when it is ready. AB 1205 V V PAGE 3 NAME OF MINUTES, AUGUST 10, 1992 COMMRS. MSYN Edwards x Motion: Approve plat as presented contingent upon Fletcher the addition of easements required by JEA and any Tucker x other stipulations as set forth in Staff's Waters recommendation dated August 5, 1992, copy of which Gulliford is attached hereto Commissioner Fletcher asked that approval be deferred until the points outlined in Staff ' s recommendations could be addressed, and for the purpose of giving everyone time to study the matter. Commissioner Waters would like to know who would maintain the easements, and he indicated his desire to see covenants and restrictions. Mr. MacDonnell replied that covenants and restrictions would be approved at a later date as they were with Phase I, and he added the developer had accomplished the steps required by all agencies. A long discussion ensued concerning the cut of lots, location of homes, and many other matters. It was determined the maintenance of the easements would be maintained by the homeowner' s association. Commissioner Fletcher questioned Mr. MacDonnell concerning the existence and success of the Homeowner' s Association, to which Mr. MacDonnell stated the Association was doing quite well. Chief Thompson stated he was a resident of Selva Linkside and he did not feel he had enough information concerning the plans and would like more time to discuss the proposed development with the developers. The Mayor asked the City Attorney to explain to the Commission exactly what they were acting on, to which the City Attorney replied the Commission was only acting on the Plat which was basically the layout or site plan. He added it had been conceptually approved by the Commission in February, 1992, and he explained the developer was before the Commission for final approval, now having completed all work which was required, following the conceptual approval. He explained normally when a developer develops a piece of property it is the developer who sets forth the layout of the land and the lots, subject to the approval of the city. The developer would then come back and submit the covenants and restrictions for approval by the city in accordance with the City' s PUD ordinance. He added it was premature for the city to be involved in covenants and restrictions, and that it was the developer' s authority to put covenants and restrictions on the property subject to AB 1206 V V PAGE 4 NAME OF MINUTES, AUGUST 10, 1992 COMMRS. MSYN approval of the city commission. He explained what was basically before the Commission was final approval of the site plan which had been conceptually approved by the commission before. Commissioner Waters indicated this was a PUD over which the Commission had an authority. He objected to the lots being zig-zagged and he felt that every house would look the same. He added he thought the Commission should protect Atlantic Beach by looking at the site plan. He added there was not a consistency within the PUD to follow its own policy. He indicated he had a problem with the development having only one exit and entrance. In addition he pointed out there was an easement that traveled over the front yards of three homeowners. He added the easement was not paved and was not dedicated in such a way that the city and the homeowners involved would always know it was there. He indicated he felt the easement should be paved so there would be no question about its location. The Mayor advised everyone that he would only sign the final mylar when he felt all conditions of the City had been met. He reminded everyone that there were two items of concern: the lot configurations and the agreement with Selva Marina. Commissioner Fletcher reminded everyone the whole idea of the PUD and the step by step approval of the process was so the Commission could exercise some judgement as to what was being built as it impacted on the other people that have bought in Phase I, as well as the people who would buy in Phase 2. He requested that the matter be deferred for two weeks. Bob Kosoy indicated he had concerns relating to the ingress and egress for emergency vehicles and he indicated if the developer wanted to leave the easement as part of the homeowners ' properties, he thought a road should be built on the easement that would support a fire truck. A discussion arose concerning the maintenance of a drainage ditch in the development and a representative from Centex stated the Homeowners Association would care for the drainage ditch. Edwards Amended Motion: That the easement which is Fletcher necessary for ingress and egress of emergency Tucker vehicles be permanently paved with asphalt or Waters Gulliford AB 1207 V V PAGE 5 NAME OF MINUTES, AUGUST 10, 1992 COMMRS. MSYN concrete so that it is permanently lodged there A discussion ensued concerning the actual size of the easement and Louis MacDonell felt the entire easement was too large to pave. The Fire Chief indicated paving 20-25 feet for ingress and egress would be sufficient for a fire truck. Motion died for lack of a second. Edwards x Substitute Motion: Defer any action for two weeks Fletcher x x Tucker Waters x x Commissioners Fletcher and Waters indicated they thought Gulliford x deferring any action for two weeks would give everyone enough time to study the plat. The question was called and the substitute motion was defeated by a vote of 3-2 with Commissioners Edwards, Tucker, and Mayor Gulliford voting nay. Amended Substitute Motion: Require easement for Edwards x x ingress and egress of emergency vehicles to be FletcherTuc x paved 20 feet wide Waters x Waters x x Gulliford x A representative of Centex, the developer of Selva Linkside Phase 2, agreed to pave the easement 20 feet wide. It was determined the paved portion would be used for the homeowners ' s driveway as well as an emergency easement. The question was called and the motion carried unanimously. Edwards x x The question was called on the original motion to approve Fletcher x the plat as submitted contingent upon the addition of Tucker x x easements required by JEA and any other stipulations as Waters x set forth in Staff' s recommendation dated August 5, 1992, Gulliford x copy attached hereto. The motion passed by a 3-2 vote with Commissioners Fletcher and Waters voting nay. Commissioner Fletcher asked for a clarification of what was passed concerning the original motion, and it was determined the motion was passed contingent upon the two AB 1208 V V PAGE 6 NAME OF MINUTES, AUGUST 10, 1992 COMMRS. MSYN conditions that George Worley raised; the design of the streets and the agreement with Selva Marina Country Club relating to the detention pond. The Mayor assured Commissioner Fletcher he would not sign off until the concerns indicated in Staff ' s recommendation (copy attached) were satisfied. Mayor Gulliford indicated his desire to appoint a committee to study the City Charter, and he asked that this be placed on the next City Commission agenda. 4. Consent Agenda: A. Adele Grage Community Center monthly report B. Award Bid #9192-18 report relative to Sewer Rehabilitation for 6th St. , Howell and Russell Parks C. Proclamation declaring August 17-21 as Water Pollution Control Operators Week D. Code Enforcement report Edwards x x Fletcher x x Motion: Approve passage of Consent Agenda Tucker x Waters No discussion before the vote. The motion carried Gulliford unanimously. 5. Resolutions: A. Resolution No. 92-21: A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS Mayor Gulliford presented in full, in writing, Resolution No. 92-21 . Edwards x x Motion: Approve passage of Resolution 92-21 Fletcher x Tucker x x A discussion ensued relative to whether or not it would Waters x be feasible to construct a training area for the Fire Gulliford x Department at this time, or to wait and discuss the matter during budget procedures. The question was called and the motion failed by a vote of 2-3 with Commissioner Fletcher, Waters, and Mayor Gulliford voting nay. Commissioner Waters felt he mistakenly voted contrary to the way he wished to vote. Edwards x x Fletcher x Motion: Reconsider passage of Resolution 92-21 Tucker x Waters x x Roll Call vote in the motion to reconsider passage of Gulliford x AB 1209 ' r V V PAGE 7 NAME OF MINUTES, AUGUST 10, 1992 COMMRS. MSYN Resolution 92-21 carried by a vote of 3-2 with Commissioner Fletcher and Commissioner Tucker voting nay. Edwards x x Motion: Approve passage of Resolution 92-21 Fletcher x Tucker x x Roll Call vote to approve passage of Resolution 92-21 Waters x carried by a vote of 3-2 with Commissioner Fletcher and Gulliford x Mayor Gulliford voting nay. B. Resolution No. 92-23: A RESOLUTION TRANSFERRING CERTAIN MONIES BETWEEN FUNDS. Mayor Gulliford presented in full, in writing, Resolution No. 92-23. Edwards x x Motion: Approve passage of Resolution 92-23 Fletcher x Tucker x No discussion before the vote. The motion carried by a Waters x x vote of 4-1 with Commissioner Fletcher voting nay. Gulliford x C. Resolution No. 92-24: ASSESSING A FRANCHISE TAX OF FIVE PER CENTUM OF THE GROSS RECEIPTS OF VISION ENERGY'S SALES OR DELIVERY OF GAS IN THE CITY LIMITS OF ATLANTIC BEACH Mayor Gulliford presented in full, in writing, Resolution No. 92-24. Edwards x Fletcher Motion: Approve passage of Resolution No. 92-24 Tucker Waters x Commissioner Fletcher felt that the passage of Resolution Gulliford No. 92-24 should be deferred so that it could be advertised and citizens afforded the opportunity to speak. Edwards x Substitute Motion: Defer action on Resolution 92- Fletcher x x 24 until the next Commission meeting Tucker x x Waters x The question was called and the motion carried by a 4-1 Gulliford x with Commissioner Waters voting nay. 6. New Business: A. Discussion of Ordinance #28-91-1 limiting the terms of Mayor-Commissioner and City Commissioners and Ordinance #28-91-2 prohibiting a City Commissioner from being appointed City Attorney Ordinance No. 28-91-1 - AN ORDINANCE PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 5 OF THE CHARTER OF THE CITY OF ATLANTIC BEACH, TO LIMIT THE TERMS OF MAYOR AB 1210 V V PAGE 8 NAME OF MINUTES, AUGUST 10, 1992 COMMRS. MSYN COMMISSIONER AND CITY COMMISSIONERS, REQUIRING A REFERENDUM, AND PROVIDING AN EFFECTIVE DATE. It was explained Ordinance 28-92-1 was placed on the agenda to give everyone an opportunity to discuss it and to determine if in fact it is the desire of the Commission to place the question of limiting terms of the Mayor and Commissioners on the ballot for referendum vote. A discussion ensued and it was decided to have the City Attorney amend Ordinance 28-91-1 to reflect the intent of the Commission that the limiting of terms set forth in the ordinance would apply only to those elected subsequent to the referendum vote. It was determined action on the amended ordinance would be scheduled for consideration at the Special City Commission meeting of Monday, August 17, 1992, to allow enough time for the ordinance to appear on the referendum in the upcoming primaries. Ordinance No. 28-91-2 - AN ORDINANCE PROPOSING AN AMENDMENT TO ARTICLE XVI, SECTION 158 OF THE CHARTER OF THE CITY OF ATLANTIC BEACH, TO PROHIBIT A CITY COMMISSIONER FROM BEING APPOINTED CITY ATTORNEY DURING ANY TERM FOR WHICH HE SHALL HAVE BEEN ELECTED OR WITHIN ONE YEAR AFTER THE EXPIRATION OF HIS TERM, REQUIRING A REFERENDUM, AND PROVIDING AN EFFECTIVE DATE. After discussion, it was decided to remove Ordinance No. 28-92-2 from the ballot. Edwards x x Motion: Remove Ordinance No. 28-91-2 from the Tlekcher x aters referendum W Waters x x The City Attorney advised in order to remove the Gulliford x ordinance from the referendum it would be necessary to take official action to repeal the ordinance via public hearing. It was determined to properly do this an ordinance should be drafted to repeal Ordinance No. 28- 91-2 and placed on the agenda of the Special Council meeting of August 17, 1992 for repeal. The question was called and the motion carried unanimously. 7. City Manager Reports and/or Correspondence: The City Manager announced Beaches Habitat would like to sell to the City property which is adjacent to Public Works. The Mayor indicated he would declare a conflict of interest in this matter due to the fact that he is on AB 1211 V V PAGE 9 NAME OF MINUTES, AUGUST 10, 1992 COMMRS. MSYN the Board of Directors of Beaches Habitat. Staff was directed to determine the assessed valuation of the property. Commissioner Waters referred to a letter from Townsend Hawkes concerning a rezoning of property Mr. Hawkes owns and the desire of Mr. Hawkes to build a garage on the property. Commissioner Waters would like Mr. Hawkes to be advised whether he would be permitted to build a garage. George Worley was asked to research the matter and advise the Commission at the next meeting. A discussion ensued concerning action on the part of the D.O.T. to raise the speed limit on Mayport Road. The Police Chief reported he thought this would be dangerous and had addressed his concerns to the proper authority. There being no further business the meeting adjourned at 9:45 a. m. '. William I . Gu 'rd Mayor/Presiding a er ATTES T: Maureen King AB 1212 f' E CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Selva Linkside Phase 2 SUBMITTED BY: George Worley, City Planner DATE: August 5 , 1992 BACKGROUND: Attached is the proposed final plat of Selva Linkside Phase 2 as submitted by Louis MacDonell . This plat has been reviewed by Staff and is substantially in compliance with the ordinances and regulations of the city. However, there are several points that the Commission should be aware of. There is one straight lot and several lots on curves proposed to have less than 50 feet of street frontage. Because of the off-set lot design , there will be very little discretion as to the location of the houses on the lots. This can result in very similar looking houses as well as confusion later on between property owners as to who owns what. One additional point relates to the proposed drainage and maintenance easement to be shared with Selva Marina Country Club. This is important due to the necessity of the detention pond, but is subject to Linkside and the Country Club coming to an agreement later this month. RECOMMENDATION: Staff recommends that careful consideration be given to the above items and that final approval either be deferred until the detention pond issue is resolved or approved contingent upon such resolution being reached in a timely manner. ATTACHMENTS: Proposed Final Plat of Selva Linkside Phase 2 Commission Minutes dated December 14, 1987 Staff Report dated February 10 , 1992 Commission Minutes dated February 10 , 1992 REVIEWED BY CITY MANAGER /7 . AGENDA ITEM NO. j/611411 tcI x//0/5Z CORRECTED -ON 1/11/88 to reflect the correct vote of yes on all votes. MINUTES SUBMITTED IN THE AGENDA PACKET ON 1/8/88 REFLECTED SOME NO VO "S. MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON DECEMBER 14, 1987 AT 7:15PM V V O O T TI E E PRESENT: William S. Howell, Mayor/Presiding Officer D D Robert B. Cook, Sr. Glenn A. Edwards William I. Gulliford, Jr. M S Alan C. Jensen 0 E T C AND: Richard C. Fellows, City Manager I 0 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,offer•d by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the Minutes of the Regular Meeting of November 23, 1987 Motion: Minutes of the regular meeting of November 23, 1987 be Cook x x approved as submitted. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * Howell x Approval of the minutes of the special meeting of December 7, 1987 Cook x Motion: Minutes of the special meeting of December 7,1987 Edwards x x be approved as written. Gulliford x Jensen x x No discussion before the vote. Motion carried unanimously. Howell x j * * * * * * * * * * * is i; * is * 4c is * * 2. Recognition of Visitors Mr. Louis MacDonell appeared before the Commission to request plat approval for Selva Linkside. In response to the City Attorney's question, Mayor Howell said the streets would not be private. Mr. MacDonell pre- sented the engineer's drawing of Phase 1, Selva Linkside, which consis ed of 80 lots. Land that was being deeded to the City was not on the plat It was pointed out there was infringement on the lake up towards the golf course, and Mr. Merritt explained they had a easement from Selva Marin. Country Club to put that lake, onto their property. Motion: Authorize the Mayor and City Clerk to sign the plat for Cook x x record subject to receipt of the proper deeds to Atlantic Edwards x Beach that have been approved by the City Attorney, and Gulliford x x receipt of funds agreed to at a prior meeting in accord- Jensen x ance with Ordinance No.90-87-116 passed 4/13/87. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * is * is * * * a`atAitsn i` CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Conceptual Plat of Selva Linkside Phase II SUBMITTED BY: George Worley, City Planner 67 0251 DATE: February 10, 1992 BACKGROUND: Attached you will find the minutes of the Commission Meeting of December 14 , 1987 at which the Selva Linkside Phase I plat was approved. That plat was not identical to the one presented as "Preliminary" to the Community Development Board and to the City Commission in April of 1987 at the time of the adoption of the PUD. It was presented to the City Commission and approved (under Recognition of Visitors , it was not an agenda item) . In regards to the process taken by the developer and the City to approve this plat, after approval of the PUD, the plat did not go back before the Community Development Board for review prior to action by the Commission . The City Attorney 's opinion regarding the handling of Phase II , is that it should be handled identically to Phase I , therefore, under his opinion, the preliminary and final plats of Phase II need not be reviewed by the Community Development Board. Both the preliminary and final plats DO need the review and approval of City Staff and the City Commission before the plat can be legally recorded. RECOMMENDATION : Staff recommends that the City Commission accept the "Conceptual " plan proposal and advise the developer that he must submit "Preliminary" plans meeting the requirements of Section 24-204(a) ( 1 ) and (2) , and the "Final " plat meeting the requirements of 24-205 of the Code of Ordinances (attached) . It is important to note that the developer does not have plans of sufficient detail for any action by the Commission other than "Conceptual " acceptance . ATTACHMENTS : 1 ) Copy of Commission Meeting of 12/14/87 . 2 ) Copy of Sections 24-204 and 24-205 of the Code of Ordinances , Subdivisions. 3 ) Section 24-126 , Planned nit Deve� •prn;� t. REVIEWED BY CITY MANAGER _,007_,A9 e f _ F: AGENDA ITEM NO. g-/ro/q 2 PACE TWO V V MINUTES NAME OF FEBRUARY 10, 1992 COMMHS. MSYN _next impasse meeting Mayor Gulliford questioned his vote as recorded on this item (Last paragraph, Page 6) . He said he thought he had voted in favor of the motion. The City Clerk agreed to go back and listen to the tape recording and make a correction if necessary. The question was called and the motion carried unanimously, with the City Clerk to report back regarding the vote which had been questioned. (Later review of this matter by the i City Clerk revealed that the Mayor had voted in the affirmative on this item. The correction has been made) . I 2. Recognition of visitors: W.J. Ryszykow, 535 Royal Palms Drive, inquired when pot holes in Royal Palm Drive would be repaired. He was advised to contact the Public Works Director in this regard during business hours. Mark Winfree, 415 Seminole Road, complained of duck weed and algae on the drainage canal running past City Hall. The City Manager reported bids had been invited for ditch cleaning and he hoped this would correct the problem. 3. Resolutions: A. Resolution No. 92-6 j I I I ayor Gulliford presented in full, in.writing, Resolution 92-6, A RESOLUTION RECOGNIZING THE SERVICE OF MATTIE FREEMAN TO THE PEOPLE OF ATLANTIC BEACH THROUGH HER SERVICE ON THE CODE ENFORCEMENT BOARD. Edwards I l x l Fletcher Motion: Approve adoption of Resolution No. 92-6 Tucker Waters x x In discussion before the vote, the Mayor and Commissioners, Gulliford i ix individually, thanked Ms. Freeman for her dedicated service and said she would be missed. The motion carried unanimously. 4. Old Business: A. Final draft of Little League agreement Parks & Recreation Director Blanchard presented drafts of two I 1 proposed agreements, one between the city and the Atlantic Beach Athletic Association, and the other between the city and the Beaches Soccer Association for use of city parks and sporting facilities. Edwards Fletcher i x Motion: Approve both agreements as presented for the 1992 Tucker Ix x season Waters x Gulliford I x I No discussion before the vote. The motion carried unanimously. Discussion and related action relative to reviewing the conceptual plat for Selva Linkside, Phase II �_I a PAGE THREE V V MINUTES NAME OF FEBRUARY 10, 1992 COMMHS. MSYN City Planner, George Worley, said that he and the City Manager had met with the City Attorney regarding the procedure which should be followed in the platting procedure for Phase II of Selva Linkside. It was the recommendation of city staff that the City Commission accept the conceptual plan of Phase II. This would allow the developer to proceed with engineering and architectural plans which would than be presented to city staff for approval, following which the final plat would be presented to the City Commission for approval. Edwards x x Fletcher x Motion: Accept the recommendation of city staff and approve Tucker x x the conceptual plan of Selva Linkside, Phase II Waters x Guiliford x Commissioner Waters noted that John Merritt had made mention of a sidewalk at Eleventh Street and felt that a commitment may have been made by the developer of Phase I to construct a sidewalk on Eleventh Street from the development to Seminole Road. Commissioner Waters also pointed out the plan now before the City Commission included about twelve more lots than were shown in the original drawings. Dan Harris, engineer and planner for Selva Linkside, Phase II, explained that the original plan presented to the city did not include the land which was added in the land exchange with .the City of Atlantic Beach. The additional land made it possible for the eveloper to increase the number of lots. Commissioner Waters also requested that a tree lined buffer zone be included between the development and the city yard and was I advised that landscaping should be shown on the preliminary plat. He also felt strongly that the drainage problems in Phase I should be addressed in Phase II. Commissioner Fletcher questioned the procedure which had been followed in approving the plat for Phase I. He noted that it was approved under "Recognition of visitors." George Worley explained that the PUD ordinance had been approved approximately six months prior to that time and the proper notification and public hearing had been conducted. The question was called and the motion carried on a vote of 3 - 2 with Commissioners Fletcher and Waters voting nay. Peter Fantegrosse, 1132 Linkside Drive, asked who was responsible for enforcing the covenants and restrictions and the City Manager explained the covenants were an agreement between the developer and the property owners and the provision for their enforcement was outlined in Section 29 of the Covenants and Restrictions. - 1 • PAGE FOUR V V MINUTES NAME OF FEBRUARY 10, 1992 COMMHS. MSYN Sob Porter of Centex Homes asked for clarification regarding what had been approved and Mr. Worley explained the lot lay-out and location of the streets had been approved. Commissioner Fletcher expressed some concern about the layout of the lots and cautioned the developer to make sure that the plans for Phase II comply with the requirements of the PUD. Mayor Gulliford inquired whether the density of Phase II was greater than Phase I and Mr. Worley explained that the lot sizes were equal to or larger than those in Phase I. Public Works Director Kosoy asked for agreement with the developer that if the city finds in the review of the storm drainage plans, that a drainage easement or an emergency access to the north was required, the developer would be willing to grant same to the city. Mr. Kosoy was instructed to contact the developer in this regard as soon as possible. C. Discussion and related action relative to the city joining Florida Shore and Beach Preservation Association Building Official Don Ford reported that he had represented the city for two years on the Florida Shore and Beach Preservation Association. He explained it was a non partisan group made up of representatives from various regulatory agencies such as EPA, DNR, orps of Engineers, as well as public and private experts in beach nd shore preservation. He recommended that the city rejoin this association. Robert Weiss agreed with Mr. Ford's comments. He said he planned to attend a meeting later that week in St. Petersburg and would report back to the City Commission. Edwards x x Motion: Approve payment of fee for membership in the Florida Fletcher x Shore and Beach Preservation Association and appoint Tucker x x Robert Weiss as the city's representative Waters x Gulliford x After brief discussion, the question was called and the motion carried unanimously. S. Consent Agenda: A. Adele Grage Community Center monthly report B. Knights of Columbus request approval to hold Tootsie Roll drive for the handicapped the weekend of March 6, 1992 C. Approval for the City Clerk to deviate from the approved 1991/92 budget and purchase HTE occupational license software in lieu of the micro film reader printer which was approved Edwards x x Fletcher x Motion: Approve passage of Consent Agenda Tucker x x Waters x No discussion before the vote . The motion carried unanimously. Gulliford x CITY OF ATLANTIC BEACH REGULAR MEETING OF THE CITY COMMISSION, AUGUST 10, 1992, 7:15 P.M. AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of July 27, 1992 and Special Called Meeting of August 3, 1992 2. Recognition of Visitors: ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COMMISSION AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY. SUPPORTING DOCUMENTATION AND STAFF RECOMMENDATIONS HAVE BEEN PREVIOUSLY SUBMITTED TO THE CITY COMMISSION ON THESE ITEMS. 3. Old Business: A. Presentation of proposed final plat of Selva Linkside, Phase 2 (City Planner George Worley) 4. Consent Agenda: A. Adele Grage Community Center monthly report B. Bid #9192-18 report relative to Sewer Rehabilitation for 6th St. , Howell and Russell Parks C. Proclamation declaring August 17-21 as Water and Pollution Control Operators Week D. Code Enforcement report 5. Resolutions: A. Resolution No. 92-21 to approve Budget Adjustment #BA-22 relative to training area for fire personnel B. Resolution No. 92-23 to approve Budget Adjustment #BA-26 relative to rehabilitation of tennis courts C. Resolution #92-24 relative to Vision Energy and assessing a franchise tax thereto 6. New Business: A. Discussion of Ordinance #28-91-1 limiting the terms of Mayor-Commissioner and City Commissioners and Ordinance #28-91-2 prohibiting a City Commissioner from being appointed City Attorney 7. City Manager Reports and/or Correspondence: 8. Mayor to call on City Commissioners, City Attorney and City Clerk: Adjournment MINUTES OF THE ATLANTIC BEACH CITY COMMISSION BUDGET WORKSHOP HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 6:00 PM ON MONDAY, AUGUST 10, 1992 Present were Mayor Gulliford and Commissioners Edwards, Fletcher, Tucker and Waters. Also present were City Manager Leinbach, Finance Director Wendland and City Clerk King. City Attorney Jensen was absent and was excused. The meeting was called to order by Mayor Gulliford. The Mayor offered Commissioner Waters, who was absent from the previous budget workshop, an opportunity to ask questions or bring up any matters relative to the budgets which had been discussed. Commissioner Waters expressed the opinion there were insufficient workers in Public Works to maintain the level of service the citizens are demanding, particularly with regards to maintenance of drainage ditches. Mayor Gulliford said drainage would be addressed later in discussions regarding stormwater management. Commissioner Waters also commented on the Parks & Recreation budget and indicated he felt the Parks Department needed a full-time coach to run programs for youth. Commissioner Tucker noted that Ms. Blanchard had indicated she would be responsible for janitorial services for the Parks & Recreation buildings so money currently funded for those services could be used to directly benefit the children. Commissioner Tucker felt this was an added burden on the Parks Department and felt Ms. Blanchard should also have the same janitorial services enjoyed by the other city departments. Commissioner Waters also noted that Public Works proposed to move one employee from Public Works to Equipment Maintenance. While he did not object to this particular transfer, he felt Public Works needed at least six general maintenance workers in order to be able to provide a reasonable level of service. Canni_ssioner Waters moved that budget be provided in Public Wbrks for six general maintenance workers. Commissioner Tucker seconded the motion. Following further discussion, the question was called and the motion was defeated on a 1 - 4 vote with Commissioner Waters casting the lone vote in favor of the motion. Mayor Gulliford requested that the City Manager and Finance Director present, as a budgetary option, the consolidation of all water and sewer operations. Special Revenues: Mayor Gulliford inquired into interest earnings on Convention Development Tax and the Finance Director said he would check into how this program was set up but he felt Convention Development Funds were deposited in a pooled cash account and interest would not be calculated separately. Commissioner Fletcher said he felt funding for the Town Center project should also be addressed and he felt this expenditure should come from Convention Development Tax. Discussion ensued regarding whether approval of the line items locked the city into purchasing only those items and Mayor Gulliford said he would prefer that all line items be deleted and the funds expended as deemed appropriate by the City Commission, depending on future needs. Page Two Minutes of City Commission Workshop Meeting August 10, 1992 Mayor Gulliford inquired regarding the rental equipment budgeted under Local Option Gas Tax and the Finance Director explained this was for a Grade-All and a dump truck which would be used in connection with stormwater drainage. The Mayor felt it might be better to purchase this equipment on state contract, possibly through lease/purchase, and since it was determined the dump truck would be used for both streets and drainage, it could be funded partly through gas tax funds and partly from stormwater utility funds. Commissioner Tucker inquired into liability insurance on a dump truck and Kirk Wendland was requested to check into the cost of insurance and report back. Brief discussion ensued regarding the Levy Road paving project and Mr. Kosoy explained the previous engineering in this area had been for a small area of Levy Road, but the proposed project would run from Mayport Road to Main Street. He said he hoped to receive DOT funds to assist with this project and to qualify for those funds, the project would have to run from Mayport Road to Main Street. Following further discussion, the Mayor declared the meeting adjourned at 7:00 PM and scheduled the next budget workshop for 6:00 PM on Monday, August 17, 1992. cA Maur en King City Clerk