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07-08-91 v CITY OF ATLANTIC BEACH REGULAR MEETING MONDAY, JULY 8, 1991 AGENDA Call to Order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of June 24, 1991 2. Recognition of Visitors: 3. Old Business: Report and related action concerning fire lane on Cavalla (George Worley, City Planner) 4. Ordinances: A. First reading and set public hearing of Ordinance #90-91-155 relative to height limitation (City Planner George Worley) 5. Resolutions: A. Resolution #91-20 naming the Community Center Building the Adele Grage Community Center (City Attorney Alan Jensen) 6. New Business: A. Public hearing to comply with requirements regarding collection on Non-Ad Valorem assessments for Section H (Wm. Howell) B. Discussion and related action regarding proposed purchase of land on Frances Avenue (Mr. and Mrs. Longino) C. Public hearing relative to Use by Exception filed by Peter Korous to construct a building to offer marine service D. Mayport Naval Commissary/Exchange complex application for sewer service (Public Works Director Robert Kosoy) E. Action on recommendations of the meeting of the Commission of the Whole of July 1, 1991: 1. Atlantic Beach resident parking sticker 2. Trial road bumps on a section of Beach Avenue 3. Hire consultant to study traffic flow 7. City Manager Reports and/or Correspondence: 8. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Report by City Attorney relative to Beaches Arts Foundation - using bed tax funds monies Adjournment MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY COMMISSION HELD IN CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON MONDAY, JULY 8, V V 1991 O 0 T T PRESENT: William I. Gulliford, Jr. , Mayor E E Robert B. Cook D D Glenn A. Edwards Adelaide R. Tucker John W. Weldon, Commissioners M S O E AND: Kim D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I 0 Y Maureen King, City Clerk NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Gulliford. The invocation, offered by Commissioner Cook, was followed by the pledge to the flag. 1. Approval of the minutes of the regular meeting of June 24, 1991 Cook x x Edwards x Motion: Approve minutes of the regular meeting of June 24, Tucker x 1991 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. 2. Recognition of visitors: Barbara Bonner, 463 Selva Lakes Circle, inquired into the status of the sidewalks/bike lanes project and was advised the bike lanes would be constructed by the contractor who was awarded the Main Street paving project. Both projects would be undertaken simultaneously and would be under way shortly. Agenda Item #6A was taken out of sequence and was taken up at this time. 6A. Public hearing to comply with requirements regarding collection of non ad valorem assessments for Section H Mayor Gulliford explained the public hearing was being held to receive written objection and hear testimony regarding the amount of non ad valorem tax assessments made by the city for water and sewer improvements in Section H. He explained that the cost per front foot for the water and sewer lines had been set at public hearings held in 1986 and 1987. He opened the floor for a public hearing and invited comments from the audience. Richard Rogerson, representing Pan Am Investments, provided documents regarding property lying between West 7th Street and West 8th Street on Mayport Road. He said when the project was completed sewer and water had been tapped in on West 8th Street and Pan Am Investments had paid $8, 190.00 for sewer capacity and $1, 140 for water capacity and he requested relief from the assessment now being made against the 100 feet of the property fronting on West 7th Street. PAGE TWO V V MINUTES NAME OF JULY 8, 1991 COMMRS. MSYN Gerald Moore, represented Frances Moore, owner of lots 1-6, Block 228. He felt assessments should not be made against vacant lots and was advised assessments were made against all lots where new lines had been laid; however, no impact fees would be charged on vacant lots until they were developed. Bud Milner, 1270 Hibiscus Street, complained of a problem with his driveway being washed out and Mr. Kosoy was asked to look into this. He inquired whether any financial relief would be available to senior citizens on fixed incomes. It was felt allowing the property owners to pay the assessments over a twenty year period was possibly the relief which had been referred to. Steve Mabry, 1805 First Street, Neptune Beach, said some years ago he had installed a 6-inch water line on Block 104. He inquired into the status of this line. He was advised the water line had been acceptable and the current owners of Block 104 had been assessed for sewer only. John Roberts, 1388 Lakewood Drive, Fruit Cove, said he had postponed building on his property in Section H because of the moratorium on septic tanks. By doing so, he now found himself in a position where he would have to pay an impact fee for the paving and drainage when he developed the land and asked whether the City Commission would consider granting any relief from this impact fee. No relief was authorized. Rainer Rosarius, 391 Main Street, complained of the poor drainage on Main Street which, he said, has caused flooding and ponds of stagnant water on his property. Several trees on his property had died and he felt the stagnant water and mosquitos were causing a health hazard. Mr. Howell agreed a problem existed in that the property was low and the road drained onto Mr. Rosarius' property. After brief discussion, Mr. Kosoy was directed to look into the matter and if necessary, hire professionals to correct the problem, and report back to the City Commission. Leon Beasley, said he had paid to install a water line some years ago and did not feel he should be charged for a water assessment at this time. It was explained the line was too small to connect and new lines had to be laid. Sharon Kusy, 989 Main Street, said she owned one half of a duplex and wished to confirm that her assessment was for only one half of the property. A check of the assessment roll indicated her assessment was for 37 feet which Ms. Kusy agreed was correct. rammy Stanford, 351 Main Street, said she had had city water for eight years and did not feel she should now have a water assessment. It was explained the water lines were two inches and were too small to connect to the new larger lines. PAGE THREE V V MINUTES NAME OF JULY 8, 1991 COMMRS. MSYN Linda Fain, said she had had city water in her residence at 1276 Main Street, and objected to the water portion of the assessment. It was explained the existing lines had been inadequate and could not be connected to the new installations. After all comments had been heard the City Manager was directed to review the problems which needed further attention and present his recommendations for resolution of same to the City Commission at the next meeting. Mayor Gulliford said he hoped the Section H residents would keep the city informed of any problems which may exist or arise after the project has been completed. 3. Old Business: Report and related action concerning fire lane on Cavalla Road Community Development Director George Worley said he had researched the question of ownership and easements on the property behind the Cavalla Road apartments as directed at the previous meeting. He reported that the property at the rear of the units was owned by the individual unit owners and no easement existed at the rear of the buildings. The Building, Zoning and Fire Departments had determined that a designated Fire Lane must be available to ensure the safety and welfare of the residents of these buildings and notification of this requirement would be sent to the property owners. Discussion ensued regarding enforcement of regulations to keep the fire lane open and it was determined this would be the responsibility of the Police Department. After further discussion, Mr. Worley was directed to proceed to notify the property owners of the need for the fire lane as had been recommended by city staff. 4. Ordinances: A. Ordinance No. 90-91-155 - First Reading Mayor Gulliford introduced in full, in writing, on first reading, Ordinance No. 90-91-155: AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 24, ZONING AND SUBDIVISION REGULATIONS; AMENDING ARTICLE II, SECTION 24-17, DEFINITIONS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE Cook x Edwards x x Motion: Approve passage of Ordinance No. 90-91-155 on first Tucker x reading and set for public hearing on July 22, 1991 Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. PAGE FOUR V V MINUTES NAME OF JULY 8, 1991 COMMRS. M S Y N 5. Resolutions: Resolution No. 91-20 Mayor Gulliford presented in full, in writing, Resolution No. 92-20: A RESOLUTION OF THE CITY OF ATLANTIC BEACH DESIGNATING THE OLD CITY HALL AT 716 OCEAN BOULEVARD AS THE "ADELE GRAGE COMMUNITY CENTER"; SETTING AN INITIAL SCHEDULE OF FEES FOR THE USE THEREOF; AND PROVIDING AN EFFECTIVE DATE. Cook x x Edwards x Motion: Approve passage of Resolution No. 91-20 Tucker x x Weldon x In discussion before the vote, Mayor Gulliford requested a Gulliford x resolution identifying the contributions of Ms. Grage be prepared, one copy of which would be presented to the Grage family with a similar copy to be displayed in the Adele Grage Community Center. The question was called and the motioncarried unanimously. 6. New Business: A. Public hearing to comply with requirements regarding collection of non-ad valorem assessments for Section H This item had been taken up earlier in the evening. B. Discussion and related action regarding proposed purchase of land on Francis Avenue Mr. Longino, realtor representing the owner of Lot 2, Ed Smith Subdivision, on Francis Street, asked whether the city might be interested in purchasing this property since it was adjacent to property the city already owned. Mr. Longino was asked to present a written proposal to the City Manager who would then forward his recommendations to the City Commission. C. Public hearing relative to use by exception filed by Peter Rorous to construct a building to offer marine service. Community Development Director George Worley reported the request for a use by exception to operate a small boat repair business in a building to be constructed at 1985 Mayport Road had been discussed at a recent meeting of the Community Development Board. The board had recommended approval, with the following conditions: 1. The use by exception be granted directly to Mr. Korous and not to the property; 2. The hours of operation during which noise would be permitted would be limited to 8:00 AM to 6:00 PM, Monday through Saturday; 3. No more than eight boats be allowed on the property at any time; 4. There be no outside storage of junk or engine parts; PAGE FIVE V V MINUTES NAME OF JULY 8, 1991 COMMRS. M S Y N 5. No individual boat could remain on the premises for more than thirty days. Mayor Gulliford opened the floor for a public hearing and invited comments from the audience. Since no one spoke for or against the use by exception the Mayor declared the public hearing closed. Cook x x Edwards x Motion: Grant use by exception subject to the conditions set Tucker x forth by the Community Development Board Weldon x x Gulliford x After brief discussion, the question was called and the motion carried unanimously. D. Mayport Naval Commissary/Exchange complex application for sewer service Public Services Director Bob Kosoy reported the Navy had requested sewer capacity for the commissary and exchange complex under construction at Assisi Lane and Mayport Road. He said the pre construction conference had been held that day on the Sea Gardens lift station and work on the project would commence in one week. Finance Director Harry Royal reported that when the city purchased the Buccaneer Service Company a contract to provide sewer service to the Navy off-base housing had been assumed. This agreement provided service at a fixed rate of $6,859.26 per month with no charge for volume used. Demand for sewer service in the area had greatly increased over the years and Mr. Royal felt an agreement which would be fair to both parties should be renegotiated. After further discussion of the matter Mayor Gulliford appointed a committee consisting of Commissioner Weldon, City Manager Leinbach, and Finance Director Royal to meet with Navy officials to negotiate a master contract for water and sewer services to all naval facilities in the area. Alan Potter outlined the history of the agreement with the Navy and said in his opinion the agreement had been one-sided in favor of the Navy. E. Action on recommendations of the meeting of the committee of the whole on July 1, 1991 1. Atlantic Beach resident parking decals 2. Rumble strips on a section of Beach Avenue on a trial basis 3. Hire consultant to study traffic flow Cook x Motion: Approve recommendations of the committee of the Edwards x x whole Tucker x Weldon x x Discussion then ensued regarding the procedure to be followed to Gulliford x • PAGE SIX V V MINUTES NAME OF JULY 8, 1991 COMMRS. MSYN hire the consultant to undertake the traffic flow study following which Commissioner Cook offered a substitute motion: Cook x x Substitute Motion: Accept the recommendations of the Edwards x committee of the whole, with the exception of No. 3 Tucker x x (consultant for traffic study) Weldon x Gulliford x In further discussion Mayor Gulliford said traffic and parking problems arose each summer and he felt an independent study might provide some alternatives to the present situation. Commissioner Cook recalled an agreement which had been made some years ago between the city and the Corps of Engineers wherein the city would provide certain beach parking in return for the renourishment of the beach by the Corps of Engineers, and the City Clerk was asked to locate this agreement if possible. After further discussion, the question was called, and on roll-call vote, the substitute motion was defeated on a 2 - 3 vote with Mayor Gulliford and Commissioners Edwards and Weldon opposing the motion. The question was then called on the original motion and on roll- call vote the motion carried by a vote of 3 - 2 with Commissioners Cook and Tucker opposing the motion. 7. City manager reports and/or correspondence Mr. Leinbach said he had spoken with the Neptune Beach City Manager regarding scheduling a meeting between the elected officials of the two cities. A meeting had been tentatively scheduled for Thursday, August 1, 1991, but Commissioner Weldon requested that it be scheduled for later in the month. The City Manager said he would advise the City Commission when the meeting had been rescheduled. The City Manager reported that a meeting had been scheduled with ACTECH to negotiate a contract for the community center in Donner Park. Chief Thompson said he and the Purchasing Agent had further investigated the possibility of purchasing pagers. He said if the pagers were purchased the city would then have to provide for insurance and maintenance and it was their recommendation the city proceed to lease of the pagers. After further discussion regarding the pros and cons of purchasing as opposed to leasing, it was agreed to direct the Purchasing Agent to prepare specifications and invite bids. 8. Mayor to call on City Commissioners, City Attorney and City Clerk The City Attorney confirmed that each of the Commissioners had received a copy of his written opinion stating that Convention PAGE SEVEN V V MINUTES NAME OF JULY 8, 1991 COMMRS. MSYN Development Tax funds could not be used for the purpose requested by the Beaches Arts Foundation. Mayor Gulliford suggested the question of providing funds for donations to deserving organizations could be placed on the October ballot as a referendum. He encouraged the Commissioners to consider any other questions which might also be included on that ballot. Mayor Gulliford reported that recent donations from local businesses, City Commissioners and other individuals for the Atlantic Beach Athletic Association had amounted to over $1,000. There being no further business to come befo - the City Commission the Mayor declared the meeting adjourned - 9:20 P' Ak.JAI A A lei Al III William I. Gullifoid,i Mayor/Presiding Oifitili ATTES T: Maureen King, Cit Clerk