01-21-97 v MINUTES OF THE PUBLIC HEARING ON PROPOSED BEACH AVENUE SEWER
ASSESSMENTS, HELD CITY HALL, 800 SEMINOLE ROAD, AT 7:15 PM ON TUESDAY,
JANUARY 21, 1997, IN ACCORDANCE WITH FLORIDA STATUTES, CHAPTER 170
Present: Lyman T. Fletcher, Mayor
John S. Meserve, City Commissioner
Tim Reed, City Commissioner
Steve M. Rosenbloom, City Commissioner
Also: Alan C. Jensen, City Attorney
James R. Jarboe, City Manager
Robert S. Kosoy, Public Works Dir.
Jim Jacques, Asst. Public Works Dir.
Maureen King, City Clerk
Absent: Suzanne Shaughnessy, City Commissioner (Excused)
The meeting was called to order by Mayor Fletcher. The Mayor then opened the floor for a public
hearing and invited comments from those present.
Charlotte Minter, owner of Lots 8 and 9, Ocean Grove Unit 1, explained that her property was
located on the corner of Beach Avenue and Dewees Avenue with lot 8 facing Beach Avenue and lot
9 facing Dewees. Since her street address was listed as Beach Avenue, she felt she should only be
assessed on the front footage on Beach Avenue.
Jim Jacques explained that the assessments were based on the shortest front footage of each lot,
therefore, the assessment for both lots was based on the front footage on Dewees Avenue.
John Baillie, 1923 Beach Avenue, inquired whether assessments were based on the actual cost of
the project. Mr. Baillie was advised that the current figures were preliminary and would be adjusted
based on the final cost of the project. The final assessment roll would be adopted by ordinance, at
which time another public hearing would be held.
Robert Parrish inquired whether the city had, historically, assessed property owners for similar
improvements, and whether previous assessments had been based on front footage. Mr. Parrish also
indicated that he owned a sub-standard lot on the west side of Beach Avenue and since he did not
intend to build on this property, he felt that an assessment should not be levied against that property.
William Sheppard, 215 Washington Street, Jacksonville, felt the method used by the city to
compute the assessments was flawed. He felt that since all properties were residential it was unfair
to assess property owners more or less based on the number of front feet. If one property was pie-
shaped with a short front footage the assessment would be much less than a similar property whose
longest side was on the street. He felt the cost should be equally distributed among the lots and
Page Two
Public Hearing on Beach Avenue Assessments
January 21, 1997
suggested the possibility of assessing by the square footage of the property rather than front footage.
He suggested the city rethink the process.
Alan Potter, 374 Second Street, reported the city had levied assessments against property owners
in the core city area in 1958 for water and sewer lines and assessments were computed based on front
footage. He felt this was the only fair way and the method recognized by the Public Service
Commission.
Bob Hunter, a resident of Coquina Street, felt that a method based on usage would be preferable
to the front foot basis. Alternatively, assessments could be determined by dividing the cost equally
by the number of residential units.
Elliot Zisser inquired when Beach Avenue would be paved and was advised that the water line and
storm drainage work would have to be completed before work would be started on the paving.
Jim Stranahan inquired whether lines currently running across the street to a septic tank would be
protected and was advised that existing lines would be protected as much as possible. The location
of the sewer stub-outs was discussed and the City Manager requested city staff to work with the
property owners regarding where they would like stub-outs to be located.
Mary Grandy, owner of a lot on Beachside, indicated she had been assessed for a lot which was
unbuildable. She also indicated she had an assessment for a walkway and asked that her assessment
be reviewed. Jim Jacques indicated that Ms. Grandy's property fronted on both Beachside Court and
Beach Avenue. Since sewer was available from Beachside Court, this lot had been deleted from the
assessment roll.
Bonnie Morgan, indicated that her property described as Beachside Replat Lot 1, RE #169542-
0705, already has provisions. Ms. Morgan presented a letter and survey of the property, indicating
the location of the utility easement. She requested that the city look into this matter to see whether
there should be an assessment on this property. A copy of Ms. Morgan's letter and easement is
attached hereto as Exhibit A.
Susan Grube, 127 Beach Avenue, felt that speeding would increase on Beach Avenue after it is
paved, and requested that speed bumps be installed.
Jack Heaney, 2030 Beach Avenue, inquired regarding the stormwater improvements and Jim
Jacques pointed out where the stormwater pipes would be located.
Don Clark, 1950 Beach Avenue, inquired who would be responsible for restoring landscaping and
driveways after the construction was completed and was advised the area would be restored by the
contractor.
Page Three
Public Hearing on Beach Avenue Assessments
January 21, 1997
Since no one wished to speak further, the Mayor declared the public hearing closed. He requested
that staff look further into the matter of sub-standard lots and those lots where homeowners indicated
service may already be available. He also noted that if any assessments were deleted from the
assessment roll, the cost would be spread among the other properties. However, he felt decisions
should be made so the city can move ahead with the assessment process.
The City Attorney suggested that the City Commission make a decision regarding how the
assessments should be computed. He noted that there had been a lot of discussion regarding the
method used by city staff to compute the assessments and pointed out that the Florida Statutes
specifically provides for the assessments to be done by front footage or any other method the City
Commission may determine to be fair and equitable. However, he felt that the front footage method
was the method most commonly used throughout the state, and the method which had been used by
the city in previous assessments.
Discussion also ensued regarding sub-standard lots (which were referred to throughout the meeting
as"unbuildable lots"). The City Manager indicated that since variances had been granted in the past,
city staff had assumed that the lots could be built on if they were large enough and variances were
granted and therefore, these lots had been included in the assessment roll.
Commissioner Meserve felt that no system would guarantee absolute fairness and that the system
which had been used by city staff to compute assessments, was as reasonably fair as any system could
be. With reference to the sub-standard lots, he felt the city could not declare lots"unbuildable."
At this time,Don Wolfson, entered the meeting and the Mayor afforded him the opportunity to speak.
(Mr. Wolfson is chairman of the Community Development Board and had attended a meeting of that
board in City Hall Conference Room). Mr. Wolfson indicated that when he bought his property, the
sub-standard lots across the street were used for parking. He questioned whether sub-standard lots
should be assessed since under current city zoning,these lots could not be built upon unless variances
were granted. He felt if assessments were levied, it would be difficult for the Community
Development Board to deny variances in the future.
Alan Potter suggested the possibility of the city paying the amount of the assessments on the sub-
standard lots and requiring property owners to compensate the city if a building permit was issued
in the future for construction on this property. The City Manager, however, felt that since the
assessments were based on the actual cost of the project the city could not come back at some time
in the future and levy additional assessments.
Following further discussion, the Mayor moved to proceed with the assessments and reconfirm
using front footage as the method of calculating assessments and direct staff to explore the
"non-developable" lots issue for some solution to that, provided it does not increase the cost
Page Four
Public Hearing on Beach Avenue Assessments
January 21, 1997
of the assessments of others; also direct staff to look at irregular lots - concave/convex - to see
if there is any inequity, in their judgement, in the overall cost to those lots. The motion was
seconded by Commissioner Reed.
In further discussion, it was indicated that the intent of the motion was for staff to come back with
additional information and schedule a workshop so that each problem could be discussed and resolved
on a case by case basis. Commissioner Reed indicated that from a brief review of the maps provided,
he could not find any lots which had an extremely short front footage.
The City Attorney pointed out the only decision which would be made based on the motion was to
move ahead with the assessments and to use the front footage as the basis for computing the amount
of each assessment.
Following further discussion, it was the consensus of the City Commission that a workshop meeting
should be held to review the additional information when ready. The question was called and the
motion carried unanimously.
There being no further discussion, the Mayor declared the meeting adjourned at 9:45 PM.
Lyman T. Fletcher
Mayor/Presiding Officer
ATTEST:
Mau en King c/. --t-C-d
City Clerk
El
- E)01113iTA ��1 q
William Morgan Architects
Architecture & Planning • 220 East Forsyth Street • Jacksonville, Florida 32202-3359 • Telephone 904/356-4195 • Fax 904/356-2808
January 21, 1997
The Honorable Mayor Lyman Fletcher
City Commissioners
Atlantic Beach City Hall
800 Seminole Road
Atlantic Beach, FL 32233
Re: Assessments for a sewer line on Beach Avenue
Dear Honorable Mayor and Commissioners:
In reference to the 17 January 1996 letter regarding Beachside Replat Lot 1
#169542-0705 assessment for sewer utilities, please be advised that this property
already has provisions for all utilities as provided by Beachside Development.
Please find a survey describing the property with the utility easement and the
Replat signed by Mayor Howell and the officials of the City of Atlantic Beach 5 April
1988.
Yours very truly,
Bernice E. Morgan
encl: as noted
41329
/
•
MAP SHOWING SURVEY OF
LOT 3
RfACl/S/DF RFPLAT
Recorded in Plat Book 44 Page. _id ....._..o/__ateJ.ta/ Public Records o1 Duval Co.,Fla.
1or:..fi1I1M.E8...__1i!U.MPLIRLE.S.
LEGEND
Denotes Iron R. L. CROASDELL & COMPANY NOT INC.
Denote.Ten. CIVIL ENGINEERING & SURVEYING Dale..EEB.,..2.,.1989..
P.R.M. Deno..Permanent
Refer..M«wnnnt 429 East Adams Street . Jacksonville, Fla. Scale 1"=..20...............
ERTIFICATION:
This survey meets the minimum technical standards for a boundary survey as set forth by the
Florida Board of Land Surveyors, pursuant to Section 472.027, Florida Statutes and 1
further certify that the property shown hereon is within Zone C as delineated on the U. S.
Department of Housing and Urban Development Boundary Map No. 120077, Panel 0245, effective
December 15, 1983.
SIGNED: 4,0Z, .Ev �QI'G- .,
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LOTS 17 AND 18, BEACHSIDE AS RECORDED IN PLAT BOOK 42, PA(
PUBLIC RECORDS OF DUVAL COUNTY, FLORIDA, AND A PORTION OF
DEED BOOK 1237, PAGE 315 OF THE CURRENT PUBL:
CAPTION
LOTS 17 AND 18. BEACHSIDE. AS RECORDED IN PLAT BOOK 42, PAGES 14. 14A, 148 AND 14C
OF THE CURRENT PUBLIC RECORDS OF DUVAL COUNTY. FLORIDA. AND A PORTION OF THOSE LANDS DESC
AND RECORDED IN DEED BOOK 1237, PAGE 315 OF THE CURRENT PUBLIC RECORDS OF SAID COUNTY. BE1Nt;
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWESTERLY CORNER OR LOT 18. BEACHSIDE; THENCE EASTERLY ALONG THE NORTHERLY
LINE OF SAID LOT 18, BEACHSIDE, NORTH 89' 29' 00' EAST, 79.91 FEET: THENCE NORTH 88' 17' 31'
EAST. ALONG THE NORTHERLY LINE OF SAID LOT 18. BEACHSIDE. 49.96 FEET TO THE NORTHWEST CORNER OF
SAID LANDS DESCRIBED AND RECORDED IN DEED BOOK 1237, PAGE 315; THENCE NORTH 89' 29' 00' EAST.
ALONG THE NORTHERLY LINE OF SAID LANDS DESCRIBED AND RECORDED IN DEED BOOK 1237. PAGE 315.
NORTH B9' 29' 00' EAST 50.00 FEET TO THE NORTHEASTERLY CORNER THEREOF SAID POINT LYING ON THE
WESTERLY RIGHT-OF-WAY LINE OF BEACH AVENUE. AS SHOWN ON SAID PLAT OF BEACHSIDE: THENCE SOUTH
03' 19' 00' EAST, ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID BEACH AVENUE. 121.84 FEET TO
AN INTERSECTION WITH THE EASTERLY PROJECTION OF THE SOUTHERLY LINE OF LOT 17. AS SHOWN ON THE
PLAT OF SAID BEACHSIDE: THENCE SOUTH 89' 29' 00' WEST. ALONG THE EASTERLY PROJECTION AND THE
SOUTHERLY LINE OF SAID LOT 17. 170.79 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY
LINE OF BEACHSIDE COURT, AS SHOWN ON THE PLAT OF SAID BEACHSIDE, SAID POINT LYING IN A
CURVE SAID CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 718.00 FEET: THENCE NORTH-
WESTERLY ALONG THE EASTERLY RIGHT-OF-WAY LINE AND ALONG AND AROUND THE ARC OF SAID CURVE AN
ARC DISTANCE OF 121.73 FEET TO THE POINT OF BEGINNING, SAID ARC BEING SUBTENDED BY A CHORD
BEARING AND DISTANCE OF NORTH 07' 36' 48 ' WEST. 121.59 FEET.
ADOPTION AND DEDICATION
THIS IS TO CERTIFY THAT HOMER H.HUMPHRIES,JR., WILLIAM N. MORGAN AND BERNICE E. MORGAN ARE THE
LAWFUL OWNERS OF THE LANDS DESCRIBED IN THE CAPTION HEREON KNOWN AS BEACHSIDE REPLAT, HAVING
CAUSED THE SAME TO BE SURVEYED AND SUBDIVIDED. THIS PLAT BEING MADE IN ACCORDANCE WITH SAID
SURVEY IS HEREBY ADOPTED AS A TRUE AND CORRECT PLAT OF THOSE LANDS.
IN WITNESS WHEREOF, HOMER H.HuMPHRE},JR , WILLIAM- N. f�ORGAN ANO BERNICE E. MORGAN HAS CAUSED
THESE PRESENTS TO BE SIGNED THIS 14. DAY OF( ' A.D.. 19 TY .
C • WITNE
' ..k ti-7-.--_____- -WITNESS HOMER H. HUMPHRIES„JR,
WITNESS WI SS W 'M,, MORGAN
4 e.„V.,;, / ._-_ --- --,__,. tea, . AWITNESSBERNICE E. MORD N
STATE OF FLORIDA, COUNTY OF DUVAL
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS G'C'L_DAY OF A.D., 19 255. .
BY HOMER H.HUMPHRIES,JR., WILLIAM N. MORGAN AND BERNICE E. MORGAN.
- NOTARY PUBLIC, STATE 0 LORIDA AT LARGE MY COMMISSION EXPIRES: 7- 4/-9
” ES. T
COMMISSIONERS APPROVAL
THIS IS TO CERTIFY THAT THE ABOVE PLAT HAS BEEN EXAMINED, ACCEPTED AND APPROVED BY THE CITY
COMMISSION OF THE CITY OF ATLANTIC BEACH. FLORIDA THIS J/�' DAY OF(i ta4,P A.D.. 1988 .
A./�#=- QIP. _
AYS' OMMISSIS.ER CLERK
CLERK 'S CERTIFICATE O g- 34492, 3
THIS IS TO CERTIFY THAT THIS PLAT HAS BEEN APPROVED BY THE CITY COMMISSION OF THE CITY OFT,
PAGESATLANTIC 1 7 BEACH.OF THEORIDA PUBLICND RECORDST OFDDUVVME ALL CODR UNTY, FLORIDA,AND
HISS J-".DAAYD OFNPLAT/1 ABDOK 19 42
. _ ..e /%, Q/V
S. MORGAN SL GHTER / / DEPUTY CLERK
AT PLAT BOOK TT PAGE / 2
•
4, 144, 146 AND 14C OF THE CURRENT 777 x Es YET i T/ E
Z LANDS DESCRIBED AND RECORDED IN
^nm7S OF SAID COUNTY. SHEET OF SHEETS
..„.._-iE____ 40 30 20 10 0 40 B0 120
SCALE IN FEET
EACH AVENUE-
dC)
(„' CC1w)
alw S 03'19'00'E 121.84
61.76 60.06 NOTES:
w 1.) • DENOTES PERMANENT REFERENCE MONI
00 70 0 �Z,,� oma . 3(F 2.) 0 DENOTES IRON PIPE
0 3.) C. DENOTES TABULATED CURVE DATA
N o 4.) BEARINGS BASED ON THE PLAT OF BEACHSIDI
m w Z o AS RECORDED IN PLAT BOOK 42. PAGES 14,
m o. 14A, 146 AND 14C OF THE CURRENT PUBLIC
z 1 0 6 0
RECORDS OF DUVAL COUNTY. FLORIDA.
zO T ro. .,� N r 6m 6.) CERTAIN EASEMENTS ARE FOR THE EXCLUSIVE
U1 F rn 6 USE OF THE JACKSONVILLE ELECTRIC AUTHOF
I• j m m IN CONJUNCTION WITH ITS UNDERGROUND
m IW z a ELECTRIC DISTRIBUTION SYSTEM.
m 7.) NOTICE:THERE MAY BE ADDITIONAL RESTRIC
M'
I f oo THAT ARE NOT RECORDED ON THIS PLAT Th
m �t BE FOUND IN THE PUBLIC RECORDS OF
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ASSOCIATION CERTIFICATE
THIS IS TO CERTIFY THAT THE ABOVE PLAT HAS BEEN REVIEWED BY THE BEACHSIDE AT SEMINOLE BEACH
OWNERS ASSOCIATION. INC., AND THAT IT HAS AGREED TO OPERATE AND MANAGE THE LAND DESCRIBED
HEREON AS A PART OF THE PROPERTY SUBJECT TO THE BEACHSIDE COVENANTS AND RESTRICTIONS AS
RECORDED IN OFFICIAL RECORDS VOLUME 6165. PAGE 90 OF THE CURRENT PUBLIC RECORDS OF DUVAL
COUNTY, AS AMENDEQ.BY FIRST AMEN.RENT TO THE COVENANTS AND RESTRICTIONS RECORDED IN OFFICIAL
RECORDED VOLUME4.'J`70, PAGE21.20-tr THE CURRENT USLIC RECORDS OF DUVAL COUNTY. ACCEPTED BY
THE PR�,SIDENT AND THE SECRETARY OF THE BEACH DE AT SEMINOLE BEACH OWNERS ASSOCIATION, INC.,
THIS DAY OF i` A.D., 19
I
.1 , //iLe.-e_41
'tAi
LIBRUCE HURST CTOI ,f- r ..'.Z___
L. M. YE E�
PRESIDENT SECRETARY
STATE OF FLORIDA, COUNTY OF DUVAL
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 5 DAY OF _A,0., 19
BY L. BRUCE HURST AND VICTORIA M. YEE, PRESIDENT AND SECRETARY, RESPECTIVELY,OF THE
BEACHSIDE AT SEMINOLE BEACH OWNERS ASSOCIATION, INC.
NOTARY PU LIC OF FLORIDA AT LARGE MY COMMISSION EXPIRESyY
SURVEYOR'S CERTIFICATE
THIS IS TO CERTIFY THAT THE ABOVE PLAT IS A CORRECT REPRESENTATION OF THE LANDS SURVEYED,
PLATTED AND DESCRIBED IN THE CAPTION. THAT THE SURVEY WAS MADE UNDER THE UNDERSIGNED'S
RESPONSIBLE DIRECTION AND SUPERVISION, THAT THE SURVEY DATA COMPLIES WITH ALL OF THE
REQUIREMENTS OF THE FLORIDA STATUTE 177, THAT THE SURVEY AND LEGAL DESCRIPTION ARE ACCURATE
AND THAT THE PERMANENT REFERENCE MONUMENTS HAVE BEEN PLACED AND PERMANENT CONTROL POINTS
WILL BE PLACED ACCORDING TO THE LAWS OF THE STATE OF FLORIDA AND THE CITY OF JACKSONVILLE,
FLORIDA. // p
SIGNED AND SEALED THIS :2.'77. DAY OF J/ xA,O., 19
•
) /../.../ /72m {. At .... -.
M. MONROE HAZEN, JR. PREPARED BY:
REGISTERED LAND SURVEYOR NO. 3`J98, FLORIDA. SUNSHINE STATE SURVEYORS,
3131 ST. JOHNS BLUFF ROAC