Loading...
07-09-84 v AGENDA CITY OF ATLANTIC BEACH July 9, 1984 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of June 25, 1984 Approval of the Minutes of Special Called Meeting of July 3, 1984 2. Recognition of Visitors 3. Correspondence A. Letter from Gerard Vermey and Dan Crisp re Interpretation of CG "Use by Exception" for Apartments 4. Advisory Planning Board 5. City Manager's Report A. Item #1 - Proposed 1984-85 Operating and Capital Improvements Budget B. Item #2 - Street Lights - Selva Marina Drive North of Saturiba C. Item #3 - Construction Activity at 175-193 Beach Avenue - Oral Report from City Attorney and City Manager D. Item #4 - Fire Department Monthly Report E. Item #5 - Police Department Monthly Report F. Item #6 - Drainage Outfall for Cardinal Industries 6. New Business 7. Unfinished Business A. Appointment to CATV Board 8. Report of Committees 9. Action on Resolutions A. Resolution No. 84-10 - Authorizing Application for a Sovereignty Submerged Land Easement in the St. Johns River 10. Action on Ordinances 11. Miscellaneous Business 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY V V COMMISSION HELD AT THE CITY HALL ON JULY 9, 1984 AT 7:15 P.M. 0 0 T T PRESENT: William S. Howell, Mayor-Commissioner E E William I. Gulliford, Jr. D D John W. Morris, Jr. Catherine G. Van Ness, Commissioners M S AND: A. William Moss, City Manager 0 E Claude L. Mullis, City Attorney T C Adelaide R. Tucker, City Clerk I 0 Y NAME OF O N E N ABSENT: Robert B. Cook, Sr. , Commissioner COMMRS . N D S 0 The meeting was called to order by Mayor Howell. The invocation, offered by Commissioner Van Ness, was followed by the pledge to the flag. Approval of the Minutes of the Regular Commission Meeting of June 25, 1984 Motion: Approve the minutes of the regular Commission meeting of June Gulliford x x 25, 1984 as presented. Morris x Van Ness x x The motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Approval of the Minutes of the Special Called Meeting of July 3, 1984 Motion: Approve the minutes of the special called meeting of July 3, Gulliford x x 1984 as presented. Morris x Van Ness x x The motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Recognition of Visitors The Chair recognized Mr. Bill Hayes, 275 Sailfish Drive. Mr. Hayes complained about the fish odor and flies in back of the fish market located at 79 Sailfish Dr. in Sailfish Plaza and asked the Commission what could be done about the problem. Mayor Howell said the problem would be investigated, and thanked Mr. Hayes for coming to the meeting. Correspondence A. Letter from Gerard Vermey and Dan Crisp re Interpretation of CG "Use by Exception" for Apartments Mr. Dan Crisp asked the Commission if a "Use by exception" could be grantec to allow townhouses to be built on the property where the Le Chateau restaurant is located at Beach and 7th. Current zoning is Commercial General. The City Manager stated that Ordinance 90-83-80,an amendment to the zoning code, provides for approval of apartment complexes in commercial zoning as a "Use by Exception".Mr. Moss noted this was the method used by Cardinal Industries some months ago. He added if you interpret townhouses as apart- ment complexes you would go through the "Use by exception" procedure, and . if you interpret townhouses as other than apartment complexes you would go through the rezoning procedure. PAGE TWO V V MINUTES Names of JULY 9, 1984 Commrs. MS Y N Correspondence - continued The City Attorney expressed the opinion that Developer Dan Crisp's request was for an interpretation for advice as to whether townhouses are considered apartments. He stated this would require substantial research before rendering an opinion. A lengthy discussion followed on the differences between townhouses, apartments and condo- miniums. The City Attorney suggested the developer furnish some instru- ment to the Commission telling them what he plans to do, such as the the construction of 11 townhouses with a common area for a swimming pool and other amenities. Following discussion, Commissioner Gulliford suggested Mr. Crisp apply for rezoning since they plan to sell the town- houses. Mayor Howell agreed that rezoning would be the best way to go and suggested Mr. Crisp get with the City Manager to work out a time frame on the procedures for the project. Advisory Planning Board - no report City Manager's Report A. Item #1 - Proposed 1984 Operating and Capital Improvements Budget she decision was made to meet as a Committee of the Whole to discuss the new budget. The meeting was scheduled for Monday, July 16, 1984 at 7:15 p.m. B. Item #2- Street lights - Selva Marina Drive North of Saturiba The City Manager reported that JEA has offered a quotation of $2,161.30 to provide five street lights on Selva Marina Drive. They also asked that the city remove some underbrush along the public right-of-way as JEA will be required to lay additional underground wiring. Mr. Moss recommended that the City authorize JEA to install the street lights. He said that amount is not budgeted, but there are funds in the general fund that can be transferred to the appropriate account. Motion: Authorize JEA to install five street lights on Selva Marina Gulliford x Drive for the amount of $2,161.30. Morris x x Van Ness x x The motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Item #3 - Construction Activity at 175-193 Beach Avenue-Oral Report From City Attorney and City Manager The City Manager reported that construction activity is going on at 175- 177 Beach Avenue, which is the southernmost portion of the building on the property. They have enclosed the carport, installed the walls on the north and south side of the carport, installed a sliding glass door on the south side of the carport. Mr. Moss explained that he referred to PAGE THREE V V I MINUTES Names of JULY 9, 1984 Commr s. M S Y N City Manager's Report - continued - Item #3 the word carport because the plans the city has on file that were approved in 1977 for a duplex show that as a carport. The garage door has since been removed and exterior siding has been put on in its place within the past week or so. There are three addresses indicated on that building: 193, 195, and 197. The City issued in May a plumbing permit to Carl's Plumbing for plumbing work at 193 Beach Avenue. The plumbing work, has in fact, been done at this other building which is at 177 Beach Avenue. The plumbing indicates a likelihood of a washroom and a restroom.There are no toilet stools or sinks installed as of this time. No building permit was found that has been issued for that work and a building permit is required to construct, enlarge, alter, repair, move, demolish or change the occupancy of the building construction. The City Attorney reported that he and Mr. Moss had inspected the pro- perty on this date,and as Mr. Moss pointed out, the activity that has gone on would clearly require that a building permit be obtained from the City of Atlantic Beach. None has been obtained. The City Attorney and City Manager concluded that they should be instructed to submit plans and specifications and obtain a building permit from the city n what they are doing if such is permitted by law. The Chair recognized Mr. Baron Bartlett, representing Mr. & Mrs. Then, 175-193 Beach Avenue. Mr. Bartlett stated that they had concluded, after inspecting the site, that miscellaneous construction had been done and further concluded that the proper procedures should have been followed and were not followed. Mr. Bartlett further advised of two areas of very strong concerns the Commission needed to look at. First was the treatment of that particular unit as being a laundry room or carport. He reminded the Commission as early as 1977 this particular project was approved as PUD, amended several times, and as early as January 24, 1984, Mr. Moss's comments on record were that particular building was a nonconforming use and there are 11 units on 18,00 square feet. The area can handle a zoning of 13 units per acre. Mr. Bartlett added that the problem he now had was whether in fact the area is a residen- tial unit or garage or whether in fact it is a laundry room. He expressed the opinion that the Commission and its attorney would be well advised to review the records in regards to that particular unit. Secondly, Mr. Bartlett reminded the Commission respectfully that unfortunately they are engaged in litigation involving some other improvements previously passed by the Board of Adjustment. Mr. Bartlett respectfully suggested that the Commission refrain from making comments concerning the issues. For the record, Mr. Bartlett asked the City Attorney for an opinion as to the comments that have been made if they could be prejudicial to the city's case. Mr. Mullis replied that would have to be determined by the Court. He added that he would not suggest to the Commission that they not make comments.That was their prerogative. Mr. Bartlett stated that all construction had ceased and his client will follow the proper procedures. Mayor Howell stated the matter PAGE FOUR V V MINUTES Names o f JULY 9, 1984 Commr s. M S Y N City Manager's Report - continued would be passed on to the next meeting. When the Thens have submitted the necessary plans and made application for a building permit the determination will have to be made whether it is in conformity with the zoning, etc. He asked the City Manager to report back at the next meeting on the status of the building permit application. D. Item #4 Fire Department Monthly Report Mayor Howell acknowledged receipt of the Fire Department's monthly report. Commissioner Gulliford commented that he couldn't find the number of inspections listed on the report. Chief Royal reported that there were 11 inspections during the month of June and no citations. There being no other comments, the Mayor instructed the report be filed for information. E. Item #5 Police Department Monthly Report Mayor Howell acknowledged receipt of the Police Department's monthly report. Commissioner Gulliford suggested the minutes reflect the city's appreciation to Lamar Whitaker, lifeguard, for his dedication to duty. On Tuesday morning, June 26, Lamar had two wisdom teeth pulled and he sat at the beach all day with no medication for the pain as he was afraid of drowsiness. During that day, Lamar pulled two young boys out of a runout at the foot of the Atlantic Beach pier. This was Lamar's second double rescue of the summer. Commissioner Morris commended the department for locating a missing 7 yr. old girl who did not speak any english. She turned up missing at the Sea Turtle Hotel and they located her at Hanna Park two hours later. There being no other comments, the Mayor instructed the report be filed for information. F. Item #6 Drainage Outfall for Cardinal Industries The City Manager reported that the City Commission had received a copy of the plans and specifications for the proposed development some time ago. Since then there has been considerable discussion regarding the outfall and whether the City would be willing to give up public right- of-way on Plaza in order to allow the developer to use it as an outfall for storm drainage. Mr. Moss said that Mr. Doug Miller of England, Thima & Miller, on behalf of the city, has reviewed the revised plans and has walked the territory from east to west. All are in agreement that plans as presented to the city are now in conformity and will not cause severe problems for the city in the future. The drainage ditch will go down West Plaza as originally presented, but the City Manager said they were satisfied that the water will eventually drain toward the marsh. Water Ind sewer lines, streets and sidewalks are all according to specifications. Ir. Doug Miller orally reported on the revised plans for the relocation of the ditch on the city's right-of-way. West Plaza is of no significant benefit to the city as a road, but instead probably more beneficial as PAGE FIVE V V MINUTES Names of JULY 9, 1984 Commrs. MS Y N City Manager's Report - continued a drainage ditch. The City Attorney said that he recalled at the last meeting they agreed to hold the City of Atlantic Beach harmless and indemnify them for any loss arising out of their negligence in the use of city property. The City Attorney also recommended the city vacate and abandon West Plaza according to the plat with a perpetual permanent reservation of an easement for drainage over and above the street. Discussion followed on the pros and cons of abandoning West Plaza. Motion: The City Attorney be instructed to draw up the necessary Gulliford x x papers for abandonment of West Plaza and retaining the Morris x x use as utility and drainage at the cost of the developer. Discussion followed before the vote. Mayor Howell said that he was under the impression that Cardinal Industries was paying for the total cost and asked if that was correct. Commissioner Morris said he also wanted to know and said the city did not create the problem with the drainage. The State did. They would not let them drain on Mayport Road so therefore Cardinal Industries are having to go back through the woods with a drainage ditch. Mr. Bert Revels of Cardinal Industries stated that he would have their engineer estimate .ghat the cost will be to complete the ditch and clean it out and do what they have to do to put the culvert under Main St. The cost of the street and the off-site water/sewer extensions all will be included in a performance bond, and Cardinal Industries will let the contract, not the city. Mr. Revels noted that he did not feel they should pay for the cost of abandonment. Commission agreed. Amended Motion: The City Attorney be instructed to draw up the Gulliford x x necessary papers for abandonment of West Plaza between Morris x x x point and y point and retain the use as utility and Van Ness x drainage. Howell x The motion carried unanimously. The Commission then reviewed the revised plans. Discussion was held on whether Cardinal Industries could have their building permit issued immediately. Motion: Approve the building plans and specifications as Gulliford x x presented. Morris x x Van Ness x The motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * rhe Mayor then declared a five minute recess. 8:30 p.m. 8:35 p.m. The Mayor called the meeting back in session. PAGE SIX V V MINUTES Names of JULY 9, 1984 Commr s. M S Y N Unfinished Business A. Appointment to CATV Board Mayor Howell asked Commissioner Van Ness if she had contacted Mr. Martin as requested at the last meeting. Commissioer Van Ness reported that Mr. Ed Martin agreed to serve. Motion: Appoint Mr. Ed Martin to serve as the City of Atlantic Gulliford x x Beach representative on the CATV Board. Morris x Van Ness x x The motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Report of Committees - None Action on Resolutions A. Resolution No. 84-10 Mayor Howell presented in full, in writing, proposed Resolution 84-10, L Resolution authorizing application for a sovereignty submerged land Jasement in the St. Johns River. He explained this was in connection withthe sewer outfall line. Motion: Passage of said Resolution. Copy of Resolution No. 84-10 Gulliford x x is attached hereto and made a part hereof. Morris x Van Ness x x The motion carried unanimously. Howell x Mayor Howell asked if there had been any liaison between the city and Buccaneer re their easement, etc. at that point. He said it may be wise to look into the possibility of working something out with Buccaneer to enter at the same point. Mr. Moss said that we have a totally different type of pipe and a different type of situation. Their right-of-way is all public right-of-way. They ran their outfall line along the bridge-type structure into the river, and we are going under water. Hopefully you will never see our pipe except from the bridge underneath AIA. Mr. Moss said the record will show that we tried to work with Buccaneer in the past. Commissioner Van Ness asked about the agreement with Jacksonville Beach and Mr. Moss replied that the technical aspects of the proposed agreement is now complete and is being referred to the three City Attorneys representing each city. He is trying to set up a meeting with the City Attorneys for next Monday when they will explain the technical aspects and ask that the attorneys draw up their appropriate legal forms for presentation. Mr. Moss is hoping for a target date for approval by all cities for September lEt. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE SEVEN V V MINUTES Names of JULY 9, 1984 Commrs. MS Y N Action on Ordinances - None Miscellaneous Business Commissioner Van Ness asked about the plans for the renovation of the Commission Chambers. Commissioner Gulliford reminded her that Commission- er Cook was absent. She said she did not want the plans to be shelved. Mayor Howell asked if anything was ever worked out with Mr. Widdows re HMO. Mr. Moss replied yes, HMO agreed to provide coverage for him. Mr. Mullis acknowledged receipt of a deed from the City of Jacksonville to the property given to the city for a basketball court. The deed was given to the Clerk for the records. There being no further business to come before the Commission, Mayor Howell declared the meeting adjourned at 9:37 p.m. SEAL L G / m 41 owe11 Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk RESOLUTION NO. 84-10 A RESOLUTION AUTHORIZING APPLICATION FOR A SOVEREIGNTY SUBMERGED LAND EASEMENT IN THE ST. JOHNS RIVER WHEREAS, the City of Atlantic Beach, Florida, proposes to implement a program for the abatement of water pollution, including the construction of a new treated wastewater outfall pipeline in the St. Johns River, and WHEREAS, the State of Florida, Board of Trustees of the Internal Improvement Trust Fund, pursuant to Chapter 253, Florida Statutes, requires that an easement be granted for the sovereignty submerged lands of the State of Florida which are occupied by the outfall pipeline, NOW, THEREFORE, BE IT RESOLVED that the City of Atlantic Beach, Florida, prepare and submit an application to the Florida Department of Natural Resources for the granting of the aforesaid easement, and BE IT FURTHER RESOLVED that the City Manager of the City of Atlantic Beach, Florida is authorized to execute all forms, applications, and notices on behalf of the City of Atlantic Beach, Florida, for the obtaining of the aforesaid easement and that henceforth all documents so executed will be valid and will reflect the intent of the City of Atlantic Beach, Florida. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Passed by the City Commission on July 9, 1984 ATTEST: (SEAT.). Adelaide R. Tucker, - - City Clerk