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01-22-90 v CITY OF ATLANTIC BEACH REGULAR MEETING, MONDAY JANUARY 22, 1990 Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of January 8, 1990 and the meeting of the Committee of the Whole January 10, 1990 2. Recognition of Visitors: 3. Consent Agenda: A. Atlantic Beach, Neptune Beach and Jacksonville Beach jointly declaring February 1990 as American History Month. B. Discussion and relative action to appoint members to fill vacancies on the Community Development Board and Code Enforcement Board (Mayor Gulliford) C. Tree Board appointments 4. Old Business: A. Discussion and related action to trees in Section H B. Final approval of Lewis Subdivision Replat (Rene' Angers) 5. Resolutions: A. Resolution #90-2 creating the Recreation Advisory Board (Parks and Recreation Director Rose Blanchard) 6. Action on Ordinances: A. Public hearing of Ordinance #90-89-148 accepting and approving land development plan and proposal known as Tiffany by the Sea, submitted by ASHCO, Inc. and certain conditions for development of land in the City of Atlantic Beach (Community Development Director Rene' Angers) 7. New Business: A. Recommendation for Recreation Advisory Board appointees being Alice Richardson, Donald Fagan, Jeff Croom, David Turner, Gerard Vermey, Henry Batts, and Richard Riley. (Rose Blanchard, Director P&R) B. Discussion and related action proposing Bessent, Hammack and Ruckman to design a Lot and Block Grading Plan for Section H in an amount not to exceed $24,500 and to review individual development of lots on a unit basis of $60 each. C. Public hearing on a proposal for an amendment to a developer agreement for land in Ocean Terrace to reduce density from fourteen lots to twelve lots D. Propose ordinance to increase handicapped parking fines from $50 to $250. (Police Chief David Thompson) E. Application for Variance to the Septic Tank Moratorium - Block 129, Section H (Rene' Angers, Community Development Director) F. Proposed deviations from the ordinance creating the Fleet Landing Planned Unit Development (Rene' Angers) G. Preliminary Plat Approval - Block 214, Section H (Rene' Angers) 8. City Manager Reports and/or Correspondence: 9. Mayor to call on City Commissioners, City Attorney and City Clerk: A. Report by the City Attorney relative to Sea Turtle Hotel' s intent to rent hotel rooms on a weekly basis. Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY OL14- V V MISSION HELD AT CITY HAIL ON MONDAY, JANUARY 22, 1990 AT 7:15 PM O O T T PRESENT: William I. Gulliford, Mayor E E Robert B. Cook, Sr. D D Glenn A. Edwards Adelaide R. Tucker, and M S John W. Weldon, Commissioners O E AND: Kim D. Leinbach, City Manager T C Alan C. Jensen, City Attorney I O 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 January 8, 1990 and the meeting of the Committee of the Whole January 10, 1990 Cook x x Notion: Approve minutes of the regular meeting of January 8, Edwards x 1990 Tucker x x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x Cook x Notion: Approve minutes of the meeting of the committee of Edwards x x the whole of January 10, 1990 Tucker x Weldon x x No discussion before the vote. The motion carried unanimously. Gulliford x The mayor also called for approval of the minutes of the committee of the whole regarding the Wonderwood Expressway held at the Jacksonville Beach Community Center on Wednesday, January 17, 1990. Cook x x Notion: Approve minutes of the meeting of the committee of Edwards x x the whole of January 17, 1990 Tucker x Weldon x In discussion before the vote Commissioner Cook expressed Gulliford x disappointment at the lack of media coverage of the event. The question was called and the minutes were unanimously approved. 2. Recognition of visitors: Della Koenig, 780 Redfin Drive, complimented the citizens of Atlantic Beach on their representation at the meeting, and also complimented the speakers, particularly Admiral Gavin, on their fine performances. !Mayor Gulliford read a letter he had received from Joan M. Toney complimenting city employee John Brawn for assistance he had given them on his off-duty hours during the Christmas freeze. PAGE TWO V V MINUTES NAME OF JANUARY 22, 1990 COMMRS. M S Y N 3. Consent Agenda: A. Atlantic Beach, Neptune Beach, and Jacksonville Beach jointly declaring February 1990 as American History Month B. Discussion and relative action to appoint members to fill vacancies on the C ruiunity Development Board and Code Enforcement Board (Mayor Gulliford) C. Tree Conservation Board appointments Mayor Gulliford offered the names of Kathy Russell and Gregg McCaulie for reappointment to the Community Development Board. He said Mr. Strayve had resigned from the Code Enforcement Board and offered in nomination, to fill that vacant seat, the name of Mary Lyle Perry. He said he had been unable to contact Herbert Moller whose term had expired, and before filling that seat he said he would like to see if Mr. Moller would be willing to serve for a further three years if reappointed. He requested that Item C be withdrawn from the Consent Agenda to be acted upon separately. Cook x x Edwards x x Notion: Approve Iters A & B of the Consent Agenda Tucker x Weldon x No discussion before the vote. The motion carried unanimously. Gulliford x Imsent Agenda Iter C Mayor Gulliford offered ten names for consideration by the commission, as follows: Pete Mabry, John Otto, Jim Pelke, Sandy Sheppard, Peggy Cornelius, Carolyn Woods, Dezmond Waters, Lynn McManus, Tom Burns and Don Wolfson. He said he perceived a problem where anyone nominated was currently serving on another city board. After brief discussion, Commissioner Cook offered the following motion: Notion: Nrminate Jim Pelke, Carolyn Woods and Dezmond Waters Cook x x to the Tree Conservation Board for three-year terms Edwards x and Sandy Sheppard and Peggy Cornelius for two year Tucker x terms, and Tarry Figart as an ex officio member Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. A brief discussion then took place regarding how pending applications would be handled and it was felt a temporary board should be appointed to handle these until the new board could be constituted. Notion: Appoint Commissioner Weldon, Dezmond Waters, Jody Cook x x Ford, Rene' Angers and Brenda Dockery to act as a Edwards x temporary tree conservation board with Dezmond Waters Tucker x x to act as chairman Weldon x Gulliford x No discussion before the vote. The motion carried unanimously. PAGE THREE V V MINUTES NAME OF JANUARY 22, 1990 COMMRS. MSYN Old Business: B. Final approval of Lewis Subdivision replat for Sam Waters . Mem' Angers) (Taken out of sequence) Attorney Paul Eakin said the replat would conform to the three adjoining lots and would allow for conformity within the neighborhood. Cook x Edwards x x Notion: Approve final plat and authorize the Mayor and Clerk Tucker x to sign Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously Commissioner Tucker inquired whether an easement would be granted to the city for the drainage ditch at the east side of the property. Mr. Eakin said he would have the appropriate document prepared. A. Discussion and related action to trees in Section H Don Ruckman of Bessent, Hammack & Ruckman indicated on a map an area on West Ninth Street between Jasmine and Camelia where several large trees were located in the right-of-way. He said it would be their recommendation that no improvements be made in this area and that the street be left unpaved and allow the trees to remain. However, 'ie said to provide the services to the property owners on Jasmine street and honor the rules of the St. Johns River Water Management District regarding drainage, it was their recommendation the trees on Jasmine should be removed. He said, even if the trees were left, he could not guarantee that they would survive since many of the roots would have to be cut to lay the water and sewer pipes. In the event the city decided to leave this portion of Jasmine unpaved, he felt at a later date the residents would petition the city for paving. Mayor Gulliford recommended contacting the residents on Jasmine Street and advise them of the options available to the city and also invite them to attend the next commission meeting at which time a final decision on the matter would be made. However, he said whether or not the city decided to hold off on paving and drainage, he asked that they be allowed to proceed with the water and sewer service in that area. Cook x x Edwards x Notion: Do not provide any improvements to West Ninth Street Tucker x between Jasmine and Camelia Streets Weldon x x Gulliford x No further discussion. The motion carried unanimously. Mr. Ruckman further explained the engineers had discovered some unsuitable material in the area of Jasmine and Camelia Streets in the vicinity where the stormwater detention pond was planned. He said it was his opinion removal of this material would be cost prohibitive and it was his recommendation the plans should be Zodified to delete paving and drainage on Jasmine and Camelia Streets south of West Fourteenth Street and reroute water and sewer service to provide service to the existing homes on Jasmine and PAGE FOUR V V MINUTES NAME OF JANUARY 22, 1990 COMMRS. M S Y N Camelia Streets. It would also be necessary to relocate the sewage pumping station to the vicinity of the intersection of Camelia and . West Fourteenth Streets, relocate the stormwater management system from west to east on Main Street and modify other drainage and sewer and water in the vicinity to accommodate the relocation. It would be necessary to acquire a parcel of land approximately 50 x 50 ft. near the intersection of Camelia and West Fourteenth Streets to relocate the sewage pumping station. He said these changes would represent a savings of approximately $56,000. Commissioner Tucker inquired what action would be taken when building permits were requested for the cul-de-sac area on Jasmine and Camelia Streets, and the City Manager said it would be his recommendation variances be approved since the city had decided to defer the paving. Motion: Approve the recommendation of the engineers to Cook x delete paving and drainage on Jasmine and Camelia Edwards x x Streets south of West 14th St.; reroute water and Tucker x sewer facilities to service existing homes on Jamin Weldon x x & Camelia; relocate pumping station to intersection Culliford x of Camelia and West 14th Streets; relocate the stormwater management system faun west to east of Main Street; and modify other drainage and sewer and water in the vicinity to accomodate the relocation No discussion before the vote. The motion carried unanimously. 5. Resolutions: A. Resolution No. 90-2 creating the Recreation Advisory Board (Parks & Recreation Dir. lose Blanchard) Mayor Gulliford presented in full, in writing Resolution No. 90-2 A RESOLUTION CREATING THE ADVISORY PLANNING BOARD. Cook x Edwards x x Notion: Approve passage of Resolution No. 90-2 Tucker x Weldon x x No discussion before the vote. The motion carried unanimously. Gulliford x Ms. Blanchard introduced those members of the Advisory Recreation Board who were in attendance. 6. Action on Ordinances: A. Ordinance No. 90-89-148 - Public hearing AN ORDINANCE OF THE CITY OF ATLANTIC BEACH ACCEPTING AND APPROVING LAND DEVELOPMENT PLAN AND PROPOSAL SUBMITTED BY ASHOO, INC., AND CERTAIN CONDITIONS FOR DEVELOPMENT OF LAND IN THE CITY OF ATLANTIC BEACH; P%3VIDING AN EFFECTIVE DATE (Tiffany by the Sea) Mayor Gulliford reported this ordinance had received first reading it the last meeting, and under State Statute, must have two public hearings. He opened the floor for a public hearing and invited comments from the audience. PAGE FIVE V V MINUTES NAME OF JANUARY 22, 1990 COMMRS. M S Y N J.C. Green, 2233 Seminole Road, read a prepared statement expressing. sane concerns regarding the validity of Contract Quality . Developments, copy of which is attached hereto and made a part hereof. Since no one else spoke for or against the ordinance the Mayor declared the public hearing closed and announced the next public hearing on the matter would be held on February 12, 1990. 7. New Business: A. Recommendation for Recreation Advisory Board, appointees being Alice Richardson, Donald Fegan, Jeff Croom, David Turner, Gerard Vermey, Henry Batts, and Richard Riley Cook x Notion: Approve appointments to the Recreation Advisory Board Edwards x x in accordance with the recommendations of the Parks Tucker x and Recreation Director Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. B. Discussion and related action proposing Bessent, Haninack & Ruckman to design a lot and block grading plan for Section H in an amount not to exceed $24,500 and to review individual development of lots on a unit basis of $60 each Don Ruckman of Bessent Hammack & Ruckman, explained the improvements in Section H had been designed for a flood plane of elevation six. The lot and block grading plan would provide a grading master plan for the Section H area after the street improvements have been completed and would be useful to the Building Department in determining what the elevation of each individual lot would have to be when issuing building permits. Some lots which are low-lying would require considerable filling. Mr. Ruckman said they would adjust driveways up or down as required to the level of the road. Motion: Authorize Bessent, Hammack & Buckman to design a lot Cook x x and block grading plan for Section H in an amount not Edwards x to exceed $24,500 and to review individual lots at a Tucker x unit cost of $60 each to be charged to the individual Weldon x x property owners upon development Gulliford x Commissioner Tucker inquired who would pay for this plan and was advised the $24,500 would be paid for from the Section H funding and the $60 would be paid by each property owner upon development of the property. It was explained assessments would not be affected by this charge since the assessments were for water and sewer and the city was funding the paving and drainage. C. Public hearing on a proposal for an amendment to a developer agreement for land in Ocean Terrace to reduce density from fourteen lots to twelve lots PAGE SIX V V MINUTES NAME OF JANUARY 22, 1990 COMMRS. MSYN The Mayor explained under the provision of the Florida Statute two. public hearings on this request for amendment would be required. He . opened the floor for a public hearing and invited comments from the audience. J.C. Grccn, 2233 Seminole Road, said he had no opposition to the proposal but inquired why the change had been requested. Mike Akel, representative for the developers, said the change was simply to make the lots larger and more attractive to prospective buyers. Since no one else spoke for or against the proposal, the Mayor declared the public hearing closed and announced final action would be made after the second public hearing which would be held on February 12, 1990. Cook x x Edwards x x Notion: Approve amendment subject to final public hearing on Tucker x February 12, 1990 Weldon x Gulliford x . No further discussion. The motion carried unanimously. D. Propose ordinance to increase handicapped parking fines from $50.00 to $250.00 (Chief Thompson) `chief Thompson reported he had received requests from Councilman Jarboe and the Beaches Council for the Disabled to increase the fine for unlawful parking in spaces designated for the handicapped to $250.00 to be conformance with the fines in Duval County. He said it was also hoped the funds would be dispersed in such a manner so as would benefit the handicapped. After brief discussion, the City Attorney was requested to draft an ordinance to increase the fine to $250.00 E. Application for variance to the Septic Tank moratorium - Block 129, Section H (Rene' Angers) An application had been received from Richard Johnson to install a septic tank on his property on the corner of Stocks and West Sixth Streets in Section H, until such time as the public sewer system is available. Cook x Edwards x x Notion: Approve variance for installation of septic tank on Tucker x condition Mr. Johnson connects to the public system Weldon x x when it becomes available Gulliford x Mayor Gulliford explained that where variances to the septic tank moratorium were granted, the property owners would be required to connect to the public system when it becomes available; however, residents who had septic tanks prior to the moratorium would not be required to hook up to the public system as long as those septic tanks functioned properly. The question was called and the motion was unanimously approved. PAGE SEVEN V V MINUTES NAME OF 0 JANUARY 22, 1990 COMMRS. M S Y N F. Proposed deviations frau the ordinance creating the Fleet Landing Planned Unit Development (Rene' Angers) A representative of the Haskell Company explained the question of ownership of a 1.7 acre parcel had now been resolved and it appeared the developers own this land and they planned to incorporate it into their site plan by relocating a maintenance building, a club house, tennis and shuffle board courts and an electrical substation, and by adding a parking area for recreational vehicles. Cook x Edwards x x Motion: Refer to the Community Development Board for review Tucker x and recommendation Weldon x x Gulliford x No discussion before the vote. The motion carried unanimously. G. Preliminary plat approval - Block 214, Section H (Rene' Angers) A request had been received from Dan Mayti to allow the platting of his property on Block 214, Section H, into three building lots. Cook x Edwards x x Notion: Refer to the Cam unity Development Board for review Tucker x x and recommendation Weldon x Gulliford x Jo discussion before the vote. The motion carried unanimously. 8. City Manager Reports and/or Correspondence The City Manager announced the goal-setting session had been scheduled for Saturday, January 27, 1990, and would be held at the Parks and Recreation office in Russell Park. 9. Mayor to call on City Commissioners, City Attorney, and City Clerk: A. Report by the City Attorney relative to Sea Turtle hotel's intent to rent hotel roans on a weekly basis Mr. Jensen confirmed that each of the Commissioners had received a copy of his proposed response to the Sea Turtle. Mayor Gulliford requested in lieu of the letter, that he and the City Attorney be authorized to meet with the Sea Turtle manager to discuss this and any other problems they deem necessary. Since no one expressed any objections, the City Attorney was instructed to arrange the meeting. Mr. Jensen said he had been in touch with J.E.A. regarding recent complaints regarding tree trimming and had provided them with a copy of the recently enacted tree protection ordinance. He said he would report further on this when he had more information. PAGE EIGHT V V MINUTES NAME OF JANUARY 22, 1990 COMMRS. M S Y N The City Attorney solicited the wishes of the Commission regarding the Sixteenth Street beach access. He said the matter was at a . standstill and to resolve the matter in the manner suggested by Mr. Blackard would be extremely expensive. The Mayor asked that all information on this matter be given to Commissioner Weldon for his review and that the matter be placed on the agenda for the next mooting. Commissioner Cook presented on behalf of Judy Hewlett, an information brochure relative to the work of the Youth of the Beaches Art Build (YBAG) , and said "A Night of Broadway" featuring Shirley Jones and over one hundred cast members from past YBAG productions in a musical review of past Broadway hits would be performed at the Florida Theatre on August 4, 1990. He said YBAG was hoping to raise funds for the establishment of a scholarship to be awarded annually to a deserving cast member. He said Ms. Hewlett was soliciting a donation of $1,000 from the city. Cook x x Edwards x . Notion: Approve contribution of $1,000 to YBAG Tucker x Weldon x x In discussion before the vote the Mayor said he did not feel this Gulliford x was an appropriate expenditure of public funds since YBAG was not a function of our government. The question was called and the motion ms unanimously defeated. Commissioner Cook reported at a recent meeting of the Northeast Florida League of Cities he had discussed with Rep. Crady of the Duval Legislative Delegation, the subject of the bed tax and the limitations placed on the spending of those funds. He said Rep. Crady felt he could possibly get a slight variation of the law approved for Duval County if Baldwin and the three beach cities all agreed to the change. Bed tax monies can currently "be used to acquire, construct, extend, enlarge, remodel, repair, improve or maintain one or more convention centers, stadiums, exhibition halls, arenas, coliseums and auditoriums. The City Attorney of Neptune Beach had suggested adding the phrase "lifeguard station, baseball/ softball field or park for recreation." Commissioner Cook suggested drafting a resolution requesting a change of the law to reflect this. Mayor Gulliford said he would like to add "community center" to the list but was advised this would have to be agreed to by all cities involved. The City Attorney was instructed to draft a resolution requesting this change. Commissioner Tucker reported on the meeting of the Census Committee. She said the committee was trying to do everything possible to promote the census and requested that a proclamation be passed promoting Census Awareness Week. Jack Brooks expressed disapproval of the recent appointment of a lode Enforcement Officer. He was advised this was an administrative matter and should be discussed with the City Manager. • PAGE NINE V V MINUTES NAME OF JANUARY 22, 1990 COMMRS. M S Y N Mayor Gulliford said he had been of the opinion the Department of. Natural Resources was the entity responsible for protection of the dunes, but this was apparently not being done, and the City Attorney was instructed to draft an ordinance relative to dune protection. The Mayor also reported bids would be received on January 23, 1990 for the construction of a new city hall and he felt it would be appropriate to hold a public hearing at the next meeting to hear citizen input. The Mayor also reported that Harry Royal had given him a printout of all fund balances, both restricted and unrestricted and asked that copies be circulated to all Commissioners. There being no further business to come before the Commission, the Mayor declared the meeting adjourned at 8:55 PM. A William I. Mayor/Presiding 0i ATTEST: Maur-max. King, City k (Statement by J. C. Green, President , Ocean Village Association, .Inc. , 2233 Seminole Road, Atlantic Beach, at the January 22 , 1990 meeting of the Atlantic Beach City Commission, concerning the proposed "Tiffany by the Sea" residential development. ) I do not pretend to be a John the Baptist, but in this matter I feel like a lonely voice crying in the wilderness . I hope I won' t be beheaded for my efforts , although I can understand there might , e some who would feel less than kindly disposed toward me. I have spoken out on this subject in the past, and I feel obliged to say a few last words . It is a foregone conclusion that there willbe a Tiffany development, barring some catastrophe or act of Godo But it seems there is more involved here thanone tract of land, perhaps a philosophy of zoning for the City of Atlantic Beach for the future. Possibly I can assist in putting the matter in perspective . As previously stated, a serious question concerning the validity of the "Contract Quality Development" process was raised. This was the process that apparently was used for the Ocean Side, Seminole Reach and Ocean Terrace developments , and was proposed for Tiffany by the Sea. The apparent authority was Chapter 380 of the Florida Statutes , in no way applicable to a{iy of these developments . I was not surprised that the(oard -as .12u411.94. a whole ignored my representation, although I was surprised that the vote was unanimous without even seeking the advice of a representative of the then city attorney' s office , who was present. Possibly my presentation was not sufficiently lucid. In any case, with Mr. Jensen' s sage counsel , this Commission is now on track as to the legal processes it may follow in this matter, and this body is acting in a responsible manner. It appears that you are now asked to consider entering into 'a development agreement as authorized by Chapter 163 of Florida Statutes . While that may be perfectly legal, it does appear that Chapter 163 is , purely and simply, special interest legislation. Consider the rationale given for the legislation as a part of the statute : "The lack of certainty in the approval of development can result in a waste of economic and land resources , discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning." The statute says in effect that development agreements can remove these conditions . What does that really mean? I think it means in the case under consideration, and possibly for others , that if there is a narrow strip of land between the ocean and Seminole Road, special concessions may be made to a developer to allow more units than would be allowed in, for instance , the beautiful Ocean Walk development. What you potentially have is an agreement that would provide the maximum benefit to the developer and the opportunity for more persons to own homes with easy access to the beach. The Commission will have to decide whether that is in the public interest. In any case, it appears several options are open to the Commission. -One is to enter into a development agreement authorizing the 26 single-family units desired by Ashco. .Another is to hold Ashco to the number of single-family units permitted under the present zoning. ,A third option, which I believe the city manager mentioned at your last meeting, would be to relax the acreage restrictions on the PUD classification, although that might have some troublesome ramifications down the road. ,Yet another option is for the City Commission to rezone the property to conform to the single-family district. I suppose the Commission could address the point directly by setting up a special ocean front zoning classification. That is rendered virtually moot, however, since the Tiffany tract is possibly the last one left on the north ocean front in Atlantic Beach of any size. Whatever, it does appear that all directly concerned will be better off, and the public interest better served, if Ashco does construct 26 , or 24, or 22 single-family units , or whatever is permitted, instead of the 70-odd marketable multi-family units that might be put on the site. Some concern has been expressed in this community by a number of persons regarding the destruction of trees and dunes. The matter of the trees is in the hands of the city administration. Regarding the dunes , it appears that Ashco to date has operated within the limits of the coastal construction setback line, although I am -not an expert on that subject. As I understand it, the matter of dune preservation is the responsibility of the Florida Department of Natural Resources . My personal experience, however, indicates that the Department does not have the interest or commitment in this regard that it should have, and I would respectfully request that the city exert influence on the Department of Natural Resources to be a guardian of all of the ocean dunes in Atlantic Beach, now and for the future. In closing, I would state the hope that all concerned will rtAwrk to assure that there will be no abuse of natural resources on what little is left of the original north beaches forests and dunes . I am most appreciative of your time and attention.