02-23-87 v AGENDA
CITY OF ATLANTIC BEACH
February 23, 1987
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the regular meeting of February 9, 1987
2. Recognition of visitors
3. Committee report recommending Waitz and Frye, Smith and Gillespie,
and Alan Potter, in that order, for negotiations under the Consul-
tants Competitive Negotiation Act
4. Action on exceptions:
A. Receipt of application from Ragtime Tavern owners requesting
an exception for the serving of beer and wine in a CG district
in a proposed new addition to the Ragtime Tavern, and setting
of a public hearing for March 9, 1987.
(Community Development Board recommends approval)
5. Action on Resolutions:
A. Introduction and adoption of Resolutions to Candace Nordan and
Ron Gray as former members of the Advisory Planning Board
B. Introduction of a Resolution authorizing the City Attorney to
commence proceedings to acquire certain properties through the
use of eminent domain
6. Action of Ordinances:
A. Introduction and first reading of Ordinance No. 90-87-116
authorizing the rezoning of property off Eleventh Street,
formerly known as the old Bull airport from RS2 and OR to
Planned Unit Development, and setting of a public hearing for
March 9, 1987
(Community Development Board recommends approval)
B. Introduction and first reading of Ordinance No. 90-87-115
amending the Ordinance Code to eliminate references to Adviso-
ry Planning Board and Board of Adjustment
7. Action by the City Commission to authorize Smith and Gillespie
Engineers under the conditions of their continuing contract to
undertake and prepare an engineering report relative to drainage
canal improvements in an amount of $7,500.00
8. Adoption of Proclamation proclaiming April 1 through April 30, 1987
as Dial-A-Ride month
9. Miscellaneous
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD AT CITY HALL ON FEBRUARY 23, 1987 AT 7 :15 P.M. V V
O O
PRESENT: William S. Howell, Mayor-Commissioner T T
Robert B. Cook, Sr. E E
Glenn A. Edwards D D
John W. Morris, Jr. , Commissioners
AND: Richard C. Fellows, City Manager M S
Claude L. Mullis, City Attorney O E
Adelaide R. Tucker, City Clerk T C
I 0 Y
NAME OF ONEN
ABSENT: William I. Gulliford, Jr. , Out of Town COMMRS. NDSO
The meeting was called to order by Mayor Howell. The invocation,offered
by Commissioner Cook was followed by the pledge to the flag.
1. Approval of the minutes of the regular meeting of February 9, 1987
Motion: The minutes of the regular meeting of February 9, 1987 be Cook x x
approved as written. Edwards x x
Morris x
No discussion before the vote. Motion carried unanimously. Howell x
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Mayor Howell announced Item 6A had been pulled from the agenda at the
*request of the Developers. They plan to take the application back to
he Community Development Board.
2. Recognition of Visitors
Mr. Donald Wolfson, 1725 Beach Avenue, spoke relative to a permit issued
on December 22, 1986 by the City of Jacksonville for six units at 1851
Beach Avenue. The contractor was Fred Mills. Property is currently owned
by Mr. Mark Kredell. Lot size was 75.0' x 437.3' .The permit allows the
present residence of a single family dwelling and a garage apartment
to be torn down and build six condominiums. Mr. Wolfson talked to Mr.
' Bagwell, Chief of the Building and Zoning Dept.for the City of Jackson-
ville to review what had transpired. One of his concerns was that his
house was about six lots away from the property in question, and his
survey showed the property to be 95'wide and 200' from Beach Ave. to the
bulkhead, and also an additional 70' to the high-water line. Mr. Steve
Landon's survey of property two lots south of property in question,
indicated 50'wide x 198' from Beach Ave.to the coastal construction set-
back, and also another 50' to the high-water line. The property in
question showed 437.3 deep. Mr. Wolfson thought an error could have been
made after the renourishment project by including the renourishment in
the lot size. Mr. Bagwell told him if there was an impropriety, the
citizens of Atlantic Beach should bring it before the City Commission
and the City Commission should request the City Attorney to file an
injunction. The City of Jacksonville would then pull the permit in
question and ask for a survey. After their research, if the permit was
found improper, they would rescind the permit. It would then come under
he jurisdiction of the City of Atlantic Beach. The present survey showed
_o seal, name or company. Mr. Wolfson respectfully requested the City
Attorney file an injunction to stop the construction. Mayor Howell ex-
plained to Mr. Wolfson the Commission mentioned during the various Pubic
Hearings prior to annexation that any permits issued by the City of
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Recognition of Visitors - continued
Jacksonville prior to January 1, 1987 would have to be honored by the
City of Atlantic Beach. The City of Atlantic Beach was abiding by the
assumption the permit was properly issued. If there was some impropriety,
the city might begin to intercede, but he pointed out if that was done,
the property in question would fall under the existing zoning and build-
ing restrictions of the City of Atlantic Beach, which was RG-2 and allow-
ed multi-family. Mayor Howell said there seemed to be some confusion that
property owners on the ocean front could only count that part that goes
from your back line to the coastal construction line. That was a total
misconception. People on the ocean front own beyond the coastal constru:-
tion line to a point which was fixed. They also have beyond that point
seaward certain riparian and lateral rights that were un-insurable. The
known point to the back line could be considered. He agreed with Mr
Wolfson he did not know of any property in the area from 20th St. south
that was anywhere near 400'deep. Mr. Wolfson noted Mr. Bagwell told him
if the survey in question was not correct and it did conform to the
depth of the properties adjacent, the owner was over-building the
property by three units. Following discussion, the City Attorney was
given a copy of the letter for research. Mr. Mullis asked if Mr. Bagwell
told him that if the City of Atlantic Beach took such action as that,
the City of Jacksonville would indemnify and hold the City of Atlantic
,each harmless for any action that may arise as a result of revoking
that permit. Mr. Wolfson replied in the negative. Mr. Mullis stated
if a mistake was made it should be up to that government entity to
correct its own mistakes as it was the only one that had the right
to do so. It would not be the City of Atlantic Beach unless something
occurred that violated the Code of Ordinances at the time the building
permit was issued after it became a part of Atlantic Beach. Mr. Mullis
will discuss the problem with Mr. Bagwell and the General Counsel's
office, if necessary, and advise.
Mr. Wolfson questioned the validity of the advertisement for the Public
Hearing. He said the advertised map did not include Mr. Kindrell's
request the property be changed from RS-2 to RG-2. Mr. Mullis stated
the advertisement was to advertise a Public Hearing. That did not mean
we advertise a Public Hearing that the zoning, when it was finally adopted
would carry the same characteristics as set forth in the advertised map.
It was up to the people to attend the Public Hearing for their input.
That was the purpose of holding a Public Hearing.
3. Committee report recommending Waitz and Frye, Smith and Gillespie,
and Alan Potter, in that order, for negotiations under the Consultants
Competitive Negotiation Act.
The report from the Committee relative to the construction of the #4
tank at the Buccaneer system recommended the engineers in the following
rder:
1. Waitz and Frye
2. Smith and Gillespie
3. Alan Potter
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FEBRUARY 23,1987 COMMRS. MSYN
3. Committee Report - continued
The three firms were present. The firms of Smith and Gillespie and Alan
Potter waited in another room at their own choice.
Motion: Approve the recommendation of the Committee ranking the Cook x
firms in the order of Waitz & Frye, No. 1; Smith and Edwards x x
Gillespie, No. 2, and Alan Potter, No. 3. Morris x x
Howell x
No discussion before the vote. Motion carried unanimously.
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Mr. Summer Waitz, President, and David Kemp, Sr. Vice-President of Waitz
and Frye offered their presentation and qualifications. They recommended
building a complete mix plant. They offered to design exactly what the
city had advertised for, .4 MDG expansion, or construct a total capacity
of 2 MGD for approximately the same cost that would be incurred for an
expansion of.4 MGD. Their proposal would also include a 2MGD pre-treat-
ment facility.
Commissioner Edwards asked if that would be changing the plant to contact
stabilization, or extended air,and Mr. Waitz said no, it would be, what
they called complete mix. Commissioner Edwards asked if it would upgrade
:he plant from a"C"to"B" plant. Mr. Waitz explained it would upgrade the
plant. However, initially, there would be a considerable period of time
you would still be operating as an extended air plant. You would not have
to increase the level of operation at that time, but definitely when they
got into the mode, according to the regulations, it would require more
operational time. Additional staff would be needed for 16 hours of opera-
tion for a "B" plant.
In response to the question, did he think the money the city could save
by using Mr. Waltz's operation would offset the amount of money, down the
road, the city would have to pay in excess for operating 16 hours instead
of 8, Mr. Waitz answered in the affirmative and said the plant would have
a lot more capacity if the city elected to go with their proposal. He rioted
in their visit to the plant, they would like to ask the City Commission to
consider allowing them to make improvements on some of the features of the
plant.
During discussion of the need for additional staffing, Mr. Waitz pointed
there was not enough land to fit a 2MGD extended air sewage treatment
facility at the site of the Buccaneer plant. If they wanted to go to ex-
tended air, they would have to acquire additional land.
There would be no additional work required to the outfall line. The 12"
line would be pushed to about capacity, but Mr. Waitz felt 2,000,000 gal.
could go through daily at a 250% peak flow. He was not familiar with the
ffluent pumps and their capacity might have to be increased.
Their proposal also included a maximum build-out study to the year 2000.
The study for the 400,000 tank could possibly be ready within 30 days.
The maximum build-out study would take approximately 4 to 6 months,
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FEBRUARY 23, 1987 COMMRS. MSYN
Committee Report - continued
depending on the Commission's decision. Construction time for just the
4th tank about 4 to 6 months; if they went to 2MDG, approximately 8 to
10 months or 60 days difference, but not more than 12 months.
Following discussion on Waitz & Frye's proposal, they presented their
fee structure:
400,000 gallon tank, $32,300.00, flat fee
design study to the year 2000 would be $4,200.00
Expansion to 2MGD , $47,500.00, flat fee
design study to the year 2000 would be $4,200.00
He suggested the Commission might want to forego the study if they chose
to go with the 2MDG expansion design. Mr. Waitz added he was basing his
statement on his understanding of some previous study that indicated
2MGD would ultimately be build-out. Mayor Howell commented they would be
amiss to forego the study for just $4,200.
Projected cost for total project was $650,000.00 to $700,000.00.
Motion: Enter into a contract with Waitz & Frye based on the two Cook x
fee structure, with the final decision to be made after Edwards x x
his preliminary study on which way the Commission desires Morris x x
to go, either $36,500 or $51,700. Howell x
Following discussion, the question was called and the motion carried
with a three to one vote. Commissioner Cook voted no.
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The Mayor called for a ten minute recess at 8:30 p.m.
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Mayor Howell called the meeting back to order at 8:40 p.m.
4. Action on exceptions:
A.Receipt of application from Ragtime Tavern owners requesting an
exception for the serving of beer and wine in a CG district in a
proposed new addition to the Ragtime Tavern
Mayor Howell announced the Community Development Board had recommended
approval of the application.
Motion: Accept the application from Ragtime Tavern owners request- Cook x x
ing an exception for the serving of beer and wine in a CG Edwards x x
district in a proposed new addition to Ragtime Tavern, Morris x
and set a Public Hearing for March 9, 1987. Howell x
Lop discussion before the vote. Motion carried unanimously.
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PAGE FIVE V V
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FEBRUARY 23, 1987 COMMAS. M S Y N
Action on Resolutions
A. Introduction of Resolutions No. 87-6 and 7
Mayor Howell presented in full, in writing Resolution No. 87-6, a
Resolution in appreciation to Ron Gray for services rendered as a
member of the Advisory Planning Board from September 13, 1982 to
January 31,1987.
Motion: Passage of Resolution No. 87-6. Cook x
Copy of Resolution 87-6 attached hereto and made a Edwards x x
part thereof. Morris x x
No discussion before the vote. Motion carried unanimously. Howell x
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Introduction of Resolution No. 87-7
Mayor Howell presented in full, in writing Resolution No. 87-7, a
Resolution in appreciation to Candace Nordan for services rendered as
a member of the Advisory Planning Board from January 1, 1986 to January
31, 1987.
Motion: Passage of Resolution No. 87-7. Cook x
Edwards x x
Copy of Resolution 87-7 attached hereto and made a part Morris x x
thereof. Howell x
No discussion before the vote. Motion carried unanimously.
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B. Introduction of Resolution No. 87-8
Mayor Howell presented in full, in writing Resolution No. 87-8, a
Resolution to commence necessary proceedings to acquire property
through the use of eminent domain.
The City Manager reported the City Commission had authorized him to
make various inquiries for acquisition of land for city use approved
in the 1986-87 budget. An appraisal was ordered for Blocks 5 through
9 Section H, and furnished to the Commission. Mr. Fellows recommended
the City Commission purchase the land for one of two purposes: open
space and recreation, and a possible location for a transfer station
where the city would use 75 x 100 yard trailers for daily storage. A
tractor would make one or two trips daily to the sanitary landfill,
instead of the four or five trips daily our trucks are making now.
Mr. Fellows added the City of Neptune Beach might also be interested in
discussing a contract with them to use the same facility.
Commissioner Edwards asked if the adjacent neighbors to the proposed
and purchase had been contacted, and Mr.Fellows said no, as there were
_nly two houses close by, one an in-complete tree house on Begonia, and
the other one close to the American Legion Hall.
PAGE SIX V V
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FEBRUARY 23,1987 COMMRS. M S Y N
Action on Resolutions - continued 87-8
Motion: Adopt Resolution No. 87-8. Cook x
Copy of Resolution No. 87-8 attached hereto and made a Edwards x x
part thereof. Morris x x
Howell x
During discussion before the vote, Commissioner Morris commented his
church had been looking for property, and the size of the land for the
price discussed on the parcel of land in question appeared to be a good
investment for the city. The question was called and the motion carried
unanimously.
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6. Action on Ordinances
A. Item pulled from the Agenda.
B. Ordinance No. 90-87-117 - First Reading.
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH,
FLORIDA; AMENDING CHAPTER 24, SECTION 24-17, TO RE-DEFINE PLANNING
AGENCY AND VARIANCE TO ELIMINATE REFERENCE TO THE ADVISORY PLANNING
BOARD AND BOARD OF ADJUSTMENT; AMENDING SECTION 24-47, SUBPARAGRAPH 6
ND 10 TO REPLACE THE BOARD OF ADJUSTMENT WITH THE COMMUNITY DEVELOPMENT
iOARD; AMENDING SECTION 24-48 TO PROVIDE THE COMMUNITY DEVELOPMENT BOARD
AS THE LOCAL PLANNING AGENCY; AMENDING SECTION 24-49 TO REPEAL THE PROVI-
SIONS HAVING TO DO WITH THE BOARD OF ADJUSTMENT AND SETTING FORTH THE
POWERS AND DUTIES OF THE COMMUNITY DEVELOPMENT BOARD AS PROVIDED FOR IN
CHAPTER 14 OF THE CODE; PROVIDING AN EFFECTIVE DATE.
Mayor Howell presented in full, in writing Ordinance No. 90-87-117 on
first reading.
Motion: Passage of Ordinance No. 90-87-117 on first reading. Cook x
Edwards x x
Morris x x
No discussion before the vote. Motion carried unanimously. Mayor Howell x
Howell set the Public Hearing for March 9, 1987.
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7. Action by the City Commission to authorize Smith and Gillespie Engineers
under the conditions of their continuing contract to undertake and prepare
an engineering report relative to drainage canal improvements in an amount
of $7,500.00
The City Manager reported the Commission had authorized him to make in-
quiries as to whether the drainage ditch on Seminole Rd. from 16th St.
north could be closed. Smith & Gillespie had advised him that ditch was
L part of a much larger drainage basin and would need to be coordinated
iith the other two or three ditches, namely the ones off Skate Road and
back of Publix Supermarket. They will talk to DER and DNR with the hopes
the ditches can be closed.
PAGE SEVEN V V
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FEBRUARY 23,1987 COMMRS. M S Y N
Item 7 - continued
Motion: Authorize Smith and Gillespie Engineers under the con- Cook x x
tinuing contract to undertake and prepare an engineering Edwards x x
report relative to drainage canal improvements in an Morris x
amount of $7,500.00 Howell x
No discussion before the vote. Motion carried unanimously.
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8. Adoption of Proclamation proclaiming April 1 through 30, 1987 as
Dial-A-Ride month
Mayor Howell advised the Mayors of the three beaches were proclaiming
April 1 through April 30, 1987 as Dial-A-Ride month. No action needed.
Miscellaneous
Commissioner Morris commented the present PUD Ordinance requires a mini-
mum of seven acres. The Community Development Board had been approached
to consider lowering the minimum acreage. He asked for input from the
Commission. Mayor Howell suggested the Community Development Board
consider requiring less than seven acres and send their recommendations
to the City Commission. Mr. Mullis suggested they look at the Growth
lanagement Act which contemplates development by contract.
Mayor Howell announced on Saturday, February 28th, at 10:00 a.m. ,the Dival
Delegation will be hearing some proposed bills. The City Attorney and the
Mayor were most interested in a bill presented by Senator A. E. Girardeau
and sponsored by Senator Girardeau and Representative Corrine Brown, byl
request. Mayor Howell read from the proposed bill "no portion of the
territory of the General Services District may be annexed by the second,
third, fourth, or fifth Urban Services District unless the Ordinance
enacted by any of such Urban Services Districts relative to the annexation
be approved by a majority of the registered voters voting in a referendum
to be held throughout the entire territory of Duval County." Mayor Howell,
Commissioner Edwards, and Mr. Fellows will attend the meeting.
Mr. Mullis commented on another bill presented by Representative Michael
Langton creating a waste water control Commission. It creates the lower
St. Johns River Duval County Water Quality Commission.
There being no other business to come before the Commission, the Mayor
declared the meeting adjourned at 9:45 p.m.
/(re/
ATTEST: 'ill'.m S. , ow•11
Mayor/Presiding Officer
Adelaide R.Tucker
City Clerk