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12-26-77 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA December 26, 1977 Call to Order Invocation and Pledge to Flag 1. Approval of the minutes of December. 12, 1977 2. Recognition of Visitors 3. Correspondence A. Beaches Council on Aging, Inc. 4. Report of City Manager 5. Unfinished Business A. Chairman of Advisory Planning Board - Mr. John F. Andresen B. E.D.A. Project - Mr. Parks C. Continued Public Hearing - Sea Turtle Restaurant and Hotel 110 6. Report of Committees A. Garbage Truck - Commissioners Van Ness and Mhoon B. Tennis Courts 7. Action on Resolutions A. Resolution #77-15 - Memorial and Resolution - Sgt. Richard L. Pike 8. Action on Ordinances 9. Miscellaneous Business A. Duval Beaches 201 Facilities Plan - Mayor Howell 10. Adjourn Copies to Advisory Planning Board MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON DECEMBER 26, 1977, AT 8:00 P.M. V V 'RESENT: William S. Howell, Mayor-Commissioner 0 0 Alan C. Jensen T T L. W. Minton, Jr. E E Catherine G. Van Ness, Commissioners D D AND: R. C. Vogel, City Manager Oliver C. Ball, City Attorney M S Adelaide R. Tucker, City Clerk 0 E T C ABSENT: James E. Mhoon, Commissioner I 0 Y NAME OF ONEN COMMRS . N D S 0 The meeting was called to order by Mayor Howell. The invocation, offerei by Commissioner Minton, was followed by the pledge to the flag. Approval of the Minutes of December 12, 1977 Jensen x x Minton x Motion: The minutes of the Regular Commission Van Ness x x Meeting of December 12, 1977, be approved Howell x as submitted. * * * * * * * * * * * * * * * * * * * * * * * * Recognition of Visitors Mayor Howell recognized Rev. Jordan, who stated that after conferring with the Mayor and others on the Donner Park improvements, it was his opinion that the plans as approved should be used and at a later date other additions could be installed. Rev. Jordan thanked Mayor Howell and the Commission for their continued efforts in improving Donner Park. Correspondence A. Beaches Council on Aging, Inc. Mr. Vogel commented that he had mailed copies of a letter received on the Beaches Council 's needs to the Commissioners. Mayor Howell suggested the matter be passed over until the next meeting as he would like to determine the intentions of the other cities before taking action. Jensen x x Motion: Action on Beaches Council on Aging, Inc. Minton x x be passed over until the next meeting on Van Ness x January 9, 1978. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * Unfinished Business A. Chairman of Advisory Planning Board-Mr. John F. Andresen Mr. Andresen reported on the following applications submitted to the Planning Board on December 20, 1977: j Page Two V V Minutes Names of December 26, 1977 Commrs. M S Y N Unfinished Business - Cont 'd 1. Mr. Edward Ashurian requested approval to construct a triplex under PUD on a lot zoned for a duplex at 2nd and East Coast. The application met all other requirements such as side lines, etc. Mr. Andresen observed that the Board recommended the triplex not be allowed. Mr. Ashurian then requested the matter be brought up at this meeting with a request for a Public Hearing. Motion: Public Hearing to be set for January 23, 1977 on an application for construction Jensen x x of a triplex at 2nd and East Coast Drive. Minton x x Mayor Howell requested a roll call vote. Motion Van Ness x passed. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * 2. Mr. Ash withdrew his building plans and advised the Board he would submit them at a later date. 3. Sea Turtle Restaurant and Hotel Additions - the Board recommended approval of the tennis court facility but did not recommend approval of the two-story parking lot. Mr. Andresen reminded the Commission that two members were not present to vote, but a lengthy discussion was held on the parking lot before voting disapproval. He noted that after checking several tennis courts he found the average fence height is ten feet and that the rendering does not show any specific fence heights. The Mayor queried Mr. Holloway, representing the Sea Turtle, if he still desired the Public Hearing in light of Mr. Andresen's report and he replied in the affirmative. Mr. Hollowaj remarked that it would not be feasible to construct the tennis and handball facility unless the parking structure could be built, as the remaining parking space would not satisfy the code. Mayor Howell announced that a public hearing was now open for a Planned Unit Development application for the Sea Turtle Hotel and Restaurant parking garage, tennis courts, handball courts, and sauna, and invite) the audience to examine the plans and offer comments from the floor. The chair first recognized Mr. Holloway, who expressed the opinion that notwithstanding some adverse discussions on the subject, he felt the property owner should be entitled to some consideration on how the land should be developed. He also stated the owners felt the entire facility would not be a violation of privacy to vicinal home- owners, and the Sea Turtle should be allowed, as other hotels in the area had been, to furnish these facilities to their guests. He then presented the rendering to the audience for their comments. Mr. Mike Jones, 128 Ocean Boulevard, asked why the owners could not use the south parking lot, as the handball court alone would be over 20' high. Mr. Holloway replied it would not be economically feasible for the owners in case they wanted to expand the room count at a later date. Commissioner Minton questioned the number of parking spaces that would be lost and the answer was approximately 30' to 50', depending on the parking plan. A lengthy discussion followed concerning the Page Three V V Minutes Names of December 26, 1977 Commrs. MS Y N Public Hearing - Cont 'd parking lot, noise, and lighting nuisance. Mr. Cliff Payne, 51 Beach Avenue, Mr. Ron Gray, 63 Beach, and Mrs. Gregg evinced opposition to the entire project. A comment was made that consideration had been made to sell memberships and charge for parking. Mr. Holloway expresoed the view there were no plans at this time to charge for parking. As no one else spoke for or against, Mayor Howell declared the Public Hearing closed. He advised the Commission of the action that could be taken, i.e. , move to approve the application as presented, move to accept recommendation of the Planning Board (i.e. , approve tennis and handball courts and disapprove the doubledeck parking structure), move to pass until the next meeting, or turn down the total concept. Commissioner Jensen noted he had personally discussed the matter with some home owners and businessmen in the area and they all opposed the total concept. Jensen x x Minton x Motion: The entire concept be denied for the Sea Van Ness x x Turtle Hotel application under PUD. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * 8. E. D. A. Project - Mr. Parks Mr. Parks, City Engineer, presented a progress report of the EDA project and the existing problems associated with the paving and drainage effort in Saltair Section 3. He requested approval of a change order to install two catch basins, including cross drains and street repairs on David Street in the amount of $3,698.50. Mr. Parks informed the Commission of the soil conditions on Sturdivant and Poinsettia and that tests would be conducted to determine the action which will be taken to complete the paving in the two areas. He also advised that since the last meeting, he had received a bid on a single sidewalk for Seaspray from Seminole to Poinsettia in the amount of $6,116.68 and the Commission agreed that Public Works could build the sidewalk for less money and could do so at a later date when money is available. A lengthy discussion followed concerning the acceptance of work of portions of the final payment of the sub-contractors. It was brought to the Commission's attention that the portion of a VC sewer line in catch basin #19 on Sturdivant had not been replaced by a steel pipe. Mayor Howell declared the matter must be corrected by the contractor. Mr. Vogel reported that an attorney had called stating a surveyor had located a fire hydrant (installed by Charles Smith 6 Son, Inc. ) which encroached on private property at Simmons Street. Mr. Steckla, Project Coordinator, and Mr. Walter J. Parks, City Engineer, advised that EDA requires immediate payment to sub-contractors upon completion of work and felt these problems could be dealt with in a satisfactory manner without holding up payment. Mr. Vogel offered to accept full responsibility to ascertain location of the fire hydrant and notify the Commission. Mayor Howell then asked for motions. Page Four V V Minutes Names of December 26, 1977 Commr's. M S Y N E. D. A. Project - Cont 'd Jensen x x Motion: Accept work (Parts III and IV) and Minton x authorize final payment due Chapman Van Ness x x Construction, Inc. Howell x * * * * * * * * * * * * * * * * * * * * * * * Motion: Accept work of and final payment to Charles Smith & Sons, Inc. , (Part II), Jensen x x subject to correction of fire hydrant Minton x encroachment on private property, if Van Ness x x such exists. Nowell x * * * * * * * * * * * * * * * * * * * * * * * Motion: Approve change order for two catch basins with cross-overs and street repairs Jensen x x and appropriating funds in the amount Minton x of $3,698.50 (transfer from Account 215 Van Ness x x to the EDA account). Howell x * * * * * * * * * * * * * * * * * * * * * * * Report of Committees A. Garbage Truck - Commissioners Van Ness and Mhoon Commissioner Van Ness presented a typed report of the justification and pros and cons of the bids. The Committee recommended the fourth bid, not the low bid, be awarded to Lee Chevrolet, Inc. , a Loadmaster on a Chevrolet body, in the amount of $28, 946.00 with trade-in. Motion: Accept Committee's recommendation and award the bid of a garbage truck to Jensen x x Lee Checrolet, Inc. , for a Loadmaster Minton x on a Chevrolet body, in the amount of Van Ness x x $28, 946.00 with trade-in. Howell x * * * * * * * * * * * * * * * * * * * * * * * * 8. Tennis Courts Mr. Vogel reported that due to the holiday season, it was not feasible to mail the specifications in time to call for bids and suggested the matter be passed until the next meeting. Commission agreed. Action on Resolutions A. Resolution #77-15 - Memorial and Resolution - Sgt. Richard L. Pika Mayor Howell presented and read in full Resolution No. 77-15, a Resolution and Memorial to Sgt. Richard L. Pike, who was accidentally killed on December 14, 1977. Page Five V V Minutes Names of December 26, 1977 Commrs. MS Y N Action on Resolutions - Cont'd Jensen x x Motion: Passage of said Resolution No. 77-15. Minton x Copy of Resolution 77-15 is attached Van Ness x x hereto and made a part hereof. Howell x * * * * * * * * * * * * * * * * * * * * * * * Commissioner Van Ness offered the suggestion that the pond in Howell Park be named Pike Pond to commemorate Sgt. Pike, and Mayor Howell suggested perhaps the football field at Russell Park should be named Pike Field. The Mayor appointed Commissioner Van Ness to decide on the appropriate type of commemoration and report back at the next meeting. Commission agreed. B. Resolution #77-16 - G. 0. Sewer Bonds Mayor Howell presented and read in full Resolution #77-16, redeeming ten 3. 90% General Obligation Sewer Bonds in the amount of $10,000.00, said Bonds bearing maturity date of April 1, 1977. Jensen x x Motion: Passage of Resolution 77-16. Minton x Copy of Resolution 77-16 is attached Van Ness x x hereto and made a part hereof. Howell x * * * * * * * * * * * * * * * * * * * * * * * C. Resolution 77-17 - G. 0. Sewer Bonds I Mayor Nowell presented and read in full Resolution #77-17 redeeming fourteen 7`6 General Obligation Sewer Bonds in the amount of $14,000.00, said bonds bearing maturity date of July 1, 1977. ' Jensen x x Motion: Passage of said Resolution # 77-17. Minton x Copy of Resolution # 77-17 is attached Van Ness x x hereto and made a part hereof. Howell x * * * * * * * * * * * * * * * * * * * * * * * D. Resolution 77-18 - Utility Revenue Bonds Mayor Howell presented and read in full Resolution 77-18 redeeming eleven 3.50% Utility Revenue Bonds in the amount of $11,000.00, said Bonds bearing maturity date of March 1, 1976; Utility Revenue Bond interest coupons which have become due September 1, 1976; and eleven 3.50% Utility Revenue Bonds in the amount of $11,000.00, said Bonds bearing maturity date of March 1, 1977; and interest coupons which have become due March 1, 1977. Jensen x x Motion: Passage of said Resolution 77-18. Minton x Copy of Resolution 77-18 is attached Van Ness x x hereto and made a part hereof. Howell x * * * * * * * * * * * * * * * * * * * * * * * Page Six V V Minutes Names of December 26, 1977 Commrs . M S Y N Action on Ordinances - None Miscellaneous Business A. Duval Beaches 201 Facilities Plan - Mayor Howell Mayor Howell suggested this item be passed over until the next meeting. Commission agreed. There being no further business, Mayor Howell declared the meeting adjourned. A Happy New Year greeting was exchanged by all. Ag64115 A Art Willi: owell , May. -Commissioner (SEAL) ATTEST: Adelaide R. Tucker, City Clerk RESOLUTION 77-16 WHEREAS, the City, of Atlantic Beach haS redeemed 10 -3 . 90% Sewer Bonds in the amount of $10, 000.00 , said Bonds bearing maturity date of April 1, 1977, and WHEREAS , the City has redeemed Sewer Bond interest coupons which have become due through September 30, 1977 . NOW, THEREFORE, BE IT RESQLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that the following numbered bonds totaling $10, 000. 00 be burned now received: Numbers 111 through 120 and that, The following numbered interest coupons be burned: Coupon #37 from 211-215 Coupon #38 from 121-300 The above and foregoing Resolution passed by the City Commission on December 26, 1977 . Attest: Adelaide R. Tucker (SEAL) City Clerk RESOLUTION 77-17 WHEREAS, the City 'has redeemed 14 - 7% General Obligation Sewer Bonds in the amount, of $14,000.00, said Bonds bearing maturity date of July 1 , 1977, and WHEREAS, the City has redeemed Sewer Bond interest coupons which have become due through December 31, 1977 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that the following numbered bonds totaling $14, 000.00 in value be burned now received: Numbers 57 through 70 and that, The following numbered interest coupons be burned: Coupon #12 from Bonds 51 - 500 The above and foregoing Resolution passed by the City Commission on December 26, 1977 . ATTEST: Adelaide R. Tucker (SEAL) City Clerk RESOLUTION 77-18 WHEREAS, the City of Atlantic Beach has redeemed 11 - 3 . 50% Utility Revenue Bonds in the amount of $11, 000.00, said Bonds bearing maturity date of March 1, 1976, and WHEREAS, the City has redeemed Utility Revenue Bond interest coupons which have become due September 1, 1976, and WHEREAS, the City of Atlantic Beach has redeemed 11 -3 . 50% Utility Revenue Bonds in the amount of $ 11,000, said Bonds bearing maturity date of March 1, 1977, and WHEREAS, the City has redeemed Utility Revenue Bond interest coupons which have become due March 1, 1977 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that the following numbered bonds totaling $22,000.00 be burned: Numbers 135 through 145 Nuirb ers 146 through 156 and that, The following numbered interest coupons be burned: Coupon #41 from Bonds 135 - 231 Coupon #42 from Bonds 135 - 231 Coupon #43 from Bonds 146 - 231 Coupon #44 from Bonds 146 - 231 The above foregoing Resolution passed by the City Commission on December 26, 1977 . Attest: ade a: .ems Adelaide R. Tucker (SEAL) City Clerk