01-14-80 v AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
January 14, 1980
Call to Order
Invocation and Pledge to Flag
1 . Approval of the Minutes of December 27, 1979
2. Recognition of Visitors
A. Mr. Bob Wittenmyer re proposed ordinance to protect property values
3. Correspondence
4. Advisory Planning Board
5. City Manager's Report
6. New Business
7. Unfinished Business
8. Report of Committees
9. Action on Resolutions
10. Action on Ordinances
A. Ordinance 70-79-9 - Exemptions from Utility Tax - Third & Final
Reading - Public Hearing
11 . Miscellaneous Business
OV)/.
12. Adjourn M\CRD
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON JANUARY 14, 1980 AT 8:00 P.M. V V
'RESENT: t itt i,am S. Howett, Mayon-Comm-vs4t ones 0 0
A.Lan C. Jensen T T
James E. Mhoon E E
Cathetr.ine G. Van Nees, Commissioners D D
AND: BCU M. Davis, City Manages M S
Otivek C. BaLL, City Attorney O E
Adetai.de R. Tucketc, City Ctekk T E
ABSENT: L. W. Menton, _Th. , Commizzionei I 0 Y
NAME OF ONE N
COMMRS. N D S 0
The meeting was ca ted to order by Mayon Howett. The invocation, o66eced
by CommAs4.Lonec Van Ness, was Ottowed by the p.Ledge to the gag.
Approval ob the Minutes a6 December 10th and 27, 1979 Jensen x K
Motion: The Minutes o4 the ReguLan Commizzion Meetings of December 10th �ahvoi°N�s x
and December 17, 1979 be approved as submitted.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howett +c
Recognition Icon ob V-is,itou
le Chani, recognized Mns. Ruth Gregg, 905 Sant sh Pave, who asked the
ue� ob Police to deb.ine the duties ob the schao-L crossing guard, and
Ch ieb Stuck.% stated het duties we'.e to help the chi.Ldnen acn.oss the stheet.
Mns. Gregg .inquviced why the guard could not assist .in tnqiLc jams and the
Ch.ie4 answered that a t a is jam would be the nesponsLb- L.ity of a Po.eLce
Oiiicer..
Mayor Howett Aecogni.zed Mn.. Robert M. (U.cttenmyec, 513 Viking Lane, who
nepnesented a gnaup ob citizens in the audience PAom the Seaspnay Sub-
division. Mn.. Wittenmyer expressed theik concern oven the City a towing
the Newmet Conponation, a Land development Company, to bui.Ld a home that -&s
.Lowes in value than the existing homes in the area. The question was
raised as to the City's minimum square 600tage nequitr.ement, and MA. Davis
assented that he, as bui.LdLng .cnspecton, checked each dweL.L.ing persanaLLy.
ASL ResLdentLaL "A" zoned homes must meet the minimum 1200 sq. it.
(measured bnom the exter ion measurements rather the .rote ion) . The SoLLow-.ng
Aesidents alt expressed their opinions that tib homes under the FHA 235
program were attowed to be constructed the property values o4 the existing
homes would de4.i.nite.Ly be .Lowered: Mn.. T. R. Thompson, 501 C'w-L ec Lane,
Mns. SteLLa 0s bonne, 512 Viking Lane, Mn. Fred KLLng er, 524 Viking Lane,
and Mn. Mack J. Pettit, 572 Seaspnay Avenue. Mn.. Pettit asked what steps,
any, could the group,as a who-Le., take to prevent this type o4 constAuc#-
ian. The City Attorney, Mn.. BaL.L, expressed the view that -L the common
owner who subdivided the property had .included covenants and nesttic Lons
.in the deeds grunted this wautd not have happened. Mn. Davis suggested
`',.at he schedule a meeting between the homeowners and the developer to
tempt to negotiate a settlement the matter.. Mn.. Cantos Jones agreed
and asked Mn.. Davis to atvrange the meeting as soon as ,pass.ib-Le..
PAGE TWO
MINUTES v v
JANUARY 14, 1980 Names of
Commr s. M S Y N
- -Advisory P.eann.ing Board
CommLs4s.ionen Van Ness neponted that the next meeting -us scheduled bot
Tuesday night, January 29, 1980 at 7:30 P.M. .in the City Hat. She
stated that they plan to began to wrap up the Campnehens-.ve Plan and
invited ale .interested citizens to attend.
City Manager's Report
Mr. Davis verba ty presented his nepant stating that the City ob
Adan Lc Beach hays been notib.ied that Ates permit to necu,event Sem-Lno.e
Road, The Plaza, and 11th Street has been approved by the Depatctment 0 ,
Natut at Resoutcces. He advised that the City has been -ebunded appnox i-
mate.y $1, 100 .in excess .interest changes on the original computer
instaeeation set in motion by the Commission in November 1978. Atso,
the second disk dtrive approved by the Commission £n the 1979/80 budget
has been instated and wee enable the accounting section to maintain
on line a.e e the wtL ity bitting4 with ditec t ingw&ty 4tatws at all t-i.m' . .
Mr. Davi4 announced that the next meeting ob the Board ob Adjustment
us
scheduled bon Januatcy 17, 1980 at 7:30 P.M. .in the City Hage. The
Boated wLU hear three applications bon vatriancei. He invited any
.c.ntenested res.cdens to attend.
.lc tion on Ordinances
A. Ordinance No. 70-79-9 - Exemptions bnom UtIli-ty Tax - Th'td and
Final Reading - Public Heating
AN ORDINANCE AMENDING CHAPTER 8, SECTION 17, OF THE ATLANTIC BEACH
CITY CODE ENTITLED "EXEMPTIONS FROM UTILITY TAX"; BY ADDING THERETO
FURTHER EXEMPTIONS; PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented .in butt, in writing, and read on third
and Sinal nead.ing by Mayon Howele. Said Ond.inance was posted .in line
with. Chanter regaL'temen-t . Mayon Howett then opened the meeting bon.
a Public Heating. As no one spoke bon an against, the Mayon ceased
the Public Heating.
Jensen x x
MhoMotion: Said Ordinance No. 70-79-9 be passed on th 'i.d and b.inae Van N
Van Nees x x
* * * * nead.ing. * * * * * * * * * * * * * * * * * * * * * * * * * Howell x
Mayon Howell announced that on Januatcy 23, 1980 (Wednesday) at 10:00 A
at Jax Beach City Hatt the CATV Board w tt be holding a meeting with t e
eonzultant and any ()then. Jn.te e6ted peuonu who may wish to attend.
There being no bwt-thex business, the Mayon deceaned the meeting
adjourned.
SAL) -///
W i*Cm
ATTEST: Mayon-Commissioner
?fid'', "d4e
u er
r:1r, pcohh
CITY OF
716 OCEAN BOULEVARD—DRAWER 25
ATLANTIC BEACH, FLORIDA 32233
January 14, 1980
CITY MANAGER'S REPORT
The City of Atlantic Beach has been notified that its permit to reculvert
Seminole Road, The Plaza, and 11th Street has been approved by the
Department of Natural Resources. You will recall this item was requested
in the budget but was not funded for construction during the current year.
Mr. Parks and I determined that it was best to pursue the application and
have such in hand in case we decided to enlarge the water flow in future
years.
The City has been refunded approximately $1 ,100 in excess interest charges
on the original computer installation set in motion by this Commission in
November 1978. Additionally, the second disk drive approved by the
Illv Commission in the 1979/80 budget has been installed and such is being
installed at the present time. You will recall this additional disk
system will enable our accounting section to maintain on line all our
utility billings with direct inquiry status at all times.
The Board of Adjustment has scheduled a meeting for January 17 and has
before it three (3) applications for variances. Should you desire to attend,
the meeting will commence at 7:30 P.M.
The "thrill bump" on Seminole Road just south of the Police Station has been
eliminated, hopefully permanently.
Resp fully su ri ted,
/ 1B 1 . Da is
City Manager
BMD:j1
01111
WILLIAM S. HOWELL JAMES E. MHOON ALAN C. JENSEN L. W. MINTON, JR. CATHERINE G. VAN NESS
Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner
BILL M. DAVIS OLIVER C. BALL MRS. ADELAIDE R. TUCKER CARL STUCKI RICHARD HILLIARD
City Manager City Attorney City Clerk-Treasurer-Comptroller Chief of Police Director of Public Works
and Fire Department
// BOB GRAHAM
825 NORTHWEST 23RD AVENUE 1< J GOVERNOR
SUITE Gi,uI JACOB D.VARN
GAINESVILLE,FLORIDA 32601 SECRETARY
i/ '
��a nod
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
ST. JOHNS RIVER SUBDISTRICT BRANCH OFFICE
January 21, 1980
John N. Gearhard
328 10th St.
Atlantic Beach, FL 32233
Dear Mr. Gearhard:
As we advised you on Dec. 28, 1979 , your application is
incomplete without local approval , pursuant to Section 253 . 124 ,
Florida Statutes , for filling waterward of the existing mean/
ordinary high water line.
Please submit the enclosed copy of our biological comments
together with your permit application to the Board of County
Commissioners/City Council or their authorized permitting
authority. Section 253 . 124 , Florida Statutes , states that the
county commission/city council " . . . shall have in hand the
(biological) report and findings thereof . " It further states ,
"The report shall be read into the record and duly considered
at the same meeting at which the board of county commissioners
or other authorized body takes final action on the application
for permit. "
You will need to obtain a copy of the minutes of the meeting
or an appropriate indication of the local approval . This
letter, resolution or copy of the minutes should be sent to
this office. Your application will remain incomplete without
valid local approval. If you have any questions concerning
this procedure, please contact us .
Sincerely,
(4/
William Coulombe
Environmental Specialist II
Enclosure
WC/cv
DER Form 17-1 . 122 (50)
- - �WMfw\
DEPARTMENT OF ENVIRONMENTAL REGULATION
PERMIT APPLICATION APPRAISAL
File No. ; 16-25716-2E County: Duval Date :
Applicant Name : John N. Gearhard jn .
Address: 328 10th Street, Atlantic Beach, FL 32233 ,}t•
Agent (if applicable) : N/A 113
1
' H��7
Address : N/A
CAIh� vILL
Location of project : Section (s) 18 Township 2S Range 29E
Section (s) Township Range
Local Reference : Atlantic Beach
Water Body: Pablo Creek
Water Classification of Project Area: III Adjacent Waters : III
Aquatic Preserve : N/A
Outstanding Florida Waters : N/A
On site inspection by: T. J. Deuerling
Date of Inspection : 1-11-80 Original Application : Yes • No_
Revised Application : Yes No Date : Date of 2nd Insp.
Biological and Water Quality Assessment
A. Description of proposed project and construction techniques .
Quantify area of project which extends into waters of the state
(including the submerged lands of those waters and the transi-
tional zone of the submerged land) as defined in Section 17-4 . 02
and Section 17-4 . 28 , Florida Administrative Code.
B. Biophysical features of general area. Include comments concernin
extent of development of adjoining properties as well as relevant
historical facts about the area.
C. Biophysical features of specific project site and spoil site if
applicable. Include identification of bottom types and any
relevant historical facts about the area of the project.
D. Potential impact of project on biological resources and water
quality. Address long-term impact as well as immediate impact
for all aspects of the project.
E. Suggestions , where appropriate , for modifications that may reduce
or minim; 7A
mow.
GEARHARD, JOHN N.
16-25716-2E
Duval County
The applicant proposes to fill in a boat launching slip (dug
previously) with approximately 55 cubic yards of material obtained
from land clearing operations . All fill will be placed waterward
of the mean high water (MHW) line. The applicant proposes to place
a large mesh fence (if permitted) across the opening until the slip
is filled completely, at which time it will be removed.
Pablo Creek is a large tidal tributary of the St. Johns River
originating in southeastern Duval County . The creation of the
Intracoastal Waterway system by the Army Corps of Engineers has led
to the dredging and rerouting of many portions of the creek. Other
major alterations in the area include spoil disposal sites associat<
with Intracoastal Waterway construction, numerous mosquito control
ditches , limited waterfront development, and the Jacksonville Shipyz
dry dock facility. A trend toward increasing waterfront development
will undoubtedly place additional stresses on the system in the futt
Pablo Creek presently supports an extensive smooth cordgrass (Sparti
alterniflora) -black rush (Juncus roemerianus) tidal marsh community
which serves a variety of vitally important functions including
trapping sediments , acting as a reservoir for nutrients and other
chemicals , and providing a suitable habitat for the survival of a
large number of fauna.
The project site is located in the upper tidal marsh associated witt
the eastern bank of Pablo Creek approximately 0 . 75 miles north of
SR 10 . The boat slip was dug from the surrounding marsh 7 years agc
(according to the applicant) . It is contiguous with an existing
mosquito control ditch adjacent to the applicant ' s property.
The uplands of the project site are characterized by a mixed pine-oa
(Pinus-Quercus) community with some cabbage palm (Sabal palmetto) an
southern red cedar (Juniperus silicicola) . The area is sparsely
developed residentially with single family houses in a rural setting
Future plans for the area include heavy residential development.
Several acres of the adjacent uplands have been cleared of vegetatio
presumably in preparation for development. This land clearing
operation has proceeded to the edge of th" boat slip (see photo).
Near the water' s edge saltbush (Baccharis sp. ) , wax myrtle (Myrica
cerifera) , and water pennywort (Hydrocotyle sp. ) are common, grading
to a small zone of cordgrass (Spartina bakeri). Smooth cordgrass
(Spartina alterniflora) predominates as one enters the tidal marsh
proper. Black rush (Juncus roemerianus) is also found, but is
scattered about in small patches .
Sediments of the area consist of sand, silt, mud and shell.
The proposed activity will permanently eliminate approximately 3 ,000
square feet of aquatic habitat , precluding utilization by fish and
wildlife. The area was disturbed many years ago when the boat slip
and mosquito control ditches were dug ; however, since that time
recolonizatinn by ac3antahle snpriPs has unrinnhtarlly nr-r-i,rrr.a
GEARHARD, JOHN N.
16-25716-2E
Page two
Additional problems associated with water quality may be encountered
due to turbidity generated during the project. The type of fill
material used as well as the method of containment suggested could
prove incompatible with the maintenance of Class III waters
(FAC 17-3) in the area.
V
r 1
,_ MAP SHOWING SURVEY OF
-o- - 1 , 2 , 3, 4 , 5, 6 , & 7 , Block 175 , as shown on the i'lat of Atlantic
,e 1 , Section H, as recorders in Plat hook 18 , ,r,Ao 34 of ti-,c Curre;,t
'ublic Records of Duval County , Florida.
For : Carl Grinder
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