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Exh 8EAGENDA ITEM 8E FEBRUARY 11, 2002 CITY OF ATLANTIC BEACH CITY COMMISSION MEETING STAFF REPORT AGENDA ITEM: Steven Rausch Tree Mitigation 301 Magnolia Street SUBMITTED BY: Don C. Ford DATE: February 5, 2002 BACKGROUND: June 16, 1996 -Tree Board approves permit to remove 115 inches of hardwood trees to include 8 inches of oaks. Mitigation will be to replace 57.5 inches of hardwoods to include 4 inches of oaks or pay $4743.75 into the tree replacement fund. December 3, 1996 -Building Official refuses to issue Certificate of Occupancy at 301 Magnolia, due to tree mitigation not completed. Payment agreement signed by Mr. Rausch. City Clerk records agreement in property book. December 6, 1996 -Letter from George Worley stating terms of agreement and enclosing copy of signed agreement. December 9, 1996 -Letter from Michael. Berry Esq. Of Gabel ~ Hair to Jim Jarboe stating agreement signed in duress due to holding of CO until. agreement made with Mr. Rausch. December 16, 1996 -Tree Board agrees to hear appeal of Rausch mitigation. Mr. Rausch or his representative does not show up for meeting. The Board reviews mitigation and denies request for reduction of mitigation. January 28, 1997 -The Code Enforcement Board levies a fine of $250.00 against Mr Rausch for removing trees not permitted by the Tree Board. October 27, 2001 - Mr. Rausch meets with Don Ford and requested .refund of three payments and "voiding" of agreement for tree mitigation. Information from Mr. Rausch turned over to the city attorney, October 29, 2001- Allen Jensen notifies M. Rausch of failure to pay agreement and possible legal action. AGENDA ITEM 8E FEBRUARY 11, 2002 November 8, 2001 - Mr. Rausch letter to Mayor, City Manager, and Don Ford requesting help in "voiding" agreement. November 13, 2001 -Allen Jensen letter to Mr. Rausch referring to City Commission for possible relief. Suggests Mr. Rausch pay according to agreement. RECOMMENDATION: Direct city attorney to proceed with case #o collect tree mitigation, interests and attorney's fees or send case to tree board to review possibility of reducing mitigation. APPROVAL 13Y CITY MANAGER AGENDA ITEM 8E FEBRUARY ll, 2002 CITY OF ~a~rt~c f'~'eac~ - ~~da _ 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE (904) 247-5800 ~~ FAX (904) 247-5805 rgr-..u~ SLTNCOM 852-5800 December 3, 1996 Stephen Rausch, 301 Magnolia Street Atlantic Beach, FL 32233 Re: Lot 307, Saltair Section 3 Atlantic Beach, FL 32233 Dear Sir. This letter shalt serve as an agreement between you and the City of Atlantic Beach for an extended payment plan for tree mitigation assessed against the above-referenced property. Fees due are as follows: TREE MITIGATION $4,743.75 We have determined that. payment of the above fees may be extended for a period of eighteen months for an amount due monthly $263.54 due and payable on the fifteenth day of each month. The first payment shall be due on the date of execution of this agreement with the next payment becoming due on January 15, 1997 and continueing on the 15th day of each month thereafter until paid in full. Failure to make scheduled payments shall constitute a violation of this agreement and the remaining balance shall become due immediately. Water and sewer service may be discontinued for nonpayment of fees due. Alien for the full amount shall be executed and recorded against the above. referenced property... The lien shall be in the form of a note and mortgage on subject property. The owner hereby agrees to pay all recording fees and costs involved with the execution of the note and .mortgage. Upon payment being made in full, the lien steal! be released of record: Please indicate your acceptance of the provisions of this agreement by signing in the place indicated. Your signature also signifies your agreement to indemnify and hold. , harmless the City of Atlantic Beach from any and all. damages resulting from your failure to timely make theabove payments, including reasonable attorneys fees and court costs. AGENDA ITEM 8E FEBRUARY 11, 2002 Stephen Bausch Page Two December 3, 1996 The City of Atlantic Beach looks forward to cooperating with you under this agreement. Signed, Sealed and Delivered in the CITY OF ATLANTIC BEACH presence of: ~~ a •~ C . r=o rz ~ By: C JI JARBOE,'tCITY MANAGER AS TO CITY MANA ER "~ ~J S N BAUSCH, APPLICANT AS`'t0 AP L CANT PR-ESa~1-rc~,a STATE OF FLORIDA COUNTY OF DUVAL Before me personally appeared JIM JARBOE, to me well known and known to be the City Manager of the City of Atlantic Beach, and who acknowledged before me that he .executed the foregoing instrument on behalf of the City of Atlantic Beach and for the purposes therein expressed. WITNESS my hand and official seal at Atlantic Beach, Duval County, Florida, this '-E'er day of December, 1996. NOTARY PUBLIC ..` ''~~ MAUREEN KING , ;• Notary Public. State of Florida STATE OF FLORIDA ;., ~a My Comm. Exp. Mar. 31, 1998 ~ ~ o~ i °p Comm. No. CC 359683 COUNTY OF DUVAL v Before me personally appeared STE9Y-lEN BAUSCH, to me well known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged before me that he executed the same for the purposes therein expressed. WITNESS, my hand and official sea/l~this 3i-eA.. day of December, 1996. I~G2,LOUZ4-+~:- NOT Y PUBLIC C ~'^ it , •o MAUREEN' KING •! Notary Puhlic, State otFtorida ~;`,. c~ MY Comm. Exp Mar. 3"; 1998 ~ of .~ Comm. No, 6C 359683 ~,~ AGENDA ITEM 8E ~,. FEBRUARY 11, 2002 .TREE CONSERVATION BOARD Minutes of December 16, 1996 The Board held its regular meeting the Conference Room of City Hall. Hope Van Nortwick, Chairpe Rick. Beaver Mae Jones Staff.:' George Worley, Designee on Monday, December 16, in Present were: rson Rlck Bell Judy .Jacobson Alan Jensen, City Attorney The meeting was called to order by Hope Van Nortwick, Chair- person, at 7:40 PM. ---t No representative, including the applicant, Mr. Rausch, his attorney, or the builder/contractor, was present. for the re- view of the reconsideration request of mitigation require- ments for Lot # 307, Saltair subdivision... Considerable discussion by the Board .took place on the issue, and the following points were made: the original tree survey submitted when the application first came before the Board was presumed to be accurate. The footprint of the house was "flipped" on the lot which moved the placement of the drive- way. This change affected the trees which"were removed but the revisions were not brought back before the Board. Very -few trees remain on the lot, and it is not possible at this time to determine the exact location, quantity or size of the trees removed. It was noted the some of the trees removed may have been on city fight of way and not a part of the original permitting. Members expressed that the con- fusion of the removal created a situation which could in- crease the mitigation requirements, not reduce them. It was discussed that the ordinance did not require that a professional survey be submitted with a tree removal appli- cation. However, when the survey is not professionally done, it is expected to be accurate so that the Board can rely on it to properly ,evaluate the removal proposed and the miti- gation, if required. AGENDA ITEM 8E i FEBRUARY 11, 2002 r. After final Board review, Judy Jacobson moved to deny the request for reduction of the mitigation requirements. Rick Bell seconded and the motion unanimously passed.. George Worley advised that the tree removal permit violation would be referred to Code Enforcement for their handling. He will meet with the Code :Enforcement Officer for this purpose. ~yand keep the Board members advised. On the subject of the January meeting schedule, it was agreed that the first meeting in January will be held, as scheduled, on Monday, January 6. The second meeting date falls on Mar- tin Luther King .Day, January 20, a city holiday. There is a conflict with meting rooms and dates for Tuesday, January 21. George and Carl will schedule a date for this meeting and so advise the Board. Under reports and announcements, Hope Van Nortwick questioned when the landscaping, approved by the Community Development Board, will begin at the .Atlantic Theater: George reported that the irrigation plan has been submitted and is being re- viewed by Public Works for approval. Johansen Park plans were also discussed and George estimated that it would probably be approximately 6 months before work would begin. Hope reported that the City Manager had con- tacted her and expressed that he wanted the Tree Board in- volved in all. phases of the project. Mae 3ones passed around aerial photographs and old postcards showing the palm trees in the area of the old Continental Hotel and surrounding property.. She expressed that some type of action should be taken for these trees and others which have been nominated as either historic or significant. Con- siderable discussion followed on the program and it was agreed that it would be helpful if the Board met as a group and studied the trees on site. George advised that this was 1 allowed under Sunshine Law requirements if notice of the meeting is properly posted. It was agreed that the work-shop type meeting would be held on Saturday, January 25, at 10 AM and would take place at the Adele Grage Community Center. George reported that he and Karl Grunwald, Code Enforcement ~ Officer, have reviewed the paperwork on the violation by ` Pulte Homes of removal of trees prior to permitting.- A special meeting may be called by the Code Enforcement Board during the latter part of January. Possibly the violation by Mr. Rausch could be reviewed at the same meeting.. The Board will be notified of the Code Enforcement. meeting date. 4 _ 2 - - ~i T ---- AGENDA ITEM 8E FEBRUARY 11, 2002 ALAN C. JENSEN Attorney at Law 935 North Third Street Post Office Box 50457 Jacksonville Beach, Florida 32240-Q457 Telephone (904) 246-2500 October 29, 2001 Mr. Steven Rausch 301 Magnolia Street Atlantic Beach, FL 32233 RE: Tree Mitigation Agreement with City of Atlantic Beach Dear Mr. Rausch: Facsimile (904) 246-9960 E-Mail: AJensenLaw~aol.com I am the City Attorney for Atlantic Beach. Enclosed is a copy of an agreement you signed with the. City on December 3, 1996. It is my understanding that you have only made three (3) payments under the agreement, the last one by your check dated February 17, 1997. You therefore still owe the City the sum of $3,953.13, which is due with interest since February 17, 1997. I would appreciate you contactirig me immediately upon receipt of this letter to make arrangements to pay your account in full, and no later than Wednesday, November 7, 2001. If you fail to contact me and make appropriate arrangements for payment of your account, obviously my client with have to consider all legal .recourse available to it. Such legal recourse could include filing suit against you to collect [he amount due, which would include interest at the statutory rate since February, 1997, court costs, and attorney's fees, as .provided for in the written agreement. Hopefully, no further acfion will be necessary and you will promptly pay the amount owed to the City, as you agreed to do. I would suggest your immediate attention to this matter. Thank you. Very truly yours, ~~ ALA .J SEN Enclosure ACJ/sky Cc: James R. Hanson, City Manager Don C. Ford, Building Official AGENDA ITEM 8E FEBRUARY 11, 2002 Mayor John Merserve City of Atlantic Beach November 8, 2001 Dear Mr. Merserve This letter is fo seek your help in resolving my situation and avoid any further unnecessary action. In 19971 removed several dead and. diseased pine frees with a combined diameter of 57 inches in order to build my house. This was done after repeated phone calls to City Planner, George Worley, which were never returned. Shortly thereafter, Atlantic Beach contacted me regarding this removal and requested 1 pay $4743.75. I made three payments of $263.54 each. I replaced the pine trees in .February 1997 with palm trees totaling 60 inches in diameter. Therefore, I feel 1 am entitled to a refund of $790.62. I am requesting your assistance in the refund of my money and the voiding of the contract with Atlantic Beach. Thank you in advance for any help you can provide in this matter.. l would appreciate hearing from you by the end of the month. Sinc ly, eve W. Ra c'h`1~---'-'\, cc: Alan Jensen, Esquire cc: Don Ford RECEIVED cc ro: ,^~~ cornmissiop . '_' `-try Manager ~CitYAttorney ^ Press ^ File Date; ~=~ 5 ~c ~ ,S~ f NOV n 9 20dY OFFICE OF THE CITY CLERK C'~¢s:aowv..~ of I=UGN'lj 7lJ~ri Fc'yann ~~~-a1(~ AGENDA ITEM 8E FEBRUARY 11, 2002 ALLAN C. J-ENSI+N Attorney at Iaw 935 North Third Street Post OtTce Box 50457 Jacksonville Beach, Florida 32240-0457 Telephone (904) 246-2500 Facsimile (904) 246-9960 E-Mail: AJencenLaw@aol.com November 13, 2001 Mr. Steven Bausch 301 Magnolia Street Atlantic Beach, FL 32233 RE: Tree Mitigation Agreement with City of Atlantic Beach Dear Mr. Bausch: Thank you for your letter of November 8, 2001, which I received last Friday. I will be more than happy to help resolve your situation, if I can, but you should refer to my prior letter to you dated October 29, 2001, and the agreement you signed with the City in December, 1996. I do not have. the authority to assist you in a refund of any monies paid or the. voiding of the agreement you signed. If you wish to pursue that. course, I would suggest that you contact the City Manager, Jim Hanson, and perhaps seek to be placed on the agenda at a City Commission meeting. Time is of the es nce in that the last ment ou made was in Feb 1997, and the City would therefore ave to initiate legal action ap~ainst you prior to ebruary .2002. It would be my ..recommendation to tie Cl`ty that you signed a valid agreement m December, 1996, and that the balance due is owed with interest, including court costs and attorney's fees if the City is required to initiate legal action. Please let me hear from you if I czn do anything further. ~Y ~Y Yom, ALAN SEN ACJ/sky Cc: James R. Hanson, City Manager Don C. Ford, Building Official