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04-28-80 v AGENDA • CITY OF ATLANTIC BEACH, FLORIDA April 28, 1980 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of April 14, 1980 2. Recognition of Visitors 3. Correspondence A. Jim Pastore representing Johann Enterprises, Inc. B. W. 0. Reinold, Executive Director, USO Council, Inc. 4. Advisory Planning Board A. Meeting of April 22, 1980 - Edward M. Booth - 399 Beach Avenue 5. City Manager's Report 6. New Business A. Approval of Corrected Selva Marina Unit 12-C Plat 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 10-80-13 - Alcoholic Beverages - Third & Final Reading Public Hearing B. CATV Franchise and Ordinance • 11. Miscellaneous Business 12. ADJOURN • MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON APRIL 28, 1.980 AT 8:00 P.M. V V O O ?RESENT: William S. Howell, Mayor-Commissioner T T Alan C. Jensen E E James E. Mhoon D D L. W. Minton, Jr. Cahterine G. Van Ness, Commissioners AND: Bill M. Davis, City Manager M S Oliver C. Ball, City Attorney 0 E Adelaide R. Tucker, City Clerk T C I O Y NAME OF ONEN COMMRS . N D S 0 The meeting was called to order by Mayor Howell. The invocation, offered by Commissioner Minton, was followed by the pledge to the flag. Approval of the Minutes of April 14, 1980 Jensen x Motion: The Minutes of the regular Commission Meeting of April 14, Mhoon x x 1980 be approved as submitted. Minton x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Recognition of Visitors Ir. Davis explained that Mr. Ed Bono, who was in the audience, had this day submitted his plans to remodel the former Collins Rug Company located at 625 Atlantic Blvd. Since Mr. Bono only desired to remodel the existing building, Mr. Davis asked the Commission to waive the rules and consider the matter. He added that the plans are in keeping with the building and zoning codes. Jensen x Motion: Waive the rules and approve the plans submitted by Mr. Ed Mhoon x x Bono to remodel the existing building at 625 Atlantic Blvd. Minton x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Correspondence A. Jim Pastore representing Johann Enterprises, Inc. Mr. Davis read,for the record, letters from Mr. Jim Pastore and Hunter Armentrout requesting their Planned Unit Development application on lots 6 and 7, Blk 34 be terminated and withdrawn due to economic conditions. There were no objections from the Commission and the PUD application submitted by Jim Pastore representing Johann Enterprises was withdrawn. B. W. O. Reinold, Executive Director, USO Council, Inc. Mayor Howell -acknowledged receipt of a request from Mr. W. O. Reinold, :xecutive Director, Greater Jacksonville Area USO Council, Inc. that the $500.00 appropriated to the USO for the fiscal year 1979/80 be sent to them at this time. Mr. Davis added that they also requested that an • PAGE TWO V V MINUTES Names of APRIL 28, 1980 Commrs. M S Y N Correspondence - continued - USO allocation in the amount of $1,500 be considered for the next fiscal year (1980-81) . Mayor Howell instructed the City Manager to file the request for consideration in the next budget. Mr. Davis read a letter from Miss Jean Dunbar, "Miss Jacksonville' 1980, who lives at 975 Seminole Road, Atlantic Beach. Miss Dunbar asked the Commission to consider placing an advertisement in the 1980 Miss Florida Pageant Program. Jensen x Motion: Approve purchase of $50.00 ad in the 1980 Miss Florida Mhoon x x Pageant Program Minton x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Advisory Planning Board A. Meeting of April 22, 1980 - Edward M. Booth-399 Beach Avenue Commissioner Van Ness reported that the Advisory Planning Board met on April 22, 1980 in regards to a Planned Unit Development application for Mr. Edward M. Booth, 399 Beach Avenue to improve the property and add a garage to the existing structure. The Planning Board approved the plans and application. Jensen t x Motion: Accept the Advisory Planning Board's recommendation Mhoon x x and set a Public Hearing on a Planned Unit Development Minton x x application submitted by Mr. Edward M. Booth. I Van Ness x ' ( Howell x Public Hearing was set for May 26, 1980. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * City Manager's Report Mr. Davis reported that residents of long standing on Stocks St in that section bounded by West 6th St on the south and west 9th St. on the north have recently been denied existing ingress and egress to their Places of residence. Said ingress and egress was over a piece of private property which has recently changed owner ship and the present owner is desirous of maintaining the sanctit of his property.Mr.Davis had Stocks Street from West 6th Street t West 9th Street staked out as to right of way by a registered land surveyor. He requested Commission approval to commence clearing of said right of way so as to provide access to resident fronting on Stocks Street, totaling two in number. Motion: Approve the City Manager's request to commence cleari Jensen x j Mhoon a right of way to provide access to residents frontin Van Ness x j on Stocks Street. Work to be accomplished with City Minton x ! * * * * 19;c751 * * * * * * * * * * * * * * * * * * * * * * * Howell • • PAGE THREE V V MINUTES Names of APRIL 28, 1980 Commrs. M S Y N --- New Business Mayor Howell advised that on March 24, 1980, the Commission had approved the plat for Selva Marina Unit 12-C. A member of the firm of Northeast Florida Surveyors, Inc. transposed some tangent directions while preparing the plat and the error was not caught until after the Commission approval and the plat was recorded. Th- Mayor asked for a motion to approve the corrected plat. Jensen x Motion: Approve the corrected Selva Marina Unit 12-C plat. Mhoon x x Minton x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Action on Ordinances A. Ordinance No. 10-80-13 AN ORDINANCE AMENDING SECTION 3-3 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH TO DELETE ANY REFERENCE TO ROLAND'S RED BARN; PROVIDING A DEFINITION SECTION TO BE NUMBERED 3-1; ADDING NEW SECTIONS 3-6 AND 3-7 CONCERNING DISTANCE LIMITATIONS FOR THE RETAIL SALE, SERVING OR CONSUMPTION OF ALCOHOLIC BEVERAGES; ADDINe NEW SECTION 3-8 CONCERNING THE TRANSFER OF EXISTING ALCOHOLIC BEVERAGE LICENSES; RE-NUMBERING OF CERTAIN EXISTING SECTIONS; PROVIDING AN EFFECTIVE•DATE. Said Ordinance was presented in full, in writing, and read on third and final reading by Mayor Howell. Said Ordinance was post ed in line with Charter requirements. Mayor Howell then opened ` the meeting for a Public Hearing. Mrs. Koenig, 708 Redfin Drive, asked what changes were made and the Mayor answered that the only change was to set distance limitations (1500') on where alcoholic beverages licenses can be issued. Any business presently license will be grandfathered in. Mrs. Gregg, 905 Sailfish Drive, asked if the noise factor would pertain to certain hours and the Mayor replied this would be in effect twenty-four hours per day. As no one else spoke for or against, the Mayor closed the Public Hearin . Jensen x Motion: Said Ordinance No. 10-80-13 be passed on third and Mhoon final reading. Minton x x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. ORDINANCE 40-80-10 AN ORDINANCE AMENDING ORDINANCE NO. 40-79-9, BEING AN ORDINANCE KNOWN AS THE "JACKSONVILLE BEACHES CABLE TELEVISION ORDINANCE" BY AMENDING SECTION 2 AND ADDING THERETO SUBPARAGRAPH "S" TO DEFINE "FRANCHISE AWARD ORDINANCEY DELETING SECTION 4(F) (3) IN ITS ENTIRETY: DELETING SECTION 5 IN ITS ENTIRETY AND CREATING A NEW SECTION 5 TO PROVIDE FOR ADDITIONAL SYSTEM DESIGN; DELETING SECTION 6 IN ITS ENTIRETY AND CREATING A NEW SECTION 6 TO PROVIDE '--" • • PAGE FOUR V V MINUTES Names of APRIL 28, 1980 Commrs. MS Y N Action on Ordinances - continued FOR ADDITIONAL TECHNICAL STANDARDS; DELETING SECTION 7(F) IN ITS ENTIRETY AND CREATING A NEW SECTION 7(F) TO PROVIDE FOR AN ADDITISNAL PERFORMANCE BOND, PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and read by tit e only, on first reading. Mayor Howell requested that the rules be waived due to a late submission. Jensen x Motion: Rules be waived and said Ordinance be passed on Mhoon x x first reading, by title only. Minton x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x ORDINANCE NO. 40-80-10 AN ORDINANCE AMENDING ORDINANCE NO. 40-80-9, BEING AN ORDINANCE KNOWN AS THE "JACKSONVILLE BEACHES CABLE TELEVISION ORDINANCE" • BY AMENDING SECTION 2 AND ADDING THERETO SUBPARAGRAPH "S" TO DEFI E "FRANCHISE AWARD ORDINANCE"; DELETING SECTION 4 (F) (3) IN ITS ENTIRETY: DELETING SECTION 5 IN ITS ENTIRETY AND CREATING A NEW SECTION 5 TO PROVIDE FOR ADDITIONAL SYSTEM DESIGN; DELETING SECTI• 6 IN ITS ENTIRETY AND CREATING A NEW SECTION 6 TO PROVIDE FOR ADDITIONAL TECHNICAL STANDARDS; DELETING SECTION 7(F) IN ITS ENTIRETY AND CREATING A NEW SECTION 7(F) TO PROVIDE FOR AN ADDITIONAL PERFORMANCE BOND, PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and read by title only, on second reading. Mayor Howell requested that the rules be waived. Jensen x Motion: Rules be waived and said Ordinance be passed on Mhoon x x Second reading, by title only, on emergency. Minton x Van Ness x x Public Hearing was set for May 26, 1980. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ORDINANCE NO. 40-80-11 AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO COX CABLE OF JACKSONVILLE BEACHES, INC. , TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF ATLANTIC BEACH; AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE. Said Ordinance was presented in full, in writing, and read by 4 title only, on first reading. Mayor Howell requested that the rules be waived. Jensen x Motion: Rules be waived and said Ordinance be passed on first Mhoon x x reading, by title only. Minton x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .. ..- x PAGE FIVE V V MINUTES Names of APRIL 28,1980 Commrs . MS Y N ACTION ON ORDINANCES - continued AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO COX CABLE OF JACKSONVILLE BEACHES, INC. , TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF ATLANTIC BEACH; AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF THE FRANCHISE. Said Ordinance was presented in full, in writing, and read by title only, on second reading. Mayor Howell requested that the rules be waived. Jensen x Motion: Rules be waived and said Ordinance be passed on Mhoon x x second reading, by title only, on emergency. Minton x Van Ness x x Public Hearing was set for May 26, 1980. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * There being no further business, the Mayor declared the meeting adjourned. 10°."; wil am S. owel Mayor-Commissioner (SEAL) I ` ATTEST: t &Gedkce' ,eaLdelt-> Adelaide R. Tucker City Clerk CITY OF Atti344 G - Rosida 411 716 OCEAN BOULEVARD—DRAWER 25 ATLANTIC BEACH. FLORIDA 32233 April 28, 1980 CITY MANAGER'S REPORT Residents of long standing on Stocks Street in that section bounded by West 6th Street on the south and West 9th Street on the north have recently been denied existing ingress and egress to their places of residence. Said ingress and egress was over a piece of private property which has recently changed ownership and the present owner is desirous of maintaining the sanctity of his property. I have had Stocks Street from West 6th Street to West 9th Street staked out as to right of way by a registered land surveyor. I respectfully request approval of the City Commission to commence clearing of said right of way so as to provide access to residents fronting on Stocks Street, totaling two in number. Respe lly sub it -d, // ///6( Bil avis City Manager BMD:j l • 411 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 City Manager City Attorney City Clerk-Treasurer-Comptroller Chief of Police Director of Public Works and Fire Department GLENN A EDWARDS