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05-26-80 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA May 26, 1980 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of May 12, 1980 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board 5. City Manager's Report 6. New Business A. Stanley B. Gelman (representing Doris Peters) requesting rezoning or variance in zoning of Lot 8, Block 9, Subdivision A (7th Street in Atlantic Beach) B. Bill Howell (New Met Builders) requesting closing of part of Cypress St. 7. Unfinished Business A. Edward M. Booth - P.U.D. Application - 399 Beach Avenue - Public Hearing B. D. H. Stewart - P.U.D. Application - 702-846 Cavalla Road - Public Hearing 8. Report of Committees A. Bid Committee Report on New Racquetball Courts (Commissioners Mhoon & Minton) 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 67-80-6 - An Ordinance Amending Chapter 23 of the Ordinance Code, entitled "Subdivision of Land", Section 23-1, Subparagraph (2) , to provide for a definition of the phrase, "smaller than". - Second Reading B. Ordinance 40-80-10 - Amending Ordinance #40-79-9 known as Jacksonville Beaches Cable Television Ordinance" - Third & Final Reading - Public Hearing C. Ordinance 40-80-11 - Granting a Non-exclusive Franchise to Cox Cable Television System - Third & Final Reading - Public Hearing 11. Miscellaneous Business 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MAY 26, 1980 AT 8:00 P.M. V V 0 0 PRESENT: William S. Howell, Mayor-Commissioner T T L. W. Minton, Jr. E E Catherine G. Van Ness, Commissioners D D AND: Bill M. Davis, City Manager Oliver C. Ball, City Attorney M S Adelaide R. Tucker, City Clerk 0 E T C ABSENT: Alan C. Jensen I 0 Y James E. Mhoon, Commissioners 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 May 12, 1980 Motion: The Minutes of the regular Commission Meeting of May 12, 1980 Minton x x be approved as submitted. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Recognition of Visitors The Chair recognized Mrs. Hayes, who addressed a question to the chief of Police if the City had a noise limitation. Chief Stucki answered no, that any noise considered a nuisance should be reported. Advisory Planning Board Commissioner Van Ness announced that the final meeting on the comprehen- sive plan before the public hearing would be held on Tuesday night, May 27, 1980 at 7:30 P.M. and invited all interested citizens to attend. City Manager's Report Mr. Davis verbally reported that with the growing season here, the City is in the process of cutting vacant lots. He added that Stocks Street between west 6th and 9th is almost completed. New Business A. Stanley B. Gelman (representing Doris Peters) requesting rezoning or variance in zoning of Lot 8 Blk 9 (7th Street) Mr. Davis stated for the benefit of the Commission that Mrs. Peters was requesting a rezoning from Residence A to B,and the property in question was immediately adjacent to a Planned Unit Development piece of property. Mr. Gelman was recognized and added that duplex apartments are now located on both the east and west sides and across the street from Mrs. Peters' lot. He voiced the opinion that the property is not usable for anything but a duplex as no one would desire to build a single family residence PAGE TWO MINUTES V V MAY 26, 1980 Names of Commrs . M S Y N New Business - Stanley Gelman - continued next to a duplex. Minton x x Motion: The request be denied. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Bill Howell (New Met Builders) requesting closing part of Cypress The request to close part of Cypress St. was passed over until the next meeting due to the fact that a representative was not present in the audience. Unfinished Business A. Edward M. Booth - P.U.D. A•plication - 399 Beach Avenue-Public Hehring Mr. Davis announced that Mr. Booth's application had been approved by the Planning Board and the Mayor then turned the floor over to Mr. Booth for the Public Hearing. Mayor Howell asked about the proposed street shown on the original application and Mr. Booth answered that he planned to reconstruct a fifty to sixty foot coquina road up to the barriers. The question was asked what affect the reconstruction would have on parking and Mr. Booth answered none. There is presently a provision for three automobiles to park and thi; would remain the same. Mayor Howell suggested that the Commission address the question on just the proposed garage and let the matter of the street lay until a later date. As no one else spoke for or against, the Mayor declared the public hearing closed. Motion: Approve Mr. Edward Booth's Planned Unit Development Minton x x application for the garage portion on Mr. Booth' s Van Ness x x property. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. D. H. Stewart - P.U.D. Application -702-846 Cavalla-Public Hearin! Mr. Davis stated that Mr. Stewart proposed to convert an apartment complex immediately in back of a commercial center to townhouse condominiums to be sold as such, and added that the proposed project had been approved by the Planning Board. Mayor Howell declared the Commission in session for a Public Hearing and stated Mr. Stewart was present to answer questions. The question was asked where the parking would be located and Mr. Stewart answered that all parking would remain the same, in the rear. No parking would be on the stre-t. Mayor Howell asked what plans Mr. Stewart had for unsold units. He stated that approximately 25% of the units were already sold, and hoped to have all sold by Christmas. However, any unsold would be upgraded and rented. Discussion followed on keeping the two water meters (one for each block) or installing individual water meters for each unit. The Commission all agreed that individual water mete would be preferred by the City. Mr. Stewart stated the water was no in his name and would remain his responsibility until all units were PAGE THREE V V MINUTES Names of MAY 26, 1980 Commr s. M S Y N _ . Unfinished Business - Public Hearing - D.H.Stewart - continued sold. At that time, Mr. Stewart agrees to install individual water meters for all units. Since no one else spoke for or against, Mayor Howell declared the public hearing closed. Motion: Approve the Planned Unit Development application submitted Van Ness x x by Mr. D. H. Stewart. Minton X Howell x x The motion was carried with two ayes and one no. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Report of Committees A. Bid Committee Report on New Racquetball Courts(Commissioners Mhoon and Minton) The City Manager, acting as spokesman for the racquetball court committee, recommended that the City be approved to sub-contract where necessary,and otherwise, with its own labor forces, construct the racketball courts under the guidance and supervision of the City Engineer. This would require the Commission to throw out all bids. The action was so approved. Mr. Rick Giles, representing Eberling Builders, asked the question as to whether or not the City had any cost figures available. Mayor Howell answered that, as a condition of the approval for the City to enter into sub-contracting, that Mr. Davis and Mr. Parks were directed to acquire costs estimates. Mr. Giles wished to note, for the record, that he objected to this approach because it is his feeling that the City cannot accomplish the construction of the racquetball courts for the amount of money it has available. His objection is so noted. Action on Ordinances • A. Ordinance No. 67-80-6 AN ORDINANCE AMENDING CHAPTER 23 OF THE ORDINANCE CODE, ENTITLED "SUBDIVISION OF LAND", SECTION 23-1, SUBPARAGRAPH (2) , TO PROVIDE FOR A DEFINITION OF THE PHRASE, "SMALLER THAN". Said Ordinance was presented in full, in writing, and read by title only, on second reading. Motion: Said Ordinance be passed on second reading, by title Minton x x only. Van Ness x x Howell x Public Hearing set for June 9, 1980. * * * * *- * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Ordinance No. 40-80-10 AN ORDINANCE AMENDING ORDINANCE NO. 40-79-9, BEING AN ORDINANCE KNOWN AS THE "JACKSONVILLE BEACHES CABLE TELEVISION ORDINANCE" PAGE FOUR V V MINUTES Names of MAY 26, 1980 Commrs. M S Y N -- - Action on Ordinances - 40-80-10 - continued BY AMENDING SECTION 2 AND ADDING THERETO SUBPARAGRAPH "S" TO DEFINE "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 SECTION 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 PERFORM- ANCE BOND, 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 posted in line with Charter requirements. Mayor Howell then opened the meeting for a Public Hearing. The Mayor announced that this Ordinance was only up-dating the original cable television Ordinance that was passed on June 11, 1979 by upgrading it to conform with the final proposal that was accepted by the CATV Board. As no one spoke for or against, the Mayor declared the public hearing closed. Motion: Said Ordinance No. 40-80-10 be passed on third and Minton x x final reading. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x C. Ordinance 40-80-11 - Granting a Non-exclusive Franchise to Cox Cable Television System-Third and Final Reading-Public Hearing 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 on third and final reading by Mayor Howell. Said Ordinance was posted in line with Charter requirements. Mayor Howell then opened the meeting for a Public Hearing. Mayor Howell stated this Ordinance was identical to the Ordinances passed by Neptune and Jacksonville Beaches. A short discussion followed with Mr. Parks and the Mayor on the word "non-exclusive". As no one else spoke for or against, the Mayor declared the public hearing closed. Motion: Said Ordinance No. 40-80-11 be passed on third and Minton x x final reading. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Miscellaneous Business Commissioner Van Ness suggested they discuss the letter sent to the Mayor and City Commission from Tyson, Fancher and White, CPAs concerning the auditor' s comments for the year 1978-79. Mr. Davis stated that he was in the process of preparing his statement of explanation and rebuttal and his letter would be delivered to the Commission in the next few days. He added that all of the matters • • PAGE FIVE V V MINUTES Names of MAY 26, 1980 Commrs . M S Y N Miscellaneous Business - continued will be accomplished within the calendar year 1980, although it was not anticipated to be finished until approximately 1982. There being no further business, the Mayor declared the meeting adjourned. (SEAL) /i/i�e Wil 1.m :.'Howe Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk