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