02-08-82 v • ~w AGENDA
CITY OF ATLANTIC BEACH, FLORIDA
February 8, 1982
Call to Order
Invocation and Pledge to Flag
1. Approval of the Minutes of January 25, 1982
2. Recognition of Visitors
3. Correspondence
A. Request by Mr. Ernest (Rocky) Russell to make application for a Planned
Unit Development - Saltair Subdivision, Lot 691
B. Response to complaint. RE: Auto Repair, 735 Redfin Drive
4. Advisory Planning Board
A. Application by Mrs. Margaret Then to Amend Planned Unit Development
at 193 Beach Avenue
5. City Manager's Report
A. Item #1 - Dedication of Streets
B. Item #2 - Rehabilitation of Pier at the Cloister Condominiums
C. Item #3 - Audit Report for Fiscal Year Ending September 30, 1981
D. Item #4 - Amending CDBG Housing Rehab Guidelines
E. Item #5 - Authorization to purchase Alert Pagers through the State Contract
11111
6. New Business
7. Unfinished Business
A. PUD Application by TRECO, Inc. - Public Hearing
8. Report of Committees
A. Report of Parking Committee
9. Action on Resolutions
10. Action on Ordinances
A. Ordinance No. (to be presented by the City Attorney)
B. Ordinance No. (to be presented by the City Attorney)
C. Ordinance No. 40-82-11 An Ordinance amending Ordinance No. 40-80-11, The
same being the Ordinance which granted 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.
11. Miscellaneous Business
12. ADJOURN
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MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY
COMMISSION HELD AT THE CITY HALL ON FEBRUARY 8, 1982 AT 8:0OPM V V
0 0
&RESENT: Robert B. Persons, Mayor-Commissioner T T
William I. Gulliford, Jr. E E
Alan Jensen D D
Preben Johansen
Catherine G. Van Ness, Commissioners
M S
AND: A. William Moss, City Manager 0 E
Oliver C. Ball, City Attorney T C
Adelaide R. Tucker, City Clerk I 0 Y
NAME OF ONEN
COMMRS. N D S 0
The meeting was called to order by Mayor Persons. The invocation,
offered by Commissioner Van Ness, was followed by the pledge to the flag.
Approval of the Minutes of January 25, 1982
Gulliford x x
Motion: The minutes of the regular Commission meeting of January Jensen x
25, 1982 be approved as submitted. Johansen x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Correspondence
A. Request by Mr. Ernest (Rocky) Russell to make application for a
Planned Unit Development - Saltair Subdivision, Lot 691
Mr. Moss stated that Mr. Russell was requesting authorization to constru:t
three townhouse units on lot 691 Saltair Subdivision which is zoned
Residence "C". Multiple dwelling units for three or more families are a
permitted use for Residence"C" zoning.
Motion: Accept Mr. Russell's Planned Unit Development application and Gulliford x
refer it to the Advisory Planning Board. Jensen x x
Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
B. Response to complaint. Re: Auto Repair, 735 Redfin Drive
Copies of the correspondence mailed to the resident at 735 Redfin Drive
were submitted to the Commission with the agenda. Mr. Moss reported tha:
after visiting the house, he was of the opinion that this was a question-
able type of repairs and planned to investigate further to determine
whether it is,, in Fact, a business. The Mayor asked him to report back
at the next meetinc;.
Advisory Planning Board
A. Application by nrs. Margaret Then to Amend Planned Unit Development
at 193 Beach Avenue
PAGE TWO
MINUTES V V
FEBRUARY 8, 1982 Names of
Commrs. MS YN
Advisory Planning Board - continued
Mayor Persons advised that the Advisory Planning Board's recommenda-
tion was submitted in five separate facets and suggested that each be
considered separately. Before discussion, the Chair recognized Mrs.
Then's attorney, Mr. B.L. Bartlett. Mr. Bartlett stated that he had
sat in with the Advisory Planning Board meetings and he had discussed
the issue at length with Mrs. Then. They respectfully requested that
in light of the Advisory Planning Board's ruling at their last meetin:,
that they withdraw the last four items on the agenda and in essence
requested the Commission's approval for adding only the invalid eleva or
and the servicing balcony and the servicing porch and stated that the,
were withdrawing items 2,3,4, and 5 finally and absolutely. Discussion
followed. Mr. J. M. Jones, 161 Beach Avenue, was recognized by the
Chair and stated at great length that he objected to the balcony, but
was undecided on the elevator, depending on whether it is constructeo
inside or outside. Mrs. Then said that the elevator will be open on
the outside of the house, and the balcony is only to serve as ingress
and egress for the elevator.
Motion: Accept the recommendation of the Advisory Planning Boar. Gulliford X X
as a tentative plan on the request by Mrs. Then for a P i Jensen X
amendment at 193 Beach Avenue for the addition of a smal Johansen X X
balcony to the east and south side of the third floor Van Ness X
unit and dormer, and the installation of an invalid Persons X
elevator, and consider items 2, 3, 4, and 5 withdrawn,
finally and absolutely.
The Public Hearing was set for March 22, 1982.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ..
City Manager's Report
A. Item #1 - Dedication of Streets
Mayor Persons suggested that since Mr. George Bull, Sr. is out of
the City, the item be deferred until the next meeting.
Motion: Defer any action on Mr. Bull's request for determinatio Gulliford X X
on dedication of streets until the next regular Commiss onJensen X
meeting on February 22, 1982. Johansen X X
* * * * * * * * * * * * * * * * * * * * * * * * * :: * * * * * * Van Ness X
Persons X
B. Item #2 - Rehabilitation of Pier at the Cloister Condominiums
The City Manager reported that the Cloister Condominiums Association
was proposing to rebuild the private pier on the ocean front. The
project involves the rebuilding of the first 158 feet of the pier,
and the construction of a 20' x 20' "T" deck at the end of the pier.
Commissioner Johansen inquired as to the proposed height, length,
and what impact the rehabilitation would be to future erosion.
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Commissioner Jensen opined that the renovation of the pier should
be placed in the same category as the restoration of old historical
homes, and totally approved of the project. Mr. Bingemann, represen ing
the Cloister Condominiums, stated that D.N.R. has been in to inspect
PAGE THREE
MINUTES V V
FEBRUARY 8, 1982 Names of
Commr s. M S Y N
City Manager's Report - continued - Item #2
and verbally have given their approval of the project. He added that
the pier will stay the same distance as it was, the height will re-
main the same with an opening of 20' for emergency vehicle driveway.
Commissioner Gulliford moved for the following motion:
Motion:Write a letter to the Cloister Condominiums indicating that Gulliford x x
the rehabilitation of the existing 158'pier is not in Jensen x
violation of local setback requirements, zoning, and Johansen x x
building codes. Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Item #3 - Audit Report for Fiscal Year Ending September 30, 1981
The audit report was presented to the Commission for their perusal.
The City Manager suggested that the Commission invite representatives
from Tyson and Swindell,CP.A. 's to discuss the audit on February 22,
1982. Commission agreed. Commissioner Gulliford asked why did the revenue
from electric franchise go down substantially, and Mr. Moss responded
that the revenue of $115,000 was not received until October 11, 1981
and is booked in the new fiscal year.
Item #4 - Amending CDBG Housing Rehab Guidelines
Mayor Persons explained that Mr. Larry Stokely, Community Develop-
ment Administrator, was requesting that an amendment be approved
to the CDBG Housing Rehabilitation Guidelines. They presently require
that the applicant be the owner/purchaser of the dwelling for a period
of two years prior to the date of application for the grant. Due to
various circumstances, Mr.Stokely recommended the last sentence of
the first paragraph of Section A, in Chapter V be amended to read:
"The applicant must be the owner/purchaser at the time of receiving
the direct grant and have resided in the unit for a period of two
years."
Motion: Amend the last sentence of the first paragraph of Section Gulliford x x
A, in Chapter V to read: Jensen x
The applicant must be the owner/purchaser at the time Johansen x x
of receiving the direct grant and have resided in the Van Ness x
unit for a period of two (2) years. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Item #5-Authorization to purchase alert pagers through the State
Contract
Mr. Moss reported that he had budgeted Revenue Sharing funds for
the purpose of purchasing alert pagers for the Public Safety Dept.
to be used in response to fires. He requested authorization to
purchase sixteen (16) alert pagers from Motorola who was awarded the
State contract.
Motion: Authorize the City Manager to purchase sixteen (16) alert
Gulliford x
pagers at the State contract price of $225.80 each for a Jensen x
total of $3,612.80 from Motorola, Inc. Johansen x x
Van NPQS X X
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
PAGE FOUR
MINUTES V V
FEBRUARY 8, 1982 Name s of
Commrs. M S Y N
1D._
New Business
Commissioner Gulliford referred back to item #3, City Manager's
Report - Audit Report. He expressed the opinion that it might be in
the City's best interest to implement an annually renewable contract
between the Commission and the CPA firm. He added this would in
effect give them a vote of confidence to renew or it would give the
Commission the opportunity to seek someone else in the event at the
end of the fiscal year the Commission thought it appropriate. Mayor
Persons opined that the firm of Tyson & Swindell had done an excellent
job, however from a standpoint of public trust he agreed that the
city should have a contract to renew.
Gulliford x x
Motion: Implement an annually renewable contract between the Jensen x
Commission and the CPA firm. Johansen x
The City Attorney was instructed to prepare the contract. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
Unfinished Business
A. PUD Application by TRECO, Inc. - Public Hearing
Mayor Persons declared the meeting in session for a Public Hearing,
which was duly advertised according to charter requirements. The
Public Hearing was held on a PUD application by TRECO, Inc. to
develop Diocese of St. Augustine property located on Saturiba Drive
between Sea Oats Drive and Live Oak Lane. Mayor Persons objected to
one item in the Covenants and Restrictions on page seven, No. 15. He
suggested the covenants and restrictions be amended to remove "tem-
porary residence and other building during the period of actual
construction of the main residence and other buildings permitted
hereunder, nor". . . Mr. Rodgers asked how the city covered Mr. Eberling's
trailer at Selva Marina Gardens, and Mr. Moss answered with a one
year permit from the Commission. As no one else spoke for or against,
the Mayor declared the Public Hearing closed. A discussion was held
on the Advisory Planning Board's recommendations which had been
amended in the covenants and restrictions presented for the Public
Hearing. They were 1) That chain link, hogwire, and barbwire fences
be prohibited;2) That automatic garage door openers be required for
all garage doors facing street; 3) That any signs posted in the
development not exceed a maximum of four square feet. Commissioner
Johansen objected to #2 that automatic garage door openers be re-
quired for all garage doors facing street. He made the following
motion: Gulliford x x
Motion: Take out the requirement for automatic garage openers Jensen X
for all garage doors facing street. Johansen x x
Van Ness X
The motion failed with three noes and two ayes Persons X
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Motion: Accept and approve the Planned Unit Development application
as submitted by TRECO, Inc. with the deed restrictions Gulliford X
as so amended. Jensen x x
Tnhan cPn X .
The motion carried with three ayes and two noes. Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
PAGE FIVE V V
MINUTES Names of
FEBRUARY 8,1982 Commrs. M S Y N
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Report of Committees
A. Report of Parking Committee
Mr. Moss presented his report on the meeting held on February 1, 1982,
at which time the committee recommended that Beach Avenue be designated
as a one-way street going north, and that parking be prohibited in
an intersection and within "X" number of feet from the intersection,
depending upon the location. Appropriate "No Parking" and Tow-Away
Zone signs would be placed. A copy of the City Manager's report is
attached hereto and made a part hereof. Commissioner Gulliford re-
quested that,in all fairness to interested citizens on the subject,
and the recommendations they made, there needed to be another parking
committee meeting with the opportunity of citizens to participate
and voice their opinions. Commissioner Johansen agreed, and added
that it was his understanding that Chief Stucki was asked by the
Committee to do a thorough study of all the street corners and parking
problems and report back. Commissioner Jensen stated that the com-
mittee planned to recommend to the Commission that some action be
taken and only asked the Chief to determine which corners, if any,
would need the signs, and report back. As Chairman of the Committee,
Commissioner Jensen suggested that parking in general be discussed
with the full Commission present meeting as a Committee of the Whole.
The Chair recognized Mr. Ralph Bell, 664 Beach Avenue, who asked if
stop signs at each intersection would remain if Beach Avenue was
declared a one-way street. Commissioner Johansen replied yes, the
stop signs would remain. Mrs. Adelaide Kirkpatrick objected to Beach
Avenue going north instead of south. She stated that from 10th St.
north to 16th St. there is no problem, and she did not wish to spend
extra gasoline driving two extra blocks every time she wanted to go
to town, which would be traveling south for her. Mr. Rocky Russell,
460 Ocean Blvd. , commented that parking and driving are only problems
during the summer months, and he agreed with Mrs. Kirkpatrick. Mayor
Persons advised him that one of the options to be considered is on a
seasonal basis. Commissioner Gulliford moved the following:
Motion: Hold a Public Hearing strictly on the one-waying of Gulliford x x
Beach Avenue at the next regular meeting to be held on Jensen x
February 22, 1982 at 8:00 p.m. Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
It was determined that the Commission would meet as a Committee of
The Whole to discuss parking in general on Wednesday, February 17,1982
at 7:00 p.m. The public was cordially invited to attend and voice
their opinions.
Action on Ordinances
Mr. Moss advised that Ordinances A. and B. were not ready to present
yet, and asked that they be deferred until the next meeting.
C. Ordinance No. 40-82-12
PAGE SIX V V
MINUTES Names of
FEBRUARY 8, 1982 Con-mars. MS Y N
--- ------- --- --- -- .. -- - "- - --- . . .- - , L.
AN ORDINANCE AMENDING ORDINANCE NO.40-80-11, THE SAME BEING THE
ORDINANCE WHICH GRANTED 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; PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented in full, in writing, and read by title
only, on first reading, by Mayor Persons.
Gulliford x x
Motion: Said Ordinance be passed on first reading by title only. Jensen x
Johansen x x
Van Ness x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
In the essence of time, Commissioner Van Ness moved the following:
Gulliford x;
Motion: Waive the rules and allow the Ordinance to be read, on Jensen x
emergency, on Second Reading. Johansen x x
Van Ness x x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Persons x
ORDINANCE NO. 40-82-12
AN ORDINANCE AMENDING ORDINANCE NO. 40-80-11, THE SAME BEING THE
ORDINANCE WHICH GRANTED 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, PROVIDING AN EFFECTIVE DATE.
Said Ordinance was presented in full, in writing, and read by title
only, on second reading, by Mayor Persons.
Gulliford x x
Motion: Waive the rules, and pass said Ordinance on second reading,Jensen x
on emergency, by title only. Johansen x x
Van Ness x
The Public Hearing was set for February 22, 1982. Persons x
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
There being no further business, the Mayor lared eeting
adjourned.
Robert B. Persons, Jr.
Mayor-Commissioner
(SEAL)
ATTEST:
IiZ4Glc ^/�� �.. e/6-„
Adelaide R. Tucker
City Clerk