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08-09-65 v CITY OF ATLANTIC BEACH, FLORIDA COMMISSION MEETING AGENDA AUGUST 9, 1965 1. Call to order. 2. Invocation - The Rev, C. E. Rose, Pastor, Ocean Park Baptist Church, Jacksonville Beach, Fla. 3. Approval of Minutes of regular meeting, July 26, 1965. 4. Recognition of Visitors. 5. Utilities Study - Beaches Area (Mr. Weldon and Mr. Moore) . 6. Report from Advisory Planning Board: (a) Clarification of attitude re West limitation Residence C Zones 7 . Correspondence: (a) Gulf Publishing Co. - Re Codification of Ordinances. 8. Southern Bell Tel. & Tel. Co. - Re Franchise Ordinance. 9. Ordinances: (a) For second reading, Ordinance Amending Zoning Ord. 90-59-3 - Hairston - Lots 5 & 6 - Blk 1 - Atl. Bch Pkway (b) For second reading, Ordinance Amending Zoning Ord. 90-59-3 - Re heighth of buildings. (c) For second reading, Ordinance Amending 1965 Budget. (d) For first reading - Ordinance Amending Zoning Ord. 90-59-3 - Re :Keith - Lots 3, 5, 7 - Blk 9 - Atl. Beach (e) For first reading - Ordinance Amending Zoning Ord. 90-59-3 - Re'-Sq. Ft. Areas in Res. B and II. (f) For first read ing - Ordinance Amending Zoning Ord. 90-59-3 - Re -Changing E. line - Res. C - Hotel Reservation. (g) Ordinance on billboards - for study. 10. Building Permit - . 11. Committee Report on Perry application for Day Nursery. 12. Committee Report on: (a) Burroughs Machine. (b) Payment of Balance paving - Houdaille-Duval-Wright. 13. Resolutions: (a) Transfer funds Acct. 1050 to Account 503. .m'7'# "-- )"- (b) Death of E. H. Thompson. AJeo 14. Fire & Police Chief 15. City Manager 16. Commissioners 17 . Adjournment. 1 ' MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, AUGUST 911181965 AT 8 P.M. Present: Chas. R. Moore Walter J. Parks, Jr. John W, Weldon, Commissioners and Frank Thompson, City Attorney Arthur J. Craig, City Manager Adele S. Grage, City Clerk Absent: George R. Olsen, (out of City) Donald L. Goodling " " The meeting was called to order by the Mayor-Commissioner Pro- tem, Mr. Moore. The Invocation was given by Rev. C.E. Rose, Pastor of the Ocean Park Baptist Church, Jacksonville Beach, Fla. There being no corrections or additions to the minutes of July 26th, 1965 Mr. Moore declared them approved as written. Mr. Moore recognized visitors present and called for any busi- ness from the floor not on the agenda. Jimmie Lee Davis, President of the Beaches Civic Group was prem sent and talked with the Commission about the teen-age problem among the negro citizens at the beaches. He advised that they have formed a group of young negro men from Atlantic and Jack- sonville Beaches who want to try and better the communities and help curb this disturbing juvenile activity.Thoy would like to confer with Chief Vogel and the Commissioners for advice on working out their problems- specifically setting an hour for the young folks to be off the streets, and a caution light on Mayport Rd. to protect the school children. Mr. Craig advised that we have requested an elevated walkway in the vicinity of Mayport Rd. and Donner Rd. or Jackson St. Mr. Weldon advised he thinks this is a very commendable move and would like to See Chief Vogel and this body co-operate - feels this is a big step in the right direction. This was the consensus opinion of the other Commissioners. Mr. Davis advised that it was high time the negro citizens get up and try to help themselves- especial- ly in their own community. Mr. Moore stated that we appreciate his coming -' and think they are on right track. Mr. Moore called for any further business from the floor but there was none. Minutes 8-9-65, Page #2 On the Utility Study for the Beaches Area, Mr. Moore stated there have been no further developments or recent meetings and there is nothing further to report at this time. Mr. Weldon concurred. There was no report from the Advisory Planning Board on clari- fication and recommendation as to geographic limits westward for re-zoning to Residence "C". Since no report has been re- ceived Mr. Moore advised would pass to the next meeting. A letter was presented from the Gulf Publishing Co. relative to codification of ordinances. Mrs. Grage was directed to advise them that when ready to pursue the matter further, we will ad- vise them. An Ordinance was presented in full in writing covering a 30 year franchise with Southern Bell Tel. & Tel. Co. , said proposed ordinance having been sent to the Commissioners in writing well in advance of this meeting. Said ordinance is for considera- tion on first reading by title only. Mr. John D. Montgomery, South Jacksonville District Manager of the Southern Bell Tel. & Tel. Co. was present on behalf of the company. The follow- ing changes were suggested: Section II. after "supervision of City" insert the follow- ing words "the City reserving the right to approve the loca- tion of any new underground conduits and pole lines, ". Also after words "sidewalk or street" to insert the words "util- ity lines" in both places. Section VI. Add the words "and such acceptance shall termi- nate the franchise granted to them by Ordinance #40-64-4 of said City. " Section IX. Add after word "newspaper" the words "of general circulation", Re-write the laet paragraph of this section the same as written in Ordinance 4'ie•0-64-4 to include the word "freeholders" as a qualification for voting. Mr. Weldon moved that the Ordinance with changes as listed above be passed on first reading by title only, seconded by Mr. Parks following which there was further discussion. The question was raised as to the 1% franchise payment and the 30 year term of the franchise. Mr. Montgomery advised that 1% was used in all their franchises but that if the trend indicated a higher per- cent then his company would review every franchise. It was sug- gested that the freeholders might look with more favor on say a 15 year franchise. Mr. Montgomery advised that the shorter franchises were burdensome and this is their standard franchise, although there were exceptions. After further discussion Mr. Moore read the title in full following which the question was Minutes 8-9-65, Page #3 put and the motion unanimously carried. Mr. Weldon then moved that the second and final reading with Public Hearing be sche- duled for August 23rd, 1965 at 8 P. MC. , seconded by Mr . Parks and unanimously carried, Mr. Moore then read the Ordinance amending Zoning Ordinance #90-59-3 by re-zoning Lots 5 & 6, Block 1, Atlantic Beach Park- way from Residence "A" to Residence "C" - property belonging to Mrs. Bertha Hairston. He then declared the meeting in session for Public Hearing i•n line with notices published and posted_ Mr. Claude McGehee appeared against the re-zoning, as he would like for the neighborhood to remain a family one, and feels that apartments would be too close to his property and affect the value. He stated he would not object to Mrs Hairston mak- ing her house into a duplex. Mrs. Hairston advised she had made no definite plans as she was waiting to see if re-zoning was approved. She advised that she lived alone and would like to convert her big house into a duplex later, but she felt if she should want to sell it would be difficult if property re- mained Residence "A" with the apartments and motel going up on the property across the street. As no one else appeared either for or against the Ordinance, Mr. Moore declared the Public Hearing closed. Mr. Parks and Mr . Weldon advised that on reviewing the plans for the development on the Hotel Reservation property they feel that the improvements will enhance the property on the west side of Ocean Blvd rather than detract from. Mr. Weldon also added that at a later date would certainly listen sympathetically, but since she has no definite plans would like to ask that she not insist upon the re-zoning at this time. Mr Moore concurred. Mr . Weldon moved that the Ordinance be adopted on second and final read- ing, seconded by Mr. Parks, After further discussion Mr Moore put the question and the call vote was: Aye: None Nay: Parks, Weldon, Moore Absent: Goodling, Olsen Whereupon Mr_ Moore declared the motion not carried and the request for re-zoning denied. Copy of certified proof of publication of this Public Hearing is attached to these minutes and made part thereof. Mrs. Hairston asked if she could run her request back through again and was advised that it was within her rights to do so. Minutes 8-9-65, Page #4 Ordinance #90-65-24 amending Zoning Ordinance #90-59-3 as regards height of buildings in Residence C zone was presented and read in full by Mr. Moore. He then declared the meeting in session for Public Hearing on said ordinance. Copy of certified proof of pub- lication is attached to these minutes and made a part thereof. .As no one appeared either for or against the ordinance Mr. Moore declared the Public Hearing closed. Whereupon Mr. Weldon moved that Ordinance #90-65-24 be adopted on 2nd and final reading, eeconded by Mr. Parks and the motion carried unanimously. Ordinance #20-65-9 amending the 1965 Budget Ordinance #20-64-8 covering necessary changes to bring the budget into balance was presented and read in full. Mr. Moore then declared the meeting in session for Public Hearing on said Ordinance. ,As no one appear- ed either for or against said ordinance Mr. Moore declared the Public Hearing closed. Mr. Parks then moved that Ordinance #20-65-9 be adopted on second and final reading, seconded by Mr. Weldon and unanimously carried. An Ordinance amending Zoning Ordinance #90-59-3 by rezoning Mrs. Thelma Ketth ' s Lots 3, 5, 7, Block 9 from Residence "B" to Residence "C" was presented for adoption on first reading by title only. This ordinance was presented in line with recommendation of the Advisory Planning Board. Mr. Weldon moved the adoption of said Ordinance on first reading by title only with Public Hearing to be fixed for September 13th, 1965, seconded by Mr. Parks and unanimously carried. An Ordinance amending Zoning Ordinance #90-59-3 by changing the required living area per duplex unit in Residences "B" and "C" and all units in Residence "D" to 850 square feet was presented for passage by title only on first reading. Mr. Moore read the title in full whereupon Mr. Parks moved the adoption of said Ordinance by title only on first reading, seconded by Mr. Weldon and unanimously carried. September 13th, 1965 at 8 P.M. was set as time for Public Hearing on said Ordinance. An Ordinance amending Zoning Ordinance #90-59-3 by extending the easterly line of Residence "C" on the Hotel Reservation 120 feet eastward thus reducing the westernmost part of Business A-1 by 120 feet, was presented for passage by title only on first reading. Mr. Weldon moved the adoption of said Ordinance by title only on first reading and to fix Public Hearing for September 13th, 1965, seconded by Mr. Parks and unanimously carried. Mr. Thompson advised that he will be glad to draw up an ordinance covering billboards if the Commission will direct him just what Minutes 8-9-65, Page #5 they want in the ordinance as to types, locations, sizes, etc. There was a lengthy discussion of billboards following which Mr. Weldon moved that the matter be referred to the Advisory Planning Board with request for recommendations as to type of ordinance that should be adopted with respect to billboards and signsof all types within the City Limits and also that the City Manager be requested to get copies of ordinances dealing with this problem by other Florida municipalities from the Florida League of Municipalities, seconded by Mr. Parks and carried. Mr. Craig advised that the position of the Planning Board is that no sign be erected in any place other than property of the business which is being advertised. Mr. Craig advised that he had received preliminary plans to cover a proposed motel or apartment building on Lot 84, Section "H" . He advised it is neither a typical motel design nor are they in harmony with requirements of apartments and he requested a committee to study the plans with him. Mr. Moore appointed Mr. Parks and himself to work with Mr. Craig on this matter. The Committee which was appointed to make recommendation on the request of Mr. & Mrs. Chas. S. Perry for approval to operate a Day Nursery and Kindergarten at 390 Maypert Rd. reported and recommended that in view of the apparent adequacy of the pre- mises and the fact that the proposed use would change the pre- mises from a nonconforming use to a conforming status and the determination by the City Attorney that such action would not constitute a violation of any of the limiting provisions of our Zoning Ordinance, that the request of Mr. & Mrs. Perry should be granted. A copy of the committees report is attached to these minutes and made a part thereof. Mr. Weldon moved that the recommendation of the committee be approved, seconded by Mr. Parks and unanimously carried. The Finance Committee reported that a study had been made of the potentialities of and present uses of the Burroghs Account- ing machine and it is their recommendation that we retain the machine and make the final payment now due on same. Mr. Parks moved that the recommendation of the committee be accepted and payment made to Burroughs Corp. , seconded by Mr. Weldon and carried, unanimously. Mr. Craig also recommended that the Houdaille-Duval-Wright Co. 's re-urfacing has proven very satisfactory and accordingly the balance of their contract in the amount of $3,980.00 be paid when funds are available for that purpose. It was advised that we have been told we should get the OEP reimbursement by the end of August. It was suggested that we hold off making final pay- Minutes 8-9-65, Page #6 ment and see if government monies are received. Mr. Parks moved that the bill be paid as recommended when sufficient funds be- come available, seconded by Mr. Weldon and carried. Mr. Moore read Resolution ##65-22 covering the transfer of $500.00 from Account 1050 to Account #503 in 1965 Budget to purchase garbage container and shoulder holster. It was brought out that the customer pays for the garbage service and also additional to cover the container. After further discussion Mr. Parks moved adoption of Resolution ##65-22, seconded by Mr. Weldon and unani- mously carried. Copy of Resolution #65-22 is attached to these minutes and made a part thereof. Mr. Moore next read Resolution 065-23 in full, said resolution is on the death of Earle H. Thompson who served as a councilman for 12 years and was on the first elected Council. Mr. Parks moved the adoption of said resolution, seconded by Mr. Weldon and carried. Copy of Resolution #65-23 is attached to these min- utes and made a part thereof. Chief Vogel presented copies of municipal court dockets of August 2nd and 9th, 1965. He also advised that he has studied the Fire Prevention Code and recommends the adoption of an Ordinance cov- ering same. Mr. Thompson advised that we now have an ordinance covering fire code but probably needs up-dating. Mr. Weldon suggested a committee to study. Mr. Moore appointed Mr. Weldon and himself to get with the Chief and come up with recommenda- tion. Mr. Weldon will be furnished existing ordinances on this subject. Chief Vogel requested that the traffic ordinance be studied and changed to meet the modern traffic patterns we now have. Mr. Thompson suggested that the schedules perhaps need updating. There was further discussion following which Mr. Parks moved that a committee be appointed to consider revisions to ex- isting schedules in traffic ordinance, seconded by Mr. Weldon and unanimously carried. The committee will be Mr. Goodling, Mr. Moore and Chief Vogel. Mr. Craig reported on use of ball field and that the use of the field for summer football practice was now starting. He re- ported that we have been having some trouble with equipment at the water and sewer plants, some of it has been damaged by light- ning. There was a lengthy discussion on the lot cleaning and Mr. Craig advised he had been mowing some areas on which no charges had been made. in the past and he was not satisfied with this. It was discussed further and was consensus of opinion that we should not mow any on private property without charge. There are sever- al areas that need mowing several times a year and are not cover- ed by the Lot Cleaning Resolution. Mr. Parks moved that the City • Minutes 8-9-65, Page #7 Manager prepare and submit at the next meeting a list of proper- ty undeveloped which requires mowing several times a year and recommended charges for the mowing of said property at intervals, for consideration and possible adoption by the commission, sec- onded by Mr. Weldon and unanimously carried. Mr. Weldon asked if we could have the markers and yellow lines provided along the west side of Sherry Drive before school starts. It was advised that we could. Chief Vogel said the problem was keeping the children on the right side of the line, but it was agreed that this is a step in the right direction. Chief Vogel stated wanted to get some safety programs under way. Mrs. Grage stated that the Pilot Club would like to assist in the bicycle safety program, as that is one of their projects too. There being no further business Mr. Parks moved adjournment, seconded by Mr. Weldon and carried. _ Whereupon Mr. Moore de- clared the meeting adjourned. R. '37h Chas. R. Moore, Mayor-Commissio r Pro Tem Attut: aCee...42e_ Adele S. Grage, City Cl k . • . . • PROOF OF PUBLICATION OF THE BEACHES LEADER, INC. (Published weekly in Jacksonville Beach. Florida, Duval County) STATF: or FLORIDA, SS: COUNTY OF DUVAL, ,.. .. 111,1 Before the ,twidereignen authority personally appeared Robert L. Soott, who on oath says that he is .tbs punlisksor of the BEACHES LEADEA• a weekly newsaaper publish . at J'ai.“ville Betteh• 411. Duval CouSy, Florida; _gat the 4ititelsed eopy of ailesrtisement. heinZ a aaaa. - In z, 1.1p .: r a ::_miliwia,_ /AM,, .. -eu ‘r 0 r-""------- in the empty u. • e a i3Ourt. "- Darn County, Flor da, was pu n'BINA , in Raid newapaper in the issues of 30, /Y 6 s-S - I ....-...............---... i Aftlant further says that the said BEACHES LEADER Is a newspaper publislie6 at Jacksonville Beach, is said Duval County, Florida, and , that the %mid newspaper has heretofore been continuously published', \ in said Deval County, Florida, sash week and has been entered a second class matter at the post office in Jacksonville Beach, in ea! , Duval County, Florida, for a period of one 'rear preceding the fir t pnblleation of the attached .opy of advertisement: and affiant Atrthe says that ahe has swifter paid nor promised any person, firm,. 0 cosporation any4liscount. rebate, commission or refund for the pserpos si Of etiettring thitadvertsiement for publication In said newforkr • ( .----' ' r--__ •,, '---------(li \ I- ‘ \- ( e ' ( \ \ PUBiia 4,,it. \ Sworn to and subacribecl before me this. / day of . .. A.D.A.D. 1 ... If. is My *eutraiselon aapiroi ma CadllaZToN=pairs 1/,NI U A ii.Y.I1.INIIS L, .,. , i PAGE 11 LEGAL NOTICES Notice of Public Hearing NOTICE OF PUBLIC HEAR- ING Notice is herebygiven that Notice is hereby given that an August 9, 1965, at 8 p.m. on August 9, 1965, at 8 p.m. in the City Hall of Atlantic in the City Hall of the City Beach, Florida, the City of Atlantic Beach, Florida, Commission of said City will the City Commission of said hold a Public Hearing on an City will hold a Public Hear- Ordinance Amending Zoning ing on an Ordinance Amend- Ordinance #90-59-3 as re- ing Zoning Ordinance #90- gards heighth of buildings in 59-3 by rezoning lots 5&6, Residence "C' District and Block 1, Atlantic Beach minimum distance between Parkway from Residence A loor and ceiling in said dis- to Residence C. :rict. All persons interested are All persons interested are notified to be present at said notified to be present at said time and place and they shall time and place and they shall be heard. be heard. Copies of said Ordinance Copies of said Ordinance are on file in the office of are on file in the office of the City Clerk. the City Clerk. Dated at Atlantic Beach, Dated at Atlantic Beach, Florida this 13th day of July, Florida this 13th day of July, 1965. 965. George R. Olsen,Mayor- George R. Olsen-Mayor- Commissioner Commissioner Adele S. Grage,City Clerk Adele S. Grage-City Clerk COMMITTEE REPORT - AUGUST 9, 1965 The Cosi sttee appointed Jul =• � mmChaneS. July 26, 1965, to consider the request Mr. & and Kinder9artPerry for authorization to operate a Day of follows=Nen at 390 Mayport Road, wishes to report as The premises desigrOted as 390 Mayport Road exist on Lot 1, has 1124 a frame residence built in 1948, Block 29, q. ft. of living area; a which x 31 ft. Access to these buildings separateotframe garage,g garage,and0 ft. dirt roadway in W. 4th Street. a well travelled fence encloses these buildings. A Substantial supplementary g Lot 3 of Block 29, woven wire two lots note of the Perrysmentioned in form an L with has no buildings upon it. The frontage on W. 51 foot frontage on Ma yport 4th Street. The residence is connected Rtodthe d ity fL. water system, but a date toy useptic tank serves sanitars City "Raymond 's exist Lockers "inthat area. Nearest business yestablishment as yis sewerage "Nearest residence at 270 Mayport Road West of Mayport No. 75y 2W. 4th0 feet away. distant. The nearest Road is No. W. distant. Mayport Road, unit of Atlantic Gardens A St. c 400 feet is roughly 200 ft. distant. Apartments, across Nursery and Kindergarten activities uCity of AtlanticndeBeach are recognized Therefore, , and are regularlygnlice as businessessuc . in conversion of a nonconforming est licensed as such . Business "A" Zone g residence s se serpZone nooa recognized business use trusters ins a the request under consideration. eemed a Thereason- Committee res hder Committee ends, in view of the the proposed use thereoft; adequacy view f f thepremises nact the new p thereof; that proposeduse would change and in of fact conforming status; g the premises from a igtoae that subject to nonconform- ing Cityhe Attorney that such action would not constitutemanviolationby the limiting provisions o Mr. and Mrs, Perrygof our ZoningOr st of any should be granted, Ordinance, the request of The committee further recommends mmends that, prior to license for the Perrys issuance an occupational the herein specified, y to operate a license locationo o a Nursery and ss ssionrten aAerate such institution 1'ashiss have in theirt Florida 1Relfare Board; issued byPossession State Bo ; also adequate the State of Board of Health have been complied that all requirements of the plied with. Respectfully submitted, ii r� ��r''�'�� ur . Craig RESOLUTION 65-22 WHEREAS, the City Charter requires that the City Commission approve all transfers from one office or Department to another. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, THAT the following transfers be approved: INCREASE DECREASE EMERGENCY EXPENSE Account 1050 - $500.00 SANITATION Account 503 - Garbage Containers $500.00 - TOTAL INCREASES & DECREASES $500.00 $500. 00 All the above in the 1965 Budget. * * * * Passed by the City Commission on August 9, 1965. Attest: (6&___e_, /1Aetir___ Adele S . Grage, City Cle (SEAL) 1!!: CITY OF , , , Attomtic RESOLUTION NO 65-23 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, that: WHEREAS, the untimely passing of EARLE H. THOMPSON, has removed from our midst a good friend and neighbor; and WHEREAS, Mr. Thompson faithfully served the City of Atlantic Beach as a member of the Town Council from August 10th, 1926 to August 9, 1938; and WHEREAS, the City Officials and Citizens of the City of Atlantic Beach feel that Mr. Thompson contributed much and unselfishly to the progress and welfare of this area, and that they have sustained the loss of a fine citizen and valued townsman; NOW, THEREFORE, IT IS HEREBY RESOLVED and made a matter of record that the City of Atlantic Beach does hereby express its sincerest regrets on the passing of its friend and neighbor, EARLE H THOMPSON, and does hereby extend its deepest sympathy to his loved ones. BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to Mrs, Thompson. * * * * Passed by the City Commission August 9th, 1965_ Attest: ace.,_,e_e_ J r • Adele S. Grage, City Clerk / (SEAL)