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01-22-79 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA January 22, 1979 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of January 8, 1979 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board 5. City Manager's Report 6. New Business A. Request for Water Service - 2135, 2137 and 2139 Seminole Road Richard E. Wilson for Broward Builders, Inc. 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions 10. Action on Ordinances A. Ordinance 49-19$ - Amending Article XII of Atlantic Beach Charter - 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 JANUARY 22, 1979 AT 8:00 P.M. V V 0 0 William S. Howell, Mayor-Commissioner T T Alan C. Jensen E E James E. Mhoon D D L. W. Minton, Jr. Catherine G. Van Ness, Commissioners M S AND: Bill M. Davis, City Manager O E Oliver C. Ball, City Attorney T C Adelaide R. Tucker, City Clerk 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 January 8L 1979 Jensen x Mhoon x x Motion: The Minutes of the Regular Commission Minton x x Meeting of January 8, 1979 be approved Van Ness x as submitted. Howell x * * * * * * * * * * * * * * * * * * * * * * * * Recognition of Visitors The chair recognized Mr. Frank Tassone, 1220 Selva Marina Circle, who advised the Commission that the circle he lives on is being used as a play ground by children not living in the immediate area, thereby creating unwanted noise and breaking windows, etc. Mr. Tassone requested that a sign be erected stating "no playground - do not play". The Mayor instructed the City Manager to handle the problem and Mr. Davis replied that the matter would be taken care of immediately. Mayor Howell recognized Mr. Mike Ash, who requested the rules be waived and be granted Commission consideration on a PUD application for a 16- unit apartment complex comprised of four buildings on four lots; two lots Jensen x zoned Residence 8 and two lots zoned Residence C. Mhoon x x Minton x x Motion: Accept the plans of Mr. Mike Ash to be Van Ness x referred to the Planning Board. Howell x * * * * * * * * * * * * * * * * * * * * * * * * The chair recognized Mrs. Ruth Gregg, 905 Sailfish Drive, who stated that a possible pollution problem existed on Levy Road. She explained that some unknown substance was released from a plant around five o'clock two or three times each week. If the wind happened to be flowing in the right direction, it caused all the residents in the area to have extreme burning of the eyes and throat. Mayor Howell assured Mrs. Gregg the matter would be investigated. MINUTES V V PAGE TWO Names of JANUARY 22, 1979 Commr s . M S Y N , .. , City Manager's Report After verbally giving the City Manager's Report, Mr. Davis added that the Ocean Village One case was now settled. The following checks were issued on 1/22/79 in accordance with a court order signed by Judge Susan Black: Milam & Wilbur, $1,112.60; Frederick Berents, Inc , $640.33, and Hertz Rotenstein, $1,188.54. New Business A. Request for Water Service - 2135, 2137 and 2139 Seminole Road Mayor Howell stated that Browart Builders, Inc. , had submitted a request for water service for a three-unit townhouse located at 2135, 2137, and 2139 Seminole Road. The Mayor reminded the Commission the location is outside the City limits and requires Commission action, but the request was for water only and not sewer. Jensen x Motion: Approve cut-ins for 2135, 2137, and 2139 Mhoon � x x Seminole Road. An additional $20.00 each Minton x tap-in fee to be charged and to be Van Ness x x deposited in the pool cash fund. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * Action on Ordinances - 40- 79-8 AN ORDINANCE AMENDING ARTICLE XII OF THE ATLANTIC BEACH CITY CHARTER (CHAPTER 57-1126, LAWS OF FLORIDA) BEING LABELED "FRANCHISES" 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 opened the meeting for a Public Hearing. As no one spoke for or against, the Mayor closed Jensen x x the Public Hearing. Mhoon x Minton x Motion: Said Ordinance No. 40-79-8 be passed on Van Ness x x third and final reading. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * Miscellaneous Business The chair recognized the Chief of Police. Chief Stucki advised the Commission that on Friday night, January 19, 1979, a citation was issued to a business located at 1233 Mayport Road that was operating pool tables without the proper City license. After observation of th - business called Holloway's Record Bar, Stereo, and Boutique, the .:nief requested a clarification to determine if Mr. Holloway was operating two different businesses with one license. At this time, the City Attorney asked Mr. Holloway to list items sold in his establishment and the latter replied that he sold merchandise and MINUTES V V PAGE THREE Names of JANUARY 22, 1979 Commrs . M S Y N Miscellaneous Business - Cont 'd goods. When asked to identify the above, Mr. Holloway stated that he sold pipes and papers along with other retail goods. After a lengthy discussion, the Mayor stated that the main issue involved was a licensing issue and suggested that the matter be turned over to the City Attorney. Mrs. Gregg inquired why Fat City Saloon did not have a Night Club license and the Mayor replied that the establishment was issued a dance hall license which does permit music, whether it be by machine or live music. There being no further business, the Mayor adjourned the meeting. /-/ / I illiam S. Howell, Mayor-Commissioner (SEAL) ATTEST: �c I�ya - • 4:a Adelaide R. To,-_ker, City Clerk