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11-24-80 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA November 24, 1980 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of November 10, 1980 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board A. Mr. Jim Cowart - Meeting of November 11, 1980 B. Mr. George Bull - Meeting of November 11, 1980 5. City Manager's Report 6. New Business A. Execution of contract between the City and the Mental Health Center B. Mr. Scott Stephens (364 - 10th Street, Atlantic Beach) re Occupational License) C. Patricia Heap re dog boarding kennel, Mayport Road and W. Plaza 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 95-80-21 - An ordinance creating a Code Enforcement Board of the City of Atlantic Beach describing qualifications and terms of members , and jurisdiction, powers and procedures of the Board - 2nd Reading. 11. Miscellaneous Business 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON NOVEMBER 24, 1980 AT 8:00 P.M. V V 0 0 &RESENT: William S. Howell, Mayor-Commissioner T T James E. Mhoon E E Catherine G. Van Ness, Commissioners D D AND: Bill M. Davis, City Manager Oliver C. Ball, City Attorney M S Cynthia H. Hutchinson, Acting City Clerk 0 E T C "ABSENT: L. W. Minton, Commissioner I 0 Y Alan C. Jensen, Commissioner NAME OF ONEN Adelaide R. Tucker, City Clerk COMMRS . N D S 0 The meeting was called to order by Mayor Howell. The invocation, offered by Commissioner Van Ness, was followed by the pledge to the flag. Approval of the Minutes of November 10, 1980 Motion: The minutes of the regular Commission meeting of November Mhoon X X 10, 1980 be approved as submitted. Van Ness X X Howell X * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Correspondence ayor Howell stated that correspondence from the City of Jacksonville had ueen received that sets forth two or three areas of what Jacksonville considers to be negotiable areas concerning the double taxation suit. Mayor Howell stated that the correspondence was a matter of public record and suggested it be filed for information. There being no objection, the correspondence will be filed for information. Advisory Planning Board A. Mr. Jim Cowart - Meeting of November 11, 1980 Commissioner Van Ness reported that the Advisory Planning Board recommended for approval Mr. Cowart's plans for his apartment complex located at the property described as Block 101 and Block 102, Section H, Atlantic Beach. Motion: The recommendation for approval by the Advisory Planning Mhoon X X Board be accepted and the request be sent to a public hearing Van Ness X X lilkHowell X he public hearing was set for January 12, 1981. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Mr. George Bull - Meeting of November 11, 1980 Commissioner Van Ness reported that the Advisory Planning Board recommended approval of the residential section and did not recommend approval of the Mhoon X X •ommercial section. Van Ness X X Howell X Motion: The recommendation for approval of the residential section ' by the Advisory Planning Board be accepted, and the commercial area be denied, and that part accepted be sent to public hearing. MINUTES PAGE TWO NOVEMBER 24, 198C V V 41/1 Names of Commr s. MS YN e+ Mr. George Bull asked Mayor Howell how the Commission can deny a motion to be sent to a public hearing. Mayor Howell replied that under the terms of PUD the City Commission has it within its authority to accept the recommendation, not accept it, or kill the entire request if the Commission so desires. Mr. Bull then stated that the Planning board's recommendation was silent on the commercial use. Commissioner /an Ness stated that the Planning Board did not approve the commercial section. Mr. Bull then reiterated the fact that the Planning Board made no recommendation on the commercial use. Mayor Howell replied that the Planning Board may not have made a recommendation pro or con on a particular item, but the Advisory Planning Board is advisory and the City Commission can take any position it wants having once heard their report. He stated that the Planning Board could come back with no recommendation and the City Commission could decide to go on to a public hearing or decide to kill the request at that point. Mayor Howell stated that if he understood Commissioner Van Ness's motion, she reported that the Advisory Planning Board did not recommend approval of the commercial use. Mr. Bull stated that the Board was totally silent on the commercial aspect of it and made no recommendation one way or the other. Commissioner Van Ness stated again that the Planning Board voted not to approve the commercial use. After much discussion, Commissioner Van Ness asked if she could amend the origina= lotion. Mayor Howell stated that she could withdraw the motion if there were no objections from Commissioner Mhoon who seconded the motion. Commissioner Mhoon had no objections and the original motion was withdrawn. The following motion was then made: Motion: To accept the recommendation for the residential Mhoon X X portion of the George Bull plan that was submitted Van Ness X X as recommended by the Advisory Planning Board and Howell X pass it on to a Public Hearing. Mayor Howell set the Public Hearing for January 12, 1981. Commissioner Van Ness then made the following motion: Motion: That the request by Mr. Bull for the development of Mhoon X X the commercial area in that PUD plan be categorically Van Ness X X • denied. Howell X Commissioner Mhoon asked about the exact location of the proposed commercial use and also asked if this was the same tract of land that came before the Commission before. There being no further discussion, the motion was passed unanimously. • PAGE THREE MINUTES V V NOVEMBER 24, 1980 Names of IIICommrs. M S Y N City Manager's Report Mr. Davis stated that the Christmas decorations were now up and that the decorations were using as little electricity as possible. He also stated that the planning for the new public works facility was now under way and asked for any assistance or thoughts anyone might have or the new facility. He said that he would be in touch with Mr. Parks, .he city engineer, very soon to start the design work. New Business A. Execution of contract between the City and Mental Health Center Mr. Davis informed the Commission that he was in receipt of a letter from the Mental Health Center furnishing the City of Atlantic Beach with a contract which calls for $750.00 per quarter payments to the health center. Mr. Davis stated that he needed the Commission's authority to execute the contract. Mayor Howell stated that this was a budgeted item in the 1980-81 budget. Mhoon X Motion: To authorize the necessary officials to sign the Van Ness X contract with the Mental Health Center. Howell X * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Mr. Scott Stephens - Occupational License Mayor Howell advised the Commission that Mr. Stephens is requesting an occupational• license for the operation of a vinyl repair business. He explained that this operation is located in a Residential A area on 10th Street. He stated that the current zoning ordinance provides that certain businesses may be operated out of one's home, i.e. , attorneys, doctors, musicians, etc. , as long as there is no advertising, etc. Mayor Howell explained that Mr. Stephens does not have any customers coming to his home and that his sole source of business is done by tele- phone. Mayor Howell stated that the City Manager and the City Clerk needed clarification to make certain that this particular request does fall under that particular category allowing certain businesses to be conducted from the home. • Motion: To authorize the issuance of an occupational license under that particular category allowing certain Mhoon X businesses to be conducted from the home and to be Van Ness X operated solely as a business done by telephone. Howell X * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Patricia Heap - Dog Boarding Kennel, Mayport Road and W. Plaza Mr. Davis stated that Mrs. Heap was requesting approval to build a St boarding kennel at Mayport Road and West Plaza. Mr. Davis asked u at Mr. Heap be recognized. Mrs. Heap submitted the rendering of the kennel to the City Commission. Mrs. Heap stated that the facility was completely enclosed and there would be no outside facilities. The question of sufficient parking was raised and Mrs. Heap assured everyone MINUTES V V PAGE FOUR Names of • NOVEMBER 24, 1980 Commr s. MS Y N C. Patricia Heap - Dog Boarding Kennel, Mayport Road and W. Plaza (Cont'd) there was adequate off-street parking provided for in front of the building. Mayor Howell stated that the location was properly zoned for this business. Mayor Howell told Mrs. Heap that the actual plans would have to come back before the City Commission for final approval, Mhoon X Motion: The City Commission give tentative approval to the Van Ness X layout subject to receiving the final plans. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell X Action on Ordinances A. Ordinance #95-80-21 - An ordinance creating a Code Enforcement Board of the City of Atlantic Beach describing qualifications and terms of members, and jurisdiction, powers and procedures of the Board. Said ordinance was presented in full, in writing, and read by title only, on second reading by Mayor Howell. Motion: Said ordinance be passed on second reading by title Mhoon X Van Ness X only. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell X The Public Hearing was set for December 8, 1980. Commissioner Van Ness wished Mrs. Tucker (who was ill and could not attend the meeting) a very Happy Birthday. Mayor Howell stated that Mrs. Tucker had been in the hospital undergoing surgery and was very happy that she was progressing very nicely. There being no further business, the Mayor declared the meeting adjourned. (SEAL) Ll.I►.l�,� �.,__ .. v Willa r . Howe 1, Mayor-Commissioner ATTEST: t.7.4: •Cy hia H. Hutchinson Acting City Clerk