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03-14-88 v AGENDA CITY OF ATLANTIC BEACH MARCH 14, 1988 Call to order Invocation and pledge to the flag 1. Approval of the minutes of the regular meeting of February 22, 1988 2. Recognition of visitors 3. Action by the City Commission on a recommendation from engineers Smith and Gillespie on the award of bids for the cleaning, televis- ing and sealing of the sewer collection system in Sections "C", "D", "E", and "F" 4. Action by the City Commission to authorize the Mayor and Clerk to execute an agreement between the City and Gee and Jenson, Engineers, Planners and Architects for preparation of Phase II of the City's Comprehensive Plan in an amount of $24,940.00, defrayed in part by a grant from the Department of Community Affairs in the amount of $17,944.00 5. Action by the City Commission to accept as complete Part 4A of the City's sewer improvement program 6. Action by the City Commission to authorize the Mayor and Clerk to execute an amendment to the Convention Development Tax Agreement, providing for more timely payments of the tax to the City 7. Action by the City Commission to declare surplus certain items to be offered for sale at the public auction on March 19, 1988 8. Action on Exceptions: A. Public hearing on an application for exception by Gary McCarthy, 2203 Fairway Villas Lane North, for an advertising business as a home occupation (Community Development Board recommends approval with the stipulation the exception run to Mr. McCarthy personally and not with the land) B. Public hearing on an application for exception by Lee and Page Kellison to operate a mail wholesale business as a home occupation at 375 Plaza (Community Development Board recommends approval) C. Public hearing on an application for exception from Dr. John Green to open a veterinarian clinic at 1887 Mayport Road (Motion to recommend denial failed on a 3 - 3 vote by the Community Development Board) 9. Action on Ordinances: A. Ordinance No. 95-88-33 Action by the City Commission to withdraw this Ordinance from further consideration B. Ordinance No. 95-88-34 Public hearing and final reading of an Ordinance providing for defence of civil actions against public officers, employees, or agents under certain conditions, and payment of judgements or settlements against certain public officers or employees C. Ordinance No. 80-88-38 Public hearing and final reading of an Ordinance setting the volume charge on sewer for single-family residential at a maximum of 50,000 gallons per quarter D. Ordinance No. 80-88-39 Public hearing and final reading of an Ordinance increasing the connection charge on water from $10.00 a fixture unit to $20.00 a fixture unit 10. Action by the City Commission on a number of change orders in connection with the completion of the Public Safety Building 11. Miscellaneous 12. Mayor to call on City Attorney, City Clerk, City Manager and City Commissioners for reports and/or requests Adjournment MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT CITY HALL ON MARCH 14, 1988 AT 7; 15 P.M. V V O O PRESENT: William S. Howell, Mayor/Presiding Officer T T Robert B. Cook, Sr. E E Glenn A. Edwards D D William I. Gulliford, Jr. Alan C. Jensen, Commissioners M S AND: Richard C. Fellows, City Manager 0 E T CE Daniel U. Livermore, Jr. , Acting City Attorney I 0 Y Adelaide R. Tucker, City Clerk NAME OF ONEN ABSENT: Claude L. Mullis, City Attorney, Out of town COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation,offered by Commissioner Cook was followed by the pledge to the flag. 1. Approval of the Minutes of the Regular Meeting of February 22,1988 Motion: Minutes of the regular meeting of February 22,1988 be Cook x approved as submitted. Edwards x x Gulliford x Following discussion, the question was called and the motion carried Jensen x x unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2. Recognition of Visitors - None For the benefit of the audience, Mayor Howell announced the dog Ordinaace would be withdrawn. It would be sent back for revisions. The provision for four (4) or more animals would be dropped, and more stringent rules provided relative to nuisance abatement. The revised Ordinance will be up for first reading at the next meeting. * * * * * * * * * * * * * * * * * * * * * 3. Action by the City Commission on a recommendation from Engineers Smith & Gillespie on the award of bids for the cleaning, televising and sealing of the sewer collection system in Sections "C","D","E", and "F" Eight bids were received on 3/11/88 in the presence of The City Manager, Director of Public Works, and the Engineer, Mr. Jacques. The lowest bid received was by Industrial Pipe Maintenance, Ft. Lauderdale, Fl. for a total bid of $105,530.00. The amount of $200,000. was budgeted. Following evaluation, the Engineer recommended the bid be awarded to the low bidder. Motion: Award the bid for cleaning, televising and sealing of the Cook x sewer collection system in Sections "C","D","E", and "F" Edwards x x to the lowest and best bidder, Industrial Pipe Maintenance, Gulliford x x Ft. Lauderdale, Fl, in the total amount of $105,530.00. Jensen x Howell x No discussion before the vote. Motion carried unanimously. * * * * * .°. * * * * * * * * * * * * * * * * * * * * PAGE TWO V V MINUTES NAME OF MARCH 14, 1988 COMMRS. MS Y N 4. Action by the City Commission to authorize the Mayor and Clerk to execute an agreement between the City and Gee and Jenson, Engineers, Planners and Architects for preparation of Phase II of the City's Comprehensive Plan in an amount of $24,940.00, defrayed in part by a grant from the Department of Community Affairs in the amount of $17,944. Mayor Howell said preparation of Phase II of the City's Comprehensive Plan was state mandated. The cost to the city would be approximately $6,986. Motion: The Mayor and Clerk be authorized to execute the agreement Cook x between the City and Gee and Jenson, Engineers, Planners Edwards x x and Architects for preparation of Phase II of the City's Gulliford x x Comprehensive Plan in an amount of $24,940.00, defrayed in Jensen x part by a grant from the Dept. of Community Affairs in the Howell x amount of $17,944.00. No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * ;: * * * * * * * * * * * * ;: * 5. Action by the City Commission to accept as complete Part 4A of the City's sewer improvement program Ir. Fellows reported he had received notice from the engineering firm chat Part 4A was complete and they recommended acceptance by the City. Representatives from the DER and the Corp of Engineers had completed their inspections, and representatives from EPA would be here on Tuesday for their final inspection. Mr. Fellows also recommended acceptance. Motion: Accept as complete Part 4A of the City's Sewer Improve- Cook x ment program, as recommended by the Engineers, Robert Bates Edwards x x and Associates. Gulliford x x Jensen x No discussion before the vote. Motion carried unanimously. Howell x • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * °c 6. Action by the City Commission to authorize the Mayor and Clerk to execute an amendment to the Convention Development Tax Agreement, providing for more timely payments of the tax to the City Motion: Authorize the Mayor and Clerk to execute an amendment Cook x to the Convention Development Tax Agreement, providing Edwards x x for monthly payments of the tax to the City. Gulliford x x Jensen x Following discussion before the vote, the question was called and the Howell x motion carried unanimously. * * * * * * * * * * * * * * ,. * * * * * * * * * * * * * * ;: * * 7. Action by the City Commission to declare surplus certain items to be offered for sale at the public auction on March 19, 1988. PAGE THREE V V MINUTES NAME OF MARCH 14, 1988 COMMRS. MSYN 7. Action to declare surplus certain items-continued A list of surplus items was furnished to the Co«uuission for considera- tion. Motion: Declare surplus the list of certain items and offer same Cook x for sale at the advertised Public Auction to be held on Edwards x x March 19, 1988. Gulliford x Jensen x x No discussion before the vote. Motion carried unanimously. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 8. Action on Exceptions: A. Public Hearing on an application for exception by Gary McCarthy, 2203 Fairway Villas Lane North, for an advertising business as a home occupation Mayor Howell announced the Community Development Board had recommended approval with the stipulation the exception run to Mr. McCarthy per- sonally and not with the land. The Mayor opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against the application, Mayor Howell declared the Public Hearing closed. Motion: Approve the application for Exception by Gary McCarthy Cook x for an advertising business as a home occupation at Edwards x x 2203 Fairway Villas Lane North, with the stipulation Gulliford x x the exception run to Mr. McCarthy personally, and not Jensen x with the land. Howell x No discussion before the vote. Motion carried unanimously. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * B. Public Hearing on an application for exception by Lee and Page Kellison to operate a mail wholesale business as a home occupation at 375 Plaza Mayor Howell announced the Community Development Board had recommended approval of the application. He opened the floor for a Public Hearing and invited comments from the audience. Mr. Kellison offered samples of the printed material he would be using in his mail wholesale business, and told the audience he planned to use the post office and his address. The neighborhood would not be affected. As no one else spoke for or against the application, the Mayor declared the Public Hearing closed. Motion: Approve the application for Exception by Lee and Page Cook x Kellison to operate a mail wholesale business as a home Edwards x occupation at 375 Plaza. Gulliford x x Jensen x x To discussion before the vote. Motion carried unanimously. Howell x * .. * * * * * * * * * * * * * * * * * * * * * * * ,. * PAGE FOUR V V MINUTES NAME OF MARCH 14, 1988 COMMRS. MSYN 8. C. Public Hearing on an application for exception from Dr. John Green to open a veterinarian clinic at 1887 Mayport Road Mayor Howell announced there was no recommendation by the Community Development Board. He opened the floor for a Public Hearing and invited comments from the audience. Dr. Green told the audience he planned to have primarily an out-patient clinic. Mrs. B. J. Lester, Animal Control Officer for the City of Atlantic Beach, spoke in favor of Dr. Green's application. As no one else spoke for or against, the Mayor declared the Public Hearing closed. Motion: Approve the application for Exception by Dr. John Green Gulliford x to open a veterinarian clinic at 1887 Mayport Road. Jensen x During discussion, Mayor Howell asked if Dr. Green planned to keep dogs overnight. Dr.Green responded in the negative. He does keep dogs at his present location on Atlantic Blvd. with no complaints relative to noise, etc. Commissioner Gulliford asked why the Community Develop- ment Board vote was split. Mr. Fellows told the Commission the next door neighbor had initially complained. Mrs. Joyce Blevins stated she had talked to the gentleman who complained and he had no complaints now. Following discussion, the question was called and the motion carried Cook x manimously. Edwards x Gulliford x Jensen x * ;: * * * * * * * * * * * * * * * ;: * * * * * * * * * Howell x 9. Action on Ordinances: A. Ordinance No. 95-88-33 - Motion: Withdraw Ordinance No. 95-88-33 for amendments. Cook x x Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * ;< * * * * * * * Howell x B.Ordinance No. 95-88-34 - Public Hearing and Final Reading AN ORDINANCE PROVIDING FOR DEFENSE OF CIVIL ACTIONS AGAINST PUBLIC OFFICERS, EMPLOYEES, OR AGENTS UNDER CERTAIN CONDITIONS AND PAYMENT OF JUDGMENTS OR SETTLEMENTS AGAINST CERTAIN PUBLIC OFFICERS OR EMPLOYEES; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 95-88-34 on final reading. Said Ordinance was posted in line with Charter require- ments. The Mayor opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 95-88-34 on second and final Cook x reading. Edwards x x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * ;: * * * * * * * * * * * * * * * * * * * * * Howell x PAGE FIVE V V MINUTES NAME OF MARCH 14,1988 COMMRS. MSYN 9. Action on Ordinances - Continued C. Ordinance No. 80-88-38 - Public Hearing and Final Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 22, ARTICLE III, DIVISION 7, SECTION 22-167 TO PROVIDE A CAP OF 50,000 GALLONS ON SEWER VOLUME CHARGES FOR SINGLE FAMILY RESIDENTIAL; PROVIDING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 80-88-38 on second and final reading. Said Ordinance was posted in line with Charter requirements. The Mayor opened the floor for a Public Hearing and invited comments from the audience. As no one spoke for or against , the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 80-88-38 of second and final Cook x reading. Edwards x x Gulliford x No discussion before the vote. Motion carried unanimously. Jensen x x • * * * * * * * * * * * * * * * * * * :; * * * * * * * * Howell x D. Ordinance No. 80-88-39 - Public Hearing and Final Reading AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, ?LORIDA; AMENDING CHAPTER 22, ARTICLE II, SECTION 22-18 SUBPARAGRAPH (c) TO INCREASE THE CHARGE FOR CONNECTION TO THE CITY WATER SYSTEM FROM TEN DOLLARS ($10.00) TO TWENTY DOLLARS ($20.00) PER FIXTURE UNIT; PROVED- ING AN EFFECTIVE DATE. Mayor Howell presented in full, in writing Ordinance No. 80-88-39 on second and final reading. Said Ordinance was posted in line with Charter requirements. The Mayor opened the floor for a Public Hearing and in- vited comments from the audience. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 80-88-39 on second and final Cook x x reading. Edwards x Gulliford x x No discussion before the vote. Motion carried unanimously. Jensen x * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x 10. Action by the City Commission on a number of change orders in connection with the completion of the Public Safety Building Mr. Fellows noted a list of all the proposed change orders had been sent to the Commission prior to the meeting. All change orders had been reviewed and approved by the Building Inspector, Mr. Ford, and the Architect. A lengthy discussion followed. Motion: Approve all change orders in connection with the comple- Cook x tion of the Public Safety Building for a total amount Edwards x x of $54,861.37. Gulliford x No discussion before the vote. Motion carried unanimously. Jensen x x * * * * * * * * * * * * * * zc * * * * * ;: * * .. * * * Howell x PAGE SIX V V MINUTES NAME OF MARCH 14, 1988 COMMRS. M S Y N 11. Miscellaneous Commissioner Gulliford announced that he would be out of town for the meeting of April 11, 1988. Mayor Howell suggested the Commission give some serious thought before the next meeting on the subject of recycling. The Commission agreed. Mayor Howell thanked Mr. Livermore for substituting for Mr. Mullis who was out of town. There being no other business to come before the Commission, the Mayor declared the meeting adjourned at 8:15 p.m. William . Howell Mayor/Presiding Officer ATTEST: Adelaide R. Tucker City Clerk