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09-14-81 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA September 14, 1981 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of August 24, 1981 2. Recognition of Visitors 3. Correspondence 4. Advisory Planning Board 5. City Manager's Report A. Item #1 - Public Hearing - 1981-82 Tentative Budget, Proposed Millage Rate, and Revenue Sharing B. Item #2 - Authorization to Modify Communications Equipment C. Item #3 - Authorization to Purchase Parts Required to Rebuild Engine - W-7 Front End Loader D. Item #4 - Request by Mr. Evan Ozin for Zoning Variance - Home Occupation E. Item #5 - Request for Zoning Variance by C. J. Cox, Jr. - 1089 Atlantic Boulevard 6. New Business 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions 10. Action on Ordinances A. Ordinance No. 58-81-5 - An Ordinance Amending, by Adding To, Ordinance No. 58-75-4 Entitled "Establishing a Retirement Program for City Employees---"; Second Reading B. Ordinance No. 80-81-20 - Providing for an Increase in Water Fees C. Ordinance No. 55-81-18 - An Ordinance Amending Section 18-7 of the Ordinance Code Providing for an Increase in Fees to be Charged for Collection of Garbage and Trash D, Ordinance No.20-81-36-Adopting Budget for 1981-82-First Reading 11. Miscellaneous Business A. City Clerk requests approval for Poll Workers for the Municipal Election to be held October 6, 1981. B. Copy of correspondence from Department of Housing and Urban Development 12. ADJOURN MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON SEPTEMBER 14,1981 AT 8:00PM V V PRESENT: William S. Howell, Mayor-Commissioner 0 0 Alan C. Jensen T T Catherine G. Van Ness, Commissioners E E D D AND: George R. Olsen, Commissioner-Appointee AND: A. William Moss, City Manager M S Oliver C. Ball, City Attorney 0 E Adelaide R. Tucker, City Clerk T C I O Y ABSENT: L. W. Minton, Jr. , Commissioner NAME OF ONEN COMMRS . NDSO The meeting was called to order by Mayor Howell. The invocation, offered by Commissioner Van Ness, was followed by the pledge to the flag. In line with provisions of the Charter of the City of Atlantic Beach, Florida, George R. Olsen was sworn into office by the City Clerk. He then took his seat at the Commission table. Approval of the Minutes of August 24, 1981 Motion: The minutes of the regular Commission meeting of August 24, Jensen x x 1981 be approved as submitted. Olsen x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Recognition of Visitors The Chair recognized Mr. Harvey Mason, a city employee, Mr. Mason stated that he represented Mrs. Grage, 7th St. and others who had expressed the hopes that he would be allowed to remain on the city payroll after Sep- tember 30th and resume the duties as caretaker for the city hall park, Mayor Howell thanked Mr. Mason for his comments and advised him that the situation would be looked into. Advisory Planning Board Commissioner Van Ness reported that the next meeting would be held on Tuesday night, September 22, 1981 at 7:30 p,m. and invited all interested citizens to attend and express their opinions and viewpoints. City Manager's Report A. Item ill-Public Hearing - 1981 Tentative Budget, Proposed Millage Rate and Revenue Sharing The City Manager verbally presented his proposed. budget message. A copy is attached hereto and made a part hereof. Mayor Howell opened the floor for a public hearing and announced that the City Manager would be happy to respond to any questions from the audience. Commissioner Van Ness inquired what the increase in water rates would be for citizens living outside the city. Mr. Moss replied that their rate will be the same ___ PAGE TWO V V MINUTES Names of SEPTEMBER 14, 1981 Commrs . MS Y N City Manager's Report - item 111 - continued percent increase (11/2 times the rate paid by citizens inside the city limits) . As no one else spoke for or against, Mayor Howell struck the gavel, thereby closing the Public Hearing. Item 112-Authorization to modify communications equipment Mr. Moss presented a background regarding the communications capa- bility of the Public Safety Department, and expressed the opinion that the most cost effective solution is to continue with the exist- ing equipment after certain modifications have been made. The City Manager requested the City Commission to waive bid requirements, as provided for under Section 8-4 of the Code of the City of Atlantic Beach and authorize him to contract with Allied Communications for the base station modifications and frequency conversions for an amount up to $3,535.00 for parts and labor. Mr. Moss advised that Revenue Sharing funds have been reserved in this fiscal year for this purpose. Motion: Call for bids be waived and the City Manager be authorized Jensen x x as per his report to spend approximately $3,535.00 for re- Olsen x vamping of the Public Safety Department 's communications Van Ness x x system. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Item 113-Authorization to Purchase Parts Required to Rebuild Engine- W-7 Front End Loader The City Manager advised that extensive repair is required to be made on a Case W-7 front end loader that is nineteen years old. According to the Public Works Director, the parts are only available from Case Power Equipment Company, an authorized distributor of Case. Mr. Moss requested authorization to purchase repair parts from Case Power Equipment Company in the amount of $2, 112.47. He added that the work will be performed by the City's transportation division. Motion: The City Manager be authorized to purchase the parts and Jensen x x repair the equipment, in the amount of $2, 112.47, and Olsen x using city forces to perform the work. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Item 114 - Request by Mr. Evan Ozin for zoning variance-Home Occupation Mr. Moss stated that Mr. Ozin, 528 Royal Palms Drive had requested a variance to be permitted to use his home for business calls. The business involves the repair of automobiles at the residents of his customers. An occupational license was denied because the area is zoned residential. The Chair recognized Mr. Ozin who stated that there would be no advertising or cars parked at his home. He has been a certified mechanic for six years and believes he can offer a good service to the people of the Beaches by making minor repairs and tune-ups at their homes. Commissioner Van Ness asked where he would take the cars if he could not repair them. He answered he you call a wrecker as his service was only minor repairs and tune-ups. PAGE THREE V V MINUTES Names of SEPTEMBER 14,1981 Commrs. M S Y N City Manager's Report - Item #4 - continued The City Attorney was asked for an opinion. Mr. Ball stated that,in this particular instance, it would not be improper to issue an occupational license due to the fact that his home would only be a base to have a business telephone. Commissioner Van Ness expressed the opinion that she had no objection to having a business phone as long as no cars and parts were left in driveways. Commissioner Olsen asked what type of license could be issued and suggested that a stipulation should be typed on the license "not to be used as a storage area and to receive telephone calls only". Mr. Paul Steckla suggested that it be so stated on the license "there will be no outward manifestation of activity". Motion: Mr. Evan Ozin, 528 Royal Palms Drive, be so authorized to Jensen x x have an occupational license issued at the above address Olsen x under the circumstances that have been discussed at this Van Ness x x meeting, and it be so stated on the license. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Item #5 - Request for zoning variance by C. J. Cox, Jr.-1089 Atl.Blvc, The City Manager advised the Commission that Jack C.Harris, Attorney at Law, representing C. J. Cox, Jr. was requesting permission to locate a motorcycle business at 1089 Atlantic Blvd, a mini-warehouse development recently constructed by Mike Ash. The location is zoned Business "A" which allows retail stores. Mr. Moss expressed the opinion that a motorcycle business is a retail store, but it appears that the business will provide vehicle maintenance service and, there fore, the operation may be perceived as a "vehicle repair garage" since motorcycles are vehicles. Mr. Harris and Mr. Cox were both in the audience and discussion followed. Mr. Cox asked that the Commis- sion grant him a three month trial basis and if the Commission was dissatisfied the business would move. Mayor Howell turned the matter over to the City Attorney for an opinion. Mr. Ball recounuendec that a license be allowed for a retail store only. Jensen x Motion: A license be allowed for retail salesonly in that Olsen x x location. Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Action on Ordinances A. Ordinance No. 58-81-5 AN ORDINANCE AMENDING, BY ADDING TO, ORDINANCE NO. 58-75-4 ENTITLED "ESTABLISHING A RETIREMENT PROGRAM FOR CITY EMPLOYEES "; PROVIDITG AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and read on second reading, by title only, by Mayor Howell. Jensen x x ?lotion: Said Ordinance be passed on second reading, by title only... _ Van Ness x x A Public Hearing was set for 5.-pt t --.'•c r 28, 1981 . Lowell x PAGE FOUR V V MINUTES Names of SEPTEMBER 14,1981 Comm.rs. MS Y N Action on Ordinances - continued B. Ordinance No. 80-81-20 - Providing for an increase in Water Fees The City Manager stated that the proposed Ordinance has not attempted to adjust the present practice of charging a lower minimum rate for multiple units. The new minimum rates will be in effect on January 1, 1982. While the new rates for excess usage will not be billed until January 1, 1982, the Ordinance provides that the new rate will apply to excess consumption for the period October 1, 1981 through December 31, 1981. AN ORDINANCE AMENDING SECTION 27-12 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, PROVIDING FOR AN INCREASE IN FEES TO BE CHARGED BY CITY FOR WATER SERVICE; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, by Mayor Howell and read on first reading, by title only. Jensen x Motion: Said Ordinance be passed on first reading, by title only. Olsen x Van Ness >: x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Mayor Howell stated for the purposes of holding a Public Hearing on September 28, 1981 he requested the rules be waived and the OrdinancE be presented on second reading. AN ORDINANCE AMENDING SECTION 27-12 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH, PROVIDING FOR AN INCREASE IN FEES TO BE CHARGED BY CITY FOR WATER SERVICE; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, by Mayor Howell and read on second reading, by title only. Motion: On emergency, said Ordinance be passed on second reading, Jensen x x by title only. Olsen x x All members present voted unanimously for the motion. Van Ness x A Public Hearing was set for September 28, 1981. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * C. Ordinance No. 55-81-18 AN ORDINANCE AMENDING SECTION 18-7 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH PROVIDING FOR AN INCREASE IN FEES TO BE CHARGED BY THE CITY FOR COLLECTION OF GARBAGE AND TRASH; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, by Mayor Howell and read on first reading, by title only. Jensen x x Motion: Said Ordinance be passed on first reading, by title only. Olsen x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .°. * .. Howe x PAGE FIVE V V MINUTES Names of SEPTEMBER 14,1981 Commr s. MS Y N Action on Ordinances - continued - No. 55-81-18 Mayor Howell said for the purpose of moving the Ordinance along for a Public Hearing on September 28th, he requested the Ordinance be read on second reading, on emergency. AN ORDINANCE AMENDING SECTION 18-7 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH PROVIDING FOR AN INCREASE IN FEES TO BE CHARGED BY THE CITY FOR COLLECTION OF GARBAGE AND TRASH; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, by Mayor Howell and read on second reading, by title only. Jensen x x Motion: On emergency, said Ordinance be passed on second reading Olsen x by title only. Van Ness x x All members Present voted unanimously for the motion. Howell x A Public Hearing was set for September 28, 1981 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * D. Ordinance No. 20-81-36 - Adopting Budget for 1981-82- AN ORDINANCE ADOPTING AN OPERATING BUDGET FOR THE CITY OF ATLANTIC BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,1981, and ENDING SEPTEMBER 30, 1982; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, by Mayor Howell and read on first reading, by title only. Jensen x x Motion: Said Ordinance be passed on first reading, by title only, Olsen 'x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Mayor Howell stated that in order to move the Ordinance along and gel it to a Public Hearing on September 28th, the Chair requested the rules be waived and said Ordinance be presented on second reading, on emergency. AN ORDINANCE ADOPTING AN OPERATING BUDGET FOR THE CITY OF ATLANTIC _ BEACH, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1981, and ENDING SEPTEMBER 30, 1982; PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, by Mayor Howell and read on second reading, by title only. Jensen x x Motion: On emergency, -said Ordinance be passed on second reading Olsen x by title only. Van Ness x x All members present voted unanimously for the motion. Howell x A Public Hearing was set for September 28, 1981. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * PAGE SIX V MINUTES Names of SEPTEMBER 14, 1981 Commr s . M S Y N Miscellaneous Business A. City Clerk requests approval for Poll Workers for the Municipal Election to be held on October 6, 1981 Mayor Howell read a letter to the Commission from the City Clerk requesting approval of the poll workers for the Municipal Election to be held on October 6, 1981. Motion: Approve the Poll Workers for the Municipal Election to Jensen x be held on October 6, 1981. Olsen x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Copy of correspondence from Department of Housing and Urban Development Mr. Moss stated that unless directed otherwise, he would respond in the manner by which he requests additional information and details, and what action they want at this time. Commissioner Jensen expresse• the opinion that the City Manager should respond in the affirmative if there is a need for it and the services are available and if this is within the City limits. Mayor Howell stated that the Department of Housing and Urban Development should be fully advised that the matter must go under Planned Unit Development in as much as it consists of more than three units. There being no further business, the Mayor declared the meeting adjourned. (SEAL) William S. Howell Mayor-Commissioner ATTEST: ,,z,faidejfiazdtf-t-4 Adelaide R. Tucker City Clerk