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08-09-71 v CITY OF ATLANTIC BEACH AGENDA August 9, 1971 1 . Call to Order. 2. Invocation. 3. Approval of Minutes of July 26, 1971 and August 2, 1971. 4. Recognition of Visitors. 5. Correspondence. 6. Condominium Construction; Gabriel Lazar, John Van Ness, Paul R. Steckla. 7. Bid Opening; Sewer Plant, Addendum #3. 8. ORDINANCES: (a) Ordinance second reading; Public Hearing, rezoning E2 of Lot 6, Block 19. (b) Ordinance amending Ordinance 90-71-40 - First Reading. (c) Ordinance amending Ordinance 90-71-42 - First Reading. 9. Resolution. West Plaza Closing. 10. Audit - Semi-Annual Water Fund Audit. 11. Chief of Police. 12. Public Works Superintendent. 13 . City Manager. 14. Commissioners . i5 Mayor; (a) Sewer Bonds - delivery - bank account. 16. Adjourn. MINUTES OF THE REGULAR MEETING OF THE ATLANTIC PEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, AUGUST 9, 1971 AT 8:00 P .M. Present: William S . Howell, Ma-or-Commissioner A . J. Longo L. W. Minton, Jr . R. R. Roshor•ough, M. Marvin, Commissioners and R. C . Vogel, City Manager Oliver Ball, City Attorney Adele S. Grape , City Clerk The meeting was called to order by the Mayor-Commissioner , Mr . Howell. The invocation was riven by Commissioner Minton, followed by the Salute to the Flar . The minutes of the meeting of July 2E, 1Q71 were approved as written upon motion of Mr . Longo, sec -mded by Mr . Rosborourh. The minutes of the special meeting of August 2, 1971, were approved as written upon motion of Mr . Longo, seconded by Mr . Marvin. Mr . Howell recognized visitors and called for any business from the floor not on the agenda . There was none . Mr . Howell called for communications , and there were none . At this time , Mayor Howell recognized Mr . Gabriel Lazar who had asked that the proposed condominium construction be put on the agenda for this evening ' s meeting. Mr . Lazar introduced Mr . John Van Ness, who he said would speak to the issue at hand. Mr . Van Ness came forward and cited advantages and disadvantages to the building of such condominiums in that area ; namely, the disadvantages being heavy traffic and overcrowded schools . Following a short speech on the subject , Miss Charlotte Read came forwarded and "reminisced" about the older rays and stated that she realized that progress had to take place, hut she asked setter rlannin- insofar as traffic situations and more and better recreational areas being maintained . Others appeared before the Council in this behalf; namely, James Morehead , Mr . Goodloe, Mr. Duane Fultz, and others . A lengthy discussion was held on this proposed construction and though there was not direct ob- jection to pro- r( ss and the project itself, many felt that the traf- fic and school situations should he carefully looked into before letting anything of this si e be constructed in that area . The ques- tion was raised regarding the legality of any community having what they called unzoned land. Mr . ball stated that there was such a legal situation and when asked about how this project might be stopped, he was in doubt that stopping the project would be upheld by the courts and the City would have attorney and court costs on their hands with a losing suit . Further projects as this could be stopped at this point, it was pointed out , by all unzoned land being put into a classification or zoning which would call for an Ordinance . It was moved by Mr . Longo, seconded by Mr . Minton, that the City Manager search the budget for funds that could be made available and proceed to contact Mr . Gerald Dake , and negotiate with him for his services as a legally licensed planner to advise the City its needs . The vote was : Aye: Mr . Longo, Minton, Rosborough, Howell Nay: Mr. Marvin Minutes 8/9/71 - Page 2 Whereupon Mr . Howell declared the motion carried . Bids were received on Sewer Plant, Addendum #3 as follows : J. W. Meadors & Co. $25,000.00 G. R. Fill & Co. $33,313.00 Savage & Brant Co. $35,000.00 Mr . Parks, City Engineer was present and after consultation on the bids, it was determined that Savage & Brandt were still the low bid- ders on the whole package deal. A lengthy discussion followed where- in it was pointed out that the 30 days would be up on the original bid on August 11th and no permit to construct has been received from the Florida Department of Air and Water Pollution Control. Following this discussion, it was moved by Mr . Rosborough, seconded by Mr . Longo and passed , that the contract be awarded b Savage and Brandt who were the low bidders including the addendum #3 with the stipula- tion that the bid remain valid for 30 days predicated upon the fact that we receive the certificate and permit to construct within the 30 days, however• , if not received then on mutual agreement of the contractor, the commission and all other parties involved to extend another 30 days. Mr . Savage was present and concurred . Mayor Howell read in full on second and final reading Ordinance 90-71-49 rezoning E 1 of Lot 6, Block 19, Ate ntic Beach from Residence A to Residence C . Notice of Public Hearing on said Ordinance was posted in line with charter requirements . Mayor Howell declared the meeting in session for Public Hearing on said Ordinance . No one appeared for or against the Ordinance and Mayor• Howell declared the public hearing closed . . It was moved by Mr . Minton, seconded by Mr. Longo, and carried, that the Ordinance be approved on its second and final reading. Mr. Howell introduced an Ordinance in full in writing for first reading by title only, said Ordinance amending Ordinance 90-71-40, to extend the effective date on rezoning of Blocks 44 and 45 Sec.H„ It was moved by Mr. Longo, seconded by Mr. Rosborough, and carried, that the rules be waived and the Ordinance be passed on first reading by title only and a public hearing date set . Public Hearing date was set for August 23, 1971. Mr , Howell introduced an Ordinance in full in writing for first reading by title only, said Ordinance amending Ordimance 90-71-42, to extend the effective date on rezoning Lot 17, Block 27R.P . and tract lying south thereof to Vienna Schnitzel Haus property. Mr. Longo moved , seconded by Mr . Rosborough, and carried, that the rules be waived and the Ordinance be passed on first reading by title only and a pub- lic hearing date set . Public hearing date was set for August 23, 1971, Mayor Howell presented a resolution abandoning West Plaza . Following discussion, it was moved by Mr . Longo, seconded by Mr . Marvin, that the resolution be passed . The vote was: Aye: None Nay: Longo, Marvin, Minton, Rosborough, and Howell. The City Attorney was then asked to rewrite the resolution for the Minutes 8/9/71 - Page 3 next meeting incorporating two additional features ; namely, the dedi- cation of 10, on the North side of the property to widen W. 12th St . and the Resolution to become effective after issuance of the building permit and conveyance of the 10? right of way. Mr . Howell presented the semi-annual water fund audit bill to cover. It was moved by Mr . Longo, seconded by Mr . Minton, an d carried, that the audit be received and the bill be paid . Mr . Vogel asked for and received approval to call for bids for the next meeting to extend the severe lines to lots 1,4, 5,6, Block 5, Atlantic Beach Parkway and Lots 1, 2, 3, Block 6, Atlantic Beach Park- way on East Coast Drive. City Manager Vogel also showed new sketches of the proposed apart- ments to be built east of :he Pic Nt Save area with the requirements called for previously, including the drainage. No action was needed on this matter at this time. Mr . Longo publicly thanked Mayor Howell for his rebuttal to Channel 4. and their allegations . Mr. Minton joined in with his appreciation also. Mayor Howell reported that the bonds had been delivered to Walston & Co. on the 5th of August . $4.93,F14.96 for bonds has been received and part of these m'- nies are being invested in Government Treasury Bills. He stated that for the past several veers we have been advan- cing necessary funds from the General Fund Account of the City and have to date paid out about $31, 'l00 which we will later transfer back into the General Fund. He suggested no action be taken at this time. There will be bills coming in from the bond attorneys and Mr . Ball in the amount of approximately $6, 000. He asked for approval to pay these from the Sewer Construction Account. It was moved by Mr . Minton, seconded by Mr . Rosborough , that these hills be paid upon presentation. Motion carried unanimously. There being no further business, the meeting was declare. :djourned at 10: 00 o1clock p.m. 40,0 Al Attest : 1 am o ' 1 Mayor-Commissioner Adele S . Grape , City Cler ' ORDINANCE NO. 90-71- LO AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ENTITLED "ZONING" , AND AMENDING THE OFFICIAL ZONING MAP TO CONFORM WITH THE FOLLOWING AMENDMENT. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA. SECTION 1 . Chapter 28 of the Code of the City of Atlantic Beach entitled "Zoning" and the official zoning map be amended as follows: The described land to be rezoned from Residence A to Residence C; the East 1/2 of Lot 6, Block 19, Atlantic Beach, according to a plat thereof recorded in Plat Book 5, page 69, of the current public records of Duval County, Florida. SECTION 2 . All Ordinances or parts of Ordinances and Resolutions in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall take effect immediately upon final passage . * * * * Passed by the City Commission on first reading on ,i-. 1 1971. Passed by the City Commission on second and final reading on qa, 1971 . Attest: Adele S . Grage City Clerk (SEAL) 122 Sixth Street Atlantic Beach, Fla. July 26, 1971 City Council City of Atlantic Beach Gentlemen: This letter is my request to appear before you and have my property at 122 Sixth Street, in Atlantic Beach, zoned to allow three individual units in the dwelling. This property has been owned by my parents since 1953. After 1960, when the children left, my parents began renting two downstairs apartments, and continued to live in the upstairs. The small income obtained as rent, their Social Security, and some small supplements from the family has been their only income since my father became ill seven years ago. Need- less to say, they could not afford to keep the house in a good state of repair. I purchased the property from them in June of this year, promising to give them a lifetime home in the downstairs front unit. This will afford my father the pleasure of being wheeled outside frequently, and my mother will be able to care for him much easier. She will also benefit greatly living in the smaller unit, by not having the burden of heavy house-keeping, as she will be entering the hospital soon for medical attention. The second downstairs unit would be used by my family, and also for rental. The income from the upstairs apartment will be used to repay the costly repair expenses, as well as financial aid to my parents. I see no problem in securing desirable residents, as the neighborhood in general is one of the finest anywhere. I feel sure that you recognize the many benefits my parents could enjoy for the remainder of their lives if it were a three- unit apartment. I mis- takenly had the idea that, since it was operated in this manner for more than ten years, there would be no problems when the repairs were begun. I have made contacts with the available neighbors, and have not received any objections from them concerning the rental situation; providing the property is kept in a good state of repair, making it an asset to the neighborhood. Gentlemen, I would appreciate all the consideration and help that you can give to me in this request. ank you, 141 JAMES H. VAN KLEECK O PEITION We, the undersigned, being residents of the neighborhood surrounding Beach Avenue and Sixth Street in Atlantic Beach, Florida, affirm of our own personal knowledge that the VAN KLEECK home, located at said corner, to-wit : at 122 Sixth Street, has for many years been used as a 3-family dwelling, that said home is now undergoing repairs which are effecting a significant Improvement over its former appearance and condition, and that we have no objection to the continuing use of said home as 7 3-family dwelling in the future. SIGNED BY: / WHOSE ADDRESS IS : AL T Aft . . • ei //U/ 6 /J" �-f� �7✓ .e-6-.0 --gt-“,74- .11a .6- 'i l 2e-a-e--fes.- (.�- - , i i� , "7/.--4e),„ r crit /J��r e �.;to i l.4.m.. ,A.,,7i...# ..s ''� ._..� yI e &.,,d --/ tea,. 2 of_ _........ . , Ai., A / el- if- t 7./. 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