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 :
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