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09-12-60 v COMMISSION MEETING CITY OF ATLANTIC BEACH SEPTEMBER 12, 1960 1. Call to Order. 2. Minutes of Meeting of August 22, 1960. 3. Recognition of Visitors. { 4. Communications to Commission. 1. Beaches Cab Service 2. Letters on sewer connections. 5. Old Business. 1. Park, Seminole Rd. and Plaza. 2. Closing Main St. West of Mayport Rd. 6. City Manager. 1. Duval Eng. and Contracting Co. $11,109.95 2. Royal Palms 1. Real Estate Salesmen License. 2. L.P. Gas tanks on street right-of-way 3. Accepting streets, water, sewer and storm sewer, surety on same. 4. Back yard required. d. M amx1xxilimttkxlewerx=aa. 7. Commissioners. 8. Certificates of Convenience & Necessity • MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACfi CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, SEPTEMBER 12th, 1960 AT 8 P.M. Present: Wm. S . Howell Preben Johansen J.B. Claiborne Chas. R. Moore W. Laney Whitehurst, Commissioners and Frank Thompson, City Attorney J.F. Waggoner, Jr. , City Manager Adele S. Grage, City Clerk The meeting was called to order by the Mayor-Commissioner, Mr. Howell. Minutes of the meeting of August 22, 1960 were approved as written upon motion of Mr. Johansen, seconded by Mr. Claiborne. Mr. Howell recognized visitors present and called for any busi- ness from the floor. Mr. Russell F. Smith, 328 2nd St. appeared,/ before the Commission relative to the dog situation in the City. He offered his services to do anything he could to work out the situation and would be willing to serve as chairman of a commit- . tee. The matter was discussed at length and it was suggested that Mr. Smith get two other persons to serve with him on a committee to draft plans to present to the Commission. Dr. Whitehurst moved that the City Commission request Mr. Smith to investigate the possibility of individuals servingon a committee with reference to a dog ordinance, or suggest individuals to the Mayor who might be appointed, and that we consider appointing these individuals to make recommendations for an ordinance or other measures that might be helpful on this subject, seconded by Mr. Moore and carried. A letter was presented from Mr. George B. Christian, Owner-opera- tor of the Beaches Cab Service, who hold a certificate of conve- nience and necessity from the City, requesting permission to dis- continue use of meters and use schedule of rates which were at- tached to letter. The matter was discussed and Mr. Howell sug- gested that the matter be studied and considered at next meeting. Mr. Johansen moved that the matter be studied further and report be made at next meeting, seconded by Mr. Moore and carried. Mr. Waggoner presented list of those properties not connected to the sewer lines, to-gether with letters he has received stating • reasons why have not connected. It was considered best policy to discuss there hardship matters in an executive session. Minutes 9-12-60, Page #2 The matter of the City Park site at Seminole Road and The Plaza was next discussed. There are 26 lots involved of which the City now owns 8, 14 are to be given to the City by the owners, and 4 are to be purchased. Of the 4 to be purchased 2 owners have expressed willingness to sell at the appraisor 's figure, and 2 have made no committment. The City Attorney advised that these two lots could be secured by condemnation if necessary. The situation was discussed at length in which it was brought out that they were willing to go ahead with plans to secure this land provided it is used for a playground for children and not just anotherpark to be kept up. It was also brought out that if we do not pretty soon make some plans for a playground area for all the children which will come into the City in these new developments that we may be in a bad situation. Mr. Waggoner advised that he thinks we can't afford not to get this land if possible, even though it may cost to get in shape for a play- ground, because later on it may not be available, and the cost could be prohibitive. Dr. Whitehurst moved that the City Com- mission make arrangements to acquire and set aside this land for a park and/or playground, seconded by Mr. Moore and carried. Dr. Whitehurst next moved that the City Commission empower the City Manager to take steps necessary to acquire the lots for the . purpose as designated in the previous motion and authorized, if any part cannot be acquired by other means (price not to exceed the appraisor 's value) , that he start condemnation proceedings, seconded by Mr. Johansen and carried. Mr. Waggoner advised that he had talked to Reynolds,Smith and Hills who are working on the plans for Expressway, and they ad- vised that it was unknown at this time just where the Express- way will go, and they ask that no change be made in Main St. or any street at this time. Mr. Waggoner is to advise Mr. Martin J. Graham in this connection, that the Commission will consid- er no change at this time. Mr. Waggoner presented bill from the Duval Engineering and Con- tracting Co. in amount of $11, 109. 95 covering the recent contract for re-surfacing of streets. The contract was on a unit basis and the above amount is according to actual figures of re-surfac- ing done. Mr. Johansen moved that the bill be paid, seconded by Mr. Claiborne and carried. Mr. Moore presented Resolution #60-19 covering transfer of $109. 95 from unallocated fund to Account #708 re-surfacing of streets in the 1960 budget and moved its adoption, seconded by 411 Dr. Whitehurst and carried. Copy of Resolution # 60-19 is at- tached to these minutes and made a part thereof. Minutes 9-12-60, Page #3 A letter was presented from Hercules, Inc. advising that they do not feel that the salesmen handling the sales of the houses in the Royal Palms Sub-division should have to have a . license to sell. The matter was discussed and after confering with the City Attorney it was the consensus of opinion that they would not need a brokers license, but that the salesmen would need a real estate salesmen's license. Mr. Waggoner advised that the developers have requested permis- sion for gas line installation in Royal Palms sub-division using our city street right-of-way for same. Mr. Waggoner wanted to know if we could permit it to be done. There was a discussion in which it was brought out that if permitted that they would have to replace and maintain the street if a break should occur in their lines . Also that there should be a Resolution to cover stating that it would be for no specific time, and in case the City needed it removed must be done in 30 days, and also spell out these conditions as well as memtioning the Utility Tax. The matter was referred to the City Attorney to draw up the Resolu- tion, which will have to accepted by the developer. Mr. Waggoner advised that it may be necessary for us to accept certain streets, water and sewer lines, etc. from Hercules, Inc. . before they are all completed. What should be our procedure as to a Bond protecting us, as we are taking on an obligation and want to be satisfied about guarantee as to workmanship and mate- rial. There was a discussion and the question of what amount of Bond should be required. It was agreed that if they tore up any streets while still constructing houses, that they would have to fix same. It was determined that a Resolution would be neces- sary to accept and that said Resolution should also include the amount of Bond to protect the City as to workmanship and material. Mr. Waggoner suggested 10% of cost, but there was a question as to whether this was an equitable figure or not. Mr. Waggoner will try and have more information by the next meeting at which time this will be considered further. Mr. Waggoner advised that he has received some preliminary plans on Unit #2 of Royal Palm consisting of 400 lots more or less. 0. the 172 houses in Unit #1, they have proposed that 37 be non- conforming. He was wondering if should reduce the back yard requirement to 20 feet. The matter was discussed and Mr. Harcouv-t Bull, who was present, advised that he felt 30 feet not necessar _ in modern developments and architecture, and suggested that a check be made into other sub-division requirements in other places 411 as there is a possibility that our requirements are too much. It was the consensus of opinion that the non-conforming allowed in Unit #1 was not a precedent, but that the matter of back yard re- quirements be referred to the Zoning Committee for study and recommendation. MiRUW6 $ri3m66, Page *4 Upon motion of Mr. Johansen, seconded by Mr. Claiborne Certifi- cates of Convenience and Necessity were approved for one year beginning September 1, 1960 on the following: Beach Yelloe Cab Co. Morris Transit Service. Mr. Claiborne advised that he felt it would be advisable to have a committee composed of perhaps the Commission and citizens of our colored section, to be appointed by the Mayor, to work out any probleMs they might have as to streets, sewer assessments, etc. It was agreed that we have very good relations with our colored citizens in the Donner section , but they want them to feel free to come before the Commission with their needs and problems, as well as to the City Manager and Mayor. It was felt that it would be well to establish a chain of communications with the aim of working out any future problems. Mr. Hpwell advised that he will be glad to look into the matter for further consid- eration There being no further business , Mr. Johansen moved that the meeting adjourn, whereupon the Mayor declared said meeting adjourned. Wm. S . Howell, Mayor-Commissioner Attest: ase-ek_ Adele S. Grage, City • erk. • RESOLUTION NO. &,e - /? BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, That One Hundred Nine Dollars and Ninety-five Cents ($109.95) from the Unallocated Fund be and the same is hereby transferred to Account No. 708, Street Resurfacing, in the 1960 Budget. Passed by the City Commission on September 12, 1960. Attest: g_ 1.0 City Clerk (SEAL)