Loading...
09-08-58 v COMMISSION MEETING CITY OF ATLANTIC BEACH September 8th,1958 1. Call to Order. 2. Invocation, Mr. C. U. Kendrick, Jr. 3. Approval of Minutes of Meeting August 25th, 1958. 4. Recognition of visitors. 5. Ccmmunicatioas to Commission. 6. Fletcher Stadi rla v - 7. Bids on Insurance. 8. City Manager 1. MM. S. Smith Const. Co. , Estimate #2 2. Joe Reinertson, Estimate #2 3. Maxwell Apartment, Mayport Rd. 9. Resolution 4P.579-' 24/ 1. Fund Transfer. 10. Ordinances. 1. Subdivision Ordinance, Final Reading. 607'57- / 2. Plumbing Ordinance, First Reading. - '`70_ ,-e 11. Certificates of Convenience & Necessity. 12. Commissioners. J't MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAYS SEPTEMBER 8TH, 1958 AT 8 P.M. Present: Wm. Ss Howell Marion Marvin Chas. R. Moore Hugh Roberts,, Commissioners and Frank Thompson, City Attorney J.F. Waggoner,, Jr., ity Manager Adele S. Grage, City Clerk The meeting was called to order by the Mayor. Commissioner, Mr. Howell The Rev. C.U. Kendrick, Jr. gave the invocation. Upon motion of Mr. Moore,, seconded by Mr. Marvin and carried, the minutes of the regular meeting of August 25th 1958 were approved as written. los. Howell recognized visitors present and called for any business from the floor. Mr. Lee Ross,, Contractor,, requested of the Commission permission to remodel a 2 car garage located on the rear of an Ocean Front . place on the north part of Beach Aver. He advised that the present building encroaches on the City's property, and does not meet the sideline seteback requirements. In remodeling he can relieve the encroachment but would not be able to set-back the required dise tance from the side lines. The matter was discussed and the City Manager advised that he had refused the permit as he does not believe the Zoning Ordinance allows the reconstruction of non-cone forming building.. After further discussion Mre Roberts moved that the Commission back the City Manager in his recommendation and that the permit be denied. The motion was seconded by Mr. Marvin and carried. A letter with an application for an alcoholic beverage license was presented from the Solve Marina Country Club. An application has also been made with the State Beverage Department° This would come under the special miscellaneous classification - Series 11C Club license to soli to members and non-resident guests only. After discussion Mr. Marvin moved that the application for the liquor license for the Club be approved. The motion was seconded by Mea Moore and carried. The matter of Donating to the construction of the new Fletcher Stadium was next discussed. A. written opinion from the City Attorney was read in which he advised that the City of, Atlantic Beach can assess or impose taxes for municipal purposes only as provided by Section 5 Article IX of the Florida Constitution, and in line with our City Charter (Article I, Section 4 (23) the City is empowered " To advertise and promote the interest of Minutes 9e8-58, Page #2 the municipality and its residents through legitimate and recognized means for the accomplishment of such purposee". He advised that advertising at public expense must have economic justification and that if the advertising is not reasonably related to that object., it cannot be said to be for municipal purposes, and it is therefore his opinion that the proposed expenditure of the fund is not for advancing the economic life of the community7 but is a donation for the construction of the stadium.:. and is therefore beyond the power of the City to levy taxes for this purpose° It is his opinion that eny attempt to appropriate moneys, as requested and under the plan of the Junior Chamber of Commerce, could be enjoined by any taxpayer of the City° C.B. Lawrence of the Jr, Chamber, Roy Nelson, Mrs. P.H. Campbell, Mrs. Ernest Butt, Dr. Dowling and others spoke on behalf of the City contributing and finding soma way to do it. Captain Sailor advised that he felt the legal opinion of the Attorney spoke for itself. Mr° Lawrence and Dro Dowling asked for a poll of the Commissioners as to how they stood, and the poll was taken. There was further discussion and conversation. Mr. Robert Lynch, Owner of Radio Station WXTX in Atlantic Beach offered to sell the City time on the air thru his station at the standard rates and that he in turn would give that like amount to the Jaycees for the stadium. Mr. Moore moved that Mr. Lynch present his offer in writing giving rates, etc. and the Commission would give serious consideration thereto° The motion was seconded by Mr. Roberts and carried° There was further discussion following which Mr. Howell called a meeting of the Commission for Tuesday night September 16th, 1958 at 8 DM, tc Consider the Fletcher Statim night, Bids covering the City's .insurance were received and tabulated as follows Henry Holcomb $4,5O3073 C.B. Lawrence, Jr° 4,142°37 R,R, Rosborougb, III 4,878.78 D.B. Watts 5,895.56 The above presented bids as agents for their respective companies° Upon motion of Nr Marvin, seconded by Mr0 Roberts and carried the bids were referred to the Insurance Committee for study and report back at the next regular meeting° Mr° Waggoner presented Estimate iµ2 from Wm. S. Smith Construction Co. in amount of $35,032.50 , and Estimate #2 from Jos Reinertspn of Jacksonville in amount of $30,364.47 to be paid from the Sewer Fund. The estimates have been approved by the Engineer and City Manager° Upon motion of Mr. Moore, seconded by Mr.° Marvin and carried,approval was given for the payment of the two estimates as presented° Mr. Waggoner advised that he had a request for a building permit for a two family place from R.W. Maxwell on Mayport Road. The plans have been approved by tithe State Hotel Commission and the State Board of Health with a sewer disposal that would cost $10800.00. Mr. Waggoner feels that he could work out an agreement with Maxwell to run a City sewer line to his property at, his expense, then as other, Minutes 9.8.58, Page #3 connect to the line, Maxwell could be reimbursed in the same way as we are doing with the SM Company on Sherry Drive. It was discussed and upon motion of Mr. Moore, seconded by Mr. Marvin and carried the matter was left to the discretion of the City Manager to work out an agreement with Maxwell and bring it back to the Commission for approval. Mr. Howell presented Resolution * 58-28 cogering the transfer of $100.00 from Account 728 to Account 731 in the 1958 Budget. The Resolution having been read in full, Mr. Marvin moved its adoption, seconded by Mr. Roberts and the Mayor having put the question thereonthe vote was unanimous for adoption. Copy of Resolution f58.28 is attached to these minutes and made a part thereof. The Commission went in to session for Public Hearing on Ordinance #67.58.1 being an Ordinance prescribing minimum requirements for the design and development of new subdivisions and of re-subdivi• Bions® etc. The Public Hearing is in line with notice as posted. Mr. Marvin presented and caused to be read in full said Ordinance #67.58.1 and moved its adoption on second and final reading. Said motion wa:i seconded by Mr. Roberts and having been duly con• sidered and no one appearing either for or against, the Mayor put the question thereon and the vote was: Ayes Marvin, Moore? Roberts, Howell Nay: None Absents Johansen Whereupon the Mayor declared said motion carried and said Ordinance #67=58.1 duly adopted on secondand final reading° Mr. Howell presented in writing an Ordinance Regulating and Govern- ing plumbing construction, etc. Mr. Roberts moved that said Ordim nance be adopted as amended by Title only on first reading.. The motion was seconded by Mr. Moore and having been duly considered the Mayor put the question thereon and the vote was: Aye: Moore, Roberts, Marvin, Howell Nays None Absents Johansen Whereupon the Mayor declared said motion carried and said Ordinance adopted on first reading° Public Hearing on said Ordinance will be held on September 228 1958 at 8 P.M. Upon motion of Mr. Marvin, seconded by Mr.. Moore and carried, Certificates of Convenience and Necessity were granted to the following for one year from September 1, 1958: Beach Yellow Cab Coo R.M. Altman Trucking Coo Morris Transit Co. 7 Upon motion of Mr. Roberts the meeting adjo *fed. .// Adele S.. Greg, City lark mG :owe * ssion- • RESOLUTION NO. ) BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY FLORIDA, THAT One Hundred ($100.00) dollars be transferred from Account 728, Recreation Expense, to Account 731, Street Light Bulbs, General Fund, 1958 Budget. Passed by the City Commission 19 j Attest: acee_ge_ . City Clerk V (SEAL)