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08-23-71 v CITY OF ATLANTIC BEACH AGENDA August 23, 1971 1. Call to order. 2. Invocation 3. Approval of Minutes of August 9, 1971 & August 12, 1971. 4. Recognition of Visitors 5. Correspondence. 6. Sewer & water service to property west of Mayport Road North of City limits. 7. Drainage easement - Lomar Builders. S. ORDINANCES : Second & final reading - Public hearing (a) Ordinance 90-71-50 - Blk 44 & 45 Sec. H. (b) Ordinance 90-71-51 - Lot 17, Blk. 27, Royal Palms and Royal Palms Tract. 9. Purchase of Lot 47 Saltair Section 2 10. Report on Sewer Plant construction. 11. Chief of Police 12. Public Works Superintendent 13. City Clerk 14. City Manager 15. Commissioners 16. Mayor 17. Adjourn w MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, AUGUST 23 , 1971 AT 8 :00 P.M. Present: William S . Howell, Mayor-Commissioner A. J. Longo L. W. Minton, Jr. R. R. Rosborough M. Marvin, Commissioners and R.C.Vogel, City Manager Oliver Ball, City Attorney Adele S . Grage, City Clerk The meeting was called to order by the Mayor-Commissioner, Mr . Howell. The invocation was given by Commissioner Minton, followed by the Salute to the Flag. The minutes of the meeting of August 9, 1971 were approved as written upon motion of Mr. Longo, seconded by Mr. Rosborough. The minutes of the special meeting of August 12 , 1971 were approved as written upon motion of Mr. Longo , seconded by Mr. Rosborough. Mr. Howell recognized visitors and called for any business from the floor not on the agenda. Mr . Lazar asked about the progress on the finding of funds for planning as talked about at a previous meeting. Mayor Howell stated that he had had correspondence with Gerald Dake and Kemp, Bunch and Jackson and the City Commission was going to go into session with the firms who had responded from the last City Commission meeting. City Manager Vogel stated that the Com- mission has the power to alter the budget at anytime of the year and they can change the budget to accommodate expenses within reason. Mr. Howell read a let.cer received from the Air and Water Pollution Control together with a construction permit to start the sewer plant . He stated that there were a couple of contingencies that they were contacting Tallahassee on and asking for clarification. The permit is basically in order, he commented. Mr. Howell stated that he had talked to Atlanta today and they requested that we not actually go ahead and sign the contract until they were in receipt of Addendum 3 and can approve it which should be sometime between the date of this meeting and the 12th of September which is the deadline for signing the contract with Savage and Brandt . He asked for approval of the City Commission to sign the contract upon re- ceipt of approval from Atlanta. It was moved by Mr. Longo, seconded by Mr. Marvin, and passed, that the Mayor and other necessary officials sign the contract with Savage and Brandt for their go mead on the work as per their bid as soon as an approval is received from Atlanta. Mr. Ball stated that the City was threatened with a lawsuit which pertains to a lien the City has against a lot in Donner area. He stated that about three years ago a house burned down and it became incumbent upon Atlantic Beach to tear the remains down and they then placed a lien against the lot for the cost of tearing the house down, in the amount of $430. This has been a problem for the 1111- Minutes 8/23/71 - Page 2 last couple of years. Apparently who the City of Atlantic Beach believed was the rightful owner, was not, and he had sold the pro- - perty. A compromise came in from the record owner 's attorney, together with a check in the amount of half of the lien, suggesting that this settle the matter. Mr. Ball recommended receiving this amount of $216 . 50. It was moved by Mr. Marvin, seconded by Mr. Miaton, and passed, that a resolution be adopted to accept the $216 . 50 in payment of the lien against the property. Copy of Resolu- tion #71-18 is attached hereto and made a part hereof. Mr. Vogel stated that he had a request from the owners of Pecan Grove Apartments to furnish them sewer and water, to that area and they would stand the financial end of it . Mr. Parks , the City Engineer stated that we could handle the load with the current in- stallation, that the units would be 96 in the beginning, and even- tually about 300. There is an extra tap into the force main that they can link into and even if it is not adjacent to the area, another tap can be put in. Following discussion, it was moved by Mr. Rosborough, seconded by Mr . Longo, and passed, that we permit them to tap in at the appropriate time subjectto the entire system being installed under the Specification; and supervision of the City Commission. This is the line going to Buccaneer Trailer Court which was put in large enough to accommodate other users . The apartment developer will put in necessary lift station Mr. Vogel presented a request from the Lamar Builders to accept the drainage easement on property they have acquired to install drainage by them at their complex at their expense . The City will b e respon- sible for it once it is completed, and the developer is fully paying for the installation. It was moved by Mr. Marvin, seconded by Mr . Longo , and passed, to accept the easement . Mayor Howell read in full on second and final reading Ordinance 90-71-50 extending the effective date on rezoning Blocks 44 and 45 Sec . H. Notice of Public Hearin,_ on said. Ordinance was posted in line with charter requirements . Ivlayor 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. Marvin and_ passed that the Ordinance be approved on its second and final reading. Mr. Howell read in full on second and final reading Ordinance 90-71-51 extending the effective date on rezoning Lot 17, Block 27 R.P. and tract lying south thereof to Vienna Schnitzel Haus property. Notice of Public Hearing on said Ordinance was posted in line with charter requirements . Mayor Howell declared the meeting in session for Pub- lic Hearing on said Ordinance . No one appeared or aainst tle Ordinance and Mayor Howell declared the public hearing closed. It was moved by Mr. Longo , seconded by Mr . Rosborou� h, and passed, that the Ordinance be approved on its second and final reading. City Attorney Ball introduced the subject of the lot south of the Fire and Police Station. The City had tried to purchase the lot several times and had received an appraisal of 5;1,000 from the appraiser hired by the City. The owner was so notified and she re- tained a law firm who also had the lot appraised in the amount of Minutes 8/23/71 - Page 3 $1, 700 for the lot. Mr. Ball produced a letter he had received from the attorneys who demanded 32 ,000 in payment for this lot, which when broken down would be $1, 700 for the lot , $175 for their ap- praisal, and : 125 legal fees . It was pointed out that Atlantic Beach had used this lot without permission for the past several years and the owner had complained about this in the past. It was Mr. Ball ' s recommendation that the lot be purchased for the sum of ; 2 ,000, which in his estimation was not an unreasonable request. Following discussion, it was moved by Mr. Marvin, seconded by Mr. Minton, and carried, that Resolution be adopted to purchase Lot 47 SA for $2,000 with the funds to be taken from the Capital Improve- ment of the Parks Department. The vote was as follows . Aye : Longo , Marvin, Minton, Howell . Nay: Rosborough Copy of resolution #71-19 is attached hereto and made a part hereof. Mr . Longo stated that he wanted to formally voice his objection to the purchase of this lot and to the City being forced into buying it, although he voted for the purchase because we needed it. Mrs . Grage reported that the City registration books were open for anyone wanted to register for elections , that is newcomers and those not already registered under our permanent reEistration. Mr. Vogel stated that he and Mr. Hilliard had gone over the offsite plans for the apartment complex on Atlantic Boulevard to be built by the Lamar Builders and they were following Mr. Parks ' recommenda- tion on changing the water coming in off of Mayport Road rather than the way it was originally designed. This was the original recom- mendation from Mr . Parks to the builders and they chose to ignore it and design it to their own choosing. They show a 3" meter which will not pass the Underwriters inspection for fire control, they need a 6" meter. He stated that it was to the builders advantage to come off of an 8" line off of Mayport Road. There being no further business the meeting was declared adjourned by Mayor Ho ell at 8 :32 o ' clock p.m. Restfu1 y ub'itted, 1/7f -2 Ad,' AK ' ' i' ',/ 1 • i.77 s . 'f. re 1 ,:///7 Attest : Mayor-Commissioner C JS-f2 - J.. Adele S. Grage , ' • City Clerk i • , -V 1 , RESOLI TION NO: 71- 19 WHEREAS, the City of Atlantic Beach has been negotiating for the purchase of that certain lot, i.e. Lot 47, Saltair, Section 2, owned by Mrs. Mary Coryell (Graham) which is located adjacent to the Atlantic Beach Public Safety complex, said lot being surrounded by public lands, i.e. Police Station, Fire Station and Recreational facilities, and WHEEREAS, said lands are desired and needed for public purposes, and WHEREAS, the owner of said lands has expressed a willingness to convey in fee simple the lands to the City of Atlantic Beach at a figure of $2,000.00, NCLJ, THEREFORE, BE IT RESOLVED BY THE CITY CCIIMISSION OF THE CITY OF ATLANTIC BEACH, FLORIDA, AS FOLLY: That the City of Atlantic Beach purchases from the owner (Mrs. Mary Coryell [Graham]) that certain lot described as Lot 47, Saltair, Section 2, for the stun of $2,000.00, said lot to be used for public purposes. PASSEL) BY Tli CITY QD'MISSIni; O 11uc-ust 233, 1971 A'rrEST: a 66...ae_ r74/ -1 /4 Adele S. fra -- City Clerk.