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10-10-77 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA October 10, 1977 Call to Order Invocation and Pledge to Flag 1. Approval of the minutes of September 26, 1977 Approval of the minutes of September 29, 1977 2. Recognition of Visitors 3. Correspondence A. Sea Turtle Restaurant Improvements - Mr. Louis C. Holloway, Jr. B. Request for janitorial occupational license - Ms. Patricia Sheffield 4. Report of the City Manager 5. Unfinished Business 6. Report of Committees A. Bid Award for Validator - Commissioner Jensen 7. Action on Resolutions 8. Action on Ordinances A. Ordinance No. 90-77-71 to amend Chapter 28-14(a) - Third and Final Reading - Public Hearing 9. Miscellaneous Business A. Paving and Drainage Change Order, Saltair S/D - Mr. Walter Parks, Jr. B. Mayport Junior High School Newspaper Ad 10. Adjourn Copies to Advisory Planning Board MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON OCTOBER 10, 1977 AT 8:00 P.M. V V O O PRESENT: William S. Howell, Mayor-Commissioner T T Robert B. Cook, Sr. E E Alan C. Jensen D D James E. Mhoon L. W. Minton, Jr. , Commissioners M S AND: R. C. Vogel, City Manager 0 E Oliver C. Ball, City Attorney T C Adelaide R. Tucker, City Clerk I 0 Y NAME OF ONEN COMMRS . N D S 0 The meeting was called to order by Mayor Commissioner, Mr. Howell. The invocation, which was offered by Commissioner Minton, was followed by the pledge to the flag. Approval of the Minutes of September 26, 1977 Cook x x Jensen x Motion: The minutes of the regular City Commission Minton x x Meeting of September 26, 1977, be approved Mhoon x as submitted. Howell x Approval of the Minutes of the Special Called Meeting of September 29, Cook x x 1977. Jensen x Minton x x Motion: The minutes of the Special Called Meeting of Mhoon x September 29, 1977, be approved as submitted. Howell x * * * * * * * * * * * * * * * * * * * * * * * * * * Recognition of Visitors The chair recognized Mr. George Bull, Sr. , who requested the Commission to officially record in the minutes the decision of Judge Shields in the case of Max C. Brantley, Janice K. Brantley, and Mary R. Newfang vs. the City of Atlantic Beach. The Court ruled in favor of the complainants, thus allowing Mrs. Newfang to reside in the structure which was the subject of the litigation. Mr. Bull questioned the two- family zoning and Mr. Ball replied that the living quarters specifically Cook x do not apply to persons other than Mrs. Newfang. Jensen x Mhoon x x Motion: Move to accept the City Attorney's recommen- Minton x x dation that the court case of Brantley and Newfang Howell x vs. the City of Atlantic Beach not be appealed. * * * * * * * * * * * * * * * * * * * * * * * * * * * Correspondence A. Sea Turtle Restaurant Improvements - Mr. Louis Holloway Page Two V V Minutes Names of October 10, 1977 Commrs. M S Y N 4it•-411. Correspondence - continued As Mr. Holloway was unable to attend, Mayor Howell suggested the agenda item be passed over until the next meeting. Commission agreed. B. Request for Janitorial Occupational License The chair recognized Ms. Patricia Sheffield, who requested permission to obtain a janitorial occupational license in Atlantic Cook x Beach and operate from her home on 271 East Coast Drive. Jensen x Mhoon x x Motion: Ms. Sheffield's request for a janitorial Minton x x license to operate out of her home be Howell x turned over to the City Attorney for action. * * * * * * * * * * * * * * * * * * * * * * * * * Report of Committees A. Bid Award for Validator - Commissioner Jensen Commissioner Jensen reported that he had conferred with Messrs. Vogel and Tyson and recommended the City purchase the NCR validator. He added that the difference in the price of the Victor and the NCR machines was off-set by the more favorable maintenance agreement Cook x associated with the NCR validator. Jensen x Mhoon x x Motion: Approve the purchase of an NCR Validator Minton x x in the amount of $3,534.00, and annual Howell x maintenance cost of $256.00 per year. * * * * * * * * * * * * * * * * * * * * * * * * * Action on Ordinances Ordinance No. 90-77-71 to amend Chapter 28-14-(a) - Third and Final Reading - Public Hearing AN ORDINANCE TO AMEND CHAPTER 28-14(a) OF THE CODE OF THE CITY OF ATLANTIC BEACH, FLORIDA, ENTITLED "ZONING". Said Ordinance was presented in full, in writing, and read on third and final reading by Mayor Howell. Said Ordinance was posted in Cook x line with Charter requirements. Mayor Howell declared the meeting Jensen x x in session for a public hearing. As no one spoke for or against, Mhoon x Mayor Howell declared the public hearing closed. Minton x x Howell x Motion: Said Ordinance No. 90-77-71 be passed on third and final reading * * * * * * * * * * * * * * * * * * * * * * * * * Page Three V V Minutes Names of October 10, 1977 Commrs. M S Y N Miscellaneous Business A. Paving and Drainage Change Order, Saltair S/D - Mr. Parks The chair recognized Mr. Walter Parks, City Engineer, who requested authority to submit a change order to EDA for approval. The change order, in the amount of approximately $4,000 in favor of Dickerson, Inc. , involves relocation of a short access road, additional pavement grade changes along Sturdivant and catch basin revisions in the Cook x Saltair S/D. Jensen x x Mhoon x Motion: Approve the City Engineer's request for Minton x x authority to submit a change order of Howell x the EDA Federal Grant. * * * * * * * * * * * * * * * * * * * * * * * * * B. Mayport Junior High School Newspaper Ad Mayor Howell suggested this item be passed over until the next meeting to determine the amount of the commitment expected by the school. Commission agreed. C. Commissioner Cook requested the City Attorney's opinion on a letter from Mr. George Bull (which was received by the Commission during the meeting) concerning a missing valve in the water system at Selva Marina Drive and Saturiba Drive. Commissioner Cook question: d the reasoning of the City to instruct the City Attorney to sue the contractor involved. Mr. Ball replied that a Times-Union news item on the subject was in error, and at the present time the City of Atlantic Beach had not entered into a law suit with B. B. McCormick & Sons, Inc. Mr. Ball added that on September 26, 1977, the Commission had directed that the matter be turned over to him for appropriate action, not necessarily a law suit. D. Mayor Howell acknowledged receipt of a letter from Mr. William G. Noe, attorney for Mr. George Bull, Sr. , (read in full to the Commission) regarding a change in the zoning of an area adjacent to Selva Marina Unit 11 to commercial use. Mr. Bull suggested the Commission might wish to reconsider its earlier disapproval of the change, and indicated that if approval was not granted, a suit would be filed against the City. Commissioner Mhoon asserted that his mind had not been changed and the Commission agreed. Mayor Howell declared he would advise Mr. Noe the City Commission's position on the subject remains unchanged. E. The Mayor outlined a complaint from Mr. Davis on a blind corner at the N. W. corner of 11th Street and East Coast Drive. The chair suggested the bayonets be removed from the City property and that the matter be delegated to the City Manager for further action. Commission agreed. Page Four V V Minutes Names of October 10, 1977 Commr s. MS Y N - '�.. Miscellaneous Business - continued The chair recognized Mr. R. A. Goll, of R. A. Coll & Associates, Inc. , who explained he was presenting the last request to the City for release of funds for the HUD grant covering construction of sidewalks for Mayport Road and Plaza. He observed that as soon as the funds are available from the HUD office in Jacksonville, the contract will be received. Mr. Goll also presented the final plans for the State Grant for Donner Park and requested approval and authorization to proceed with advertising for bids (hopefully for bid opening on November 15, 1977). Cook x x Jensen x Motion: Approve the final plans for Donner Park Mhoon x to be funded by a State Grant and call Minton x x for bids as soon as specifications are Howell x completed. * * * * * * * * * * * * * * * * * * * * * * * * * There being no further business, Mayor Howell declared that the meeting be adjourned. William S. liwe 1, a r Commissioner (SEAL) ATTEST: Adelaide R. Tucker, City Clerk