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06-14-76 v CITY OF ATLANTIC BEACH, FLORIDA AGENDA June 14 , 1976 Call to Order Invocation and Pledge to Flag 1 . Approval of the minutes of May 24 , 1976 Approval of the minutes of the Special Called Meeting June 7 , 1976 2 . Recognition of Visitors 3 . Correspondence 4 . Report of City Manager 5 . Unfinished Business of Preceding Meeting A. Steps to Beach on 10 ' drainage easement approximately 150 ° North of 7th Street B. Donner Park; Cost estimate report for repairs and improvements C . Call for bids for water meters 6. Report of Committees A. Animal Control - Commissioner Mhoon B. Mini-Computer - Commissioner Mhoon and Commissioner Jensen 7 . Action on Resolutions A. Resolution #76-5 - Fund Transfer 8. Action on Ordinances A. Ordinance #80-76-14 - Water Rates - Third and Final Reading ; Public Hearing B. Ordinance #65-76-1 - Street Abandonment - Second Reading 9. Miscellaneous Business A. Place by the Sea; Request for PUD - David H. Fort 10. Adjourn MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, JUNE 14, 1976 AT 8:00 P.M. PRESENT: William S. Howell, Mayor-Commissioner Robert B. Cook Alan C. Jensen L. W. Minton, Jr. , Commissioners AND: Robert C. Vogel, City Manager Oliver C. Ball, City Attorney Adelaide R. Tucker, City Clerk ABSENT: James E. Mhoon, Commissioner - Out Ill The meeting was called to order by Mayor-Commissioner, Mr. Howell. The invocation was given by Commissioner Minton, followed by the pledge to the flag. The minutes of the meeting of May 24, 1976 were approved as written upon a motion by Commissioner Jensen, seconded by Commissioner Minton and carried. The minutes of the special called meeting of June 7 , 1976 were approved as written upon a motion by Commissioner Jensen, seconded by Commissioner Minton and carried. The Mayor called for visitors in the audience that had anything to bring up that was not on the agenda. Mr. George Bull, Sr. obtained the floor and gave a lengthy talk on the City ' s participation and cooperation of maintaining liaison with the Architectural Control Committee of the various units of Selva Marina Subdivision. He related that there had been several instances of the City issuing permits for a fence and several auxiliary buildings in the recent past that were in conflict with the deed restrictions and did not have approval of the Arthitectural Control Committee. Mr. Bull pointed out that the property owners with a 51% vote could take over the Architectural Control Committee and change the covenants and restrictions as deemed necessary by the said committee. The Mayor pointed out that the City did not have at this time, nor in the past, legal authority to enforce covenants of a deed restric- tion, and if anyone presented plans that were in compliance with the City ' s building code and insisted that they not be required to seek approval of any Architectural Control Committee, then the City had no alternative but to issue the permit and that it was solely the responsibility of the property owners and their appointed committees to police and enforce the subdivision restrictions and, if necessary, to pursue the enforcement in a court of competent jurisdiction. Page Two Minutes June 14, 1976 The Mayor again emphasized that the Constitution of the State of Florida and the Charter of The City of Atlantic Beach does not allow a duly elected governmental body to delegate their duties and responsibilities to anyone that is not part of the government . -after much discussion, it was decided that the building department would advise Selva Marina property owners of the deed restrictions before issuance of a permit and if approval-of-the Architectural Control Committee was not received, a notice would be typed on the permit stating that said property owner could be subject to a suit by the property owners of Selva Marina Subdivision. City Manager ' s Report, Mayor Howell stated that the Commissioners received a copy of the City Manager' s report and no discussion followed on the items in the report. Steps to Beach on 10'.1:,brainaSe Easement Approximately 150' North of 7th Street, Mayor Howell stated that due to the installation of the French drains on 7th Street it would be an exercise in futility to install steps to the beach due to the fact that they would have to be torn down in September when the Beach Renourishment Program was started. Donner Park Mr. Vogel stated that he received a price on a pre- fabricated building for Donner Park and stated that he wanted to verify the price with the manufacturer. He also stated that he had several electrical contractors working on the lighting bids and hoped that a complete cost estimate would be ready by the next regular meeting . Mayor Howell stated that if the price estimates came in prior to the next meeting, a special meeting would be called for the purpose of taking action on funding and implementing the proposed work schedule. Call for Bids for Water Meters Mr. Vogel proposed that bids be sent out for all types of water meters for a one year supply. Upon a motion by Commissioner Cook and seconded by Commissioner Jensen, approval was given to call for bids on water meters . Page Three Minutes June 14, 197E Public Hearina - PUD Selva Marina Unit #9 It was necessary due to the fact that the Public Hearing was not on the agenda, that 4/5 ' s of the Commission vote on the Public Hearing . Commissioner Cook made a motion to have a Public Hearing on Selva Marina Unit #9 - Planned Unit Development. The motion was seconded by Commissioner Minton and carried unanimously. Mr. Bull presented a topographic survey of the proposed area and cited his reasoning for requested PUD in lieu of complying with the Sub-division Ordinance. Planned Unit Development will allow for development of land by achiev- ing natural replenishment of the aquifer instead of curbs, gutters and storm sewers that would drain fresh water into the streams, rivers and ocean. The development of the in- stallation of water and sewer lines will be accomplished by the same method of previous developments as well as underground electric and telephone eauipment . The Mayor then opened the meeting for a Public Hearing and stated that anyone wishing to speakfor or against approval could do so. Mr. Allen Ray of Park Terrace East raised the question of stripping the land and the Mayor referred this question to Mr. Bull. Mr. Bull stated that there was little if any salvageable vegetation and the topo- graphy of the land was such that in order to achieve continuity it will be necessary to cut the high spots and fill the low spots to adapt the land for proper development. He assured everyone that if at all possible any trees of value would be saved. There being no further discussion for or against the unit, the Mayor declared that the Public Hearing be closed. It was moved by Commissioner Cook that the concept for Selva Marina Unit #9 be approved under Planned Unit Development and so far as possible a determina- tion will be made concerning restrictions that may be in- corporated in the Planned Unit Development. The motion was seconded by Commissioner Minton and approved unanimously. Animal Control - Commissioner Mhoon Mayor Howell stated that Commissioner Mhoon was out ill and the report would be passed over to the next regular meeting. Mini-Computer - Commissioners Mhoon and Jensen The Committee ' s report recommended the purchase of the Burroughs L-8941 at a cost of $21, 387 .00. Commissioner Minton made the motion to accept the Committee ' s report Page Four Minutes June 14, 1976 and purchase the Burroughs L-8941 as recommended subject to passage of Resolution #p76-5 , The motion was seconded by Commissioner Jensen and carried. Resolution #76-5 Resolution #76-5 was presented in full, in writing and read by Mayor Howell. A motion was made by Commissioner Minton that said resolution be passed. The motion was seconded by Commissioner Jensen and carried. Ordinance #80-76-14 Ordinance #80-76-14 was read in full by Mayor Howell on third and final reading and the meeting opened for a Public Hearing. There being no discussion for or against said Ordinance, the Mayor declared the Public Hearing closed. A motion was made by Commissioner Cook to pass said Ordinance on third and final reading with a Public Hearing. The motion was seconded by Commissioner Jensen and carried unanimously, Ordinance #65-76-1 Ordinance #65-76-1 was read by Mayor Howell on second reading by title only. Commissioner Jensen made a motion to pass said Ordinance on second reading by title only. The-motion was seconded by Commissioner Minton and passed . Public Hearing will be held on June 28, 1976. Place By The Sea - Request For PUD - David H. Fort The request for Planned Unit Development at Place Ey The Sea Apartments was referred to the Advisory Planning Board. The request will be brought up at the Commission meeting after the Planning Board has made a decision. A discussion was held on transferring the General Fund from the Southeast First National Beach Bank to the Ocean State Dank. No action was taken and a motion was made by Commissioner Minton, seconded by Commissioner Jensen to consider this transfer at the next meeting. There being no further business, - yor H. '-, y declar-d that the meeting be adjourned. if 0 , , / S . Howell, Ma= •r (SEAL) ATTEST a ' 2,c Adelaide R. Tucker City Clerk RESOLUTION #76-5 BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF ATLANTIC BEACH, DUVAL COUNTY, FLORIDA, that The following budget transfers and changes to be made in the 1975-76 Budget : ACCOUNT INCREASE DECREASE 2-1000 - Administration $21 , 327 . 1051 - Fund Balance $21 , 327 . TOTAL $21 , 327 . $21 , 327 * * * * * * * * * * * * Passed by the City Commission on June 14 1976 ATTEST : (SEAL) Adelaide R. Tucker City Clerk