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06-11-79 v AGENDA CITY OF ATLANTIC BEACH, FLORIDA June 11, 1979 Call to Order Invocation and Pledge to Flag 1. Approval of the Minutes of May 28, 1979 2. Recognition of Visitors A. Mr. David Horne - Presentation of Award to Atlantic Beach from Community School 3. Correspondence 4. Advisory Planning Board 5. City Manager's Report 6. New Business A. Mr. George Bull, Sr. - An Agreement to Maintain Roadways B. Acceptance of the Water Distribution and Sewage Collection System for Unit 12B, Selva Marina 7. Unfinished Business 8. Report of Committees 9. Action on Resolutions 10. Miscellaneous Business 11. Action on Ordinances A. Ordinance No. 57-79-8 - Establishing Parking Violations, etc. Third and Final Reading - Public Hearing B. Ordinance No. 40-79-9 - Cable Television System Third and Final Reading - Public Hearing C. Ordinance N-. 10-79-12 Prohibiting Consumption of Alcoholic Beverages on Public Properties - Third and Final Reading - Public Hearing 12. Adjourn MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON JUNE 11, 1979 AT 8:00 P.M. V V DRESENT: William S. Howell, Mayor-Commissioner 0 0 Alan C. Jensen T T James E. Mhoon E E L. W. Minton, Jr. D D Catherine G. Van Ness, Commissioners AND: Bill M. Davis, City Manager M S Oliver C. Ball, City Attorney 0 E Adelaide R. Tucker, City Clerk p C I 0 Y NAME OF ONEN COMMRS. N D S 0 The meeting was called to order by Mayor Howell. The invocation, offered by Commissioner Minton, was followed by the pledge to the flag. Approval of the Minutes of May 28, 1979 Jensen x x Motion: The Minutes of the Regular Commission Meeting be approved Mhoon x as submitted. Minton x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x City Manager's Report Davis requested permission to pay a bill submitted by Coffman & Coleman attorneys representing the City in the Murphy and Thorsen matters, in the amount of $1,846.00 for services in the month of April, 1979. Jensen x Motion: Approve payment of invoice from Coffman & Coleman, in the Mhoon x x amount of $1,846.00 for legal services. Minton x x Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x New Business A. Mr. George Bull, Sr. - An Agreement to Maintain Roadways The Chair recognized Mr. Bull who outlined details of a proposed agreement between Sevilla Development Corporation, Inc. ; Bevue, LTD. ; George and Mary T. Bull, and the City of Atlantic Beach. The agreement proposes for City forces to maintain and repair roadways in Selva Marina Units 10 - 12-B. The above mentioned parties would reimburse the City for services rendered, as the streets in Units 10 through 12-B are not dedicated streets. A discussion followed and the matter was referred to the City Attorney. Mr. Ball stated the proposed agreement should be turned over to a committee, and requested that he and the City Engineer be appointed to serve on the committee. Motion: Send Mr. George Bull, Sr. 's proposed agreement to maintain Jensen x roadways in Selva Marina Units 10, 10A, 10B, 11, 12, 12A, and Mhoon x x 12B to committee for further consideration. The Mayor will Minton x appoint the committee within two days. A A ' * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x CORRECTED PAGE TWO V I V MINUTES Names of JUNE 11, 1979 Commrs . M S Y N •••-- [ New Business - continued B. Acceptance of the Water Distribution and Sewage Collection System for Unit 12B, Selva Marina Mr. Davis advised that he was in receipt of a letter from Mr. Potter, Design Engineer, on the water distribution and sewage collection systems, and also a letter from the State Board of Health indicating the main extension had been properly disinfected and clearance of the main extension had been granted by the Health Department. Also, Mr. Hilliard, the Director of Public Works, had witnessed the pressure test- ing of the water system and had inspected the sewage system,both of Jensen x x which were satisfactory. Motion: The City accept the water distribution and sewage Mhoon x collection systems in Selva Marina Unit 12B for maintenanceMinton x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x Action on Ordinances A. Ordinance No. 57-79-8 AN ORDINANCE AMENDING CHAPTER 11 OF THE ORDINANCE CODE OF THE CITY OF ATLANTIC BEACH; SETTING FORTH PARKING VIOLATIONS; PROVIDING FOR PAYMENT OF PARKING FINES AND ISSUING SUMMONS; AND PROVIDING AN EFFECTIVE DATE. Said Ordinance was presented in full, in writing, and read on third and final reading by Mayor Howell. Ordinance No. 57-79-8 was posted in line with Charter requirements. Mayor Howell opened the meeting for Public Hearing. As no one spoke for or against, the Mayor closed Jensen x .he Public Hearing. Mhoon x x Motion: Ordinance No. 57-79-8 be passed on third and final reading. Minton x Van Ness x x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell x B. Ordinance No. 10-79-12 AN ORDINANCE PROHIBITING THE CONSUMPTION OF ALCOHOLIC BEVERAGES UPON PUBLIC PROPERTIES WITHIN THE CITY OF ATLANTIC BEACH, FLORIDA;PROVIDING AN EFFECTIVE DATE. Ordinance No. 10-79-12 was presented in full, in writing, and read on third and final reading by Mayor Howell. Said Ordinance was posted in line with charter requirements. Mayor Howell then declared the meetinc- in session for a public hearing. Mr. George Bull asked if Mayport Road was included, and the Mayor replied the Ordinance stated all public properties within the City of Atlantic Beach. As no one else spoke for or against, the Mayor declared the public hearing closed. A motion was made by Commissioner Mhoon, seconded by Commissioner Minton to approve passage of Ordinance No. 10-79-12on third and final reading. The Mayor declared a roll call vote be taken to clarify the record. The following votes were cast: Commissioner Jensen Yes Commissioner Mhoon Yes Commissioner Minton Yes Commissioner Van Ness Yes Mayor Howell Yes V V PAGE THREE Names of MINUTES Commr's. M S Y N JUNE 11, 1979 V C. Ordinance No. 40-79-9 AN ORDINANCE PROVIDING FOR THE GRANTING OF A NON-EXCLUSIVE FRANCHISE TO OPERATE A CABLE TELEVISION SYSTEM IN THE CITY OF ATLANTIC BEACH; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANTING OF FRANCHISE; PROVIDING FOR CITY REGULATION OF THE CABLE TELEVISION SYSTEM; PRESCRIB ING PENALTIES FOR VIOLATIONS OF THE FRANCHISE PROVISIONS; AND ESTABLIS'.- ING GENERAL RULES FOR THE APPLICATION PROCEDURES REQUIRED BEFORE GRANTING A FRANCHISE. Mayor Howell explained in detail three clarifying amendments to the Ordinance, (1) An Amendment to Section 10D, Line 29, Page 23: At the end of the last sentence, the following addendem: "It is provided, however, that this section shall not prohibit grantee from servicing or repairing converters and other technical equipment which it owns and which are leased or otherwise furnished to subscribers for use with grantee's services."; (2) An amendment to Section 10E, Line 31, Page 23: By deleting "Jacksonville Beach Electric Department" and inserting in lieu thereof "Jacksonville Electric Authority". ; (3) An Amendment to Section 14 C, Line 8, Page 26: "One Thousand Dollars ($1,000) "be deleted and inserted in its place "Fifteen Hundred Dollars ($1,500) ". Mayor Howell stated the Ordinance was 27 pages long and rnnounced he would happy to answer any questions before reading if anyone in the audience had to leave. Mr. Bull asked if the Ordinance provided for a time frame to commence, and the Mayor answered that the applicant awarded the franchise must start within 90 days from the award date, however the CATV Board has the authority to extend the date due to extenuating circumstances. Mr. Parks asked what provision . the Ordinance contained as to the extent of the work to be accomplishes and how long. Mayor Howell replied they must begin construction of the proposed system within three (3) months after the signing of a franchise agreement, and must begin rendering service to subscribers within six (6) months after the signing of a franchise agreement. Complete construction and make operational twenty percent (20%) of its proposed system within eighteen (18) months after the signing of a franchise agreement and complete an additional twenty percent (20%) each year thereafter so that after five (5) years the entire system shall be substantially constructed and the grantee capable of provid- ing service no more than sixty (60) days after receiving an applicatio for service to every dwelling unit within the Service Area except to the extent that density of homes, adverse terrain, or other factors render making service available impractical. After discussion, Ordinance No. 40-79-9 was presented in full, in writing, and read on third and final reading. Mayor Howell opened the meeting for a Public Hearing. As no one spoke for or against, the Mayor declared the Public Hearing closed. Motion: Passage of Ordinance No. 40-79-9 subject to amendments to Jensen x Section 10D, Line 29, Section 10E, Line 31, and Section 14. M Mintonhoon Line 8, as outlined on the cover sheet. Van Ness x * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Howell PAGE FOUR V V MINUTES Names of JUNE 11, 1979 Commrs. M S Y N • Ordinance No. 40-79-9 - continued The Chair ruled that the amendments do not materially change the Ordinance, and therefore are in order and another Public Hearing is not required. A roll call vote was taken to clarify the record. The following votes were cast: Commissioner Jensen Aye Commissioner Mhoon Aye Commissioner Minton Aye Commissioner Van Ness Aye • Mayor Howell Aye * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Chair recognized Mr. Phil Robinson, 901 Ocean Blvd. who stated that he would like to donate and plant some trees on the medium of Atlantic Blvd. between 3rd and Mayport Road, and the State Road Dept. advised him that he would need a Resolution from both Atlantic Beach and Neptune Beach voicing their approval of the project. A short discussion followed on the maintenance of the medium, as it is not owned by the City of Atlantic Beach or the City of Neptune Beach. The Commission suggested that the City Manager meet with Mr. Robinson during the next week and prepare a Resolution to be presented at the ext meeting. There being no further business, Mayor Howell declared the meeting adjourned. / illi. S. Howell (SEAL) Mayor-Commissioner ATTEST: Adelaide R. Tucker City Clerk CITY OF 7 ?Waft& Bead, Raja 716 OCEAN BOULEVARD—DRAWER 25 ATLANTIC BEACH, FLORIDA 32233 June 11, 1979 CITY MANAGER'S REPORT Coffman & Coleman, attorneys representing the City in the Murphy and Thorsen matters, have submitted a bill for services in the month of April 1979 in the amount of $1,846.00 (see copy attached). I respectfully request permission to pay the same. Respectfully submitt , /c ( 6 / / Bill M. Davis City Manager BMD:j1 WILLIAM S. HOWELL JAMES E. MHOON ALAN C. JENSEN L. W. MINTON, JR. CATHERINE G. VAN NESS Mayor-Commissioner Commissioner Commissioner Commissioner Commissioner BILL M. DAVIS OLIVER C. BALL MRS. ADELAIDE R. TUCKER CARL STUCKI RICHARD HILLIARD City Manager City Attorney City Clerk-Treasurer-Comptroller Chief of Police Director of Public Works and Fire Department r • COUNTY / COMMUNITY / REGIONAL MASTER PLANNING DIVERSIFIED CONSTRUCTION AND DEVELOPMENT ADMIN. / MGE. ECONOMIC / FEASIBILITY ANALYSIS ENVIRONMENTAL OPERATIONAL SYSTEMS PLANNING TOWN / CITY / URBAN PLANNING LANDSCAPE ARCHITECTURE PLANNINGRESOURCE ANALYSIS PROJECT DESIGN 2. Ma 1.7• HILTON T. MEADOWS, Pres, 7201 Arlington Expressway Suite 110 Jacksonville, Florida 32211 Mr. Thomas McCrary 230 Seventh Street Atlantic Beach, Florida Dear Tom: You recognize, as I do, that Garden Clubs throughout the country perform valuable services toward the beautification of their respective communities. As a regis- tered landscape architect, I have taught several Garden Club courses pertaining to landscape design and other subjects. As a matter of fact, I am teaching such courses this coming week for the benefit of Garden Club members in Northwest Florida. The enthusiasm and interest of Garden Clubbers, ladies and men, is to he highly commended. I believe it is fair, however, to point out that Garden Club schools as taught by professionally registered and college trained designers do not prepare attendants as designers. Attendants are taught to understand, to appreciate, to encourage, and to insist upon competent landscape architectural design. Upon observing the rubble covered "grave-like" earth mound which has been created in the middle of the passive park area at East Coast and Seventh Streets, I feel inclined to wonder "why" those of us who instruct and practice apparently have been unable to communicate. In short, the rubble covered mound violates every tenet of landscape architectural principle for park and private beautification projects. Let me list for you and others with whom you may wish to share this letter the violations of accepted and practiced principle: 1. It totally violates the composition of the area. One might best imagine this violation from an aerial view immediately over the park. Or, one might imagine elevating the park on its edge as one would do in viewing a painting. Without very much imagination, one can readily determine that such a "blob" in the midst of an otherwise beautiful and serene painting would destroy its com- position. 2. In destroying the composition of the area, it also destroys the unity of the park. One might best visualize this statement by placing an inverted cone shaped boulder in the middle of a shallow pan of water. Such an object protruding sharply and obtrusively above the water line disunifies the surface in an uncharacteristic fashion. i Page two Mr. Thomas McCrary 26 May 1979 3. It destroys the balance of the area from the standpoint of elements within the landscape. Balance in a landscape may result from symmetrically designed and placed elements having the same shape and mass or from asymetrically designed and placed elements which produce eye sensing balance from such juxtaposing con- siderations as mass, shape, color, texture, scale, placement, repetition, line, sequence and other sensitivities of the experienced designer. 4. It has no proportional, shape, size, scale, textural, line, or harmonizing relationship with any other elements in the park and/or with the overall char- acter, shape, texture, color, or materials compatibility of the area. 5. It has no time value so that succeeding generations may appreciate it as anything more than a mound of earth covered with broken concrete rubble. In short, its character has no sophisticated memorializing value; however, it de- stroys a great deal. 6. It is potentially a safety hazard to small children who might climb upon it, stumble, and receive disfiguring abrasion from the broken edges of the concrete. 7. It creates a continuing maintenance requirement. As was observed, dollar weed quickly works its way in between the crevices of the broken concrete and nut grass thrives well in the exposed soil of the crevices. 8. Flowering annuals and foliage plants in the crevices of the concrete create an objectionable accent of color which in itself contributes to all of the afore- mentioned points. One might best imagine a beautiful lady placing upon her nose an artificially exaggerating nose piece and then painting it with a bright red shade of make-up or with aluminum oxide ointment used by beach-goers at this time of year. Or, one might again visualize the area turned on edge as a painting with a blob of unharmonizing color, materials, shape, and mass in its middle. I was taught that one should not critize unless she or he can offer a better solution or recommendation. I, therefore, recommend that the City of Atlantic Beach obtain a professionally designed Master Plan for the park area with the assistance of the Garden Club and that the Garden Club might then begin a phased implementation of the Master Plan as funds and other resources become available. To assure an acceptable Master Plan, a committee comprised of representative homeowners, Garden Club members, a representative City Councilman, the City Manager, and representative businessmen might work with and review such a P171. I would recommend that the City offer token payment for the devisement of the Plan; however, it might be possible to get the volunteer services of a profes- sional from the community to do a Plan. I will volunteer a limited amount of my services to such an effort. Let me commend the interest and enthusiasm of the Garden Club and offer to be of some reasonable volunteer assistance to them and the City of Atlantic Beach in their efforts to establish this area as the centerpiece of their community. Best regards, 7 • p 41/ Hilton T. Meadows