04-10-89 v Amended agenda to include Resolution Numbers on 4 D,E,F,G,H.
•
CITY OF ATLANTIC BEACH
REGULAR MEETING MONDAY, APRIL 10, 1989
AGENDA
Call to Order
Invocation and Pledge to the Flag
1. Approval of the minutes of the regular meeting March 27, 1989 and
special meeting of April 4
2. Recognition of visitors
3. Appearances:
A. Reverend Pierce Ewing to request permission to operate a
carnival on April 15, 1989 as a fund raiser for a new church
4. Consent Agenda:
A. Acknowledge receipt of letter from Walter Hogrefe permit and
production manager, Department of Public Works, City of
Jacksonville concerning renourishment of Atlantic Beach area
between Kathryn Abbey Hanna Park and Atlantic Boulevard to be
undertaken around September 1, 1989
B. Authority for the Jacksonville Beaches' Lions Club to solicit
donations at the Royal Palms/Atlantic Boulevard/Penman Road
intersection on April 29, 1989 from 9 a.m. to 5 p.m.
C. Acknowledge receipt of a nine month evaluation report from the
City of Atlantic Beach Employees Assistance Program
D. Adoption of Budget Resolution 89-15 to provide funds for a
personal computer to be used in connection with the hand held
computerized water meter reading instruments
E. Adoption of Budget Resolution 89-16 appropriating funds for the
purchase of facsimiles machines currently being used in the
City Manager and Purchasing Agent's office
F. Adoption of Budget Resolution 89-17 providing funds for
surveying and appraisals of property in Section H property
intended for use as a regional park and additional signage for
the beaches replacing vandalized signs
G. Adoption of Budget Resolution 89-18 to provide funds to
implement auditors Deloitte, Haskins & Sells for the
construction of shelving and bins at the Public Works building
to contain water plant #1 inventory
H. Adoption of Resolution 89-19 urging a feasibility study of the
conversion of the Casa Marina building into a performing and
visual arts center in Jacksonville Beach
5. Committee Reports:
A. Commissioner Glenn Edwards, Chairman of the Awards Committee
with a report and recommendations on bids for construction for
a new basketball court at Donner Park
B. Commissioner Glenn Edwards with a report and recommendations
relative to bids received for a new dump truck for the Public
Works Department
6. Action on Exceptions:
A. Public hearing on an application filed for exception filed by
Mr. John Becker to utilize a lot in Section H on West 8th
Street for the sale of used cars and car kits
7. Action on Ordinances:
A. Ordinance #57-89-15 introduction and first reading of an
Ordinance amending the Ordinance Code of the City of Atlantic
Beach, Florida; amending Chapter 7, Article II, Section 7-16 to
provide for adoption by a reference of the Southern Standard
Fire Prevention Code 1985 edition and amendments thereto, ' along
with the National Fire Protection Association Life Safety Code
1988 edition and amendments thereto, and setting a public
hearing for April 24, 1989
B. Ordinance #90-89-139 public hearing and final reading of an
Ordinance of the City of Atlantic Beach accepting and approving
land development plans and proposals submitted by D. W.
Tredinick and certain conditions for development of land in the
City of Atlantic Beach on North Seminole Road to be known as
Ocean Terrace
C. Ordinance #90-89-140 public hearing and final reading of an
Ordinance amending the Ordinance Code of the City of Atlantic
Beach amending Chapter 24, the Comprehensive Zoning Ordinance
by amending the official zoning map to rezone lots 41-60 North
Atlantic Beach Unit Two by petition of at least 50% of the
contiguous property owners from residential general, multiple
family RG2 to residental two family RG1
8. Miscellaneous Business:
9. City Manager Reports:
10. Mayor to call on City Commissioners, City Attorney, City Clerk for
reports/or requests:
Adjournment
MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COM-
MISSION HELD AT CITY HALL ON APRIL 10, 1989, AT 7:15 PM V V
O O
2RESENT: Robert B. Cook, Sr. , Mayor Pro Tem T T
Glenn A. Edwards E E
Alan C. Jensen and D D
Adelaide R. Tucker, Commissioners
AND: Richard C. Fellows, City Manager M S
Claude L. Mullis, City Attorney 0 E
Maureen King, City Clerk T C
I O Y
ABSENT: William I. Gulliford, Mayor (Excused) NAME OF ONEN
COMMRS. N D S 0
Mayor Gulliford was out of town and had been excused from attending
this meeting.
The meeting was called to order by Mayor Pro Tem Cook. The
invocation, offered by Commissioner Edwards, was followed by the
pledge to the flag.
1. Approval of the minutes of the regular meeting of March 27,
and special meeting of April 4, 1989
Edwards x x
Motion: Approve minutes of the regular meeting of March 27, Jensen x
1989 Tucker x x
Cook x
No discussion before the vote. The motion carried unanimously.
Edwards x x
Motion: Approve minutes of the special meeting of April 4, Jensen x
1989 Tucker x x
Cook x
No discussion before the vote. The motion carried unanimously.
2. Recognition of Visitors
Ms. Katy Taylor, 1142 Sebago Avenue, addressed the Commission on
behalf of the military community relative to the quarterly utility
billing for the Oak Harbor residents. Ms. Taylor requested that
arrangements be made whereby residents would be permitted to make
partial payments. She said she had spoken with Capt. Mitchell,
Commanding Officer of the Naval Station, and he had offered to work
with the City as well as with the Navy Legal Services to make the
transition to quarterly billing as smooth as possible.
Mayor Pro Tem Cook said the City was aware of the problem and would
do everything possible to work with those residents.
3. Appearances:
A. Rev. Pierce Ewing to request permission to operate a carnival
on April 15, 1989 as a fund-raiser for a new church
Since Rev. Ewing was not in attendance, no action was taken on this
request.
PAGE TWO
MINUTES V V
APRIL 10, 1989 NAME OF
COMMAS. M S Y N
4. Consent Agenda
A. Acknowledge receipt of letter from Walter Hogrefe, Permit and
Production Manager, Department of Public Wbrks, City of
Jacksonville, concerning renourishment of Atlantic Beach area
between Kathryn Abby Hanna Park and Atlantic Boulevard to be
undertaken around September 1, 1989
B. Authority for the Jacksonville Beaches Lions Club to solicit
donations at the Royal Palms/Atlantic Boulevard/Penman Road
intersection on April 29, 1989 fiuu 9:00 AM to 5:00 PM
C. Acknowledge receipt of a nine-month evaluation report faun the
City of Atlantic Beach Employees Assistance Program
D. Adoption of Budget Resolution #89-15 to provide funds for a
personal computer to be used in connection with the hand-held
computerized water meter reading instruments
E. Adoption of Budget Resolution #89-16 appropriating funds for
the purchase of facsimile machines currently being used in the
City Manager and Purchasing Agent's offices
F. Adoption of Budget Resolution #89-17 providing funds for
surveying and appraisals of property in Section H intended for
use as a regional park and additional signage for the beaches
replacing vandalized signs
G. Adoption of Budget Resolution #89-18 to provide funds to
implement auditors Deloitte, Haskins and Sells for the
construction of shelving and bins at the Public Works building
to contain Water Plant #1 inventory
H. Adoption of Resolution #89-19 urging a feasibility study of
the conversion of the Casa Marina building into a performing
and visual arts center in Jacksonville Beach
In discussion before the vote, with reference to Item B,
Commissioner Edwards said he felt permission for such activities
would have to be granted by the Department of Transportation. The
City Attorney said the City of Atlantic Beach had jurisdiction over
Atlantic Boulevard for the purpose of enforcing traffic regulations
and it was felt appropriate for the City, within the scope of its
authority, to grant permission to the Lions Club to solicit
donations as requested.
Commissioner Jensen requested Item H be withdrawn from the Consent
Agenda.
Edwards x x
Motion: Approve passage of the Consent Agenda, with the Jensen x x
exception of Item H Tucker x
Cook x
No further discussion. The motion carried unanimously.
PAGE THREE
MINUTES V V
APRIL 10, 1989 NAME OF
COMMRS. MSYN
Consent Agenda Item H
Commissioner Jensen stated while he was in favor of the activities
outlined in the Resolution, he did not feel it was appropriate for
the City of Atlantic Beach to become involved in the internal
activities of another municipality. After brief discussion it was
agreed to defer action of Resolution No. 89-19 until the next
meeting.
5. Committee Reports:
A. Commissioner Glenn Edwards, Chairman of the Awards Committee,
with a report and recommendations on bids for construction of a new
basketball court at Donner Park
Commissioner Edwards reported ten bids had been received. Research
of the background of the low bidder revealed this company operated
from a home in Jacksonville Beach and had little experience in this
type work. The second low bidder, Starling Construction Company,
was found to be acceptable and it was the recommendation of the
committee that a contract be awarded to Starling Construction for
this project.
Edwards x x
Notion: Award bid for the construction of basketball courts Jensen x x
in Donner Park to Starling Construction, Inc., in an Tucker x
amount of $6,300.00 Cook x
No discussion before the vote. The motion carried unanimously.
B. Commissioner Glenn Edwards with a report and recommendations
relative to bids received for a new dump truck for the Public Works
Department
Commissioner Edwards reported three bids had been received for a
14-yard dump truck. The committee members agreed the City had only
a limited need for a truck of that size and it was their
recommendation that all bids be rejected and the specifications
changed and re-bid for an 8-yard truck.
Edwards x x
Notion: Accept recommendation of the Awards Committee and Jensen x
re-bid for an 8-yard dump truck Tucker x x
Cook x
No discussion before the vote. The motion carried unanimously.
6. Action on Exceptions:
A. Public hearing on an application for exception filed by Mr.
John Becker to utilize a lot in Section H on West Eighth Street for
the sale of used cars and car kits
Mayor Pro Tem Cook presented an application for a Use by Exception
filed by Mr. John Becker to utilize Lot 7, Block 38, at 55 West
Eighth Street, Section H, for the repair and sale of used cars and
car kits. He opened the floor for a public hearing and invited
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PAGE FIVE
MINUTES V V
APRIL 10, 1989 NAME OF
COMMRS. M S Y N
it down. The Architectural Review Board had not reviewed the plans
before construction but had met since then to review the project.
The Board requested some changes, including landscaping etc. , and
these are being made. The City has since then taken the position
of not issuing any building permits until the plans have been
approved by the Architectural Review Board. The City Attorney
explained that had the plans been submitted to the Architectural
Review Board, and had the plans been approved, the board had the
authority to waive certain provisions.
Since no one else wished to speak for or against the Ordinance, the
public hearing was declared closed.
Notion: Approve passage of Ordinance No. 90-89-139 on second Edwards x
and final reading Jensen x x
Tucker x x
No discussion before the vote. The motion carried unanimously Cook x
C. Ordinance No. 90-89-140 - Public Hearing
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY OF ATLANTIC
BEACH, FLORIDA; AMENDING CHAPTER 24, THE COMPREHENSIVE ZONING
ORDINANCE AND LAND DEVELOPMENT CODE BY AMENDING THE OFFICIAL ZONING
MAP TO REZONE LOTS 41 THROUGH 60, NORTH ATLANTIC BEACH UNIT 2, BY
Yjr1TlaN OF AT LEAS ' FIFTY PERCENT (50%) OF CONTIGUOUS PROPERTY
OWNERS FROM RESIDENTIAL (FERAL MULTIPLE FAMILY (RG2) TO
RESIDENTIAL GENERAL TWO FAMILY (RG1) ; AND PROVIDING AN EFFECTIVE
DATE
Mayor Pro Tem Cook presented in full, in writing, Ordinance No.
90-89-140 on second and final reading. Said Ordinance was posted
in accordance with Charter requirements. The Mayor Pro Tem opened
the floor for a public hearing and invited comments from the
audience.
William Morgan, 1945 Beach Avenue, presented the Commission with
copies of a letter he had written the Community Development Board
opposing the rezoning. He said he spoke on behalf of his family
who owned Lots 55, 56, and 57 in the area under consideration, and
urged the Commission to deny the rezoning request.
Herbert Moller, 1911 Beach Avenue, said he had lived at that
address since 1938 and pointed out the majority of people in favor
of the rezoning did not own property in the area. He suggested the
property owners who are in favor of the petition could voluntarily
put deed restrictions on their property, which would be a
reasonable compromise.
Elliot Zisser, 1937 Beach Avenue, said he felt the petition was a
measure to preserve the integrity of the block and make it
consistent with the blocks to the north and south. He requested
that action of the Ordinance be deferred to the next meeting when
it was hoped a full Commission would be in attendance.
PAGE SIX
MINUTES V V
APRIL 10, 1989 NAME OF
COMMRS. M S Y N
Edwards x x
Jensen x x
Notion: Defer action and continue Public Bearing to next Tucker x
meeting and re-advertise Cook x
No further discussion. The motion carried unanimously.
8. Miscellaneous Business:
Mayor Pro Tem Cook presented and read aloud a Proclamation
recognizing April 16 through April 30, 1989, as a period of
observance of the commemoration of the Inaugural Journey of George
' Washington from Mount Vernon, Virginia, to New York City, and his
subsequent Inauguration on April 30, 1789.
9. City Manager Reports:
The City Manager reported in connection with the loan from the
Florida League of Cities to construct the Public Safety Building
the City had received a check in the amount of $153,943.46
representing a share of the arbitrage funds. This money will be
applied to the construction of the new City Hall.
The City Manager also reported the City had budgeted money for a
Lifeguard truck. A suitable 4-wheel drive 1984 Chevrolet truck at
a cost of $4,950.00 had been located and he asked the Commission to
waive the bidding requirements and authorize the purchase of this
truck from George Moore Chevrolet.
Motion: Waive bidding requirements and authorize purchase of Edwards x
1984 4-wheel drive Chevrolet Truck ttnn George Moore Jensen x x
Chevrolet at a cost of $4,950.00 Tucker x x
Cook x
No discussion. The motion carried unanimously.
10. Mayor to call on City Commissioners, City Attorney, City Clerk
for reports and/or requests
City Attorney Mullis reported he had received a letter from Harvey
J. Sepler, representing the American Civil Liberties Union,
expressing concern about the validity of the recent Ordinance
establishing a curfew for minors in Atlantic Beach. Mr. Mullis
confirmed that all Commissioners had received a copy of his
response indicating that in his opinion the Ordinance is
constitutional. Discussions with the Police Department relative to
the application of the Ordinance indicate the ordinance will not be
enforced in such a manner as would render it unconstitutional.
PAGE SEVEN
MINUTES V V
APRIL 10, 1989 NAME OF
COMMRS. M S Y N
There being no further business to come before the Commission, the
meeting was declared adjourned at 8:00 PM.
Aft.'
;,.bert B. Cook, Sr. ,
Mayor Pro Tem, Presiding Officer
A'r1'EST:
Maur en King, City lerku
I(AA Vll.�
LAW OFFICES OF VVw (D _g9
CLAUDE L. MULLIS
PROFESSIONAL ASSOCIATION
4250 LAKESIDE DRIVE /SUITE 114
JACKSONVILLE, FLORIDA 32210
CLAUDE L MULLIS
(904)388-1289
April 10, 1989
Harvey J. Sepler, Esquire
600 N. E. 36th Street, #1918
Miami , Florida 33137
Dear Mr. Sepler:
I am responding to your letter of April 2 , 1989 addressed to
me as the City Attorney of Atlantic Beach on behalf of the
American Civil Liberties Union of Florida (ACLU) on the
constitutionality of Atlantic Beach' s recent Ordinance No. 57-89-
14 establishing a curfew for minors. Atlantic Beach, like you,
is concerned with the implications that any law has on the
freedoms enumerated in the Constitution of Florida and of the
United States and we keep this in mind.
We recognize that one of the great paradoxes in this life is
that we cannot have freedom without discipline. All of us have
freedom of choice but we do not have freedom from choice.
Choices must be made by each of us or others will make them for
us . Certain rules prevail in this world no matter what custom
and public opinion may suggest.
The City Commission did not pass Ordinance No. 57-89-14
without considerable thought and only after receiving input from
the residents of Atlantic Beach including many minors in the
Community. We consider this to be a reasonable exercise of the
police power to protect peace and good morals of the Community
under the conditions that prevail in Atlantic Beach, and the
provisions do not unduly infringe or repress fundamental
constitutional rights.
We have also discussed with our Police Department the
necessary procedures to be followed in applying this Ordinance so
as to avoid rendering it unconstitutional because of the manner
in which it is applied. We do not believe this to be invalid
class legislation and that there is a base for making material
and extrinsic distinction between minors and adults.
Harvey J. Sepler, Esquire
April 10, 1989
Page Two
You may not be aware of the various activities occurring in
Atlantic Beach which prompted the City Commission to enact the
above Ordinance. In so far as we have been able to ascertain,
Atlantic Beach, through the City Attorney, was the first City in
Florida to utilize the extraordinary remedy of obtaining an
injunction against the operation and use of an apartment house
because of illegal drug related activities at the apartment
complex. This case was appealed to the First District of Appeals
and decided favorably to the City and the apartment complex is
now being used for the sale of lawn mowing and related equipment.
I trust this response is adequate and that your organization
will join with us in fulfilling the admonition of Cicero when he
said , "The laws place the safety of all before the safety of
individuals. "
Kindest regards and best wishes,
Claude L. Mull s
City Attorney
CLM/aj
cc: Richard Fellows, City Manager
Mayor W. I . Gulliford, Jr. w/enc.
Benjamin L. Brown, General Counsel, NIMLO w/enc.
CLAUDE L. MULLIS, Rik
(liu.j . 1- 0J
Q` i Ge
1o- 1
600 N.E. 36th Street , #1918
Miami , Florida 33137
( 305 ) 573-1599
April 2 , 1989
Claude Mullis, Esq.
City Attorney, City of Atlantic Beach
4250 Lakeside Drive
Jacksonville, FL 32210
Dear Mr . Mullis:
I am writing on behalf of the American Civil Liberties Union
of Florida (ACLU) to inquire into the constitutionality of
Atlantic Beach ' s recent Ordinance No. 57-89-14 , passed February
13 , 1989 and again on February 27 , 1989 . We are particularly
concerned with the implications such a law has on the the
freedoms enumerated in Article I of the Florida Constitution.
While we recognize that under certain, emergency-type
circumstances, the government may have the power to limit a
citizen' s exercise of these freedoms, the conditions existing in
this case do not appear to warrant such dramatic governmental
action.
I would ask that you review the above ordinance, with
particular respect to potential constitutional problems created
thereby, and write to me, on behalf of the ACLU, to discuss your
findings . We are especially interested in resolving any areas of
confusion before conflicts arise.
Thank you for your attention to this matter ; I await your
soonest reply.
CSin erely,
�J
Harvey ler , Esq.
cc: Richard Fellows
City Manager
City of Atlantic Beach
Robyn E. Blumner , Esq.
Executive Director
American Civil Liberties Union of Florida
NOTICE OF SPECIAL HEARING
CITY OF ATLANTIC BEACH
Notice is hereby given the City Commission of Atlantic Beach, Florida
will hold a SPECIAL MEETING on April 4, 1989 at 7:15 p.m. at City Hall,
716 Ocean Blvd. The topic of discussion will be the new City Hall
building. All persons interested are notified to be present at said time
and place and they shall be heard.
Florida Times Union (Kevin Hogancamp)
Posted:
City Hall