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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 xpag oq TPoTgopadurr uaaq anpg pTnoM qT oaogM ebpgs agq pagopai ppg burpTTnq egg pup spappupgs u&Tsep am. go sguauraaTnboa agq O . g.IeTP you SPM qua gapdaQ buTPTTng egg pup guaurdoTanap gpgg uT asnog gsaTg age SPM sTgq. gpgq. pappp .Iabpupw A;TD ags •pa.IanoOsTp SPM UOTgPTOTA alp a.ao;aq uozg3n.I4suoo zapun AppaaTp SPM uoTgsanb uT esnog agg ;PIP papuodsa.I 'quaurdoTanap apTsupa3O agq go aadoTanap 'Ta3V •.Iys •paMoTTog you a.IaM sp.Ippupgs asap gOTIM uT pa.Ip agg uT auiog auo Jo oapMp SPM ags pTPs agg •guaurdoTanap epTsupao0 agg go asap oq -TeTTuiTs a.IaM guowdoTanap goa[gns agg uo suoTgoT.Igsaa JT pa31sp 'ppod eTouTuraS 0017Z 'aTgoj auaATO •s14 •aouaTpnp egg uio.IJ sguawwoO pagTAuT pup buTapag ozignd p Jog .zooTJ eqg pauado utas o.Id .IOAPW ags •squaura.ITnba.I .Iag.IpgD gTTM aoupp.I000p uT pagsod SPM aOu5UTp.10 PTPS •burppoa TpuTJ pup puooas uo 68T-68-06 •oN aoupuTpaO 'buT3T.IM uT 'TTnJ uT paguasoad Novo ural O.Id .IoApw (0 o p.I z o j, us a o 0) aF1U an_uaraga NV JNIIOIAONId =I1 MIH DTTNF IDI 30 MID 3HI NI ON1E'T 30 J1HddO HAaa 2103 SNOLLIUNOD NICD (NV ?DINIa32T.L 'M'O AH ( LLLI 1flS '1V Xk AId (NV NVId JNHWO HA.3Q ONVI DNII1&IddV ONV DNILEIHDDV 'oval DIJN TaLV 30 LITD HHI 30 3JNVrII@IO NV buT.ze°H oTTqnd - 6£T-68-06 -oN aouuuTPzO 'H •ATsnou1Tupun paT.z.Ipo uoTgoui ags -awn agq a.Io;oq uoTssnosTp ON X NOM x x imppy 686T '17Z TTIdV buT.zp1 oTTc1 Jog qas pup buTpeaz x x uasuar gs.ITJ uo ST-68-LS •oN aoueuTpIO Jo abusssd anazddj :uoTgow x sTsMp •buTppaa gsITJ uo ST-68-LS •oN a0upurp.10 'buTlTam uT 'Tin; uT poquasold Noo0 oras cud aoAsj, HIVU atimpaaaa NV SNIUIA0dd 'NOIJ,Ia3 8861 HOOD AIMVS HATI TOT NOLWID06SV NOTIOHIJd ;4HT.I WN OLLVN 311L (NV ''�j[iipT.TFlNH TNT ssmaco 3000 DNIIU9111H N 11 1111105 SH,L AH O3HSI'IHf1d 'SNOISIASI h U M NOI,LI03 S86T HUM NOTINHASHd ;4NT.I @TVG1VrS SH,L al32i AH JdOUK OI 9T-L NDIS"XIS 'II 3<DIIaV 'L IELTZVHD ONIIaIZ JWV 4R1DIOI3 'HOWE =MP/P/ 30 MLID 3HZ 30 HOOD SDNVNICE0 SHI DNIIa[HWV 3DNVNIIOIO NV UTpuaa gs1T3 - ST-68-LS -oN aouuurpI0 'K :saousuTpl0 uo uoTgOV •L ApN buTgon .Ia3f0ns .IauoTssTwuoD ggTM agoA auo og aazgg P uo paT.Izp0 uo-pow agg pup pOTTpO SPM uoTgsanb ags •suoTgTpuoo agg og paa.Ibp pus poogs.Iapun ag pTPs 'eouppuaggp uT SPM ogM .Iaxoag •.Iys x Nom pagoaxa aq aouag u Pup 'abuiogs X aa3[on4L apTsgno ou aq pTnan aaag4 qugq 'aurg auo qu s1eo x x uasuar aATJ qugq 010M cxi buTOTAJOS Oq PagTIITT aq 1a3[0ag x x spiempa uorgTpuoo aqq ggTr4 uoTgdaox3 Aq asn a/azddv :uoigcw •pasoTo buT.Ipag OTTgnd agq pa.IpToap Nom ural oad aoA94 'uoTgdOOxe agg gsurpbp .Io aoJ a3[ods auo ou OOuTS •eouaTpne agg woag sgueuiuoo N AS w 'SHWWOD dO 3WYN 686T 'OT 'IIHdV A A saInnug 2ilnQ3 3DKd 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