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06-09-75 v CITY OF A'T'LANTIC BEACH, FLORIDA AGENDA June 9, 1975 1. Call to Order 2 . Invocation 3. Approval of the Minutes of May 26, 1975 4. Recognition of Visitors 5e Ccrrespondence A. Beaches Leader 6. Commission Consideration A. Ordinance No. 95-75-13 Dog Leash Law - Public Hearing B. P .U.D. Ahern and Sherry - Public Hearing C. Walter J. Parks, Jr. - Report on Water Plans D. Ann Moench Replat Lots 5 & 6 Block 39 Atlantic Beach E. Ordinance No. 65-75-5 Street Closing - First Reading F. Ordinance No. 25-75-11 Flood Insurance - First Reading 7 . City Clerk 8. Chief of Police 9. Director of Public Works 10. City Manager 11. Commissioners 12. Mayor 13. Adjourn MINUTES OF THE REGULAR MEETING OF THE ATLANTIC BEACH CITY COMMISSION HELD AT THE CITY HALL ON MONDAY, JUNE 9, 1975, AT 8:00 P . M. PRESENT: William S. Howell, Mayor-Commissioner Robert R. Rosborough, II F. W. Fogg Robert B. Cook, Sr. AND R. C. Vogel, City Manager Oliver C. Ball, City Attorney Gloria June Knight, City Clerk ABSENT: L. W. Minton, Jr. , Commissioner The meeting was called to order by Mayor-Commissioner, Mr. Howell. The invocation was given by Commissioner Fogg, followed by the pledge to the flag. Approval of the Minutes of May 26, 1975 The minutes of the meeting of May 26, 1975, were approved as written upon a motion by Commissioner Cook, seconded by Commissioner Fogg and carried. Recognition of Visitors Mrs. Ruth Gregg, 905 Sailfish, asked if the property behind M & L Center, Mayport Road, is an alley or a road? She stated that it has a considerable amount of traffic. Mayor Howell stated that the road is private property. Mr. Hilliard, Acting City Manager, stated that he would contact Mr, Mills, owner, and discuss the possiblity of closing the alley to traffic.. Mrs . Gregg also complained about the noise at night coming from a bar located at the east end of the complex. Mr. Hilliard stated that if the noise becomes a nuisance, then the city will do some- thing about it . Mrs. Gregg asked if it is legal to put barb wire on a six foot fence. Mayor Howell stated that it is legal. Beaches Leader The City Commision received a request to sponsor the advertisment for Fletcher High School graduates . It was moved by Commissioner Cook, seconded by Commissioner Fogg and carried to sponsor an ad for the Fletcher High School graduates in the amount of $50,00 . MINUTES JUNE 9, 1975 PAGE TWO Ordinance No. 95-75-13 Dog Leash Law Ordinance No. 95-75-13 amending by adding thereto Section 4-4 of the Atlantic Beach City Code entitled "Animals and Fowl" was presented in full, in writing, on third and final reading by Mayor Howell. He stated that the Chief of Police requested this ordinance and asked him to explain the reason for the dog leash law. Chief Stucki stated that he requested this ordinance based on the problems the city had last summer and on the first couple of weeks this summer. There are a tremendous amount of dogs on the beach. The dogs chase the police cars and the life guard truck. The Police Department has received numerous complaints from individuals. Animal Control, a county function, refuses to operate on our beach with the existing law. "Voice control" is unenforceable insofar as the law enforcement agency is concerned. For the protection on the beach and the overall safety of everyone, at least during the summer months, this ordinance is the proper approach. Mayor Howell then declared the meeting in session for a public hearing. The following pecple were for passage of Ordinance No. 95-75-13: Glover Weiss, 99 Beach Avenue Paul Steckla, 1570 Park Terrace West Charlotte Reid, 277 Beach Avenue Bob Brown, 826 Ocean Boulevard Ruth Gregg, 905 Sailfish Chris Lawrence, 306 Second Street Paul Fox, 900 Plaza Listed below are the people who opposed passage of Ordinance No. 95-75-13: Mrs. James H. Bunnell, 1673 Park Terrace East Dorothy Permenter, 354 Ninth Street Raymond Trine, " ' Coral St. , North Atlantic Beach Lynn Trine, 67 Coral St. , North Atlantic Beach Candy Nordan, 1160 Beach Avenue Marion Marvin, Jr. , 10 Tenth Street Betty Marvin, 10 Tenth Street MINUTES JUNE 9, 1975 PAGE THREE Opposing Ordinance No. 95-75-13 Pat Brown, 271 East Coast Drive Murray Goff, 10 Tenth Street Jana Jenkins, 525 Beach Avenue Jerry Alderman, 1165 Beach Avenue Karl Van Embden, 521 Third Street Anna Van Embden, 521 Third Street After lengthly discussion, Mayor Howell declared the public hearing closed. He stated that the "dog situation" has been the most un- solvable problem that this city or any other city must face. Several members of the audience suggested a compromise, such as limiting the hours when the dogs must be on a leash. Commissioner Rosborough moved that Ordinance No. 95-75-13 be passed on third and final reading with the following amendment; the hours that the dogs must be leased during the months of June, July, and August of each year will be 10:00 until 4: 00 P . M. daily. The motion was seconded by Commissioner Fogg and carried. Mayor Howell stated that he will set up a meeting with the City Attorney to work on introducing a license law for those people who do not buy a dog license from the City of Atlantic Beach. The law will include a fine. P.U.D. Ahern and Sherry - Public Hearing Mr. Lee Ross stated that he wishes to withdraw his request for P .U.D. on Ahern and Sherry Drive. There were no objections from the City Commission. "'alter J. Parks, Jr. Report on Water Plans Mr. Walter J. Parks, Jr. , Consulting Engineer, presented a written report entitled "Water Supply Facilities" for the City of Atlantic Beach. Mr. Parks gave a brief summary of the report. It contains information on existing water supply facilities, wells, water treatment, population growth, etc. Mayor Howell suggested that the commissioners take the report home for study. The commission will meet at a special meeting June 30, 1975, to discuss the report. MINUTES JUNE 9, 1975 PAGE FOUR Ann Moench Replat Lots 5 & 6 Block 39 Atlantic Beach Mrs. Adelaide Kirkpatrick presented a sketch of Lots 5 & 6, Block 39 Atlantic Beach, to the City Commissions Mayor Howell stated that this request to replat Lots 5 & 6, Block 39 Atlantic Beach is strictly a legal matter and should be handled by the City Attorney for his interpretation of the ordinance. Mrs. Kirkpatrick was instructed to furnish the City Attorney with a recent survey showing the existing house in order to determine whether or not this request meets the code. Ordinance No. 65-75-5 Street Closing - First Reading Mayor Howell read Ordinance No. 65-75-5 closing, vacating, and abandoning a portion of that certain street known as Main Street on first reading by title only. Said ordinance was presented in full and in writing. Commissioner Fogg moved that Ordinance No. 65-75-5 be approved on first reading by title only, seconded by Commissioner Cook and carried. Ordinance No. 25-75-11 Flood Insurance - First Reading Mayor Howell read Ordinance No. 25-75-11 pertaining to requirements for compliance with the National Flood Insurance Act of 1968 on first reading by title only. Said ordinance was presented in full and in writing. Commissioner Rosborough moved that Ordinance No. 25-75-11 be approved on first reading by title only, seconded by Commissioner Cook and carried. Ordinance No. 25-75-11 Flood Insurance - Second Reading Mayor Howell read Ordinance No. 25-75-11 pertaining to requirements for compliance with the National Flood Insurance Act of 1968 on second reading by title only. Said ordinance was presented in full and in writing. Commissioner Rosborough moved that the rules be waived and that Ordinance No. 25-75--11 be passed as an emergency on second reading by title only. The motion was seconded by Com- missioner Fogg and carried. Public Hearing to be held June 23, 1975. MINUTES JUNE 9, 1975 PAGE FIVE City Manager Mr. Vogel stated that Mr. Jim Howell, who lives on the corner of Second and Sherry Drive, would like to build a swimming pool on the side yard of _ his house. According tc strict interpretation of the code, the side yard of this property, is the front yard. Mayor Howell stated that this request will be turned over to the City Attorney for interpretation of the code. Mr. Vogel stated that he received an application for constructing a residence in Business A. The code prohibits any residential use on the ground or first floor, except where such use is incident to the permitted business use. Plans were submitted to the City Commission. After discussion, it was moved by Commissioner Fogg, seconded by Commissioner Rosborough and carried to grant preliminary approval of the plans subject to the City Attorney determining whether or not it is in violation of the code. There being no further business, Mayor Howell declared the meeting adjourned. �/ Will/411 ‘111 m S. eowell Mayor-Commissioner (seal) ATTEST: CZ(64(41-- Gloria ne Knight City Clerk