11-16-1992 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
NOVEMBER 16, 1992
MINUTES
CALL TO ORDER
Mayor Jack Hayman called the meeting to order at 7:00 p.m. in the Community
Center.
ROLL CALL
Mayor Jack Hayman
Councilman Kirk Jones
Councilwoman Louise Martin
Councilman Michael Hays
Councilman David Mitchum
City Attorney Krista Storey
City Manager George McMahon
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION, PLEDGE OF ALLEGIANCE
Rev. Dr. Tee, Edgewater Union Church, delivered the invocation. There was a
pledge of allegiance to the Flag.
PRESENTATIONS OF CERTIFICATES OF APPRECIATION AND PLAQUES
Mayor Hayman read the certificates and plaques for the following: Lauretta
Shafer for Community Service; Robert Wolfe for Community Service; NoraJane
Gillespie, former Council member; and Tanya B. Wessler, former Mayor. He
presented them to all but Robert Wolfe, who was unable to be present.
APPROVAL OF MINUTES
Reqular Meetinq of November 2, 1992
Councilman Hays moved for approval. Councilwoman Martin seconded the motion.
Motion CARRIED 3-0. Mayor Hayman and Councilman Mitchum abstained from voting
as they were not in office at that time.
Special Meetinq of November 4, 1992
Councilwoman Martin moved for approval. Councilman Hays seconded the motion.
Motion CARRIED 5-0.
CITIZEN COMMENTS
Ralph Hope, 1842 India Palm Drive, encouraged Council1s approval of resurfacing
India Palm due to the condition of the road base.
John Whittenton, 1843 India Palm Drive, spoke about the traffic and dust on India
Palm and asked that something be done about the road.
Richard Jones, 1530 Sabal Palm Drive, welcomed the Council and spoke about the
condition of 16th Street and asked that someone look at the bad intersections.
CONSENT AGENDA
Park Avenue Water Line Upqrade - Impact Fee Eliqibility; Ranken Road Water Line
Extension - Impact Fee Eliqibility; and Florida East Coast Railway License
Aqreements related to annexation of Daytona Beach Community Colleqe South Campus
Councilman Hays moved for approval. Councilwoman Martin seconded the motion.
Motion CARRIED 5-0.
NEW BUSINESS
Appointment of Vice Mayor - Councilman Hays nominated Kirk Jones. Councilman
Mitchum seconded the motion. Councilman Hays commended Louise Martin for the
excellent job during her terms as Vice Mayor. Motion CARRIED 5-0.
Status of Citizens Council Advisory Committee whose term expires November 30,
1992 - Councilman Jones moved to set up a workshop to go over some of these
things with the new Council members. Councilman Mitchum seconded the motion.
Councilman Hays suggested Committee members be contacted to see if they want to
continue and if they feel the Committee should carryon. Dr. Charles Gebelein,
1730 Umbrella Tree, Chairman of Citizens Council Advisory Committee, commented
on the termination clause on this Committee's Resolution which isn't used for
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NEW BUSINESS (Continued)
Status of Citizens Council Advisory Committee whose term expires November 30.
1992 (Continued) other boards and committees and suggested this be set up the
same as others. He recommended appointments expire in November in the even years
and noted there was nothing in the Resolution about removing someone from the
Committee. Councilman Hays explained the reason for the sunset clause. After
comments from City Attorney Krista Storey regarding clarification of the
Committee's status until the workshop is held, Councilman Jones amended his
motion to extend terms until after the workshop. Councilwoman Martin seconded
the motion. Amended Motion CARRIED 5-0. Motion for workshop CARRIED 5-0.
Police Chief1s request to purchase three budgeted used non-pursuit vehicles from
Bob Dance Dodge for $29.700 - After brief discussion with comment that this came
in under the budgeted amount, Councilman Hays moved for approval. Councilwoman
Martin seconded the motion. Motion CARRIED 5-0.
Parks and Recreation Director's request to purchase budgeted Konica copier for
$6.804 using Government contract - Councilwoman Martin moved to approve.
Councilman Hays seconded the motion. Motion CARRIED 5-0.
Resurfacing India Palm Drive from 19th Street to Indian River Boulevard due to
rapid base deterioration at estimated cost of $4.800 - Councilman Hays moved
for approval. Councilwoman Martin seconded the motion. City Engineer Kyle
F eg 1 ey commented on the current cond it i on of the road. The urgency of th is
request was emphasized due to additional cost in the future if it is not done
quickly. City Manager George McMahon confirmed the funds will have to come from
the unappropriated reserves but that he feels it is a necessary expenditure.
Motion CARRIED 5-0.
Parks and Recreation Director1s request to purchase budgeted Toro Reelmaster
mower from Zaun Equipment Co. for $12.696.08 using Federal Purchasing Agreement
Parks and Recreation Director Jack Corder explained the need for this type mower
with bermuda grass on the ballfields and the age and condition of the current
mower with possible inability to get necessary parts. Councilwoman Martin moved
to approve. Councilman Jones seconded the motion. Motion CARRIED 5-0.
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS
First Reading:
Ord. 92-0-15 Amending text of Zoning Ordinance to el iminate rear and side
setbacks for industrial uses receiving industrial rail service - Mayor Hayman
read the Ordinance. AN ORDINANCE AMENDING THE ZONING ORDINANCE OF EDGEWATER,
FLORIDA, AMENDING SECTIONS 607.00 (1-1 LIGHT INDUSTRIAL DISTRICT), 607.01 (1-2
HEAVY INDUSTRIAL DISTRICT), 607.02 (1-3 INDUSTRIAL PARK DISTRICT), and 607.03
(PID PLANNED INDUSTRIAL DEVELOPMENT DISTRICT) BY REQUIRING NO REAR AND/OR SIDE
YARD SETBACK WHERE THE REAR AND/OR SIDE PROPERTY LINE ABUTS A RAILROAD RIGHT-
OF-WAY AND THE USE REQUIRES RAIL SERVICE SUBJECT TO PROOF OF ACCESS TO THE
RAILROAD RIGHT-OF-WAY FOR THE PURPOSE OF MAINTAINING STRUCTURES ADJACENT TO THE
PROPERTY LI NE; PROV I DING FOR CONFLI cn NG PROV I S IONS, SEVERAB I LI TY AND APPLI-
cABILITy; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFI-
CATION. Community Development Director Mark Karet explained the background of
this ordinance. Dominick Fazzone, Vice Chairman of Land Development & Regulatory
Agency, confirmed Mr. Karet's comments. Councilman Mitchum expressed concern
with bypassing LDRA's action to place this on tonight's agenda and if it would
set a precedent. Joe Martin, agent for the applicant, Coronado Paint Company,
explained the original application was submitted in May and the applicant has
agreed to subsequent changes. Mr. Karet explained the earlier site plan approval
and the condition of pending LDRA approval. Councilwoman Martin questioned using
the variance process and Mr. Karet explained it would probably have been denied
and then they would have applied for text amendment. Pete Hellsten, Chairman
of Land Deve 1 opment & Regu 1 atory Agency, prov i ded input regard i ng LDRA I S concurr-
ence with staff's recommendations and not being bypassed. Mayor Hayman pointed
out this could be addressed with the Land Development Regulations for other types
of businesses and Mr. Hellsten agreed. Councilman Hays moved for approval of
92-0-15. Councilwoman Martin seconded the motion. Motion CARRIED 5 -0.
2 Council Regular Meeting Minutes
November 16, 1992
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ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS (Continued)
First Readinq: (Continued)
Ord. 92-0-20 Amendinq Section 706.00 of Zoninq Ordinance (Fences, Hedqes, and
Walls) - Mayor Hayman read the Ordinance. AN ORDINANCE AMENDING THE ZONING
ORDINANCE OF EDGEWATER, FLORIDA; AMENDING ARTICLE II (DEFINITIONS) BY ADDING THE
DEF! N IT I ON OF FENCE; AMEND I NG SECTI ON 706.00 (FENCES, WALLS AND HEDGES) BY
SETTING FORTH NEW STANDARDS TO REGULATE THE USES OF FENCES; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN
EFFECTIVE DATE; PROVIDING FOR ADOPTION AND CODIFICATION. Councilman Mitchum
moved they adopt. Councilman Hays seconded the motion. Council discussed the
ordinance at length, pointing out concerns with whether the finished, or good,
side of the fence should be towards the neighbor's property, or the owner's, who
would be paying for it, particularly with abutting commercial property; height
of the fence when the lot is not level; and staff's authorization to determine
if height restrictions are met, rather than LDRA making that determination.
Doris Hill, Lincoln Road, said if itls residential property abutting residential,
the person putting up the fence should put the good side out, but residential
abutting multi-family, industrial or business, should have the good side in.
Don Masso, 317 Pine Breeze Drive, noted with a wooden fence if you put the posts
on your side with the fence on the property 1 ine with the good side to the
neighbor's side, you've given that neighbor 4 or 5" of your property.
Pete Hellsten, 1717 B. S. Riverside Drive, suggested if they dictate the good
side out, it will provide an outside appearance that is more attractive.
Don Benninqton agreed with the good side/bad side but the height is a problem
with leaving it up to staff on an individual basis and this is poorly written.
Pete Hellsten, as Chairman of Land Development & Regulatory Agency, stated LDRA
feels staff is adequately equipped to determine fence heights and there's an
appeal process to LDRA if necessary.
Councilman Mitchum withdrew his motion to approve. Mayor Hayman suggested
diagrams and sketches be included for further clarity in a rewritten ordinance.
Second Readinq: (Public Hearinq)
None
UNFINISHED BUSINESS
None
COUNCIL/OFFICERS REPORTS
City Attorney - City Attorney Krista Storey had no report at this time.
City Manaqer - City Engineer Kyle Fegley announced that Florida East Coast
Railway will be closing the crossing at 442 for grade rehabilitation on November
30th for 3 days and traffic coming from 95 will be rerouted to Old Mission and
Park Avenue with Juniper being the local traffic detour to Roberts Road and then
to U. S. 1.
City Manager George McMahon explained the current policy for certificates of
occupancy requires that everything is approved before power can be turned on and
itls creating a problem for those who planned to hook up to the sewer system as
quickly as they can but he doesn't feel staff has a prerogative to waive that.
Mr. McMahon stated the City Managers and the County met regard i ng disaster
planning and the County wants the City to focus on recovery since the County-
wide plan is required under State law and they have control of certain things.
City Council - There were no comments from Council.
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November 16, 1992
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CITIZEN COMMENTS
Giqi Benninqton spoke on disaster recovery and South Florida homeowners paying
property taxes based on I-year assessments and suggested that be addressed,
perhaps by the State.
Mrs. Bennington also stated the fence ordinance problems are enforcement and
letting people know there is an appeal process. She suggested the appeal process
could be on the building permit application.
Jeff Lanqe, Queen Palm Drive, volunteered to serve on the Beach Trust Commission.
Council briefly discussed the status of the current representative.
John Whittenton, India Palm Drive, welcomed the Council and thanked them.
QUESTIONS FROM PRESS
There were no questions from the press.
ADJOURN
Counc il man Jones moved to adjourn. Counc ilwoman Mart i n seconded the mot ion.
Meeting was adjourned at 8:34 p.m.
Minutes submitted by:
Lura Sue Koser
4 Council Regular Meeting Minutes
November 16, 1992