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09-20-1993 - Regular ..., ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 20, 1993 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the regular 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 Acting City Manager Mark Karet City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Excused Excused Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE: The invocation was delivered by Revered Campagnone, Retired, Roman Catholic Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES: Reqular Meeting of Auqust 16. 1993 Councilwoman Martin made a motion to approve the minutes of August 16, 1993, seconded by Councilman Hays. The motion CARRIED 4-0. Councilman Jones was excused. Special Meetinq of September 7. 1993 Councilman Mitchum made a motion to approve the minutes of September 7, 1993, seconded by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS: Dominick Fazzone, 302 Paradise Lane, spoke about not enough parking spaces at the Library and people receiving parking tickets for parking on the grass on the side streets. He explained he felt bad but since he has approached the Chief, he was informed these tickets were voided. He asked Council to look into getting more parking spaces at the Library. There was continued discussion about the parking at the Library. Chief Schumaker gave a report on the parking situation the day the tickets were issued and why they were voided. Mr. Fazzone was informed City Manager McMahon would give a report at the next meeting on the parking situation. CONSENT AGENDA There were no items to be discussed on the consent agenda. '-" .."", NEW BUSINESS A. Marv Geno's request for donation for Barracuda Area Youth Football Association This item was administratively withdrawn by Mary Geno. B. C. E. Clark's recruest to chancre city Code to lower crrass and weed heicrht from 24" to 12" Clifford Clark, 1818 Evergreen Drive, addressed the Council as to why this height requirement is needed. He passed pictures around for Council to review. Mr. Clark spoke on violations that were made and how they were handled. He then spoke about rodents and bugs due to high grass. Mr. Clark spoke about the cutting of the City right-of-way. Mr. Clark feels something needs to be done with the height of grass and weeds. Mr. Clark then spoke about the Police Department. Mr. Clark spoke about the Beautification Program. Community Development Director Mark Karet gave a report on the comments made by Mr. Clark. Councilman Hays spoke on the habitual violator. He has no problem with lowering the height from 24" to 12". He continued discussing chronic and habitual violators. He spoke about a facia ordinance and the eyesores in Edgewater. He feels this needs to be pursued when City Attorney storey returns. Councilwoman Martin feels the height should be lowered to 12". She questioned the complaint system which Mr. Karet explained to her. Mr. Karet explained staff has no problem going to 12" under the complaint system. Councilman Jones commented on the right-of-way being cut by the City for a few people. He feels we have a problem that needs to be worked out. He also had no problem with the 12" grass height limit. Mayor Hayman spoke on the intersections in Florida Shores that are maintained by the City. He explained City crews have gone on private property and cut back the obstructions to view. He is for the 12" grass height limit in residential and business areas. Councilman Mitchum is also for the 12" grass height limit. Mayor Hayman feels the enforcement of this needs to be looked into. Mr. Karet stated he would look into this and bring back a proposal to Council. Mario Diorio, 1823 Evergreen Drive, spoke about the conditions of Mr. Morris's property. He stated the neighbors don't know how to deal with an individual like this. He spoke about his property value being diminished because he lives on that street. Council agreed they were not comfortable listening to Mr. Diorio's comments. Page -2- Council Regular Meeting September 20, 1993 ~ ~ C. Finance Director's request for actuarial study to determine year end liabilities of city's self-insurance fund and worker's compensation liabilities at cost not to exceed $2,200 Finance Director Fred Munoz gave a presentation on this request at this time and answered questions from Council. Councilman Hays made a motion to approve this request not exceeding $2,200, seconded by Councilwoman Martin. The motion CARRIED 5-0. D. Police Chief's reauest to purchase 3,500 KinderPassports for elementary and pre-school children at cost of $3,325 from Law Enforcement Trust Fund Police Chief Lawrence Schumaker made a presentation on this purchase and answered questions from Council. Councilman Mitchum made a motion to approve this request, seconded by Councilman Jones. The motion CARRIED 5-0. E. Police Chief's reauest to purchase computer hardware at state bid from Mericom Systems, Inc., Jacksonville, with $15,000 from Law Enforcement Trust Funds and $9,859.06 from city budaet Chief Schumaker again made a presentation on the need to purchase the computer hardware. Acting City Manager Karet explained this would come out of this year's budget. There was continued discussion between Chief Schumaker and Council on this matter. Councilwoman Martin made a motion to approve this purchase, seconded by Councilman Hays. The motion CARRIED 5-0. F. Appointment of member to Volusia Growth Manaaement Commission due to resianation of Jack M. Patrick (unexpired term to end 6/30/94) Councilman Jones made a motion to appoint Angelo Spengler, seconded by Councilman Hays. The motion CARRIED 5-0. G. Appointment of two members to Beautification and Tree Committee due to expiration of terms of Carol Miller and Linda Sullivan Councilwoman Martin made a motion to reappoint Linda Sullivan, seconded by Councilman Hays. The motion CARRIED 5-0. There was discussion on the dates on these applications. Mayor Hayman asked these applicants be called to see if they are still interested. Councilman Hays made a motion to table this item until these applicants could be contacted, seconded by Councilman Jones. Mayor Hayman stated this would be put on the next agenda. H. Appointment of one member to Parks and Recreation Board to replace Georae Childs who is unable to attend meetings due to work schedule Councilman Mitchum made a motion to table this item until these applicants could be contacted, seconded by Councilman Jones. Councilwoman Martin asked that old applications be eliminated. Page -3- Council Regular Meeting September 20, 1993 '- ~ ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: There was nothing brought before Council for first reading. SECOND READING: (PUBLIC HEARING) A. Appeal by Robert Fritz, 2939 pine Tree Drive, of Land Development & Requlatory decision re: variance for location of new shed/workshop in rear yard (Reconsidered from 8/16/93 meetinq) Mayor Hayman opened the public hearing. Robert Fritz, 2939 pine Tree Drive, briefed Council on his case. Mayor Hayman spoke about the five criteria needed in order to grant a variance. Mr. Karet went over the variance and the five special criteria for Council. Mr. Karet answered questions presented by Council. Mr. Fritz answered questions presented by Council. Councilman Mitchum spoke on behalf of granting this variance. He feels Mr. Fritz has some valid points which he would like to discuss and see if there is some way Council could help him out. Mr. Karet again went over the five criteria and explained what each one means. There was discussion on these criteria pertaining to Mr. Fritz's property. Councilman Hays stated he would like to see the regulations and criteria changed as soon as possible. Mrs. Fritz stated Mr. Fritz wanted to do this now because he took off some time from work and was hoping to have it finished when he went back to work. She stated she doesn't understand why Council has to meet the same criteria as the LDRA. Mr. Karet explained why the criteria are being changed. Mr. Fritz informed Council none of his neighbors have a problem with his request. Council presented their feelings on this request. Don Masso, 317 pine Breeze Drive, asked for criteria number two to be repeated by Mr. Karet which he did. Mayor Hayman gave an explanation on this matter. Mario DiOrio, 1823 Evergreen Drive, spoke on behalf of granting this variance for Mr. Fritz so he can improve his property. He spoke about other people wanting to do this and Council having a dilemma on their hands. Dominick Fazzone, 302 Paradise Lane, member of the LDRA, explained how the LDRA came to their conclusion. They based their decision on what is in the Code. George Ewing, 2923 Royal Palm Drive, member of LDRA, feels if we found the five criteria were not met, there is no variance that can be given. He spoke about situations where the LDRA denied variances and Council turned around and approved them. He stated he is all for changing the five criteria then no variances will need to be brought before Council. Page -4- Council Regular Meeting September 20, 1993 ... ..., Mayor Hayman closed the public hearing Councilman Mitchum made a motion to based on the five criteria being met, within reason, grant variance for workshop/shed and this not to include facilities for a bathroom or cooking, seconded by Councilman Jones. The motion CARRIED 3-2. Councilwoman Martin and Councilman Hays voted NO. UNFINISHED BUSINESS There was no unfinished business at this time. COUNCIL/OFFICERS REPORTS city Attorney City Attorney storey was excused from this meeting. city Manaqer city Manager McMahon was excused from this meeting. Acting City Manager Karet had nothing at this time. city Council Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones discussed the bridge on Palmetto that goes to 10th street. He stated on the left hand side there is a pile of brush and trees and they are obstructing view when you are driving. He stated he asked Mr. McMahon to send a letter to New Smyrna Beach asking them to help get this cleaned up. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays had nothing at this time. Questions from Press There were no questions from the press at this time. CITIZEN COMMENTS John Murphy, 232 N. Ridgewood Ave, spoke about an emergency pump being put in for the sewers. Mayor Hayman stated Mr. Wadsworth was not at the meeting but he could go to city Hall tomorrow and find out the answer to his concerns. ADJOURNMENT There being no further business to discuss, councilwoman Martin made a motion to adjourn, seconded by Councilman Jones. The meeting adjourned at 9:24 p.m. Minutes submitted by: Lisa Kruckmeyer Page -5- Council Regular Meeting September 20, 1993