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01-18-1982 - Regular c5J. 'II u ~ CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING and REGULAR MEETING January 18, 1982 Mayor Christy called the Council meeting to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert Christy Present Councilman Jacob Lodico Present Councilman David Ledbetter Present Councilman Wilbert Pendleton Present Councilman John Wilbur Present There was a silenm Invocation and a salute to the Flag. The City Manager asked to be recognized but the Mayor refused. After protests by }'Colillcilmen the_City M~ager wa~ recognized and s~ated that Lt. McCall__was being honored upon retire~ent. The City Clerk read a letter from Lt. N.W. McCall, Sr., Edgewater Police Dept., stating that he plans to retire from the force effective February 1, 1982. Chief Baugh praised Lt. McCall!s work and expressed appreciation for his assistance throughout these past few years. Lt. McCall told the Council that he had come to work for the Police Dept. in 1967 and has enjoyed working for the City. He will continue to live in Edgewater. City Atty. Clay Henderson City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present lB Mayor Christy then called the Public Hearing to order for the purpose of discussing a request from Mrs. Marge Fulton to vacate an easement, not in use, on lots 7,8, and 9 Block 1 Midway Park, south of Winn Dixie Shopping Center. The sewer line runs east and west and Mrs. Fulton has asked that the north - south easement be vacated. Mrs. Helen Lovell spoke to the Council as a representative of Mr. Thomas White who owns lots 2, ), 4, 5, and 6 in Midway Park. A letter was read from l'fJr. Thomas stating that he plans to build a commercial structure on his property. If the easement is vacated, there would not be an access to sewer facilities and this could cause serious financial problems in the development of the property. Mrs. Fulton spoke to the Council concerning the delay in answering her request. She reminded the Council that they had voted last October to have the necessary papers drawn up to vacate this easement. The City Attorney informed the Council that they must consider any liability that might be incurred if this ease- ment was vacated. Another r~owne~\' has indicated that there may be a use for this ease- ment and if the City had taken action before they had received all the information, liabili ty might have been incurred. There were no further comments from the audience and Mayor Christy closed the Public Hearing. APPROVAL OF MINUTES: Councilman Wilbur moved to approve the minutes of January 4, 1982, seconded by Councilman Pendleton. Motion CARRIED 5-0. BILLS AND ACCOUNTS: The City Manager requested that the supplement sheet on bills be included for approval. Councilman Pendleton moved ,to include the supplement bills for approval, seconded by Councilman Wilbur. Motion CARRIED 4-1. Mayor Christy voted NO. Councilman Wilbur moved to pay the bills, seconded by Councilman Lodico-...:_,. Motion CARRIED )-2. Councilman Ledbetter and Mayor Christy voted NO. CO~lliNICATIONS: A letter was read from the Florida Shores Property Owners Assoc. informing the Council that Frank Wright'would represent the' organization before Council. ORDINANCES AND RESOLUTIONS: ORDINANCE 81-0-44 (second reading) AN ORDINANCE AMENDING ORDINANCE 79-0-10 OF THE CITY OF EDGEWATER, FLORIDA, TO PROVIDE THAT NO BUILDING PERMIT SHALL BE ISSUED UNTIL THE PAYMENT OF A FEE OF $1.00 PER $1,000.00 VALUATION OF THE BUILDING TO BE CONSTRUCTED, PROVIDING THAT FUNDS COLLECTED MAY BE USED FOR THE H'lPROVEMENT, MAINTENANCE, AND OPERATION OF THE STREET LIGHTING SYSTEM OF THE CITY OF EDGEWATER, PROVIDING THAT THE CITY MANAGER, AS FINANCIAL OFFICER OF THE CITY, SHALL BE RESPONSIBLE FOR THE MAINTENANCE FOR SEPARATE STREET LIGHT ACCOUNT; PROVIDING THAT THE CITY COUNCIL SHALL BE THE SOLE AUTHORITY REGARDING THE UTILIZATION OF FUNDS IN SAID ACCOUNT, UPON THE RECOMMENDATION FROM THE CITY MANAGER AND STAFF. Mayor Christy opened the ~ublic bearing for discussion of this ordinance. Mr. Muller spoke about the type of lights being installed. He was informed that the new amber lights are the only type FPL is using. There were no further comments from the audience. The Public Hearing was closed. Councilman Pendleton moved to adopt the ordinance, seconded by Cou9cilman Wilbur. Motion CARRIED 4-1. Nayor Christy~voted NO. ~ ._~ 'ORDINANCE 81-0-45 (second rea~g) AN ORDINANCE ASSESSING IN CUrNAL PROCEEDINGS IN ADDITION TO ALL OTHER COSTS, AN ADDITIONAL $2.00 TO BE USED FOR LAW ENFORCEMENT EDUCATION AND TRAINING; REPEALING ALL ORDINANCES OR PARTS OE ORDINANCES IN CONFLICT HEREWITH AND SETTING AN EFFECTIVE DATE. Mayor Christy opened the public hearing for discussion of this ordinance. There were no comments from the audience. The Public Hearing was closed. Councilman Wilbur moved to adopt the ordinance, seconded by Councilman Lodico. Motion CARRIED 5-0. ORDINANCE 81-0-42 - Burn control prov~s~ons. The City Manager told the Council that many citizens feel this ordinance could endanger homes. The Council may wish to table this. Councilman Wilbur moved to TABLE this ordinance, seconded by Councilman Ledbetter. Motion CARRIED 5-0. RESOLUTION 82-R-4. The City Manager informed the Council that Hr. Winter who had been assigned to the Recreation Task Force would be unable to serve and recommended Chief Baugh be appointed in Mr. Winter's place. The City Attorney said another resolution was not neede~, the appointment could be made by motion. (82-R-4 will be reassigned). Councilman Pendleton moved to appoint Chief Earl Baugh to the Recreation Task Force, seconded by Councilman Wilbur. Motion CARRIED 4-1. Mayor Christy voted NO. ORDINANCE 82-0-1: Building-Fees", ordinance for the next meeting. The City Attorney requested the Council hold this Councilman Pendleton moved to TABLE the ordinance, seconded by Councilman Wilbur. Motion CARRIED 5-0. ~ction on Public Hearing for vacation of easement: The City Attorney told the Council that the Legal Dept. could not certify that this would be proper action for the City since liability might be incurred if the request were granted. Mayor Christy reminded the Council they had previously authorized an ordinance. Councilman Wilbur indicated that the Council did not have all the information at that time. Councilman Ledbetter suggested that vacating this easement could lead to vacating other easements and cause problems in the sewer system. Councilman Wilbur moved to deny the request, seconded by Councilman Pendleton. Motion CARRIED 4-1. Mayor Christy voted NO. UNFINISHED BUSINESS: A report from the Building Official regarding floor elevations of buildings in response to a complaint from a resident of Wildwood that a house under construc- 2A tion was much higher than his house and would cause flooding. The Council can either change the ordinance or an individual can appeal the decision to the Building Code Board. Mr. Montesano said that his son made the complaint and that the backyard was flooded during recent rains. The City I1anager will contact the Building Official to have temporary drainage controls put in until the new house is finished. Zoning and Planning Board By-Laws, approved by the Board on January 6, 1982 and forwarded to Council for appropriate action. Councilman Wilbur moved to approve the By-Laws as adopted by the Zoning and Planning Board, seconded by Councilman Pendleton. Hotion CARRIED }-2. Councilman Ledbetter and Mayor Christy voted NO. Shopping Center Rezoning: A request from Magnuson Corp. to rezone property from Banyon Dr. to Alamanda Dr. between Indian River Blvd. and 19th st. to B-5 Planned Shopping Center Zoning. The Zoning and Planning Board have unanimously approved this request. Representatives of the developer were present to show the Council plans for the proposed shopping center. Letters were read by Florida Shores Property Owners Assoc. and IVE approving unanimously the shopping center, the rezoning and another request to vacate Alamanda. The Zoning and 2B Planning Board has also approved the request to vacate Alamanda. Councilman Wilbur moved to instruct the City Attorney to draw up the documents for rezoning and the City Clerk to advertise for a Public Hearing, seconded by Councilman Pendleton. Motion CARRIED 5-0. Councilman Pendleton moved to instruct the City Attorney to draw up the documents for vacating Alamanda and for the City Clerk to advertise for a Public Hearing, seconded by Councilman Wilbur. Motion CARRIED 5-0. City Council Meeting 1/18/82 - 2 - ....... - - . . . '-- . 'APproval of Fencing Estimate~he Buildings and Grounds DePt~as received estimates on a backstop and fencing for the new ballfield. This work has been recommended by the Board of Governors. The cost for the backstop is $1,475. and the fence would cost $1804.50, installed. The qity Mgr. certifi:ed.f:unds werel'~udg~t,e~ in FRS. Councilman Ledbetter suggested that the City crews could install the fencing for less money. Councilman Wilbur moved to approve expenditure for backstop ($1,475.00) and to have the Superintendent report to Council regarding the City installing the fence, seconded by Councilman Ledbetter. Motion CARRIED 4-1. Mayor Christy voted NO. Home Occupation Licenses: Mr. George Shepard, 2911 Woodland, R2B - residential contractors license. There will be no storage at the residence. Councilman Pendleton moved to grant the license, seconded by Councilman Wilbur. Motion CARRIED 5-0. Mr. W. Lawrence Hardy, 2006 S. Riverside Dr., R1, Income Tax Service. Work will be done at the client's home;, Councilman Ledbetter moved to grant the license, seconded by Councilman Lodico. Motion CARRIED 5-0. Charter Review: Councilman Lodico moved to have the City Attorney prepare a resolution re-forming the Charter Review Commission to five members plus one alternate with the City A ttorney and City Manager as ex-officio members, seconded by Councilman Wilbur. Motion CARRIED )-2. Councilman Ledbetter and Mayor Christy voted NO. Legal Representation: The City Attorney told the Council that due to personal illness at the time of the last meeting, he had sent his law partner, Mrs. Henderson, to stand in for him. He has since learned that there were some objections to this. Mayor Christy said that the "Council already has an Attorney Pro-Tem, Mr. Charles Hardee." A letter was received from Mr. Hardee stating that he would be able to serve if the Council wished him to do so but, if not, they could consider the letter his resignation. Mr. Henderson indicated that both he and ~~. Hardee had been under the impression that when the former City Attorney was replaced that Mr. Hardee's services had also been terminated. Councilman Pendleton moved to accept Mr. Hardee's resignation, seconded by Councilman Wilbur. Motion CARRIED )-2. Councilman Ledbetter and Mayor Christy voted NO. )A Councilman Wilbur moved to appoint Mrs. Henderson as Attorney-Pro-Tem, seconded by Councilman Pendleton. Motion CARRIED )-2. Councilman Ledbetter and Mayor Christy voted NO. Composition of Zoning and Planning Board: No action was taken at this time. Councilman Wilbur asked the Council to consider allowing a 600 sq. ft. one bedroom home in the R-4 zoning. This will be sent to the Zoning and Planning Board for consideration. MISCELLANEOUS: V~. Phinney spoke about a possible rezoning of County land west of the City. This is an airport and the request has been made to allow an east-west runway which would put flights over the elementary school. He hopes the Council will review this and send their comments to the County. Mr. Witzig questioned Councilman Pendleton on the fact that l1rs. Pendleton works for the City Attorney. Mr. Walter Gross nraised the E.V.E.R. group and suggested Council should find a headquarters for the group. ~rr. Frank Opal spoke about the Charter Commission being reduced. Councilman Wilbur moved to adjourn the meeting, seconded by Councilman Pendleton. meeting was adjourned at 9:20 P.M. The ~: Ci ty C~ f!~~f {I ~, I' ~. 29 Minutes submitted by Nancy Blazi . ~ . - " ~.~ .. 1t4~ ....." ~~. Ci ty Couri'cl';L:"i>IeeCiri'g . 1/18/82 . ~~.:, '- - ) -