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04-19-1982 - Regular " -" u v CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING April 19, 1982 Mayor Christy called the regular meeting of the City Council to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Excused Present Present City Atty. Clay Henderson City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present There was a silent invocation and a salute to the Flag. APPROVAL OF MINUTES: Councilman Wilbur motioned to approve the minutes of AprilS, 1982, seconded by Councilman Pendleton. Motion CARRIED 4-0. BILLS AND ACCOUNTS: The City Manager requested that the Council add an additional bill for $63.98 from the Fire Dept. for security lights. Councilman Pendleton motioned to add this bill to the bills and accounts, seconded by Councilman Wilbur. Motion CARRIED 4-0. Councilman Wilbur motioned to pay the bills, seconded by Councilman Pendleton. Councilman Lodico questioned expenses for the Police Dept., noting that there were 11 police cars and that it might be possible to cut some of these expenses if there weren't so many cars. Chief Baugh said that he felt it could be more expensive if there were fewer cars because the maintenance costs would increase as the cars would be used constantly. Also there would not be sufficient cars to handle emergencies. Councilman Pendleton noted that one of the most important services the City provides is police protection and this should not be cut in any way. Mayor Christy questioned vehicle repairs for the City Manager's car, the purchase of additional signs, charges for maps and some charges on the Attorney's bill. Upon roll call the motion to pay the bills CARRIED 3-1. Mayor Christy voted NO. COMMUNICATIONS: The City Manager read a letter from Mr. Nolan~ Chairman of the Planning Commission, regarding the new office built by Harris Construction and the attractive landscaping which makes this building an attractive addition to the community. Mr. Nolan suggested that the Council write to Mr. Harris expressing their recognition and appreciation for this fine addition to the business area of our community. Councilman Wilbur motioned to send a letter to Mr. Harris, seconded by Councilman Pendleton. Motion CARRIED 4-0. ORDINANCES AND RESOLUTIONS: Ordinance 82-0-13. The City Manager explained that there were a few technical problems with this ~rdinance. This ordinance was designed to define zero lot lines and to t~Bnsfer the function of approving Horne Occupational Licenses from Council ~o the Board of Adjustment. There will have to be a technical adjustment on this ordinance but otherwise it is ready to go. , ~ v Ordinance 82-0-13 AN ORDINANCE AMENDING SECTION 718.00 OF THE EDGEWATER ZONING ORDINANCE TO PERMIT ZERO LOT LINE RESIDENTIAL SUBDIVISION, PRO- VIDING THAT SAME SHALL HAVE THE SAME YARD DIMENSIONS AS IS REQUIRED IN THE APPLICABLE ZONING ORDINANCE EXCEPT THE MINIMUM SIDE YARD SHALL BE EITHER 20 FEET OR ZERO, AND AMENDING ALL DISTRICT REGULATIONS TO TRANSFER HOME OCCUPATIONS FROM PERMITTED USES TO SPECIAL EXCEPTIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The reference to Section 719.00 should be changed to Section 718.00. Also that the reference to amending should be changed to creating. Also the section concerning the transfer of Horne Occupation licenses to special exceptions should refer to Section 11-2 of the Municipal Code. Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Lodico. Councilman Pendleton told the Council he had no question on the zero lot line but he questioned transferring the approval of Horne Occupation licenses to the Board of Adjustment. The Council is an elected board, the Board of Adjustment is an appointed board and an elected board should not relinquish some of its responsibilities to an appointed board and Councilman Pendleton added that is the reason why he objects to this part of the ordinance. Upon roll call there was a tie vote. Councilmen Lodico and Wilbur voted YES and Councilman Pendleton and Mayor Christy voted NO. The City Attorney said that the City should advertise this ordinance for a public hearing. It has been read once and not defeated and an ordinance must be read twice with one public hearing. Ordinance 82-0-14. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA VACATING ALL OF THAT PART OF ALVAREZ LANE WEST OF HUBBELL STREET IN THE EDGEWATER HIGHLANDS SUBDIVISION, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt this ordinance, seconded by Councilman Wilbur. Motion CARRIED 4-0. Ordinance 82-0-15. There did not appear to be a copy of this ordinance for the Attorney to read. The subject of the ordinance was the change in zoning of certain properties adjacent to Park Ave. between Wildwood subdivision and Mango Tree. It had been requested that a portion of this area be zoned R-4 from I-I and MH-1 for multi family and the Zoning Bd. had recommended that the area east of the proposed multi family complex to Mango Tree be rezoned from I-I and MH-1 to I-I. The Council had requested that the Zoning Board also recommend a possible zoning for the area west of the proposed multi family complex to Wildwood. This area is also zoned I-I and MH-1. The Council discussed the possibility of holding a public hearing to get input on zoning for this area. The Council suggested May 3, 1982 as a date for the public hearing. Councilman Pendleton motioned to request that the Zoning Board have a recommendation back to the Council on the zoning of this area prior to May 3, 1982, seconded by Councilman Wilbur. Motion CARRIED 4-0. Ordinance 82-0-16. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA CHANGING THE OCCUPATIONAL LICENSE TAX SCHEDULE AS LISTED IN SECTION 11-8 OF THE EDGEWATER CODE OF ORDINANCES, PURSUANT TO SECTION 205.043, FLORIDA STATUTES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Pendleton. ~b There was a lengthy Council discussion concerning the need to increase license fees. The ordinance will be published in its entirety so that the public will know what the charges will be. It has been over 10 years since there has been any increase in fees. The Mayor requested information on fees in other cities. Administrative costs have increased considerably and some of these costs are often more than the cost of the license fee. Council Meeting 4/19/82 - 2 - , . " ~ ~ Upon roll call the motion to adopt Ord. 82-0-16 CARRIED 4-0. Resolution 82-R-24 A RESOLUTION ADOPTING AMENDMENTS TO THE "CITY EMPLOYEE GUIDE" OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to TABLE this because the City is going into negotiations with the union, seconded by Councilman Pendleton. Motion CARRIED 4-0. Resolution 82-R-25 A RESOLUTION APPOINTING TWO MEMBERS TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA, FOR A TERM OF OFFICE. OF THREE YEARS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to TABLE. this until the next regular meeting, seconded by Councilman Lodico. Motion CARRIED 4-0. Resolution 82-R-26 A RESOLUTION APPOINTINGS~X MEMBERS TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA, FOR A TERM OF OFFICE OF THREE YEARS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to TABLE this until the next regular meeting, seconded by Councilman Lodico. Motion CARRIED 4-0. UNFINISHED BUSINESS. Fire Safety Inspections Officer. The City Manager explained to the Council that in th~s year's budget sessions the position of Fire Marshall was included but at that time the Council decided not to authorize that position and the money was placed into another line item. The Fire Dept. is requesting that the position of Fire Safety Inspections Officer be approved at $100.00 per month. The employee would come from among the Fire Dept. personnel. Edgewater has a lot of warehouses and there are other places where all kinds of inflammable and explosive materials are being stored. A Fire Safety Inspections Officer would inspect these places to insure a minimum opportunity for a conflagration or explosion which would help to protect the lives of those nearby as well as the lives of firemen. The money is available in the budget. Mr. Dan Nolan spoke to the Council concerning this position. He informed the Council that this was also a unanimous decision of the Planning Commission as well as the Fire Dept. to have this position approved. Continued growth in the City increases the hazards for major fires in the area. The City needs a Fire Safety Inspector who has to be State certified which requires special schooling and a State exam. Until we can get a certified Safety Inspector, the Fire Dept. suggests a Fire Safety Inspections Officer whose duties and responsibilities would be quite a bit less than a certified inspector. However, this officer could inspect commercial and industrial buildings and make recommendations for storing of various materials. This would be a basic general review not a mandatory review. A report of all inspections would be given to the City Manager, appropriate Dept. Heads and Code Enforcement Board. If an inspection shows discrepancies, the officer would make suggestions for correcting the problem. The person appointed to this position should. have considerable knowledge of City procedures, ability to deal tactfully with the public, minimum of 100 hours fire training and five years related background experience 2a A lengthy discussion followed Mr. Nolan's presentation and Mr. Nolan answered various questions posed by Council members. Councilman Wilbur motioned to give authorization for this position of Fire Safety Inspections Officer and approve payment for this position since we cannot expect someone to take on this additional job on weekends and at night without some compensation, seconded by Councilman Pendleton. Councilman Pendleton amended the motion to authorize the Attorney to draw up a resolution to this effect, seconded by Councilman Lodico. Roll call on the amendment DID NOT CARRY 1- 3 Councilman Pendleton voted YES. Councilmen Lodico and Wilbur and Mayor Christy voted NO. Council Meeting 4/19/82 - 3 - .~ ' .' u Q The City Attorney indicated that a resolution was not necessary. Upon roll call the motion to authorize the position CARRIED 3-1. Mayor Christy voted NO. The City Manager spoke to the Council concerning the need of the Street Dept. for fill dirt. He would like Council authorization to negotiate for property that could be used to obtain fill dirt. After the Street Dept. has removed all the fill dirt, the property could be resold so the City should corne out about even on any transaction. Councilman Wilbur motioned to give the City Manager to proceed with finding property for the purpose of seconded by Councilman Lodico. Motion CARRIED 3-1. voted NO. authorization obtaining fill, Mayor Christy Councilman Lodico suggested that the City Manager check with Mr. Carder on the possibility of obtaining some fill that he might be removing from some of his property. Mayor Christy said he would like to bring back before Council an item that was discussed on Jan. 18, 1982. This concerns a complaint from a property owner in Wildwood that a house was being built next door that was considerably higher than his house and would create flooding problems in case of heavy rain. The complaint was turned over to the Building Code Board. Mr. and Mrs.Reilly spoke to the Council concerning this drainage problem and showed the Council pictures of flooding in the back of their property. Mrs. Reilly said the problem had not been resolved. City Attorney Henderson indicated that this subject should be discussed with all parties present so that the Council would not just get one side of the story. Councilman Wilbur requested that this be put on the next agenda and that the Building Inspector and the builders involved be notified so they could be present at the meeting. The City Manager told the Council that he would invite these people but he could not compel the builder to attend. Mayor Christy requested that this be put at the top of the agenda. Councilman Pendleton pointed out that the Mayor should have put this subject on the agenda for this meeting so that the other Council members would have been aware that the problem still existed. It was not fair to ask the Reillys" to attend this meeting when the Council did not have sufficient information to make a decision. The City Manager informed the Council that the Superintendent of utilities has reviewed the Briley, Wild bills and submitted his report to the Council recommending that they be paid. Councilman Pendleton motioned to accept the recommendation and pay the bills, seconded by Councilman Wilbur. Motion CARRIED 3-1. Mayor Christy voted NO. Mayor Christy noted that the Council had passed an ordinance (82-0-10) regarding rezoning Council areas. There was a special bill passed by the legislation No. 23XX which states that this should be on a referendum for voting. The City Attorney questioned this statement. Mayor Christy said this bill was passed July 9, 1965. 2b Councilman Lodico questioned the Mayor's trip to Tallahassee to discuss special taxes and whether that was what the Mayor really wanted the money to make that trip for. Mayor Christy said that when the Council pays for his fare he will tell them. NEW BUSINESS - Awards of Bids. Sealing Patching and Resurfacing of Streets. The recommended bid for sealing and patching was from Cook Protective Coatings for $19,420. The recommended bid for street resurfacing was from Martin Paving for $41,180.58. Council Meeting 4/19/82 - 4 - . .i. ~ " <.> Q The City Manager read the names of the streets to be resurfaced and also those streets scheduled for sealing and patching. Councilman Wilbur motioned to accept the recommended bids for both projects, seconded by Councilman Lodico. Motion CARRIED 3-1. Mayor Christy voted NO. The City Manager added that the City would only use the funds available which will be a little less than the bids. Bids on 2100' of 10" PVC Pressure Pipe and Appurtenances. The recommendation was for Davis Meter for the PVC pipe; Southeastern for the 10" M.J. Gate Valves and Hughes for the rest of the appurtenances. Davis Meter bid $10,815.00; Southeastern's bid was $892.00 and Hughes total for the additional appurtenances was $782.00. Also to equip No. 4 and 5 wells the recommended bid was from D & G Construction in the amount of $93,973.00. Councilman Wilbur motioned to accept the bids for the pipe and appurtenances, as recommended, seconded by Councilman Pendleton. Motion CARRIED 3-1. Mayor Christy voted NO. Councilman Pendleton motioned to accept the bids for equipping the wells, as recommended, seconded by Councilman Wilbur. Motion CARRIED 3-1. Mayor Christy voted NO. The property owners association of Persimmon Place has requested that the water and sewer lines, including a lift station, and the pavement be deeded over to the City for maintenance. The Council had a report from the Superintendent of Utilities. Mr. Snyder, Pres. of the association, spoke to the Council concerning this request. Mr. Paul Roche, developer of Persimmon Place also spoke to the Council and pointed out the money that the City has received and will continue to receive in revenues from this multi-family complex. Mr. Wadsworth, Supt. of Utilities, had stated in his report certain problems regarding the installed utility system at Persimmon Place and had not recommended accepting liability for this system. Mr. Roche said that these problems would be corrected. Councilman Wilbur motioned that the changes noted by Mr. Wadsworth be made prior to acceptance by the City. Motion died for lack of a second. Councilman Pendleton motioned to TABLE this request until the Supt. of Utilities, the developer and the home owners get together, seconded by Councilman Lodico. Motion CARRIED 3-1. Councilman Wilbur voted NO. Recreation Task Force Final Report. Chief Baugh, Chairman of the Task F~r~e, ,presented the final report which includes funding for recreation, C1V1C lnvolvement in recreation activities in the City and a study of the growth pattern of the city and the percentage of various age groups (nationwide) that will nppd to_have recreational facilities provi.ged? Also in their report the Recreation 'rask Force, recommended that'the Board of Governors be disbanded and a Park and Recreation Board be created. The City Manager requested that the Council take action on the process of setting up a new board with instructions to the Attorney to prepare the necessary documents and also to consider adoption of this report as past of the Comprehensive Plan. Presently, we do not have funds for the various projects in the report but it does give a guideline for future recreational development when funding is available. At this time, the recommendation is (1) to abolish the Recreation Task Force with thanks for their work, (2) to abolish the Board of Gov~rnors with thanks (3) to authorize the Attorney to draft up a Parks and Recreation Ordinance and (4) to have this report adopted as part of the Comprehensive Plan. Councilman Wilbur motioned to accept the City Manager's recommendation, seconded by Councilman Pendleton. The City Attorney said Comprehensive Plan was documents and initiate Plan. that the process of adopting this report for the rather involved and he will prepare the necessary the process for adoption into the Comprehensive Council Meeting 4/19/82 - 5 - , , .. .... -.. ~ to (.) l.J Upon roll call the motion to adopt recommendations CARRIED 4-0. Home Occupational License - Thomas Hay, 108 Flagler, has requested a Home Occupational License to keep a refrigerator at his home for the preservation of oysters and clams. Mr. Hay is a shell stock dealer licensed by the State and by law cannot open any shell fish at his place of business. He transports the shell stock to another 3a dealer. The area is zoned R-3. There was a rather lengthy discussion with the Council concerning this type of business. Mr. Hay explained the procedure and the different licenses and inspections that are necessary for his business, Councilman Wilbur motioned to grant the license, seconded by Councilman Lodico. Motion CARRIED 4-0. Approval of Shangri-La Village Site Plan SP-88. A letter to the City Manager from the Planning and Development Dept. advising that the Planning Commiss]on has granted unanimous approval of the final site plan for Shangri-La Village on Apr. 7, 1982. The Planning Commission is requesting that the Council review and approve these plans. Mr. Pete Zahn was there to represent the developer. Mayor Christy called attention to the fact that there was only one entrance and one exit and this could create serious problems in case of a fire or other emergency. It was pointed out that this area is surrounded by undeveloped land and that the developers have set aside an easement on the west side that could, at a future date, be used as an additional exit. Mayor Christy also pointed out that Belmont Homes has never followed through on an additional exit as they were supposed to do. Councilman Wilbur motioned to accept the final site plans, seconded by Councilman Pendleton. The City Attorney said that this subdivision has received the most careful reviews from all the boards according to the subdivision ordinance. We have obtained from the developer bonds in the amount of $326,798.00 that are an additional guarantee for the City. We have also accepted 5% of the land for a recreational area. This was acceptable to the developers but somewhere down the line the Council will have to resolve the question of dedicated recreational areas. Upon roll call the motion to accept CARRIED 3-1. Mayor Christy voted NO. MISCELLANEOUS - Mr. Dan Holahan questioned the Mayor on a matter concerning personal charges and also complained about members of the audience who continue to carryon their own meeting during the Council meeting. The Mayor had no comment on the question of personal charges. Mr. Muller questioned the hiring of a Civil Defense Director and a Planning Director. Mr. Phinney requested that the Council check previous Zoning Bd. minutes in regard to Persimmon Place. Originally, the developer had claimed that at no time would the City be requested to take over streets or utilities. Mr. Walter Gross criticized a number of past events. - "'1;- Councilman Councilman Pendleton. 10 ~ Ci~ty Cle ~~ , ...,. ./ . .,." ~~' Approved~thisC7 .--day May, 1982./ / /. ~~'>I/,~ 't, .. ~. " ,:;+ 4 \, /; ,N () ~ Council Meeting 4/19/82 - 6 - ~