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05-03-1982 - Regular u cJ CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING AND REGULAR MEETING May 3, 1982 Mayor Christy called the meeting 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 Present 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. Mayor Christy issued a Proclamation for the Disabled American Veteran's Forget Me Not Days (May 6, 7, and 8) urging all citizens to support the worthwhile activities of this organization. Mayor Christy call the Public Hearing to order concerning the rezoning of an area of land lying south of Park Avenue between Wildwood Blvd. and Mango Tree Drive. The area is presently zoned I-I and MH-l and the Council has requested input from the public on possible zoning that would be consistent with the Comprehensive Plan. The City Manager informed the Council that there had been a meeting with some residents of Wildwood to gain citizen input as to what zoning classification would be most acceptable in this area. The consensus of opinion was that the area east of a proposed multi family development to Mango Tree should be zoned I-I. The proposed area for the multi family development could be zoned R-4 including a small area running west to Carol Ann Dr nr that both parcels could be R2A in the event the multi family residences are not developed. The other area west of Carol Ann Drive to Wildwood Drive should be divided" between a 200' deep strip starting at Park Ave. and extending south, this area to be zoned B-2 and the remainder be zoned R2A to conform with existing zoning in Wildwood. An extremely lengthy discussion followed including comments from Mr. Muller, Mr. Montesano, Mr. Dunning, Mr. Opal, Mrs. Geho, Mr. Wargo, and Mr. Phinney. The comments ranged from suggesting that this area was in the flood plain, the possibility that there might be dedicated streets in this area that was originally platted in 1925, the problem of traffic along Park Ave., the lack of recreational facilities in the area. The Attorney will research the possibility of dedicated streets in the area which at this time do not appear on the city map. He will report to Council. The question of a future need for a neighborhood business district was also discussed plus the establishment of some type of buffer between single family residences and business and/or industry. The Public Hearing was closed. The City Manager read a memo from" the Zoning Commission concerning the rezoning of Park Ave. West. The Commission voted 5-0 to approve the recommendations as detailed by the City Manager (4/23/82) (copy of letter attached to original minutes) . Councilman Pendleton said that he believed the Council needed more information on this area before any decision is made. He would like the City Attornev to look into this to see if there is any more information the Council should have. Councilman Pendleton then motioned to TABLE this matter until this is cleared up, seconded by Councilman Ledbetter. Motion CARRIED 4-1. Councilman Wilbur voted NO. Councilman Pendleton said there were certain properties in this area that certain individuals do not want rezoned. We need to find out whether they want it rezoned or not. u u 1b The Mayor said he would like to know about the area being platted and what is the status and the law on this matter. Aqain the City Attorney said he would make a report on this to the Council. ORDINANCE 82-0-13 (second reading) AN ORDINANCE AMENDING SECTION 718.00 OF THE EDGEWATER ZONING ORDINANCE TO PERMIT ZERO LOT LINE RESIDENTIAL SUBDIVISION, PROVIDING 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. Councilman Ledbetter questioned why there seemed to be two different subjects on the same ordinance. Mayor Christy questioned why the Council was having a public hearing on this ordinance since the vote at the last meeting was a tie vote and he believed this should have denied the ordinance. The City Attorney explained that both subjects dealt with matters related to zoning. The law also states that an ordinance must be read twice, it does not necessarily have to be passed on the first reading. No one made a motion at the last meeting to kill the ordinance which is why it is up for a second reading. If the ordinance does not pass on a second reading it does not pass. A discussion followed to consider two separate ordinances. There was a question raised from the audience as to the connection between zero lot lines and home occupation licenses. The City Attorney said that there is no connection except that they both deal with land use. The Attorney briefly explained the zero lot line concept. There were no further comments from the audience. Mayor Christy closed the Public Hearing. The City Attorney again read the title of Ordinance 82-0-13. Councilman Wilbur motioned to accept zero lot lines, seconded by Councilman Pendleton. Motion CARRIED 5-0. Councilman Wilbur motioned to accept section 2 of the ordinance, seconded by Councilman Lodico. After a brief discussion, Councilman Wilbur withdrew his motion and Councilman Lodico withdrew his second. Councilman Wilbur motioned to have the attorney draw up an ordinance on Home Occupational licenses, seconded by Councilman Lodico. Motion CARRIED 5-0. Councilman Wilbur motioned to amend Ordinance 82-0-13 to accept section 1 and delete section 2 renumbering the subsections and passing the ordinance dealing with zero lot lines as amended, seconded by Councilman Pendleton. Motion CARRIED 5-0. ORDINANCE 82-0-14 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, VACATING ALL OF THAT PART OF ALVAREZ LAND WEST OF HUBBELL STREET IN THE EDGEWATER HIGHLANDS SUBDIVISION, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 2a Mayor Christy opened the Public Hearing. There were no comments from the audience. The Public Hearing was closed. Councilman Lodico motioned to approve this ordinance, seconded by Councilman Pendleton. Motion CARRIED 5-0. 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. The City Clerk requested that the section 101 Trailer or Mobile Home Parks be~corrected. (c) should read 20 or more trailer spaces from $45.00 to $90.00 (d) should be eliminated. Council Meetinq 5/3/82 - 2 ~ , v u Mayor Christy opened the Public Hearing. Mr. Schilling, representing Pyramid Park questioned what the businessman received for his license. There was also a discussion about which trailer parks pay a license fee. Mrs. MacGregor, Edgewater Rent All stated that their present license fee is only $25.00. The City Clerk explained that the rent all business had been placed under an unclassified status and a new classification for this type of business has been added to the license schedule. If the present fee is only $25.00 then it should only be doubled not raised any higher. In updating the license schedule many of these unclassified businesses have been put in as regular licenses. Mr. Holahan questioned whether townhouses or condos that are rented have to pay a license fee. Mr. Montesano said that previous Council's have voted down a license increase and added that these fees were taken from South Daytona's fees. The City Clerk responded by pointing out that the present license schedule for Edgewater was the only schedule used in updating the licenses. 2b Mayor Christy closed the Public Hearing. Councilman Ledbetter motioned to deny the ordinance. Motion died for lack of a second. Councilman Wilbur motioned to accept the ordinance with a yearly increase of 25% for the next four years. Motion died for lack of a second. There was further discussion concerning the justification of raising license fees. Councilman Wilbur motioned to TABLE this until the next meeting to get the Council more information, seconded by Councilman Lodico. Motion CARRIED 5-0. APPROVAL OF MINUTES - Councilman Lodico motioned to approve the minutes of the April 19, 1982 meeting, seconded by Councilman Pendleton. The City Attorney called attention to page four of the minutes where the M~yoY~-- noted that Ordinance 82-0-10 should have been on a referendum. The Attorney continued by saying that this ordinance was passed legally according to a mandate by U.S. Supreme Court to reapportion for a one man one vote concept. Ordinance 82-0-10 reapportions the city into evenly divided districts. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter voted NO due to absence from the meeting. Mayor Christy voted NO. BILLS AND ACCOUNTS - The City Manager requested that the Council add an additional bill for Civil Defense from the Division of Surplus Property. Councilman Wilbur motioned to add this bill and include it in regular bills for approval to pay, seconded by Councilman Pendleton. Motion CARRIED 4-1. Mayor Christy voted NO. COMMUNICATIONS- The City Attorney reminded the public that there would be a public hearing on the revised charter on May 10, 1982. He added that stricter regulations had been added to the charter in regard to conflict of interests. The Attorney also brought up the matter of the lawsuit filed against the City by Pilch Construction and this is being followed through the courts. In the meantime a matter has been brought before the legal department concerning the purchasing of nonconforming lots and an attempt to put larger homes on these lots. There is a suit pending in circuit court whereby this construction company is attempting to complete this process and the city needs to stand by its ordinances to keep this from happening. The legal department plans to intervene in this case to set an example that this kind of activity should not be tolerated in Edgewater and also that this would bring a successful resolution of our pending lawsuit. The City Manager read a letter from the International City Management Association which in essence recognizes Edgewater as a city certified for professional management. Mayor Christy announced a 10 minute break. Council Meeting 5/3/82 - 3 - 1 ~ ~ Meeting called back to order at 9:05 P.M. Wildwood Subdivision - Mr. Robert Rosa presented a petition to the 3a Council signed by a majority of the residents of Wildwood Subdivision The petition stated that the drainage in Phases I and II of the subdivision. was inadequate and the lack of proper drainage is a constant nuisance. The canal around Wildwood is a breeding place for mosquitoes and is a constant danger to the children in the area. Water from adjacent land which is in the county runs into the canal and overflows. A lengthy discussion followed which included questions to the Council and to Mr. Cros~ a representative of the City's engineering firm of Briley, Wild. The question was raised as to the responsibility for correcting this problem. Mr. Cross explained that Briley, Wild was not involved in Phase I of the subdivision and was not informed on the design of the drainage. On Phase II, they did inspect the area and suggestions were made for certain changes. Some of these changes were complied with and a bond was put up by the paving company for fixing the roads. The City still holds part of that bond. The request was made for records of Wildwood Subdivision and when the different phases were accepted. The residents of Wildwood feel that this problem should be given priority and some solutions should be started as soon as possible. 3b Councilman Ledbetter motioned to have Briley, Wild check out this problem and report back to the Council with recommendations for a solution, seconded by Councilman Lodico. (This would be put back on the agenda for May 17, 1982. The City Attorney should also be in on this study and have material on Wildwood in order to answer any legal questions.) Motion CARRIED 5-0. The Council next discussed the problem of Mr. and Mrs. Reilly concerning ponding in their backyard that appears to be caused by the building of a home next door that has caused water to drain on the Reilly's property. Mrs. Reilly referred to Section 7-22 of the Building Code which deals with proposed building site subject to flooding and the duty of the building official and minimum floor grade. The question was raised as to why the Building Official was not present at this meeting. Mrs. Reilly also showed pictures of their backyard to the Council. The City Attorney read Sec. 7-22 from the Edgewater Code in its entirety. He also noted that Section 7-23 gave the right to appeal the Building Official's decision. The Attorney questioned the Reilly's about their house and the house next door. The Reilly's added that they were not sure whose responsibility it was to correct this problem but that the problem had existed for many months and something must be done about it. Councilman Ledbetter motioned that a certificate of occupancy not be 4a issued until the problem has been fixed and it has been independently determined that the flood damage has been eliminated, seconded by Councilman Pendleton. Councilman Ledbetter amended the motion to allow the builder 30 days to comply, seconded by Councilman Pendleton. The amended motion CARRIED 5-0. The original motion CARRIED 5-0. Councilman Ledbetter motioned that a certificate of occupancy is not to be issued on this property until it is authorized by the City Council, seconded by Councilman Lodico. Motion CARRIED 5-0. Mayor Christy told the Council that he had received a request from the office of Sen. Paula Hawkins for a resolution and a letter of explanation of our reasoning for wanting a bridge at the end of 442 over to beachside. Councilman Wilbur motioned to have the City Manager write the letter, seconded by Councilman Ledbetter. Motion CARRIED 5-0. Council Meeting 5/3/82 - 4 - (.; t.) ORDINANCES AND RESOLUTIONS - Ordinance 82-0-17. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A PARKS AND RECREATION BOARD FOR THE~CITY DETERMINING MEMBERSHIP FOR SAID BOARD; ESTABLISHING DUTIES AND RESPONSI- " SILITIES FOR THE BOARD; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; SPECIFICALLY. . ABOLISHING THE BOARD OF GOVERNORS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Lodico motioned to approve the ordinance, seconded by Councilman Wilbur. Motion CARRIED 5-0. Resolution 82-R-7. Councilman Pendleton motioned to TABLE this until the next Council Meeting, seconded by Councilman Ledbetter. Motion CARRIED 5-0. UNFINISHED BUSINESS - 82-R-26 - Appointments to the Industrial Board. The following names were suggested for appointment to the Industrial Board: Robert Zigmund, Douglas MoIster, Clarence Gnau, Robert Fo1eno, Richard McKillop, James Poland, Darwin Schneider and Robert Bates. Robert Zigmund approved 3-2 Councilman Ledbetter and Mayor Christy voted NO. Douglas MoIster approved 3-2 Councilman Ledbetter and Mayor Christy voted NO. Clarence Gnau approved 5-0. Robert Foleno approved 5-0. Richard McKillop NOT approved 2-3. Councilman Ledbetter and Mayor Christy voted Yes. James Poland approved 5-0. Darwin Schneider approved 3-2. Councilman Ledbetter and Mayor Christy voted NO. Councilman Wilbur rrotioned to rerrove 82-R-26 from the table, seconded by Councilman Lodico. Motion CARRIED 5-0. RES. 82-R-26 - A RESOLUTION APPOINTING SIX MEMBERS TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY 0:" EDGEWATER t FLORIDA, FoR A TERM OF OFFICE OF THREE YEARS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. (The six members that were appointed were Mr. Zigmund, Mr. MoIster, Mr. Gnau, Mr. Foleno, Mr. Poland and Mr. Schneider.) NEW BUSINESS - Home Occupational License request from Richard and Verna Culbertson for the operation of a Bookkeeping and Tax Service at 2506 Needle Palm Drive. Neither Mr. nor Mrs. Culbertson were in the audience. Councilman Pendleton motioned to TABLE this request, seconded by Councilman Ledbetter. Motion CARRIED 5-0. Proposed Revisions to Building Code - The City Manager presented a memo from the Building Code Board recommending some changes in the building code concerning the certification and registration of sub contractors, a change in the method of surface water retention and an increase in the reinspection fee. Councilman Ledbetter motioned to TABLE these recommendations for further study, seconded by Councilman Wilbur. Motion CARRIED 5-0. The City Manager informed the Council that the cemeterv association had agreed to negotiate for an easement that could be 'used by the City as a parking area for the baseball fields. Councilman Ledbetter motioned to authorize the City Manager to obtain this easement, seconded by Councilman Lodico. Motion CARRIED 5-0. 4b The City Manager reg~ested( permission to enter into an agreement with Florida League of Cities to collect delinquent licenses from insurance companies. The League does this on a 50/50 basis for the first year and has been successful in collecting funds for other cities. Councilman Wilbur motioned to approve this agreement, seconded by Councilman Pendleton. Motion CARRIED 5-0. Council Meeting 5/3/82 - 5 - . . ~ u Approval of Variance - Pelican Cove West. The City Manager read a memo from the Planning Commission approving a variance on the lot depth requirements for 83 lots in this proposed subdivision. Councilman Wilbur motioned to take the Planning Commission's recommendation and approve this variance, seconded by Councilman Lodico. Councilman Lodico said he believed people wanted smaller yards. Councilman Pendleton said that a variance for over 80% of this subdivision was too much. Councilman Wilbur pointed out that most subdivisions in the area had received some variances. Motion DID NOT CARRY 2-3. Councilmen Ledbetter and Pendleton and Mayor Christy voted NO. The City Attorney informed the Council that it takes a 4 to 1 vote to approve an appeal from the Planning Commission recommendation. Mayor Christy said he believed this applied to ordinances not to recommendations. Councilman Ledbetter questioned the difference in the number of votes it takes to pass motions and also the delegating of authority by elected officials to appointed board members. Councilman Ledbetter motioned to hold a special meeting of the Council to review some of these ordinances in conflict with the pOW0rs of the Council, seconded~y Councilman Lodico. The City Attorney read Article II of the Subdivision Ordinance which gives the Edgewater Zoning Board authority to approve subdivision plats and perform all the functions prescribed in the regulations. He added that that authority is now with the Planning Commission per subsequent ordinance. He then asked the Couricilmen to put in writing sections of the Code they feel should be reviewed. (Councilman Lodico left the meeting 10:50). It'was suggested that the Council wait until the next meeting to set a date for a special meeting. Motion for a special meeting CARRIED 4-0. MISCELLANEOUS- Mr. Montesano ~ spoke on drainage problem off of Park Ave. Mr. Dean told the Council he also had a s~rious ponding problem on his property in Wildwood. Mr. Opal requested the cost of copies 5a at City Hall be reduced. Mr. Hazelwood questioned the burning of trash on property that is being cleared for a subdivision. He was informed that the owner was burning on property in the County and had a permit. There was a lengtny discussion on this"~atter. Mrs. Geho asked if the water in the ditches could be recycled and used by the City. Present laws do not permit this. Mr. Bennington questioned the final decision on the Pelican Cove West variance and asked that it be clarified. The City Attorney answered that there did not appear to be a final determination on this matter. The motion to accept the recommendation of the Planning Commission was denied. In view of the motion by Councilman Ledbetter, the Council wants to give additional consideration to procedures by which we approve sub- division plats. Mr. Reilly spoke on burning permits and the Building Official. The City Manager informed the audience that the Fire Chief had checked on the burning in question and states that this is in the County. Mrs. Hazelwood claimed discrimination in allowing burning permits. She also complained about stray dogs in Florida Shores. Mr. Muller. questioned the absence of the Building Official at this meeting. Mr. Ken Winter brought up the subject of the variance decision. 5b The City Manager stated he needed a positive opinion from the City Attorney as to whether or not this variance was upheld or turned down. The City Attorney explained that the statement he had made earlier had been questioned by members of the Council and therefore he would like to take this matter under advisement and give a written opinion. Mr. Winter said he would like his letter of resiqnation from the Planning Commission submitted to the Council. Mr. !~ontesano complained about someone leaving garbage near his place of business for the City to pickUP This matter will be investigated. Councilman Pendleton motioned to adjourn the meeting, seconded by Councilman Wilbur. Meeting was adjourned 11:55 P.M. Council Meeting 5/3/82 - 6 - ~ w " . ATTEST: ~ ;(~( City Cl;tk ~ U Mayor k ~' - ,... . ..~.... . . C, " /e~ . ~-r'___~ Councllman . / / -' / .-,- /-' ~) 2J.:1Ie_/ie/-J.t~ o cllman ~~~ ~ -;/ ~~ n llman \ Council Meeting 5/3/82 - 7 - l ~- Pi f-S- ~ ~,