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05-17-1982 - Regular ~-~ u u CITY OF EDGEWATER PUBLIC HEARING and REGULAR MEETING MAY 17, 1982 Mayor Christy called the Council 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 called the Public Hearing to order for 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 RESPONSIBILITIES FOR THE BOARD; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; SPECIFICALLY ABOLISHING THE BOARD OF GOVERNORS; AND PROVIDING FOR AN EFFECTIVE DATE. There were no comments from the audience. The Public Hearing was closed. Councilman Pendleton motioned to adopt Ordinance 82-0-17, seconded by Councilman Lodico. Motion CARRIED 5-0. REGULAR MEETING Approval of Minutes - Councilman Wilbur motioned to approve the minutes of the May 3, 19~~ Council Meeting, seconded by Councilman Lodico. Motion CARRIED 5-0. Councilman Lodico motioned to approve the minutes of the Special Council Meeting on May 12, 1982, seconded by Councilman Pendleton. Motion CARRIED 4-1. Mayor Christy voted NO due to absence. Bills and Accounts - City Manager Mitchell requested that the Council consider two supplement bills (Communication services and M&T printers) Councilman Wilbur motioned to add the supplement bills and pay them, seconded by Councilman Lodico. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Councilman Lodico motioned to pay the bills, seconded by Councilman Pendleton. (total $35,379.69). Mayor Christy questioned some of the bills specifically those on various books and subscriptions. Upon roll call the motion to pay the bills CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Communications - Horne Occupation Licenses - The Council considered a request from Verna and Richard Culbertson, 2506 Needle Palm Dr., to operate a Bookkeeping Service. The area is zoned R2B. Mr. Culbertson was present to answer questions from Council. Councilman Wilbur motioned to grant the license, seconded by Councilman Ledbetter. Motion CARRIED 5-0. ~~ __ TV' (..) u The Council considered a request for a license from David Fitzell, 3214 Silver Palm Dr., to operate a janitorial service. Area is zoned R2B. Mr. Fitzell was not present. Councilman Wilbur motioned to TABLE this request, seconded by Councilman Lodico. Motion CARRIED 5-0. The Council considered a request for a license from John Fracker, 1917 Pine Tree Dr., to operate a pressure cleaning business. Area is zoned RIB. Mr. Fracker was not present. Councilman Pendleton motioned to TABLE this request, seconded by Councilman Wilbur. Motion CARRIED 5-0. The Council considered a request for a license from Betty Smith, 115 Hardin Place to operate a drywall installation business. Area is zoned R-2. Mrs. Smith was present to answer Council questions. Councilman Ledbetter motioned to grant this license, seconded by Councilman Lodico. Motion CARRIED 5-0. Ordinances and Resolutions - Councilman Wilbur motioned to take Ordinance 82-0-16 off the TABLE, seconded by' Councilman Pendleton. Motion CARRIED 5-0. Councilman Lodico motioned to adopt this Ordinance, seconded by Councilman Wilbur. Councilman Ledbetter motioned to amend the ordinance by raising all licenses only 25%, seconded by Councilman Pendleton. This would be figured on an even dollar amount. A memo was read from the City Clerk explaing the recommendation for raising license fees. The raise is requested primarily due to increased expenditures. Roll call on the amendment CARRIED 4-1. Councilman Lodico voted NO. The City Attorney recommended that the Ordinance be renumbered 82-0-16A due to the fact that a new schedule will be attached. The suggestion 1b was made that a new schedule be presented to the Council at the next regular Council meeting. 82-0-16 would be adopted as amended (82-0-16A) and adopted as a first reading. Roll call on the ordinance (as amended) CARRIED 5-0. Ordinance 82-0-18 - The City Attorney noted that there have been some technical changes to the ordinance and it should be considered as 82-0-18A (as amended) . AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA CALLING A SPECIAL MUNICIPAL ELECTION FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORS THEREOF A NEW HOME RULE CHARTER FOR THE CITY OF EDGEWATER, FLORIDA, BEING AN AMENDMENT TO ALL OF THE PRESENT CITY CHARTER; PROVIDING FOR THE CREATION AND POWERS OF THE MUNICIPALITY, A LEGISLATIVE BRANCH, AN ADMINISTRATIVE BRANCH, A MERIT SYSTEM FOR PERSONNEL, A DISTRICTING COMMISSION, CONFLICT OF INTEREST PROHIBITIONS, AND ?ROVISIONS FOR ELECTIONS, AMENDMENTS BY PETITION AND TRANSITION; FURTHER SUBMITTING TO THE ELECTORS TWO OPTIONS FOR ELECTING A CITY COUNCIL AND MAYOR; PROVIDING FOR A FOUR ZONE CITY COUNCIL AND ~AYOR ELECTED BY ALL ELECTORS, OR PROVIDING FOR ELECTION OF FIVE ZONE CITY COUNCIL WHO SHALL SELECT A MAYOR; FURTHER PROVIDING FOR INSTRUCTIONS TO ELECTORS; PROVIDING THAT THE SPECIAL ELECTION SHALL BE UNDER THE DIRECTION OF THE SUPERVISOR OF ELECTIONS; PROVIDING FOR PUBLICATION AND NOTICE OF ELECTION AS PROVIDED BY LAW; PROVIDING FOR A PUBLIC HEARING AND ADVERTISEMENT OF THIS ORDINANCE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Council Meeting 5/17/82 - 2 - ~ Q Mrs. Shirley Mason, Chairperson of the Charter Committee, spoke to the Council regarding the work done by the committee to prepare a revised charter. The committee has worked for over four months with the assistance of the City Manager and the City Attorney to draft a more up-to-date charter in line with the Home Rule Act. Members of the committee have appeared before many clubs and organizations in the city to present the proposals for this revised charter and to get input from these groups. A Public Hearing was held by the committee on May 10, 1982 to discuss the revised charter. The Charter Committee unanimously recommends the adoption of the new charter. Councilman Wilbur motioned that the Council thank the Charter Committee for a job well done, seconded by Councilman Lodico. Motion CARRIED 5-0. Councilman Pendleton requested a letter be written to all members. Councilman Pendleton motioned to adopt Ordinance 82-0-l8A, seconded by Councilman Wilbur. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. It was announced that a Public Hearing on this ordinance will be held on Monday, May 31, 1982 at 7:00 P.M. This meeting was set due to the laws on advertising for the election. Ordinance 82-0-19 - AN ORDINANCE AMENDING SECTION 11-2 OF THE EDGEWATER CODE OF ORDINANCES TO PROVIDE THAT THE BOARD OF ADJUSTMENTS SHALL CONSIDER ALL APPLICATIONS FOR HOME OCCUPATIONAL LICENSES INSTEAD OF THE COUNCIL, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt this ordinance, seconded by Councilman Wilbur. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Resolution 82-R-27 - Appointments to Park and Recreation Board. The following names were submitted for apPQ1ntment~the Board: Ken Dore, Blaine Herren, Walter Gross, John Stearns, Tom Wyatt, Robert Wolfe, Steve Hardock and Arthur Nerber. Councilman Lodico motioned to close the nominations, seconded by Councilman Pendleton. Motion CARRIED 5-0. Mr. Dore - appointed 5-0. Mr. Herren - appointed 5-0. Mr. Gross - not appointed 2-3, Mr. Stearns - appointed 3-2, Mr. Wyatt - appointed 4-1 and Mr. Wolfe - appointed 5-0. There were no votes taken on the other nominations because it is a five member board by ordinance. Councilman Pendleton suggested appointing an alternate for this board. The City Attorney advised the Council that it would be necessary to amend the ordinance since it states five members. 82-R-27 - A RESOLUTION APPOINTING THE MEMBERSHIP OF THE EDGEWATER PARKS AND RECREATION BOARD FOR THE CITY, PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The appointments were Mr. Dore, Mr. Herren, Mr. Stearns, Mr. Wyatt and Mr. Wolfe. Councilman Lodico motioned to adopt this resolution, seconded by Councilman Wilbur. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Resolution 82-R-28 - Appointment to Planning Commission. The City Manager informed the Council that Mr. Yackel wishes to remain the alternate on this board. The following names were submitted for appointment to the Commission: Doug MoIster, James Mackie, Sebastian Siciliano. Councilman Lodico motioned to close the nominations, seconded by Council- man Pendleton. Motion CARRIED 5-0. Mr. MoIster was appointed to the Commission 3-2. Resolution 82-R-28 - A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA APPOINTING A MEMBER TO THE PLANNING COMMISSION FOR A TERM UNTIL 2-1-84. REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. This resolution appointed Mr. MoIster. Councilman Lodico motioned to Councilman Pendleton. Motion Mayor Christy voted NO. Council Maatina 5/17/82 adopt the resolution, seconded by CARRIED 3-2. Councilman Ledbetter and - 3 - ~ Q Resolution 82-R-29 - The City Manager requested this be postponed. Resolution 82-R-30 - An appointment to the Code Enforcement Board. Mrs. Shirley Mason was submitted as a member and also the re-appointment of Mrs. Lois Kane was recommended. Mr. Hall would remain the alternate. Councilman Pendleton motioned to close nominations, seconded by Council- man Wilbur. Motion CARRIED 5-0. Resolution 82-R-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD, PROVIDING FOR A TERM OF OFFICE, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt the resolution, seconded by Councilman Pendleton. Motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. The City Attorney informed the Council that the State legislation has made some changes in the laws governing Code Enforcement boards. He 2a will bring this information to the Council at the next meeting. There is nothing in the new laws that effects the appointment of members to the board. Unfinished Business - The Council received a communication from the CWW Construction Co. regarding rezoning of certain properties on Park Ave. This subject was tabled at a previous meeting. Councilman Wilbur motioned to bring the subject off the table, seconded by Councilman Lodico. Motion CARRIED 5-0. The City Manager read the letter from the CWW Co. requesting that the Council rezone this area as requested and approved by the Zoning and Planning Commissions. The City Manager reviewed the proposal of the Commissions. The City Attorney informed the Council that he had researched the area in question and there were no dedicated roads in the area and the area is not part of the 100 year flood zone. The proposal for rezoning was to rezone that portion east of the proposed multi-family development to Mango from 1-1 and MH-1 to 1-1, to rezone the portion proposed for a multi-family development from 1-1 and MH-1 to R-4 and to rezone that portion west of Carol Ann Drive to Wildwood from 1-1 and MH-1 to B-2 along Park Ave for a 200' depth and the remainder of the area be rezoned R2A. Councilman Lodico motioned to instruct the City Attorney to draw up the necessary ordinance according to the proposed zoning recommended by the Commission, including the R-4 zoning, seconded by Councilman Pendleton. Councilman Wilbur motioned to amend the original motion to change that portion from the proposed multi-family to Wildwood which is presently zoned 1-1 and MH-1 not to B-2 and R2A but to 1-1 at the request of the present property owner. Councilman Wilbur informed the Council that he had been contacted by the owner who does not wish to have his property rezoned to B-2 and R2A, however he will settle for all of the property zoned 1-1, seconded by Councilman Pendleton. There was a lengthy discussion concerning the zoning of this area. The City Attorney explained that the request for the multi-family zoning had been sent to the Zoning Commission for recommendations to make sure that any change in zoning was in conformance with the Comprehensive plan and that by zoning the different portions in that area in compliance with the Comprehensive Plan it would not be spot zoning. The Council has held a Public Hearing. Motion to amend CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Motion for an ordinance CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Council Meeting 5/17/82 - 4 - '" . ~ ~ u Building Code Board recommendations - The City Manager requested that this be postponed until the next meeting. Briley, Wild report - Impact Fees - The City Manager informed the Council that Briley, Wild had recommended, as required under the indenture to the bond ordinance, a change in impact fees for water and sewer. The current fees are $200 ea. for water and sewer. Mr. Harry Wild spoke to the Council concerning their recommendation. and explained the basis for their recommendation to increase the 2b impact fees. The recommendation is to raise these fees to $400 ea. The Council discussed this recommendation and questioned Mr. Wild concerning these fees. There was also a discussion about exempting residents that have been here prior to 1974. Councilman Wilbur motioned to have the attorney draw up the necessary ordinance, seconded by Councilman Pendleton. The City Attorney questioned Mr. Wild to substantiate that the model they utilized for taking these figures into consideration was approved by the Florida Supreme Court. Mr. Wild confirmed that they used a method that would be approved. This is not an increase in cost to the present users of the utilities in Edgewater, it is for new construction. The end result is to reduce the necessity for any future rate increases. There was further discussion about cost to present residents who do not have water or sewer. The City Attorney told the Council he believed this was already written in the present ordinance. The Council agreed that any vested rights that present residents have by virtue of an exemption written into the present ordinance be maintained. Motion CARRIED 5-0. Mayor Christy called a 10 minute break. Meeting called back to order. Drainage - Wildwood Subdivision - Mr. Bill Cross, representative of Briley, Wild, spoke to the Council concerning their inspection of the subdivision in regards to the drainage problem. Slides were shown pointing out the various problems in the area. Mr. Cross showed the lack of swales, clogged ditches for which there was no right of way for cleaning, and driveways that have been installed with a higher elevation which hampers the flow of water. It was recommended that a crew be sent to Wildwood to shoot the terrain and ascertain which driveways needed to be redone. Drainage pipes that are too small have been installed. Swales are needed in certain areas. The question was 3a raised as to who is responsible for the present problems in the area. There was a discussion about storm water mana~ement and retention areas. The City would need temporary easements to go into back yards to clean out the ditches. The adjacent property west of Wildwood is in the County and the city has no jurisdiction over this property. Mayor Christy said that a previous Council had accepted the plat plan but it was up to the Building Official and the builders to comply with city ordinances. Section 7-22 of the Code concerning flooding and minimum grade was quoted by the Mayor. Mr. Charles Murphy, Building Inspector, told the Council that he was not responsible for driveways beyond the property line, that is the street department's responsibility. Mr. Murphy said that the Code Board had requested the Council to act on certain drainage problems and nothing has been done. A question was raised about the annexation of this property. The City Attorney quoted from a letter from the County verifying that this annexation had been approved by the County. The City Manager noted that some of the problem had been created by the erection of many homes where swales have not been installed and the ponding in the backyards occurred during the building of homes. There are solutions presented by Briley, Wild which have to do with uncovering the front yard swales and restoring them, changing smme driveways and correcting backyard problems. The Council might wish to consider having the City Attorney determine responsibility for correcting these problems so that they can be corrected. Council Meeting 5/17/82 - 5 - . .. . ~ <; Councilman Wilbur motioned that the City authorize shooting the field levels, have the City Attorney figure out the legal end and proceed with correcting the problems and if we need a special meeting to put it together let's do that, seconded by Councilman Lodico. Motion CARRIED 5-0. The City Manager said that the Council would be given a written report combining the findings of the engineers, the attorney and the staff. Certificate of Occupancy - Edwin Hall Builders - The City Manager reminded the Council that they had authorized withholding a C.O. on a dwelling constructed by Mr. Hall. A letter from Mr. Gillespie, Attorney for Mr. Hall, demanded that the certificate be issued to Mr. Hall. If this is not done, a suit will be initiated against the City. The City Attorney questioned Mr. Murphy, Building Official, as to whether or not there were any grounds to withhold the c.o. Mr. Murphy replied that, in his opinion, there were no legal reasons to withhold this c.o. Councilman Lodico motioned to release the Certificate of Occupancy, seconded by Councilman Wilbur. Motion CARRIED 3-2. Couricilman Ledbetter and Mayor Christy voted NO. New Business - North peninsula Barrier Island - Mayor Christy said that there would be a meeting concerning approval of this project and a request has been made that the Council notify the committee for this project if they support this project so that it can be noted at the 4a scheduled Public Hearing. There was a discussion concerning a possible resolution supporting this project. Councilman Ledbetter motioned to support this project, seconded by Councilman Wilbur. Motion CARRIED 5-0. Mayor Christy gave the City Attorney a 5ubpeona he had received in connection with a lawsuit against the city. Miscellaneous Mr. Walter Gross spoke about the new charter. Mr. John Reilly spoke about getting written assurance that he would not have any more drainage problem. The City Manager noted that the letter merely said that the Building Official had advised that written assurance would be obtained from the builder. This was all the information at that time. Mr. Reilly added that the Building Official had not taken care of this. Councilman Wilbur motioned to adjourn the meeting, seconded by Councilman Lodico. Meeting was adjourned at 10:30 P.M. Nancy Blazi h~:/~/ Mayor ...----; ~. I" Minutes submitted by 14-. ~ '~;2 $., U i ~ . ~ ATTEST: -2~ City Cl ~ /~ . ouncilma G)-fA(Rg-;j;-- '(;; \~ ) ("1"/ )1 ") Y / ;/L Councilman v ,- Mayor 3d~~ Councilman d~-~ddL ouncllman Council Meeting 5/17/82 - 6 -