Loading...
03-17-1986 - Regular Q (.) CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 17, 1986 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:02 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman James Inman City Attorney Jose'A1varez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Zimmerman, of the Edgewater Methodist Church, extended his invitation to the Easter sunrise service to be held on Easter Sunday at Menard Park. He then gave the invocation. There was a salute to the Flag. PUBLIC HEARING - SECOND & FINAL READING & ACTION: Ord. 86-0-4 Vacating 5 foot utility easement, Lot #17, Silver Ridge Subdivision - Mayor Baugh requested a motion to recess the regular meeting and go into the public hearing. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez read this Ordinance. ORD. 86-0-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING A FIVE FOOT UTILITY EASEMENT IN LOT #17, SILVER RIDGE SUBDIVISION; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is the last and final reading. Mayor Baugh asked for public input. There were no comments from the audience. Mayor Baugh requested a motion to close the Public Hearing. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 86-0-4 - Councilman Asting moved to adopt the Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh noted that they are back in the regular meeting. APPROVAL OF MINUTES Special Meeting & Workshop of February 27, 1986, at 2:30 P.M. - Councilman Inman moved to accept the minutes of the Special Meeting and Workshop of February 27, 1986. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting & Workshop of February 27, 1986, at 3:00 P.M. - Councilman Asting moved to adopt the minutes of February 27. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Regular Meeting of March 3, 1986 - Councilman Prater moved to adopt the regular meeting minutes of March 3, 1986. Councilman Inman seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. ~ u o MISCELLANEOUS Attorney Tom Wright stated that Fred Vanzin called him about the model home ordinance 86-0-6 and he understands it's first reading and not a public hearing. Mayor Baugh agreed that was correct. Mr. Wright asked if he could comment on it and no Council member expressed an objection. Mr. Wright said that Fred Vanzin gave the Council a copy of a letter from the Homebuilders. He said in looking at this ordinance, he noticed a glaring omission and that's R-2A and R-2B sections of the City and those are Florida Shores areas. He asked if that's the intent of the ordinance and if so, it creates a different class of subdivision by treating Florida Shores differently. He pointed out it appears to prohibit spec houses by the builders and they see that in many areas. He said he didn't know if it was the intention to cause builders with spec houses to go through this pro- cedure. Mayor Baugh said that will be addressed at the time and there will be comments then. Attorney Rick Kolodinsky said he's speaking on the same ordinance and feels the same way as Mr. Wright. He said he's there on behalf of Perry Barrett and he feels it's unconstitutional and discriminates unlawfully against builders in Florida Shores. He said the homes are throughout Edgewater and not just Florida Shores and they're discriminating against the builders there. He noted the spec house is not permitted with the ordinance but he doesn't know if that's the intention and they should discuss it when they talk about the ordinance. Councilman Asting stated that when they get into the discussions, they'll be recommending some changes to be made to the City Attorney. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting stated that concerning item 7.A. regarding Volusia County Health Department, it deals with a health problem that could result from use of the septic tank in Florida Shores. He said as a result of discussions with the consulting engineers regarding the feasibility of a study and a master plan for a sewer system for Florida Shores, he requested the engineers to prepare an outline of such a study to be presented to Council at a meeting. He suggested that if Council agrees to a meeting, it could be this Thursday, March 20th. He stated that he also heard from the engineers that there is about 44 million dollars in State grant money for sewer systems within cities that qualify and he thinks they could qualify based on the letters from the legal representatives in the State legislature and from the Volusia County Health Department. Mayor Baugh asked if a report will be ready for that meeting and Councilman Asting said yes, and it will be the outline of a report they can discuss and make any recommendations. No Council member expressed an objection to that meeting date and it was determined to meet at 3:00 P.M. Mayor Baugh pointed out that the paper listed JoAnne Sikes as the unofficial historian and she's given a lot of time to the history of our town and he'd like to see her be named by this Council as their historian for the City due to the time and effort she's put into it. He noted that she participated when Mrs. Duarte was here and Mrs. Duarte in a letter thanked her for the nice trip. He asked if there's a legal problem if she were named historian. City Attorney Alvarez said he thinks every town should have a historian. Councilman Asting moved that Mrs. Sikes be appointed the official historian of the City of Edgewater. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez had no report for this meeting. City Clerk Reports - City Clerk Martinez stated that last Thursday the Council authorized two additional patrolmen in the Police Department and per Section 39 of the Charter, it requires a resolution for this addition. She requested Council authorization for the City Attorney to prepare a resolution for this. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes March 17, 1986 u o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports (Continued) - City Clerk Martinez stated that there will be a special clean up week April 14 through April 25 and it will be free pick up for household items only. She pointed out the items have to be at curbside by 7 A.M. on Monday of their designated week. She read the locations for pick ups will be April 14 through 18 from the north City limits to the south City limits east of the railroad and from the north City limits west of the railroad from Park to 35th will be April 21st through 25th. She noted they're making signs and copies are prepared for the press and there will be copies at the front window. Assistant Finance Director's requests re: paving assessments from project 1 - City Clerk Martinez read the March 10th memo from Karen Rickelman, asking that accounts totaling $39.55 be written off because of minimum balances due. She also requested that remaining unpaid assessments totaling $8,287.83 be removed from the computer and put on ledger sheets to be maintained annually so that only project 2 billings will be on the computer. Her memo also stated that two accounts had agreements to pay but the people have defaulted and if payment isn't received in two weeks, she would like authorization for the City Attorney to have liens filed on them. City Clerk Martinez recommended the entire request be granted because it's a time consuming effort to go over them each month. Councilman Asting so moved to comply with the contents of Mrs. Rickelman's letter. Councilman Inman seconded the motion. Motion CARRIED 5-0. Civil Defense Director's request to attend National Hurricane Conference in Houston, Texas in April - City Clerk Martinez stated the Civil Defense Director requested approval to attend the Huricane Conference in Houston April 16, 17, and 18 with total expenses of $518 and he has $400 in the budget for travel and none has been spent. Mayor Baugh recommended Council send Vic Vandergrifft there because of the changes. Councilman Inman so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked that he bring a written report in and City Clerk Martinez added that he also needs receipts. Parks & Recreation Department recommendation on bids for park and pier seawall - City Clerk Martinez read the March 12th memo from David Garrett, Recreation Director/Buildings & Grounds Maintenance Superintendent, in which he recommended the low bid of $8,250. be awarded to Daytona Dock & Seawall Service, Inc. She stated that funds are available and he researched the item completely and is in complete agreement with the bid. Mayor Baugh asked if this money is from the grant and City Clerk Martinez replied yes. Councilman Asting moved to accept the bid of Daytona Dock & Seawall Service, Inc. Councilman Prater seconded the motion. Motion CARRIED 5-0. Public Works Department request to use State and County bids to purchase sign materials - City Clerk Martinez stated the department replaces about 30 stop signs a month and they're in the process of an overall upgrade of the stop signs and are about one-third complete and funds are gone. She said they're requesting 200 sign blanks, 200 sign faces, and 100 12 foot posts for a total of $3,312. Councilman Inman moved to grant this request of getting sign blanks, sign faces, and posts. Councilman Asting seconded the motion. Councilman Rotundo questioned if they'll close down when the $3,312. is used up. He suggested they go to $10,000. for materials for signs in Florida Shores. City Clerk Martinez pointed out the original request was $25,000. but it was taken from the budget. There was a discussion as to the number of signs needed and where the money would come from. It was the general con- sensus that they would go along with what was requested now and Mr. Copeland would find out how many signs he needs and can put up in a short time and would bring that request back to Council. Motion CARRIED 5-0. Planning & Zoning Board request that another member be appointed to fill vacancy - Councilman Asting moved to TABLE this request until they get applications in to fill the vacancies. Councilman Prater seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes March 17, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Industrial Development Board request to amend 79-R 39 - City Clerk Martinez read the March 11th memo from Doris Massey, Chairman of the Board, which recommended changes to sections 4A and 4B of the Resolution. Mayor Baugh questioned the section wording "a member mayor may not be a resident but should be employed in the City". He asked if this is mandatory and City Clerk Martinez said it could be changed to say "shall". Councilman Asting suggested they let the City Attorney review it and give them a recommendation and he made that a motion. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Asting said he doesn't have a problem but he'd like the City Attorney to review it. Edgewater Library presentation of special Library cards to City Council - Mrs. Gayle Harmon, Edgewater Librarian, presented Library cards to the City Council and City Clerk/Administrator. She stated the cards are good for life and can be used in all the libraries in Volusia County. She said it's a symbol of appreciation for the support and interest they've shown the Library and she hopes they'll enjoy using the cards. Council members and the City Clerk/Administrator individually thanked Mrs. Harmon as they received their cards. COMMUNICATIONS Volusia County Health Department re: residential septic tank system in .Florida Shores - This item was handled earlier under City Council Reports. See page 2 of these minutes. Cablevision re: merger into parent corporation - City Clerk Martinez stated this item was withdrawn at the request of Mr. Bob Bevis and he'll reschedule it at a later date. Vincent Turano, Designers Workshop, request for directory sign permit - City Clerk Martinez read the March 10th letter from Mr. Vincent Turano requesting permission to installa~irectory sign at the corner of Indian River Boulevard and Guava Drive. The letter stated that he was not contacted when the first sign was erected and that the sign will be the same height, style and color as the existing sign with room for five businesses. A sketch of the sign drawings was attached to his letter of request. City Clerk Martinez noted that he'll get the permit from the Building Official but it's to be placed on City property. Mayor Baugh recommended they grant the permission and turn it over to Building Official Dennis Fischer and he'll direct him where to locate it. Councilman Rotundo so moved. Councilman Prater seconded the motion. Councilman Asting asked if the sign will be placed so as not to interfere with any traffic. Mr. Turano replied the sign will be erected at the same height and materials and color the same, with a space where a person can walk between so it can be maintained. Councilman Asting again asked if it will obstruct traffic and Mr. Turano replied no. Motion CARRIED 5-0. Department of Transportation re: new traffic signal at U.S.l and Park Avenue - City Clerk Martinez stated that Council received a copy of the proposed master signal agreement and it's for the new updated current model style traffic light at Park Avenue. She noted the contract is to be let in June, 1986, and it's to be completed by September, 1986. She added that it will be executed because it's a City street and Council authorization is needed. Mayor Baugh asked if it's the agreement they have now and City Clerk Martinez replied yes. Councilman Asting moved that the Mayor be authorized to sign the agreement for the City of Edgewater. Councilman Prater seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes March 17, 1986 Q o COMMUNICATIONS Rotary Club of New Smyrna Beach and Florida Shores Merchants' Associ- ation request to hold Amusement Carnival April 7 through 13 - Councilman Asting asked about sanitary facilities and Mr. Donnie Williams, President of the New Smyrna Beach Rotary Club and Manager of Florida Shores Plaza, replied that the stores could be used. City Clerk Martinez asked about when the stores aren't open and Mr. Williams pointed out that some stores are open until 2 A.M. Councilman Asting asked the hours of the carnival and Mr. Williams said he doesn't know yet. Mayor Baugh noted they usually close about 11. Mr. Williams said it's Myers Amusements and it's been done on shopping center properties and is well disciplined. Mayor Baugh asked about bringing in portalets for restroom facilities. Mr. Williams said he can check but they have empty stores which could be used by giving them a key. Councilman Prater asked Chief Schumaker if he has any problems with this and Chief Schumaker replied they have access to and from it and the drainage is good so there should be no mud problem even with a rain, and the major problem is the restrooms for the carnival workers. Councilman Asting asked Chief Schumaker if it's necessary to put extra officers there to maintain order and Chief Schumaker said they'll respond to calls and will have patrols around there, and the first evening will decide if they put an officer on. He added that if it's a well run carnival used to operating in malls, they should not have a problem. Councilman Asting moved to grant the request. Councilman Inman seconded the motion. Motion CARRIED 5-0. Attorney Wright re: Citizen Code Enforcement board referral regarding William D. Rossiter/license to sell satellite dishes - Councilman Asting moved to TABLE this for administrative action by the City staff. Councilman Inman seconded the motion. Motion CARRIED 5-0. Councilman Asting said he'd like the staff to check the ordinances, etc. City Clerk Martinez agreed they'd review it and see what's needed. James E. Stewart re: William D. Rossiter/license to sell satellite dishes - Mayor Baugh said it's not necessary to take up this action. Mr. Stewart asked to speak on this subject and no Council member expressed an objection. Mr. Stewart stated that he represented some of the owners. He said that Mr. Rossiter had his construction business and has started a satellite business in that same unit at that location and the deed restrictions limit one business to one unit. He reviewed past problems with storm drainage at the location and to correct it, they did away with some of the parking spaces. He said they don't have adequate parking now and are averaging 3-1/3 spaces of parking per unit. He pointed out that Planning and Zoning looked this over and they recommended he not be allowed to have a license to operate the business because there's not adequate parking. He noted the problem wasn't created by the builder or the City, but in between. He said they're running into problems with cars parked two deep in the lot, and eight units are not sold yet and the bank is supposed to send a letter from their attorney as they want to sell those units. He added that Planning and Zoning requires 4 parking spaces per unit to operate a business, so if he's allowed to operate the business, he'll need 4 more spaces. Councilman Asting said he has 4 parking spaces and runs a low volume business, and if he has one customer a month buying a house or requesting installation of a satellite dish, he has plenty of parking spaces there for his needs. Councilman Asting added that in addition to his 4 parking spaces, he has an interest in 1/20th of the other parking spaces. Mr. Stewart said Planning and Zoning requires 4 parking spaces per unit and they'll run out of spaces and the last units in the plaza won't be sellable because there won't be parking spaces. Councilman Asting commented on other offices in the complex having more than one business. Mr. Stewart said there's one operating two businesses and that was between the seller and buyer and there was no association then. Mr. Stewart said Rossiter's construction business was there first and they didn't contact the association for the satellite business. He added that everyone in the association is trying to work with the man but they get no cooperation. Councilman Asting asked if he operates a business there and Mr. Stewart replied yes, with his wife. Mr. Stewart said a petition was given to Planning and Zoning and was signed by the majority of the owners that own businesses and are operating there. He added that the chairman read the letter to the Board. He said they have strong objection to allowing another business in one unit. -5- Council Regular Meeting Minutes March 17, 1986 Q Q COMMUNICATIONS (Continued) James E. Stewart re:-William D. Rossiter/license to sell satellite dishes (Continued) - Councilman Asting asked if they still have an association and Mr. Stewart replied they have one but it's inactive. Councilman Asting asked if he's speaking for the owners and Mr. Stewart replied for those on the petition, except for one they couldn't contact in Deland and Mr. Rossiter. He added that it was done when Mr. Hall had it. Councilman Asting asked how many empty buildings are in the complex and Mr. Stewart replied 7 or 8 that the bank has. Mayor Baugh said it will be turned over to the staff for their recommendation back to Council. Mr. Stewart asked for clarification and Mayor Baugh said it will be reviewed and sent back to Council to see what they want to do with it. Mr. Stewart thanked Council for their time. Mayor Baugh asked for a short recess at 8:00 P.M. Mayor Baugh called the meeting back in session at 8:14 P.M. ORDINANCES AND RESOLUTIONS Ord. 86-0-6 Amending Sect.700 of Code by authorizing and regulating construction and display of model homes - City Attorney Alvarez read this Ordinance. ORD. 86-0-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VII, SECTION 700.00 OF THE CODE OF ORDINANCE OF THE CITY OF EDGEWATER BY AUTHORIZING THE CONSTRUCTION OF DISPLAY/ OPEN HOUSE; PROVIDING FOR DEFINITIONS, REGULATIONS, AND PENALTIES; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked if Council objected to representatives of the building people and no Council member expressed an objection. Attorney Rick Kolodinsky reiterated that in reading the minutes from the Planning and Zoning Board regarding this ordinance, it seems they are trying to do something they can do with an ordinance they have. He said they can close down a business operating in a home by enforcing that ordinance. He suggested they may want to clean up the ordinance as he doesn't think it's proper in form or substance. He added that he thinks it discriminates in an unlawful way against people who own property in Florida Shores. Attorney Tom Wright said it appears there might be two problems, the builders having for sale the spec homes versus the more intensive use of the house for sale by a builder where he doesn't have it open for the public to come in to and observe but maybe meet a prospect there and strike a deal. He said he thinks that won't be permitted by this ordinance. He pointed out it's different from those that set up model homes and staff them and set up a business. He said he wondered whether the existing ordinance that prohibits building in residential areas could not be enforced to achieve the result they are trying to achieve. He stated it's a glaring omission of Florida Shores and asked why there would be a difference between Florida Shores and any other sub- division. He stated there are technical problems with the ordinance and one interpretation is that it wouldn't apply to any of the builders. He referred to section 1, definitions, regarding developers, stating that by the definitions this relates to the developers and not the contractors. He recommended that fine tuning be done. Mayor Baugh recommended that possibly they will table it and have a joint meeting with the builders, Building Official, and any persons or parties interested in an ordinance of this type to fine tune it and have something they all can live with and still have the needs they want. Councilman Inman said there are several things he doesn't like about the ordinance and he made a motion to TABLE it and get together with the appropriate personnel to fine tune and discuss it before taking any action. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh stated that when they get the information they need, they'll notify them where and when the meeting will be held. -6- Council Regular Meeting Minutes March 17, 1986 "~,:N --,'JjI" -~ o .... c.',,''' o ORDINANCES AND RESOLUTIONS (Continued) Or. 86-0-7 Amending Sect.200 and 300 of Code by defining screen rooms and regulating encroachments - City Attorney Alvarez read this Ordinance. ORD. 86-0-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 200.00 AND 300.00, RESPECTIVELY, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER BY INTRODUCING A DEFINITION OF SCREEN ROOM AND BY ESTABLISHING SETBACK ENCROACHMENTS FOR ALL DISTRICTS FOR AIR CONDITIONERS, AWNINGS, BALCONIES, DRIVEWAYS, OVERHANGS, SILLS, AND SCREEN ROOMS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Ordinance. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. 86-0-8 Amending Sect.602 of Code by establishing high water mark and rear setbacks along Riverside Drive - City Attorney Alvarez read this Ordinance. ORD. 86-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 602.02 (d)(2) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER TO ADD TO DIMENSIONAL REQUIREMENTS REAR YARD, BY SPECIFYING THE MINIMUM REAR YARD SHALL BE 30 FT. FROM THE HIGH WATER MARK; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to adopt Ordinance 86-0-8. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 86-R-15 Appointing two employee members to Police Retirement Plan Board of Trustees - City Attorney Alvarez read this Resolution, inserting the names of Larry Westfall and Raymond Frazee for the two-year appointments. RES. 86-R-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO EMPLOYEE MEMBERS TO THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Inman moved to adopt Resolution 86-R-15. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 86-R-16 Supporting and endorsing the location of the University of Central Florida branch campus at Daytona Beach Community College - City Attorney Alvarez read this Resolution. RES. 86-R-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SUPPORTING AND ENDORSING THE APPROPRIATE FACULTY FUNDING TO ENABLE THE LOCATION OF THE NEW UNIVERSITY OF CENTRAL FLORIDA BRANCH CAMPUS AT THE DAYTONA BEACH COMMUNITY COLLEGE, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 86-R-16. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Inman seconded the motion. Meeting was adjourned at 8:28 P.M. Minutes submitted by: Lura Sue Koser f? ~ r;~ ATTEST: LL- L~ CITY CLERK Approved this 7th- da~ APrile. <> &-' 198-"... MA~ t CO CILMAN - ZON 0 h4;~ COUNCILMAN - ONE T EE ~ -t:J~ ~L- ~;7 ObU~CILMAN - ZONE FOUR ~ -7- Council Regular Meeting Minutes March 17, 1986