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09-21-1987 - Regular :j" Q u CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 21, 1987 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 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 David Mitchum City Attorney Jose' Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Revered Roger Miracle, Friendship Baptist Church, delivered the invocation. There was a salute to the Flag. Mayor Baugh stated that there was a request from the audience that they can't hear and he asked Council to speak into the microphones. Mayor Baugh requested a motion to go from the regular Council meeting into the Public Hearing. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: Ord. 87-0-17 Amending Sect. 7-21.1 (b) re: street light fees - City Attorney Alvarez read this Ordinance. ORD. 87-0-17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 7-21.1(b) "STREETLIGHT FEES" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE STREETLIGHT FEES FROM $1.00 TO $3.00 PER $1,000.00 VALUATION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is the last and final reading before adoption. Mayor Baugh asked for public input. There were no comments from the audience. Ord. 87-0-18 Amending Sect. 19-63 (1),(2),(3),(4),& (5) re: garbage and trash collection and disposal fees - City Attorney Alvarez read this Ordinance. ORD. 87-0-18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 19-63 "SERVICE CHARGE AND RATES", (1), (2), (3), (4), AND (5) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE FEES FOR GARBAGE AND TRASH COLLECTION BY 75~ PER UNIT FOR RESIDENCES, MULTIPLE DWELLING, BUSINESS OR COMMERCIAL, PROFESSIONAL AND TRAILER PARK; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is last and final reading before adoption. Mayor Baugh asked for public comments. Harry Ryan, 516 Wildwood, asked that this be amended from 3 to 4 units on the garbage pick up. Jack Brown, 2429 Travelers Palm, asked for clarification for over 3 bags when he uses the bags partly full for grass clippings. Mayor Baugh noted that grass clippings are considered trash and not garbage, and they'll be picked up on trash days rather than with garbage. There was discussion about the distinction of trash and garbage and when it's picked up, and the weight limit. City Attorney Alvarez explained that on the limit of 3 containers, that the change proposed would have to be done on first reading as this is a substantial change and it was not advertised as such. He added that the change can be undertaken on a separate ordinance at a later date if Council wishes to do so. Ord. 87-0-19 Amending Sect. 15-3 (b) re: culvert installation and providing for right of way use permit - City Attorney Alvarez read this Ordinance. ORD. 87-0-19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 15-3 AND 15-4, "CULVERTS UNDER DRIVEWAYS THAT CROSS DRAINAGE DITCHES" AND "FILLING OR OBSTRUCTING CULVERTS" RESPECTIVELY, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY PROVIDING THAT THE CONSTRUCTION AND INSTALLATION OF ALL CULVERTS BE DONE BY THE ENTITY RESPONSIBLE UNDER A BUILDING PERMIT ISSUED BY THE CITY UNDER THE SUPERVISION OF THE SUPERINTENDENT OF PUBLIC WORKS; PROVIDING FOR A RIGHT OF WAY USE PERMIT; ESTABLISHING AN INITIAL FEE; PROVIDING THAT NO CERTIFICATE OF OCCUPANCY WILL ISSUE UNLESS THE WORK HAS BEEN APPROVED BY THE CITY OFFICIALS AND PROVIDING FOR THE APPROVAL OF THE SUPERINTENDENT OF PUBLIC WORKS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is last and final reading. Mayor Baugh asked for public input and there were no comments from the audience. o o PUBLIC HEARINGS-SECOND & FINAL READINGS & ACTION: (Continued) - Mayor Baugh requested a motion to go out of the Public Hearing and back into the Regular meeting. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 87-0-17 Amending Sect. 7-21.1 (b) re: street light fees - Councilman Asting moved to adopt the Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 87-0-18 Amending Sect. 19-63 (1),(2),(3),(4),& (5) re: garbage and trash collection and disposal fees - Councilman Rotundo moved to adopt Ordinance 87-0-18. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 87-0-19 Amending Sect. 15-3 (b) re: culvert installation and providing for right of way use permit - Councilman Prater moved they adopt Ordinance 87-0-19. Councilman Asting seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Budget Workshop of July 27-28-29, 1987 - Councilman Asting moved they adopt the minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Budget Workshop of August 10,1987 - Councilman Prater moved they adopt the minutes of the budget workshop of August 10, 1987. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Regular Meeting of September 2, 1987 - Councilman Rotundo moved they adopt these minutes. Councilman Mitchum seconded the motion. Motion CARRIED 3-2. Councilmen Prater and Asting voted NO due to absence. Special Meeting of September 9, 1987 - Councilman Mitchum moved that they adopt the minutes. Councilman Asting seconded the motion. Motion CARRIED 4-1. Councilman Prater voted NO due to absence. BILLS AND ACCOUNTS Councilman Prater moved they pay the bills and accounts. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Bill Klein, 2910 Needle Palm, President of Florida Shores Property Owners Associ- ation and member of Planning and Zoning Board, stated that regarding the resig- nation as item 6.D. on the agenda, the man during his short tenure with the City accomplished an extreme amount of work for the City. Mr. Klein then commended Council for item 8.C. re: procedures for appointments to boards and committees and suggested they open up communication between Council and the present boards. He stated that many times they've sent things to Council and when Council sees it, it's not the way it was when they sent it and it's been changed. He added that they adopted a procedure that when they suggest something to Council that it be written up and brought back to the Board and each member will sign it. He said the Board sometimes feels it's been bypassed, and they've asked for legal interpretation and they aren't getting an answer. He recalled that he spoke to Council in June and Council said they'll get back to Planning and Zoning on the outdoor display and they're still waiting. He asked why it has not happened. Mayor Baugh replied that the City Attorney has written to other cities to get information and that's been part of the delay. Mr. Klein asked why the Attorney is writing up an ordinance since it was originated by the Planning and Zoning Board. City Attorney Alvarez said he interpreted the directions given to him to draft the legislation to regulate outdoor displays in a constitutional manner without putting the City in legal jeopardy. He added that when the draft is completed, it will be subject to the joint meeting of Council and Planning & Zoning, and will be the initial document for them to work from. Councilman Mitchum asked if this item was brought off the table and Mr. Klein replied yes. -2- City Council Regular Meeting Minutes September 21, 1987 o Q MISCELLANEOUS (Continued) Bill Klein (Continued) - Mr. Klein stated they're being told they have to rush something or they'll have to wait for six months to consider it again, and they aren't given time to investigate. He then asked the City Attorney who can withdraw a request made for annexation, and if it's only the owner. City Attorney Alvarez explained it can be the owner or it can be someone who's given the power of attorney to a local individual with the powers to represent the owner. Mr. Klein asked if someone who's going to buy that land has that option to withdraw the annexation and City Attorney Alvarez replied not unless it falls into one of those two categories. Mr. Klein said item 6.F. is an example of being misled because they were presented a total package that included two other lots and those lots were withdrawn by a real estate person without authori- zation from the owners but who was representing the person who wanted to buy it. He said it was an illegal presentation to Planning and Zoning because they were told those two lots were being withdrawn from the packet and the next day the gentleman who owns it said he didn't ask to have it withdrawn. He added that he checked with the other people who owned it and they didn't withdraw the annexation. He stated that as President of Florida Shores Property Owners Association, he feels they aren't adequately providing services for this City and it's at a substandard level. He said before they annex more land into the City, the standards need to be brought up. Shirley Garthwaite, 10 Lee Drive, President of Friends of the Edgewater Public Library, distributed to Council the new historical calendar for 1988. She noted that these will be sold at the Library and at City Hall at a cost of $4.00 and the funds will go for furnishings and equipment for the new Library. She added that they've purchased computers, furniture, typewriters, etc. in the past and these aren't included in the County's budget. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting stated that for the fourth year in a row they've received an Achievement Award for Financial Reporting and this speaks highly of City Clerk Martinez and Finance Officer Karen Rickelman. Councilman Mitchum read a letter from Reverend Ed Hartman of the Christian Life Center in appreciation for using the ballfield for the Labor Day activities. Councilman Mitchum then asked Mr. Klein to answer some questions about annexation. He asked what he's referring to as a specific. Mr. Klein said presented to the Board on the day the parcels came in there was another parcel that was withdrawn the day of the meeting, and he contends, after talking with the owners, that it was not withdrawn at their request but at the request of the people who intend to buy the two lots. Councilman Mitchum asked the name of the owners and Mr. Klein replied it's the people who own the cemetery and it's the two lots to the North. Councilman Mitchum asked who withdrew it and Mr. Klein replied it was a representative of a real estate company. Councilman Mitchum asked that he put this in letter form to him and whatever happened. Mr. Klein agreed he would. Councilman Asting asked if a member of the Board challenged the people about withdrawing. Mr. Klein replied the representative was there and she was the one who went through and got all these people who said they wanted to annex into the City and they were withdrawing the two lots. Mr. Klein reviewed the location on the maps. City Clerk Martinez asked who "she" is that he referred to and Mr. Klein replied it was the Assistant Planner for the City. Mayor Baugh showed Mr. Klein the memo which explained what was withdrawn. Mr. Klein reviewed what had been in their original packet, and stated that was another case where they were told they had to pass' it on that Thursday or it couldn't be for another six months. He said they need some legal interpretations because some things should never have happened in this City. Councilman Asting asked if the person who told the Board the two lots were withdrawn had named the real estate company involved. Mr. Klein said there was a lady there, and it's another example of being pressured and they donate their time to benefit the City. -3- City Council Regular Meeting Minutes September 21, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued) - Mayor Baugh stated that he had one item regarding insurance and it will be brought up under City Clerk Reports. City Attorney Reports - City Attorney Alvarez pointed out that there's been a change in the Planning staff and until a new person is hired to attend the Board meetings to serve as a liaison between the Board and Council, he'd like authorization from Council, pursuant to his agreement with the Council, to attend all Board meetings if the Board wishes him to attend. Councilman Mitchum so moved. Councilman Asting seconded the motion. Councilman Mitchum stated for the record that it is the Planning and Zoning Board meetings. Councilman Asting agreed that would be a part of his second to the motion. Motion CARRIED 5-0., City Clerk Reports - City Clerk Martinez stated that a member of the Planning and Zoning Board suggested Council look into the formation of a land use regulatory commission in compliance with the new changes in the State laws regarding the local Board of Adjustment. She suggested Council may wish the City Attorney to review this. Mayor Baugh asked for an update on the subject. City Attorney Alvarez explained that with the amendment in 1985 of the Growth Management Act and direction given to the counties and cities throughout the State to comply with amendments to the Comprehensive Plans, adoption of new plans and deadlines for information, and criteria to be adopted, they've seen a trend, because of Chapter 163, which created the Board of Adjustment, and it no longer is in that Chapter, for municipalities and counties to create a land regulatory commission which serves to review development plans and zoning changes. He noted that some municipalities have a provision in their Charter for the Board of Adjustment. Mayor Baugh asked if it would be combining the two boards and City Attorney Alvarez replied it will be a new entity. He said Volusia County adopted a Growth Management Commission of all municipalities which is in charge of regulating growth and development and this facilitates communication and coordination within local government and counties and the State. Mayor Baugh asked what would need to be done to comply with it. City Attorney Alvarez replied Council will need to adopt an ordinance, if there's no prohibition in the Charter, which creates a land development and regulation agency and assigns certain duties and responsi- bilities, and then proceed to eliminate any other. Mayor Baugh asked if they'll be doing what Planning and Zoning and the Board of Adjustment are doing now and City Attorney Alvarez replied in essence it's basically yes, but not entirely. Councilman Asting moved that the City Attorney draw up a draft of the ordinance for Council perusal and action, depending on what's in the ordinance. Councilman Rotundo seconded the motion. Mayor Baugh noted that it will be a draft. Motion CARRIED 5-0. City Clerk Martinez read her September 17th memo regarding the increase in life insurance for elected officials. She noted that the additional cost will be $9.75 per month per individual, or $117.00 per year, for the $25,000. coverage. Mayor Baugh noted that he brought this up at the last meeting to make it the same as the Department Heads. Councilman Prater asked if the City should pay for this and Mayor Baugh replied yes, the increase of $117. per year. Councilman Prater noted that he'll have the reduced amount on his next birthday and he doesn't want to charge for it. Mayor Baugh advised him there would be no charge if he doesn't have the coverage. Councilman Asting noted that he isn't eligible but he moved that Council adopt this increase in coverage for its members. Councilman Rotundo seconded the motion. Motion CARRIED 3-2. Councilmen Prater and Mitchum voted NO. City Clerk Martinez read her memo of September 14th requesting authorization to solicit proposals for a company to prepare the newsletter. She added that they need to know the number of issues they wish to mail out. Mayor Baugh asked if this is just tq get the cost and City Clerk Martinez agreed it's only to solicit for proposals.1tCouncilman Prater seconded the motion. Motion CARRIED 5-0. 4 INSERT: Councilman Asting so moved. -4- City Council Regular Meeting Minutes September 21, 1987 o (,) COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Public Works Department - Resignation of Ron Austin, Superintendent (Tabled 9/2/87) - Councilman Mitchum so moved to remove it from the table. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Asting moved they accept the resignation. Councilman Rotundo seconded the motion. Motion DID NOT CARRY 2-3. Mayor Baugh, Councilmen Prater and Mitchum voted NO. Councilman Mitchum stated that he'd like to see Ron Austin sent a letter telling him the resignation was not accepted and even though he probably won't come back to work, he wants it placed in his file that the Council did not accept it and with a note that Ron Austin is welcome for employment in this City at any time, and he so moved. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. Councilman Asting moved that the circumstances that generated this resignation of Ron Austin be investigated and a report made to the Council. Motion DIED for lack of second. Councilman Asting stated that he hopes Council realizes they're condoning any actions. Councilman Mitchum stated that matters were taken into hand, and may or may not have been handled wrong, and he asked the City Attorney for a ruling of that since there were no charges, as he wants to avoid risk of libeling the gentleman and liability to the City. Councilman Asting said it's not liability to the City. City Attorney Alvarez pointed out it's a voluntary resignation, Council has expressed its feelings both ways and motions have been made, so at this time he sees no need to debate the matter any further since any type of debate will accomplish nothing that hasn't already been accomplished. Mayor Baugh pointed out they don't have anyone appointed as Acting Superintendent while they decide on the advertising, etc. Councilman Prater stated he'd like to appoint Mike Tenney to take over until they get something settled on this. Councilman Rotundo seconded the motion. Councilman Mitchum said he realizes they need someone and he asked the City Attorney to review the minutes when Ron Austin was selected since Ron Austin was not officially taken off probation by resolution and he wants to find out where they stand legally regarding the last five people they interviewed. Councilman Asting moved to amend the motion to start it at $20,500 for the position, the same as Mr. Austin got when he was taken on. Councilman Prater agreed to include that in his motion and Councilman Rotundo agreed to include it in the second. Motion CARRIED 5-0. Industrial Development Board - Presentation of Certificates of Appreciation/ Florida Industry Appreciation Week - Mayor Baugh read the Certificates of Appreciation awarded to the members of the Board and to the Board Secretary. He presented the awards to those members who were in the audience: Dale Andrew, Harold Hardester, and Bob Richards. Planning and Zoning Board - request to eliminate school as special exceptions in R-l,R-2,R-lA-R-2A,R-lB, and R-2B districts, Request to amend Sect. 715.00, site plan expiration, to allow one 6-mo. extension, Request to amend Sect. 715.02, site plan approval, by adding foundation permit, tree removal or land clearing permit, and Request to amend Sect. 715.02, site plan, re: interior renovations and review by Planning Dept. (All four items tabled 9/2/87) - Councilman Mitchum so moved to remove these from the table. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Reports - Mayor Baugh stated they'd previously mentioned the Govern- ment Finance Officers Association Certificate of Achievement and he displayed the Certificate for the audience to view. He stated it was awarded to City Clerk Martinez and the City of Edgewater and there will be another one coming to the City in November. He noted that it's a fine accomplishment. Councilman Asting pointed out it's the fourth year in a row they've received it. -5- City Council Regular Meeting Minutes September 21, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued ) Planning and Zoning Board - Request to eliminate schools as special exceptions in R-l,R-2,R-lA,R-lB, R-2A, and R";;2B districts - Mayor Baugh.expressed concern that a business such as a day school could open up in residential areas. City Attorney Alvarez agreed he could research this if Council wishes. Mayor Baugh noted that he'd requested it be tabled at the last meeting because of questions he had. Jake Wheeler, Chairman of the Planning and Zoning Board, said they made this recommendation because of parking, and if they eliminate schools in these zones, they'll eliminate them entirely in residential. He said before it was a special exception and now they want to eliminate schools in all residential except R-3, and from B-2 and B-3. Councilman Mitchum asked if they're allowed as special exceptions now and Mr. Wheeler replied yes and they want to eliminate schools in residential because of traffic. City Clerk Martinez agreed that the Board's intent was to remove it. Councilman Prater moved that they accept the Planning and Zoning Board request on this. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Request to amend Sect. 715.06, site plan expiration, to allow one 6-mo. extension - City Clerk Martinez read her memo recommending it be accepted and the City Attorney to draw up the necessary paper work. She noted there is currently no provision for extension and it's 12 months for a site plan and at times there are problems where a contractor has run into snags with ease- ments or financing. She said if Planning and Zoning doesn't accept it in 18 months, it will be started again. Councilman Mitchum asked if Planning and Zoning will grant the extensions and City Clerk Martinez read the four criteria required by Planning and Zoning. Mayor Baugh asked if those will be conditions and City Clerk Martinez replied yes. Councilman Rotundo moved they accept the recommendation of the Planning and Zoning Board. Councilman Prater seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Request to amend Sect. 715.02, site plan approval, by adding foundation permit, tree removal or land clearing permit - City Clerk Martinez read her August 27th memo recommending this request be accepted and that the City Attorney be authorized to draw up the necessary paper work for this change. She noted that it's to add the words "foundation permit, tree removal and or land clearing" to what is currently there. Councilman Mitchum moved that they accept the recommendation. Councilman Prater seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Request to amend Sect. 715.02, site plan, re: interior renovations and review by Planning Department - City Clerk Martinez read her August 27th memo recommending this acceptance and that the City Attorney be auth- orized to draw up the necessary paper work. Mayor Baugh asked if they need a permit to change a wall and City Clerk Martinez replied this is what it's exempting, if it doesn't change the foot print of the building. She pointed out this is for site plan process and not building permits. City Attorney Alvarez noted that R-l is not subject to that anyway and it's only multi-family, business and industrial, which is where they want to have the controls. He pointed out single family doesn't have to go through it now. He suggested they keep watching this for commercial changes because this would create a loophole, and he recalled an incident that occurred about four years ago. Councilman Mitchum asked Mr. Wheeler if the intent was to exempt all commercial. Mr. Wheeler replied it was to exempt single family and twinplex, and commercial properties have to come back to Planning and Zoning. City Attorney Alvarez said this isn't the way it reads. Mayor Baugh requested a motion to send it back to Planning and Zoning and have them redo it and resubmit. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -6- City Council Regular Meeting Minutes September 21, 1987 o <.) COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Planning and Zoning Board - Recommendation to annex/rezone four parcels abutting South Ridgewood Ave. (Constable, Connors, Fortna, Geil) - City Clerk Martinez read the August 26th memo from the Board recommending that Parcels 1, 3, 4, and 5 be annexed and rezoned. Councilman Rotundo asked if the property owners recommended these zonings or if the Planning and Zoning put those there. Mr. Wheeler, Chairman of the Planning and Zoning Board, replied yes. There was an explanation by City Clerk Martinez and City Attorney Alvarez regarding the current process for rezoning newly annexed lands. City Attorney Alvarez pointed out before any change in zoning from County to City can be done, there has to be an amendment to the Land Use Element, which has to be approved by the Growth Management Commission for consistency and by D.C.A. and East Central Florida Regional Planning Council. He noted that this takes six months or more, and then Council will look at rezoning or zoning of the property. He pointed out some of these may have annexed with the promise they'll have a certain zoning and it may not work out that way. He added that they can annex but they can't do zoning until the Land Use Element of the Comprehensive Plan is amended. Mayor Baugh asked if they can do it if it's the same zoning as the County's and City Attorney Alvarez replied if it's the same density as the County's, they could develop it under the County's rules and regulations, but they still have to go through the process. He added that if the zoning is compatible, it will expedite the process. He referred to the Radnor changes. He reviewed what's covered by the Growth Management Commission and said it's lengthy and complex. Mayor Baugh asked if they can annex if they keep the County's zoning and City Attorney Alvarez replied that will be no problem. Bill Klein, 2910 Needle Palm, asked what good it will do for Council to annex it now when it doesn't meet the County's requirements. Mayor Baugh noted that theirs might be different and their R-2 could be our R-l. City Attorney Alvarez again stated before the City can zone the property or change that zoning, there has to be a completed amendment to the Land Use Plan. Mr. Klein said they were told it had to be done that Thursday or wait for six months. City Attorney Alvarez clarified they can send it any time but they only amend twice a year. Mr. Klein asked where they stand legally if they annex the four and deny by omission the property that was withdrawn involuntarily. City Attorney Alvarez replied the property owners could have some recourse if they were misled. Mr. Klein stated the owner wasn't even asked and our City official withdrew it. Mayor Baugh said that was because it was withdrawn by someone else. Rosie Fortna, India Palm, said they took parcel 2 out at that time but a few days later they put it back in and she understood it was resubmitted and she didn't want it withdrawn. She added they paid the annexation fee. City Clerk Martinez noted that it has to first go to Planning and Zoning and perhaps it will be on their agenda the next morning for the meeting to discuss Planning and Zoning items. Ms. Fortna said she's with Constable Realty and Luis Geil did resubmit it. There was discussion about the procedure for these requests. Mayor Baugh stated the City Attorney will meet with the Planning and Zoning Board at their next meeting and this can be tabled until he can discuss it with them in its entirety and then bring it back to Council to see where they stand. Ms. Fortna said she's part owner of lots 3, 4, 5, and 6 and she asked if it's a minimum of six months before zoning can be placed. City Attorney Alvarez replied probably, and they have to amend the Land Use Element of their existing plan or include it in the new plan to be submitted to D.C.A.,which has to be submitted by 1989. He added it could be tied up if there is opposition. Ms. Fortna asked if they submit a site plan for the parcel or if it's on hold. City Attorney Alvarez replied no, because it's outside the hands of the City to a great extent and G.M.C. could find the amendment is not consistent with the County. Councilman Rotundo suggested workshops for Council for any annexations and rezonings. City Attorney Alvarez stated it shouldn't have come to Council with a motion to annex and rezone and no one explained it to the Board, but he explained it to many City officials during the last year, and he doesn't want a property owner to be under the misconception that if they annex they'll get a certain zoning. Mayor Baugh requested a motion to turn this back to Planning and Zoning Board for discussion with them by the Attorney and for them to bring back a recommendation or a notice to Council. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. -7- City Council Regular Meeting Minutes September 21, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Planning and Zoning Board - Recommendation to rezone 416/418 West Park Ave. from R-3 to I-I - City Clerk Martinez read the August 28th memo from the Chairman of the Planning and Zoning Board. Mayor Baugh pointed out it abuts I-I property at this time, and he recommended they accept the recommendation. Councilman Asting so moved. Councilman Prater seconded the motion. City Clerk Martinez asked if want to rezone our own property. Mayor Baugh said the intent is to include only the one parcel to I-I. Councilman Asting agreed it's only the one parcel and Councilman Prater agreed that was his intent. Mr. Jake Wheeler, Chairman of Planning and Zoning, said the piece of property of the City is near the barn and is where the old dump was years ago so they figured they could rezone the whole thing to straighten it out. He added that the West side is all I-I, light industrial. There was discussion about the exact location of the property. Mayor Baugh stated it's North of our City barn. Councilman Mitchum asked how we acquired the property and Mayor Baugh replied he didn't know. City Clerk Martinez suggested that perhaps it was from Volusia County. Roll call on motion to change to I-I the portion colored in on yellow CARRIED 3-2. Councilmen Rotundo and Mitchum voted NO. Mayor Baugh asked City Clerk Martinez to check the other parcel. Dave McGinnis presented pictures of the property that was full of debris and fill. He said he's authorized to act on behalf of Mrs. Cubbege and Mrs. Newell. Doris Massey stated this property is adjacent to Mrs. Newell's to the South and it's just a ditch that was dug and filled to the brim with palm roots and she doesn't think it can be used to any advantage. City Clerk Martinez noted that the initial purpose was to gain shell. Mayor Baugh suggested they leave it as it is, and he requested a motion to authorize the Attorney to draw up the necessary papers, excluding the City property. Councilman Asting agreed that was part of his motion. Councilman Prater agreed as the second. Motion CARRIED 3-2. Councilmen Rotundo and Mitchum voted NO. COMMUNICATIONS Alfred A. DeCubellis's request for special permit to open auto recycling yard (Tabled 9/2/87) - City Clerk Martinez pointed out this request for a special permit was tabled for a full Council. Councilman Mitchum moved to remove it from the table. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Prater asked Assistant Code Enforcement Officer Pat DiLeva to speak on this. Mr. DiLeva said he was approached by Councilman Prater and another Councilman to check into this application for a junk yard. He added that he has the job of getting rid of junk cars. He said he took a Councilman to see it and the Police Chief and Dennis Fischer, Building Official/Code Enforcement Officer. Mr. DiLeva passed around copies of pictures to the Council. He reviewed the views of the pictures. He said it's fenced all around but the fence is only 6 foot high and it should be 8 foot, and the fence is different and it should be the same all the way around. He said the location looks all right, but he'd like Council to move slowly on this because the City ordinance isn't adequate and it doesn't cover safety precautions and where the man will store acetylene or oxygen bottles. He added that it doesn't address noise or fire fighting equipment or the inspection personnel. He stated that he agrees they need one, but they must be cautious and look into this. Councilman Rotundo asked what type of occupational license he has now and Mr. DeCubellis replied he doesn't have a license at that location and he just bought the property. City Clerk Martinez noted that it wasn't an auto recycling yard there previously. Councilman Mitchum asked if he bought the cars with the property and Mr. DeCubellis replied those are in storage at this time. Councilman Mitchum asked if he'd be willing to meet all the requirements, such as 8 foot fence, etc. He noted that it's next to the railroad track. Mr. DiLeva stated that he'd told Mr. DeCubellis that he'd have to meet all the criteria set by Council and Code Enforcement and the Chief of Police. -8- City Council Regular Meeting Minutes September 21, 1987 o o COMMUNICATIONS (Continued) - Alfred A. DeCubellis's request for special permit to open auto recycling yard (Tabled 9/2/87) - Councilman Prater asked if the ordinance should be amended before they go ahead with this and Mr. DiLeva replied yes. Councilman Prater stated that it should be up to City standards. Mr. DeCubellis reviewed past experience over 25 years in this type of work. He said he'll bring the junk cars into the yard and dismantle them and the bodies will be disposed of. He said he won't stack cars 2 or 3 cars high. He added that he's not interested in towing as much as dismantling the cars. Councilman Mitchum asked if he's aware of what's involved when he picks up an abandoned car. Mr. DeCubellis replied he doesn't want abandoned cars, but those that people don't want any more. Councilman Mitchum said he wants it made clear that he has no legal rights with an abandoned car and it would have to be stored and not dismantled. He read the section of Mr. DeCubellis's letter re: abandoned cars. Mr. DeCubellis agreed that was wrong to use the word abandoned. Councilman Mitchum further reviewed the legal requirements regarding abandoned cars. Councilman Rotundo asked if there are residents near this property. There was discussion about the location, and City Clerk Martinez noted there's one house on the North side. Mr. DeCubellis said he plans to buy that property. Councilman Rotundo stated he's not against junk yards but he doesn't want to live near one, and it will create rodents and snakes in the area. Councilman Mitchum said he's in favor of this and the location is ideal abutting the railroad tracks, it's not in a subdivision, and he'll meet the requirements, but he wants conditions if they grant this that it be kept clean and safety rules are abided by. He suggested Mr. DiLeva could draw something up. Mr. DiLeva said he'd talk with Mr. Fischer and the Police Chief. Councilman Mitchum said the City Attorney should be included. Councilman Mitchum moved they approve it contingent onits coming back from the City Attorney, and meeting the requirements of the City Attorney as set forth by Code Enforcement, Fire, and the Police Department, and when those requirements are met to Mr. DiLeva's satisfaction, then he can proceed. Councilman Asting seconded the motion. City Attorney Alvarez pointed out this is a special permit as classified in the Code and it refers to requirements which shall be applicable, but that doesn't mean these are the only requirements. He said they need to come up with written rules and regulations and they may want to set a six month limit for review. He noted that he might sell the business and they'll deal with someone else and there must be conditions for that, and if they're violated, the special permit would be automatically revoked. Councilman Mitchum asked if he should amend his motion to have all those conditions come back as an amendment to the ordinance and Mayor Baugh replied no, this is a special permit. City Attorney Alvarez clarified that the requirements will be a part of the special permit. Councilman Mitchum said this section needs amended and asked if they can redo it at the same time. City Attorney Alvarez replied they can, but they can put requirements on the special permit. Councilman Mitchum agreed it would be up to the City Attorney and the staff. City Attorney Alvarez stated it will protect the welfare of people in the area. Motion CARRIED 4-1. Councilman Rotundo voted NO to protect residents of that area. Councilman Mitchum stressed to Mr. DeCubellis that nothing can be done until this is brought back. Councilman Asting suggested a short recess at 9:20 P.M. Meeting was recessed and Mayor Baugh called the meeting back to order at 9:25 P.M. -9- City Council Regular Meeting Minutes September 21, 1987 ~ ~ o Q COMMUNICATIONS (Continued) - Freeman Newell re: road built on football field - City Clerk Martinez read the September 14, 1987, letter from Mr. Newell. Mr. Newell asked who authorized the road on the School property. Mayor Baugh replied he doesn't know. Councilman Asting said he thinks it was Mr. Nadal. Councilman Mitchum read the letter to Mr. Nadal from Mr. Garrett saying we agreed to it. Councilman Asting said it's South of the football field. Councilman Mitchum asked Mayor Baugh if he had a meeting with Mr. Nadal and School Board officials to discuss the location at the South end and Mayor Baugh replied yes. Councilman Mitchum asked if there's a 99-year lease on that property and if Council would make the decision if they want to give up the property for a road. Mayor Baugh said that was his feeling. Councilman Mitchum asked who gave Mr. Garrett the right to go back after this and verbally agree they would accept the road across the football field. He added that it was never brought up to Council except by Mr. Newell after the fact that the road was already in place. He expressed concern that Mr. Garrett was not present at this Council meeting. Mayor Baugh explained he was at a meeting with Dr. Smith, Mr. Nadal and Mr. Garrett and it was discussed that the road would go on the South side of the football field and cut parallel with the railroad tracks. He said the purpose was to move portables and the road was the secondary question. He said when he was told the road was going across there, he called the School Board and asked them to put a stop to it and they said they would, and when he got home, he got a call from Mr. Nadal who asked why he called the School Board. He added that he told him that was not where the road was supposed to be. He said Mr. Nadal told him he'd met with Lieutenant Britain, Mr. Ron Austin, and Mr. David Garrett and they said it could go across there. He stated that he's not happy with the road there and the sprinkler system is messed up. Mr. Newell stated that it will cost about $1,000 for the City to redo the sprinkler system, and he reviewed the dates of the meetings and the memo. He asked why the letter was sent after the road was in. Chief Schumaker stated that Lieutenant Britain had discussed the meeting with him and had told him the road was going behind the goal post and making a right hand turn and at no time did he think the road would be where it ended up. He added that Mr. Nadal came out and told McCallister to continue to fill there. Mr. Newell noted that two cars have already got stuck there. Chief Schumaker stated that it was a complete surprise to the Police Deparmtent where the road ended up. Mr. Newell said they have a Recreation Board and they are very unhappy with it and they've talked to Mr. Nadal also. Councilman Mitchum said they're obviously in disagreement of where the road was to go and Mr. Garrett gave them verbal permission to put it there. He stated he'd like to authorize the City Clerk to write a letter to the School Board and Mr. Nadal stating our objections and demand they remove the road at their expense and the City Clerk to ask Mr. Garrett about this because they used recreation money. Mayor Baugh clarified that wasn't recreation money. City Clerk Martinez agreed there was no cost. Councilman Mitchum said they have an obligation to the taxpayers because they've spent a lot of recreation money on those fields and he'd like this taken care of and not go any further than it already has. Mr. Newell said there are a lot of fields there and he thinks something should be done. Ken Newell, 305 Ann Street, said it's obvious Mr. Garrett and Mr. Nadal goofed. He said they raised about $900. this year for the soccer team and now the field is gone. Councilman Mitchum made that in the form of a motion (letter to the School Board and Mr. Nadal). Councilman Prater seconded the motion. Motion CARRIED 5-0. -10- City Council Regular Meeting Minutes September 21, 1987 .. . .. " o o ORDINANCES AND RESOLUTIONS Res. 87-R-39 Appointing Sadie Glover to Board of Adjustment - City Attorney Alvarez read this Resolution. RES. 87-R-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING SADIE GLOVER TO THE BOARD OF ADJUSTMENT OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He stated the term of office is to August 6, 1990. Councilman Prater moved to adopt Resolution 87-R-39. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Res. 87-R-40 Continuing Agreement with Gerard Ferrara as In-House Engineer - City Attorney Alvarez read this Resolution. RES. 87-R-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AN AGREEMENT TO CONTINUE THE PROFESSIONAL SERVICES OF AN IN-HOUSE ENGINEER FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He stated the change in the Agreement is on the last page, paragraph 7, regarding the termination of the agreement. Councilman Asting moved to adopt Resolution 87-R-40. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Res. 87-R-4l Adopting Standards and Procedures for appointments to City Boards and Committees - City Attorney Alvarez read this Resolution. RES. 87-R-4l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, FORMALLY ADOPTING "THE CITY OF EDGEWATER, RULES AND PROCEDURES", REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He said attached are procedures consisting of four steps, and Council needs to be thinking about the composition of the screening committee on step two. Councilman Mitchum moved they adopt Resolution 87-R-4l. Councilman Prater 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 Rotundo seconded the motion. Meeting was adjourned at 9:40 P.M. Minutes submitted by: Lura Sue Koser CUI MAN - ZON 7~~ COUNZ' . ZONE/~ ~t.U/ /' /HiliL--- COUNCILMAN - ZONE FOUR ~ t 1Ah f7C'S Approved this 5th OCl:;;tt:8~. MM"OR l -11- City Council Regular Meeting Minutes September 21, 1987