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04-06-1987 - Regular ..... ., , , <J (J . CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 6, 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 Excused(City bus.) Present Present INVOCATION, SALUTE TO THE FLAG Reverend Sal Siano, Edgewater Alliance Church, gave the invocation. There was a salute to the Flag. Mayor Baugh then asked for a motion to go out of the Regular Meeting and go into the Public Hearing. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: Ord. 87-0-7 Amending Chapter 10,Art.III,Sect.10-66 re: abandoned, junked or discarded motor vehicles - City Clerk Martinez read this Ordinance. ORD. 87-0-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 10, ARTICLE III, SECTION 10-66 "DEFINITION OF ABANDONED, JUNKED OR DISCARDED MOTOR VEHICLES" BY REDEFINING THE DEFINITION OF ABANDONED, JUNKED OR DISCARDED MOTOR VEHICLES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh asked for public input and there were no comments from the audience. Ord. 87-0-8 Amending Sect. 707.00 re: definitions of utility sheds - City Clerk Martinez read this Ordinance. ORD. 87-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 707.00 "ACCESSORY BUILDINGS, UTILITY SHEDS AND DETACHED GARAGES", OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY REGULATING THE CONSTRUCTION OF STORAGE SHEDS OF OVER ONE HUNDRED TWENTY SQUARE FEET AND LIMITING THEIR NUMBER PER SINGLE FAMILY RESIDENCE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input and there was none. He then asked for Council comments and there were none. Ord. 87-0-9 Amending Sect. 602.05 to allow churches as special exceptions in R-3 zoning - City Clerk Martinez read this Ordinance. ORD. 87-0-9 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 602.05(c) "R-3 SINGLE-FAMILY RESIDENTIAL DISTRICT", OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ALLOWING CHURCHES AS A SPECIAL EXCEPTION IN R-3, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input and there was none. He asked for Council comments and there were none. Mayor Baugh requested a motion to close the Public Hearing and go back into the Regular Council Meeting. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ord. 87-0-7 Amending Chapter 10,Art.III,Sect.lO-66re: abandoned, junked or discarded motor vehicles - Councilman Asting moved to adopt the Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 87-0-8 Amending Sect.707.00re: definitions of utility sheds - C~uncilman Prater moved to adopt Ordinance 87-0-8. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 87-0-9 Amending Sect.602.05 to allow churches as special exceptions in R-3 zoning - Councilman Asting moved to adopt the Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. o o APPROVAL OF MINUTES Regular Meeting of March 16, 1987 - Councilman Asting moved to adopt the minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Prater moved to pay the bills and accounts. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated there's a supplemental bill from Bob's Safety Lights for the Street Department for barricade rental. The memo attached had explained that a purchase order was not obtained and barricades were being rented and then later a purchase order was requested and the cycle continued. She said the total due is $114.70 and it's due and payable. Councilman Rotundo moved to pay this bill. Councilman Prater seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS None COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting suggested they set a meeting date for the next meeting on the capital improvements plan. There was a discussion about available dates and times and Mayor Baugh suggested they check the calendar the next day to see when the Community Center is free and then arrange the meeting for next week. No Council member expressed an objection. Councilman Mitchum asked for details about a memo received regarding a meeting with the County on water and sewer to the south. City Clerk Martinez explained our staff is to review it with their staff and representatives from Volusia County met here and asked if Council had any problems with the County staff and Edgewater staff putting together figures to see if a joint venture of any nature would be feasible. She pointed out that the appropriate Councils will have to take action. Mayor Baugh said he met with the City Clerk/Administrator and County representatives and they felt getting the two staffs together would be beneficial. Councilman Mitchum said he doesn't want people to think we're expanding beyond our capabilities. Councilman Asting noted that the County is anxious to provide water and sewer to the trailer parks south of the City limits and are sounding us out on this. Councilman Mitchum pointed out this is at planning stage only and he wants the citizens to understand we'll take care of all our own needs first. City Attorney Reports - City Attorney Alvarez was not present at this meeting. City Clerk Reports - City Clerk Martinez stated Council authorization is needed to cut a check for those attending the Volusia League of Municipalites dinner meeting at Cap'n Coty's Inn in Ormond Beach on April 23rd, hosted by the City of Ormond Beach. Councilman Mitchum so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilman Asting pointed out this is a meeting of the Volusia League of Municipalities in conjunction with the dinner. Public Works Superintendent's request to go out for bids for new office complex - City Clerk Martinez read the March 26th memo from Superintendent Ron Austin. Councilman Asting moved to authorize Ron Austin to go out for bids for a suitable building. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Assistant Recreation Director/Buildings & Grounds Maintenance Superintendent's request re: umpires for 1987 regular season - City Clerk Martinez read the April 1st memo from Jack Corder. Councilman Asting noted that this will include the entire baseball program for the City and City Clerk Martinez agreed it's for the 1987 season. Councilman Asting moved to grant the request. Councilman Mitchum seconded the motion. Mayor Baugh questioned where funds from the concession stand go and City Clerk Martinez replied they go to the general fund. Mayor Baugh noted this could be an offsetting fund to fund the umpires. City Clerk Martinez said the sign up fees and sponsor fees go toward that. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes April 6, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Administrative Fire Chief - recommendation on bids for sale of Scott air packs - City Clerk Martinez read the March 26th memo from Mr. Pat DiLeva recommending the sale of the air packs to Volusia County for $600.00. Councilman Asting noted they authorized the purchase of new air packs in lieu of these and at that time they said he could go out to sell the old ones and he moved to authorize the sale of the air packs. Mayor Baugh asked if the motion is to accept their $600.00 bid and Councilman Asting agreed it is. Councilman Prater seconded the motion. Councilman Mitchum asked if there was only one bid and Mr. DiLeva replied yes. Councilman Rotundo asked if this is satisfactory with the Fire Department and Mr. DiLeva replied yes. Councilman Mitchum noted that he thought they were going to give them away before. Motion CARRIED 5-0. Administrative Fire Chief - awards for three members - City Clerk Martinez read the March 31st memo from Mr. Pat DiLeva which stated three members were recently given the Green Cross Award for saving a life. The three men were: Brett Williams, Jim Goodwin, and Robert Iasimone. Mr. DiLeva stated this is the first time the award has been given, but there were 8 people who have also saved lives in the past. He introduced Jim Goodwin and Robert Iasimone and stated that Brett Williams was unable to be at the meeting. Lt. Trevor Barlow presented the patch awards to Mr. Goodwin and Mr. Iasimone, and to Chief Gary Lamb as a representative for Mr. Williams. He stated that the others who have saved a life are: Marvin Owens, Robert Main, Danny Taylor, Trevor Barlow, Tracy Barlow, Chief Gary Lamb, and Mike Hayes. He noted this was done before they had a Green Cross but he'll make sure they get an award. Mayor Baugh thanked Mr. DiLeva and the gentlemen in the Fire Department. Planning and Zoning Board and Department Heads re: vacation of alley between Hibiscus and India Palm (Tabled 2/2/87) - City Clerk Martinez read the March 23rd memo from Chairman M. F. Wheeler which recommended Council accept the vacation of the alley, subject to dedication of a fifteen (15) foot right of way and a ten (10) foot easement, with the entire front to be landscaped with the addition of posts to prevent damage to planted area by vehicles. Attorney Jim Morris noted that the easement runs east and west rather than north and south as stated in the memo, and the one they'll be vacating is east and west. He noted it will be landscaped and will have traffic control with select openings. He said the property will be graded off and shell put on the vacant land _ at the westerly part of it so they won't have mud holes that were there. He added that his clients are agreeable to doing that and he wants that to be a part of the record. He stated all the staff, with the exception of the Parks, recommended that the request be granted and on that basis, he recommended they approve it. Councilman Rotundo stated he's had complaints from people living in the area about trash blowing into their yards. Attorney Morris said he can't speak on that, but the landscaping will help, and the Code Enforcement Officer should cover that. Councilman Rotundo asked if someone will police the area and Attorney Morris replied that's part of the busines~. Councilman Prater asked if landscaping will be done on one shot for east and west and Attorney Morris replied yes, the current area that's paved and the shell to the west so it will be entirely landscaped. Councilman Prater asked about the portable sign there now as sometimes it gets moved closer to the street and causes a traffic problem. Attorney Morris pointed out the landscaping will go to the edge of the right of way and signs would have to stay inside or would be in the City's right of way. Councilman Prater stated that corner could bear some cleaning up. -3- Council Regular Meeting Minutes April 6, 1987 Q o Council/Officers Reports, Boards and Committees (Continued) - Planning and Zoning Board and Department Heads re: vacation of alley between Hibiscus and India Palm (Tabled 2/2/87) (Continued) - Councilman Asting asked what Huntley Jiffy plans to do with that piece of property and Attorney Morris replied it's now zoned for gas pumps. Councilman Asting asked if the whole corner is gas pumps and Attorney Morris replied they'd have to come back if they do anything more. Councilman Asting said he'd like an idea of what's going in there because they don't want something that won't be compatible with residents. Attorney Morris said he doesn't know but they do intend to use it for gas pumps and special exception is approved. Councilman Asting asked the location of the entrances for gas pumps and Attorney Morris replied it will be from entrances on Indian River Boulevard. Attorney Morris said he reviewed landscaping with Lynne Plaskett and she insisted it be 10 feet instead of 5 foot. He added they won't turn into residential streets. Councilman Asting asked how many gas pumps will be there and Attorney Morris replied he's not prepared to discuss that. Councilman Asting said he'd like to know how many gas pumps will be there and what the remainder of the property will be used for. Attorney Morris pointed out they'd have to come back. Councilman Asting noted that Planning and Zoning will look at it. Mayor Baugh stated the only issue before Council now is if they'll vacate and anything else will have to go to Planning and Zoning Board to be recommended for what they put in there. Councilman Mitchum asked what they propose to do with the alley, or back, except for leaving a right of way. He asked if it will be shelled or paved. Attorney Morris replied the eastern part is poured concrete and about 25 foot, and the west side will be graded and shell put down, but there's no intention of paving. Councilman Mitchum stated they're upgrading the paving and this is a sand pit and they're trading a firm piece of ground for a sandy piece. Attorney Morris said they'd grade it out and stabilize it to have the same consistency. Councilman Mitchum said the alley they're vacating would be up to standards of a hard coat but businesses have to have paved parking and he proposed a stipulation to match up the alley there. Attorney Morris stated that if the City takes the position to have that portion paved, there's a longer portion to the north which should be paved at the City's expense since it's City property. He added that many cities have provisions in their ordinances for stabilizing, but not for paving. He reviewed how many feet are being surrendered for what amount. Councilman Mitchum stated he saw what the footage sold for and it's more valuable than the sand trap in the back. Councilman Asting stated he doesn't want it to become a truck stop and there's a trailer parked there at times, and it looks awful after a rain. Attorney Morris said that will graded out and the front will be landscaped and it won't be as easy for a truck to come in there. Councilman Rotundo moved to accept the recommendation and it was noted this was a tabled item. Councilman Mitchum moved to take it off the table. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Mitchum stated he wants to put a stipulation on it and he moved they accept that subject to hard surfacing of the back alley, the yellow portion on the west, to the present City standards concerning parking lots and roads. Attorney Morris called a point of order, noting that Planning and Zoning's stipu- lations should be part of it. Councilman Mitchum said the motion is as approved by the Planning and Zoning with the stipulation of the paved alley. Councilman Prater seconded the motion. Mayor Baugh said they'll accept Planning and Zoning's recommendation with the stipulation that they pave the 15 foot. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes April 6, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Building Trades Regulatory and Appeals Board's recommendations to fill three (3) vacancies - City Clerk Martinez read the March 19th memo recommending that Council appoint three members from a list of four nominated by their Board. Those nominated were: Lester Yarnell, Larry Swets, Daniel Bumpus, and John Ciaffoni. Councilman Asting nominated Lester Yarnell. Councilman Rotundo nominated Larry Swets. Mayor Baugh nominated Daniel Bumpus. Mayor Baugh requested a motion to close the nominations. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh requested a motion that these three gentlemen be appointed to the Building Trades Regulatory and Appeals Board and the City Attorney to draw up the necessary papers. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board's recommendation to reappoint Harry Montgomery and Sue Pezanowski (Terms expire 5/17/87) - City Clerk Martinez read the April 2nd memo of recommendation. Councilman Asting moved that Harry Montgomery and Sue Pezanowski be reappointed to the Parks and Recreation Board and that the City Attorney draw up the necessary resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS None ORDINANCES AND RESOLUTIONS Ord. 87-0-10 Amending Chapter 7 by adopting latest revision of "Standard Building Code", "Standard Fire Prevention Code" and "101 Life Safety Code" - City Clerk Martinez read this Ordinance. ORD. 87-0-10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 7, ARTICLE II, SECTION 7-20, ARTICLE IV, SECTION 7-90, AND ARTICLE XI, SECTION 7-361, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADOPTING THE LATEST REVISION OF THE "STANDARD BUILDING CODE", "STANDARD FIRE PREVENTION CODE" AND THE "101 LIFE SAFETY CODE" RESPECTIVELY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved to accept Ordinance 87-0-10. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 87-0-11 Amending Sect. 603.01, R-4 allowing 30 ft. front yard for detached single family homes when no multi-family units are built in same area - City Clerk Martinez read this Ordinance. ORD. 87-0-11 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, AMENDING SECTION 603.01 "R-4 MULTI-FAMILY DISTRICT" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ALLOWING A THIRTY (30) FOOT FRONT YARD FOR DETACHED SINGLE FAMILY HOMES WHEN NO MULTI-FAMILY UNITS ARE BUILT WITHIN THE SAME AREA; CONTAINING A REPEALER PROVISION; A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Ordinance. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Mitchum voted NO. Res. 87-R-20 Reappointing Reverend Harvey Hardin to General Employees' Retirement Plan Board of Trustees - City Clerk Martinez read this Resolution. RES. 87-R-20- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING THE REVEREND HARVEY HARDIN AS A MEMBER OF THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 87-R-20. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Res. 87-R-21 Authorizing appropriate City officials to execute Agreement with Strategic Planning Group, Inc. re: Comprehensive Plan Housing Element - City Clerk Martinez read this Resolution. RES. 87-R-2l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE "AGREEMENT FOR PROFESSIONAL SERVICES" BETWEEN THE CITY OF EDGEWATER AND STRATEGIC PLANNING GROUP, INC., REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved to accept Resolution 87-R-2l. Councilman Prater seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes April 6, 1987 of . o o ORDINANCES AND RESOLUTIONS (Continued) Res.87-R-22 Authorizing appropriate City officials to execute lease with Oscar Zeller for use of property for Police Department shooting range - City Clerk Martinez read this Resolution. RES. 87-R-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE "LEASE AGREEMENT" BETWEEN THE CITY OF EDGEWATER POLICE DEPARTMENT AND OSCAR ZELLER, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 87-R-22. Councilman Asting 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 Rotundo so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 7:56 P.M. Minutes submitted by: Lura Sue Koser ~, CITY CLERK/ADMINISTRATOR 0~~ ~~ . - ZONE FOUR -r L!PtJ (/ J; ATTEST: CO jl"?' ~ Approved this 20th day of April ,198~ ~f1~ MAYOR -6- Council Regular Meeting Minutes April 6, 1987