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07-24-1978 - Regular o Q CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING July 24, 1978 Mayor Christy called the regular meeting of the City Council to order at 7:00 P.M. i.n the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Excused Present Present Present Present Present INVOCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council approve the minutes of the July 17, 1978 regular meeting. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Rotundo voted NO due to absence. BILLS AND ACCOUNTS Councilman Sikes made a motion that the Council approve these bills for payment. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes asked Chief Baugh to explain some of the bills from the Police Dept. Mr. Sikes wanted to know which cars seemed to need the most repair. Chief Baugh said that the older car he uses has had some work done on it and also two of the Nova's had work done on the clutches. COMMUNICATIONS The City Clerk read a letter from the Zoning Board concurring with the Council suggestions for rezoning Riveredge Acres. The Zoning Board also agreed with upgrading square footage in the City. The Council discussed holding a public hearing for upgrading the square footage in the City. Councilman Sikes made a motion that the Council authorize the City Clerk to advertise for a Public Hearing to upgrade the square footage of houses in R-1, R-2 and R-3 in the City, excluding Florida Shores. The Public Hearing will be at 6:30 P.M. on August 28, 1978. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. o o The City Clerk read a letter from the Building Inspector asking for a clarification of the definition of a trailer or mobile home. There are presently two trailers being used as office trailers in Edgewater. The Building Department issued permits for this use. . There was a question from the Zoning Board on whether or not this was a violation of Ordinance 849. The Council discussed this ordinance and the definition of a trailer or mobile home. Councilman Sikes said that he believed we had an ordinance that stated ,when a trailer was used for storage or office space, the owner can be issued a 90 day permit by the Council. The City Attorney said that he had not had a chance to research this subject. The Building Inspector said he believed a trailer or mobile home was defined as having sleeping and living facilities and that this does not include a trailer being used strictly as an office. The City Clerk read from Ordinance 849 Section 2: A mobile home cannot be parked or set up, lived in or stored within the corporate limits of the City of Edgewater unless said Mobile Home is located in a mobile home park zoned for Mobile Homes, a mo~ile home subdivision or in a trailer campsite provided however that a special permit may be obtained from the City Council of the City of Edgewater, Florida for any of the following purposes: 1. For the purpose of night-watchman 2. While a home or homes are being constructed 3. Construction offices, etc. This permit shall be valid for a period of three (3) months from the date of issue and shall be subject to renewal by the City Council. The City Council instructed the Building Inspector to notify the owners of the office trailers that they would have to apply for a permit from the Council. The City Clerk read a request from A-I Rental and Edgewater Red and White to have a clarification of the ordinance relating to business signs. Mr. John MacGregor, A-I Rental, spoke to the Council. He does not believe that the signs he sells, leases or rents out are objectionable and he wants to know why there has been complaints about his signs. Mayor Christy said that the ordinance mentioned moving or travelling lights which is one of the types of signs A-I Rental has. Councilman Dietz said that he felt the ordinance was too restrictive. Councilman Sikes said that many of these flashing or moving signs could be hazardous to drivers. Councilman Dietz suggested lowering the wattage in these signs and making sure they were possibly a little farther back from the highway. \:/ The City Attorney suggested that the Council consider holding a Public Hearing to discuss an updated sign ordinance. Councilman Dietz said that we need to update our sign ordinance because most of the business signs in Edgewater are actually not strictly in conformity with the present ordinance. 2 o o Chief Baugh said that he definately felt that the signs should keep up with the 15 ft. setback. Councilman Dietz made a motion that the Council should go on record to give the Police Chief authorization to use his judgement concerning the present signs in Edgewater to try and straighten this sign problem out and make recommendations to the Council at a later date for a change in this ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. The Chief said that he would carefully check for any signs that might be considered distracting or hazardous to drivers. COORDINATORS REPORTS Councilman Rotundo had no reports to make at this time. Councilman Sikes said that he had received a letter from Mrs. Brown wanting to know if the City was still interested in her property. The property runs behind City Hall. The asking price is approximately $42,800. The Council will discuss this at next week1s meeting. The City Clerk reminded the Council to be sure and save August 15, 16 and maybe 17th to work on the budget. They may need to work on the following week also. Councilman Sikes said that the City should correct the' sign at the end of the pier. The word "trailer" is spelled incorrectly. Councilman Dietz said that he had written an answer to the DER concerning problems in the Water/Wastewater Plant. Briley, Wild and Assoc. have also.written to the DER. A copy of the letter will be available to the Council members for their comments tomorrow. The City has also sent in their long range plan for water expansion in Florida Shores. Mayor Christy and Councilman Dietz will meet tomorrow with the Fire Marshall to work on the proposed extended Fire District. Mr. Dietz has been to the firehouse to check on the capacity of the trucks. It might be more advantageous to have two smaller tankers for water than one large one~ At the present time we do not have a large capacity for carrying water in the trucks the Fire Dept. has. The Fire Chief has requested a 1250 gal. a minute pumper but there is o~ly one fire hydrant in the City that can furnish 1250 gal. of water a m1nute. We cannot use.this large a truck, a 750 gal. pumper would be more than sufficient. The City Clerk said that she has been informed by the insurance company that workmen's compensation has been increased. The figure should be corrected on the budget. Mayor Christy said that the trucks are still going down Orange Tree and the Chief said that he needs an ordinance for the alternate truck route. The City Attorney said they only needed an ordinance if it will be a permanent type route. The Chief has the power to enforce this temporary truck route. Mayor Christy said that he can get the pipe needed at the 18th St canal on Hibiscus. Originally this was estimated at costing $4,000 but he can get it free if we can get it hauled. The cost of hauling this pipe would be approximately $1,000. He would like Council approval for this job. Councilman Sikes said there will be a problem finding the money for this but we should go ahead and get it fixed. Maybe it might be possible to use some City equipment. 3 o o Mayor Christy said that the Street Dept. needs hot and cold patches to finish fixing East Pine Bluff. The Council approved this purchase. Mayor Christy said we also need to buy more culvert material to keep up with the installation of culverts for the homes being built. Mayor Christy said that Mrs. Stone, 133 W. Pine Bluff, had requested that the City install a pipe in the ditch next to her house. The Council believes that this is County property. The Mayor will check with the Mosquito Control Agency to check this out and determine who should be responsible for this project. Mr. Diamond spoke to the Council concerning a letter from the Department of Transportation about the proposed bike path. The DOT has reviewed the application for a utility permit to construct a bikeway adjacent to the west side of U.S. 1 between Indian River Blvd. and Turgot Ave. The State feels that U.S. 1 is a major roadway carrying a high volume of motor vehicle traffic and that the eXisting amount of right of way available is in- sufficient. The State recommends that Edgewater utilize an alternate corridor and consider the construction of a six foot sidewalk within available westerly US 1 rights of way. The Council authorized Mr. Diamond to resubmit the permit and work with the DOT towards the completion of a bike path. Mayor Christy reminded the Council that new members were needed for the Board of Adjustment, the Merit Board and the Building Code Board. He asked Council members to submit names for appointments to these Boards. Councilman Sikes brought up the subject of the~ power poles at Lift Station No.4. It looks as if there are too many poles there. Councilman Dietz said that the Power Company has neglected to disconnect this. We have called them but they still have not corrected this situation. Councilman Sikes also brought up the subject of a telephone pole in front of a resident's house that had been in danger of falling down. The telephone company put in another pole and tied the old pole to the new one. The house is located on Bigelow Drive. We should do something to have this corrected. Mayor Christy called a 10 minute recess. Mayor Christy called the meeting back to order. RESOLUTIONS None ORDINANCES The City Attorney read Ordinance No. 1016. (first reading) AN ORDINANCE REZONING LOTS 1, 1, and 3, BLOCK 3, RIVEREDGE ACRES FROM B-4 to R-2 AND REZONING LOTS 10, 11, AND 12, BLOCK 2, RIVEREDGE ACRES AND LOTS 20, 21, AND 22, BLOCK 3, RIVEREDGE ACRES FROM B-4 TO B-3: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PRO~IDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Ordinance as recommended by the Zoning Board. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. 4 o 0 The City Attorney read Ordinance 1017. (first reading) AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, REQUIRING THE USE OF A LATERAL SYSTEM FOR SEPTIC TANK DRAIN FIELD SYSTEMS IN ACCORDANCE WITH CHAPTER 10D-6 OF THE FLORIDA ADMINISTRATIVE CODE: REQUIRING THE USE OF SPECIFIED PIPE IN SAID DRAIN FIELD SYSTEM; AUTHORIZING THE BUILDING INSPECTOR TO GRANT VARIANCES FROM THE USE OF THE LATERAL SYSTEM IN HIS.DISCRETION; REQUIRING A BOND OF ALL INDIVIDUALS, PARTNERSHIPS, OR CORPORATIONS EN- GAGED IN THE INSTALLATION OF SEPTIC TANKS AND DRAIN FIELDS IN THE CITY OF EDGEWATER: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Ordinance 1018. (first reading) AN ORDINANCE AMENDING SECTIONS 4-3, 4-4, 4-5, 4-6, AND 4-9 OF CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Dietz voted NO. OLD BUSINESS The City Attorney has corrected the ordinance changing square footage in Florida Shores and the City of Edgewater. The Attorney read Ordinance. No. 1019 (first reading) for Florida Shores only. AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE MINIMUM FLOOR AREA REQUIREMENTS FOR DWELLING UNITS IN THE R-IB, R-2B, AND R-3B ZONING DISTRICTS IN THE CITY OF EDGEWATER: CHANGING ZONING ON CERTAIN LOTS IN THE WEST ONE-HALF OF BLOCKS 215 THROUGH 218 INCLUSIVE, FLORIDA SHORES UNIT 7, FROM R-3 TO B-2: BY CHANGING THE ZONING ON CERTAIN LOTS IN THE EAST ONE-HALF OF BLOCKS 215 THROUGH 218 INCLUSIVE, FLORIDA SHORES UNIT 7, FROM R-3 TO R-4: CHANGING ZONING OF BLOCK 245 OF FLORIDA SHORES FROM R-4 TO B-2: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The Council set August 28th for a Public Hearing on upgrading the square footage in the City. The Planning Board sent a memo to the Council recommending the approval of the 701 Contract for comprehensive planning. Councilman Dietz made a motion that the Council instruct the Mayor and City Clerk to enter into this agreement and sign all the necessary papers. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk told the Council that the negotiator from the PBA has presented the City with contract proposals. She will have copies made for the Council to study. Councilman Sikes made a motion to table this to be presented at a later date. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. 5 o o The City was presented with a deed to a street in the Mockingbird Lane property. Councilman Sikes made a motion that the Council refer this to the City Attorney for his recommendation. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk said that the first Public Hearing Workshop on the budget will be held on August 28, 1978 at 6:00 P.M. Councilman Sikes said that the Council should consider accepting the right of way on Community Drive. The City Attorney will check on this. NEW BUSINESS None MISCELLANEOUS Councilman Sikes asked about the Park and Pier docks. The Mayor has written to the County Manager and will bring this subject up at a later Council meeting when a reply from the County is received. Councilman Sikes made a motion to adjourn. Councilman Dietz seconded the motion. The meeting was adjourned. MINUTES TAKEN BY: Sue Blackwell Nancy Blazi [l &z/~fi Councilman ~ " k e S Councilman ;1&- ~ IkL . ;;)(C l.tS e J ATTEST: ~l<<c l~kV-dl Approved this July, 1978 day of ~~~> Mayor 6 ~