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04-16-1979 - Public Hearing/Regular u u .~f'>.. ...... ':""!J f!r;)-:'';~. \~ "t~ ."7 ~,J ~r.: '". ...:.:,.::.... 'l "f t-,,; ,{. li ,fF~' Ii 0"/ '~;..,..ri!J. t{.1I CITY OF EDGEWATER PUBLIC HEARING April 16, 1979 Mayor Christy called the Public Hearing to order at 6:30 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Asting City Attorney Judson Woods Deputy City Clerk Cornelia Kinsey Police Chief Earl Baugh Present Present Present Present Present Present Present Present The Public Hearing was held for the purpose of considering the Zoning Board recommendation to rezone RR-PUD (Caldwell property) to R-l. The following events preceded this Public Hearing: The City Council passed :Ordilnante Nd,:7,68 ort .August;,7-, 1.1197'c'wHich approved the rezoning of the Mike Caldwell property from residential to Resort-Residential Planned Unit Development. This ordinance was authorized as a result of a Public Hearing held by the Zoning Board on July 25, 1972. The Zoning Board had recommended that the City Council rezone this property to RR-PUD. When Ordinance 880 was adopted, this property remained RR-PUD.(1974). On March 5, 1975, Mike Caldwell wrote to the City requesting an extension of the zoning on this property, as required by 880. No development had been done on this property ur to this time. Mr. Caldwell IS reason for requesting the extension was the economical problems of builders and developers at that time. On March 7, 1975, Mr. Dale Bryant, City Manager of the City of Edgewater, wrote to Mr. Caldwell stating that the property had been zoned PUD on July 1, 1974 when the entire City of Edgewater was rezoned. The letter further stated that Mr. Caldwell did not need to apply for an extension on the zoning of PUD because the Attorney General had issued an opinion that conditional zoning was illegal but that the zoning of the PUD property was no longer conditional since it was zoned into the 880 Ord. Mr. Caldwell was notified by the City of Edgewater on January 11, 1979, that due to a recent request for development approval for the RR-PUD property, the City has learned that the RR-PUD classification has expired according to the reverter in the 880 Ord. There has been no development of the property. The City Attorney advised the Zoning Board that the property must return to a zoning classification other than RR-PUD before any new requests for development approval can be considered. The Zoning Board held a Public Hearing on February 20, 1979, to rezone the property to R-l. On March 8, 1979 the Zoning Board wrote to the City Council recommending this zoning change. Mr. Caldwell was not present at the beginning of the meeting. Mayor Christy said that Mr. Caldwell had been notified by certified letter that a Public Hearing would be held on this date. J There was a court reporter present who said that she had been contacted by Mr. Godbee, Attorney for Mr. Caldwell, who had told her that he would meet her at the Public Hearing. Mr. Woods said that he had talked to Mr. Godbee and assumed that both he and Mr. Caldwell would be present at this Public Hearing. Mayor Christy asked Mr. James Mackie, Chairman of the Zoning Board, to speak to the Council concerning the Public Hearing that the Zoning Board held on rezoning the PUD property. Mr. Mackie said that at the Zoning Board Public Hearing, there was a large audience, primarily residents from the Silver Ridge area, who were opposed to the multi-family condominiums planned for the PUD. u u The Zoning Board has not seen any detailed plans of the proposed development of this property. There has been no attemrt made to develop this property. Mr. Diamond did have an old sketch map for development of that property. He does not believe that a full plat plan has ever been submitted on the development of this property. Mr. Caldwell and Mr. Godbee arrived at the meeting. Mr. Godbee spoke to the Council and said that he represented Mr. Caldwell, owner of approximately 26~ acres that is presently under consideration for rezoning. They object to the rezoning to the single family R-1. Mr. Caldwell originally purchased the property in 1972 with two other partners. Since that time, Mr. Caldwell has bought out the other partners and is now the sole owner. He has a great deal of money tied up in this property and some excellent plans for developing the property. Mr. Caldwell has always cooperated with the City in every way possible. The residents of Silver Ridge seem to be concerned that this is a HUD project but that is not true. The development of this area would mean more taxes for the City and the Council should consider the benefits to the entire city. Mr. Caldwell spoke to the Council about his interest in developing this property and that he plans only to upgrade the area. Mayor Christy recessed the Public Hearing in order to call the regular Council Meeting to order. CITY OF EDGEWATER REGULAR COUNCIL MEETING April 16, 1979 Mayor Christy called the regular meeting of the City Council to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Asting City Attorney Judson Woods Deputy City Clerk Cornelia Kinsey Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION There was a silent invocation. SALUTE TO FLAG Mayor Christy recessed the regular meeting to return to the Public Hearing. The discussion on the rezoning continued. Members of the audience who were residents of the Silver Ridge area spoke in opposition to the PUD. Mr. Cochrane, Mr. and Mrs. Garthwaite, Mr. Troian, and mr; Jones all spoke in favor of the R-1 zoning of this area. Councilman Rotundo made a motion to adjourn the Public Hearing. Councilman Ledbetter seconded the motion. The Public Hearing was adjourned. APPROVAL OF MINUTES Councilman Ledbetter made a motion that the Council approve the minutes of April 4, 1979 Special Meeting and April 9, 1979 Regular Council Meeting. Councilman Rotundo seconded the motion. Upon roll call the minutes of April 4, 1979 were approved 3-2. Councilman Sikes and Councilman Asting voted NO (due to absence). The minutes of April 9, 1979 were approved 5-0. .~ 2 , . ' Q u BILLS AND ACCOUNTS Councilman Asting made a motion to pay the bills. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy asked the Council if they wished to take any action on the Public Hearing. Councilman Ledbetter made a motion that the Council accept the Zoning Board recommendation and rezone the RR-PUD (Caldwell property) to R-1. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion that the Council authorize the City Attorney to draw up an ordinance changing the zoning from PUD to R-1. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy read two PROCLAMATIONS. One for Cystic Fibrosis Day, May 28, 1979 and one for the Edgewater Indian River Stamp Club. COMMUNICATIONS The Deputy City Clerk read a thank you letter from Mr. and Mrs. Sparling for the fine work the Street Dept. had done. The Deputy City Clerk read a letter from VCOG stating that the subject of a Volusia County recreational-cultural complex would be placed on the agenda of the next meeting. The Deputy City Clerk read a letter from Mr. William Kay, tendering his resignation from the Merit Board. Councilman Ledbetter made a motion that the Council accept this resignation. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from the Municipal Code Corp. requesting approval of the City Code manual. Mr. Woods said that there were still a few things that needed checking on and he would report back to the Council. This will be tabled until next week. The Deputy City Clerk read a letter from the Planning Board requesting that action be taken on an extension of the Comprehensive Plan time, an interlocal agreement be established between the City and the County, that the Council members appointed as CAC members should attend the meetings and calling attention to the lack of communication between the City and the Boards. Mayor Christy said that a letter had been sent for an extension. The City Attorney is working on an interlocal agreement. Councilman Rotundo said that he had attended these CAC meetings and had been ridiculed by Mr. Schilling. He will no longer attend. Councilman Sikes said that he had not been able to attend the CAC meetings but that he would try very hard to attend the meetings from now on. He also said that arrangements have been made to have material delivered to the Chairman of the Boards each Friday afternoon. This should help improve the communication problem. Councilman Ledbetter said that he was upset by the Planning Board state- ment that they will all resign if some of these things are not taken care of by April 25th. If they wish to resign, they should do so. Councilman Asting said that maybe the Planning Board and the Zoning Board should be combined. Mayor Christy said that this had not worked out well in the past and they should be left as they are. 3 . I Q o ~ ~ COORDINATORS REPORTS Councilman Rotundo had no report. Councilman Ledbetter said that the Street Dept. needed a bush hog for the tractor to cut the grass in Florida Shores. He made a motion that the Council authorize the purchase of the bush hog. Councilman Asting seconded the motion. There was a discussion about funds to pay for this. Mayor Christy said that perhaps they could purchase this with funds from the Park and Pier Dept. and the St. Dept. could cut the grass in the parks. Councilman Ledbetter said that this would be a good idea, the St. Dept. will mow parks in return for the use of this piece of machinery. Upon roll call the motion to purchase the bush hog CARRIED 5-0. Councilman Ledbetter said that they were having some problems in regard to large piles of trash that the residents expected the St. Dept. to pick up. We should charge them for this because it usually means an extra trip. We are not equipped for these large pickups on the daily runs. He would appreciate recommendations from other Council members on methods for handling this problem. Mayor Christy said that he would see that the Council received copies of all garbage and trash ordinances so that they can study them and make recommendations. . Councilman Sikes said that there is a for sale sign on property that belongs to the City on the East side of Riverside Dr. This sign should be removed. There was discussion about this property. Mr. John Gross said that he had a deed to this property, it did not belong to the City. Councilman Sikes said that Highland Shores was deeded and subdivided and some land east of Riverside Dr. belongs to the City. He made a motion that the Council refer this to the City Attorney to research and report back next week. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Woods suggested that the City wait until he can research the owner of the property before the City removes the sign. Councilman Asting told the Council that the new water plant is in operation. We should notice a difference in the quality of the water. The recarbonation unit is not yet operable, the truck strike held up delivery of some of the parts. Councilman Asting read a list of the current status of personnel in the Water Department, including the licensed operators and the personnel taking courses to get licenses. Councilman Asting said that the Merit Board is scheduled to meet on April .18 but since they will not have a full board he suggested the Council recommend that an organizational meeting of the Merit Board be held after the new members are appointed possibly on April 24 or 26. Councilman Asting said that he has received numerous requests from residents of Florida Shores requesting that the speed limit be changed on north and south roads to 25 mph. He made a motion that the Council authorize that the speed limit on north-south roads in Florida Shores be set at 25 mph and strictly enforced. Councilman Ledbetter seconded the motion. There was a discussion about the cost of signs and where they should be placed. Councilman Sikes suggested that they amend the proposed ordinance to require the use of the truck route. Mayor Christy called for a roll call on Mr. Asting's motion, only. Upon roll call the motion CARRIED 5-0. 4 o o Councilman Sikes made a motion to add the truck route to the speedina ordinance. The truck route must be used. . v Chief Baugh.said that he would like time to research this and make recom~endatl~ns to.the Council on the use of the truck route. Councllman Slkes wlthdrew his motion. Mr. Wal~e~ Gross said that he f~lt this was discriminatory and that speed llmlts should be changed ln residential areas allover the city. Councilman Asting said that the problem in Florida Shores was because of the dust. He doesn1t care if they change it allover the City. he is concerned with Florida Shores. Mrs. Mackie asked about the money to pay for these additional signs. Mayor Christy said that they could change some of the present signs and probably post signs at the various entrances to Florida Shores. Mr. Woods said that he has been asked to check into various ordinances prohibiting topless dancers. The Court has upheld an ordinance in Lee County prohibiting topless dancers where alcoholic beverages are sold. He would like the Council to c~nsider this and let him know if they wish to pass a similar ordinance. If they wish to do this it should be done before any business of this kind opens up in Edgewater. Deputy City Clerk no report. Mayor Christy said that they should have someone working on the tennis courts soon. Councilman Sikes said that Brent Millikan. CPA, have made certain requests for information, about three months after we originally authorized a separate audit of the W/WW funds. He made a motion that we revoke any previous contractual agreement with Millikan for an audit and pay any cost for services up to this point. This is an additional expense that the City does not need to have. There was no second. Motion died for lack of second. RESOLUTIONS The City Attorney read Resolution No. 79-R-44. A RESOLUTION PROVIDING FOR AN INCREASE IN SALARY FOR EARL BAUGH, CHIEF OF POLICE, CITY OF EDGEWATER, FLORIDA; SETTING FORTH HIS INCREASE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney read Ordinance No. 79-0-9 (second reading) AN ORDINANCE AMENDING SECTION 1302.5 (g) (1) PERTAINING TO THE FLOOR HEIGHT OF BUILDINGS CONSTRUCTED WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Ordinance. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Ordinance No. 79-0-11 (first reading) AN ORDINANCE AMENDING SECTIONS 2, 3, 4, 5, 6, AND 7 OF ORDINANCE 874 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, AND PROVIDING FOR THE DELETION OF THE TERM PERSONNEL OFFICER AND SUBSTITUTING THEREFORE THE TERM PERSONNEL OFFICIAL IN SAID ORDINANCE REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. 5 . u u Councilman Asting made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. . Councilman Sikes said that at the Workshop Meeting on March 27th, he did not have a copy of Ord. 874. Mr. Asting read'over proposed changes. He asked to be given a copy of the proposed changes so that he could study them and make some recommendations. He asked the Council members if they had received copies of the prorosed changes? Councilman Rotundo said that he had not received a copy but that he made notes at the meeting. Councilman Ledbetter said that he was satisfied with the changes as they were presented. Councilman Sikes also asked if the existing Merit Board had received copies so that they could look it over and make recommendations? Councilman Asting said that they were present at the Workshop meeting. Councilman Sikes said that no one has had the opportunity to study these changes. Councilman Asting said that when this was brouqht UP at a Council meeting, Mr. Sikes voted for the amendments. - . Councilman Sikes said that he did not vote for them because he was absent from that meeting. These changes were quite lengthy and he does not feel he can vote on them without further study. The Merit Board should also have a chance to study this. Mr. Walter Gross, member of the Merit Board, asked if these changes were made to cover up injustices in the past? Mr. Woods said that the Council had authorized these changes and he just does the legal work. Mr. Gross is asking a policy question and as the attorney he does not set policy. Mr. Gross said that the Merit Board has been presented with a grievance. Would this grievance be resolved under the old Merit Ordinance or the new one? Councilman Asting said that there have been no changes to the grievance procedure. Upon roll call the motion to adopt CARRIED 4:"'1. Councilman Sikes voted NO. OLD BUSINESS Councilman Ledbetter made a motion that the Council appoint Mr. Alan Crowder, Mr. Vic Vandergrifft and Mrs. Anna Klekan to the Merit Board. Councilman Asting seconded 'the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to authorize the City Attorney to draw up the necessary resolution to appoint these new members, some of which will serve unexpired terms of previous members. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Council discussed people to serve on the Industrial Board. Councilman Ledbetter made a motion to appoint the following people to the Industrial Advisory Board: Mr. John C. Gross r~r. Harold Brown Mr. Sebastian Siciliano Mr. Thomas Kane Mr. Paul Loeffl er Mr. Robert Witsig Mr. Harry Bassett Mrs. Irene L. Mackie Mr. William Glaser Mrs. Jean Brown The City Attorney is authorized to draw up the necessary resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo suggested that this board hold a meeting on April 26th. 6 , . . u o . Applications for City Clerk and City Planner. Councilman Asting made a motion that this be tabled until next week. Councilman Ledbetter seconded the motion. Councilman Sikes said that each Councilman should give the Deputy City Clerk three more names so that she can set un interviews. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS None NEW BUSINESS None Councilman Ledbetter said that the street light st~ll has not been replaced at Pine Tree and 19th. Mayor Christy said that he will check with Florida Power and Light. Councilman Ledbetter asked to be excused from next Monday night's meeting. He also asked the Council to give serious consideration to going back to the old regulations and holding meetings every other Monday night. Mr. Woods said that he favors this because it is difficult to handle all the ordinances, resolutions, researching, etc. that the Council authorizes each week. This will be discussed at the First Meeting in May. (May 7, 1979). Councilman Rotundo made a motion to adjourn. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ~. ~~ ~~ ATTEST: n C..~ :K. ) t:....~-r' cou~~ Counci ma~ counJ:frt::t r::.L ~~ ~ J Deputy City Cler (7 Approved this ~3eQday of April, 1979. Mayor 7 ~ 1~