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02-12-1979 - Regular ~ u CITY OF EDGEWATER Ii~ ff) a ' ., ./. .~ ,,) /fh. ,0 . ,,1h "".;;..1/';>:;>, 1.'1 N.;;.':It?\~ .~i/ /, !oJ ~ --<&." ~t;/~l fC~ jf'<C'. ~r). . ~.~ /-1/1 j./! ~'. ~ /.:1 I"'!j t? ,. ..:.J' /',1.,,' ~a ......... ~.. $' ~~.:; C::r ,~ CITY COUNCIL REGULAR MEETING February 12, 1979 Mayor Robert H. Christy called the Regular Meeting of the City Council to order at 7:00 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 City Clerk John Wharton Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION There was a silent invocation. t- SALUTE.TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion that the Council approve the minutes of February 5, 1979 Regular Council Meeting and February 8, 1979 Special Council Meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Asting made a motion that the Council approve the bills for payment. Councilman Sikes seconded the motion. Councilman Sikes questioned the two bills from Magnolia Motors. Mayor Christy said that these bills were for repairs to the garbage trucks. Upon roll call the motion to approve the bills for payment CARRIED 5-0. PROCLAMATIONS Mayor Christy read a Proclamation proclaiming March 11 through March 17, 1979 as National Kelly Girl Week. Mayor Christy read a Proclamation proclaiming February 24, 1979 as Special Olympics Day. PELICAN COVE Mr. Woods said that he had asked this subject to be placed on the agenda because he had missed the meeting Friday, Feb. 9, 1979 with Mayor Christy, Councilman Asting, Mr. Murphy (Building Inspector) Mr. Carder (Developer of Pelican Cove), Mr. Champion (Attorney for Belmont Homes, Pelican Cove) and Mr. Hamel. He believes the problem is in the language of R-4 Multi Family Zone. He asked Mr. Murphy to explain to the Council what transpired at the meeting. Mr. Murphy: Belmont Homes came in for five permits. Two of them were alright but the other three did not meet the criteria. The ordinance that describes multi-family states it is any dwelling over two family units. The duplexes did not cause too much of a problem in meeting the requirements. There is one duplex that is a very large one and the lots are only 80ft. deep. There is plenty of front footage but in the depth they wouldn't fit in with the setbacks that we require. In the multi-family ordinance the question is what is the setback. The language, in the multi-family, on what the setback is mentions project lines. The definition of a project line is not in the book. Generally speaking, a project like Pelican Cove has an outside - ~ Q o perimeter that is the project line. Mr. Murphy added that he did not feel that the intent of the ordinance meant the outside boundary lines but it is not in the wording of the ordinance. Mr. Woods said that under the R-4 Zoning Classifications it states the dimensional requirements that are to be used to regulate multi- family dwellings in the R-4 multi-family residential districts. The minimum project site shall include no less than 20,000 sq. ft. of contiguous land area and it shalJ~have front and rear yard located no closer than 25 ft. to any front or rear project boundary line. That is the key word.. The developers of Pelican Cove say that they won't put it any closer than the 25 ft. rear yards but that doesn't prohibit them from building just about anything they want on the other lots Mr. Murphy said that he believes one of the misconceptions that has been brought up all through the hearings on this project was the mention of zero lot lines. In other words it would be another type like Fairgreen but our ordinances weren't changed to be like Fairgreen. If he issued permits, he would be doing something wrong. Mr. Woods said that we approved the plat showing the various lots but now apparently they can't comply with the setback requirements of the plat that they submitted to the City. Mr. Murphy said that the five models they brought in are exceptionally large, almost twice as large as the square footage we require. The lots are wide enough but there are at least three blocks that do not have enough depth to take care of these homes. Mr. Woods asked Mr. Murphy if he felt the intent of the R-4 was to maintain front and read yards? Mr. Murphy said that he drew up the ordinance. mistakenly used for lot refer to lot lines. is certain that was the intent when they He believes that the word project was line. In other parts of the ordinance they Mr. Siciliano, Zoning Board, said that the developers of Pelican Cove had showed the Zoning Board a plan but it wasn't specific because they claimed, at the time, that they would build as the customers required them to but they did show us zero lot lines which means two buildings together with a common wall. They were not specific on the size of the homes. Representatives of Belmont Homes (Pelican Cove) arrived at the meeting. Mr. Champion, Attorney for Belmont Homes, spoke to the Council. He said that he had discussed this matter with one or two of the Council members, the Building Official, the Mayor, and Mr. Woods. He said that he was sure they were all aware of the fact that the zero lot line is used in municipalities allover Florida and the country. People that move into projects of this nature are of high class, high income levels. They are not thrown together as if they were in a condominium or mobile home project. The income into the City coffers will increase substantially. They are asking the Council to make a decision tonight one way or another on this problem. He felt that the fact there may be a problem to the rear of a particular area as far as setbacks is minor in nature and if 'you waive these setbacks in one instance you would not have to do it in another instance. Mr. Carder also spoke to the Council and showed them on a map where the problem exists in the Pelican Cove subdivision. The developers of Pelican Cove are requesting that the Council waive the setback requirements. Mr. Woods said that he still felt that the intent of our R-4 ordinance was to require some front and rear yard spaces. procedurally, the Building Inspector will have and if the developers of Pelican Cove feel the equitable to them they can appeal to the Board variance from the requirements of R-4 zoning. If we are going to make the decision decision is not of Adjustments for a 2 o Q Th'ere was more discussion concerning the proposed location of the buildings and the setback lines. Mr. Carder said that on Blocks B, C, and D the lots are only 80 ft. in depth. Mr. Champion said that their request was more in the nature of a waiver of the zoning as it affects these few lots. Mr. Woods said that when the developers submitted their plat and the City accepted it, the City assumed that they would be able to comply with the R-4 zoning criteria. Mr. Carder asked the City Attorney to define what project boundaries are? Mr. Woods said that would have to be a decision of Mr. Murphy. Mayor Christy called a brief recess while the lawyers conferred. Meeting called back to order. Councilman Ledbetter made a motion that the Council table this and turn it over to Mr. Murphy for a decision on issuing building permits. Councilman Sikes seconded the motion. There was further discussion. Mr. Cameron told the Council that he objected to Mr. Champion's reference to mobile home parks. Mr. Siciliano asked the City Attorney if the developers change their plan would they have to resubmit it to the Zoning Board? Mr. Woods said they submitted the plat. The Zoning Board approved the plat plan. They may have to adjust their buildings to conform to the lot lines. Upon roll call the motion to table and turn this over to Mr. Murphy CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from the Department of Natural Resources concerning the application for a grant to develop the area known as Menard Beach in Edgewater. Representatives will come down to Edgewater to inspect the area. This was for Council information only. The City Clerk read a letter from the Volusia County Manager informing the Council of the annual County report. Copies of this report are available to the public and they may obtain these copies in the Public Library. This was for Council information. The City Clerk read a letter from Floyd Enterprises concerning an extremely large water bill they had received at the Funland Drive-in. There had been some faulty plumbing in one of the restrooms and the water ran continuously for several days. The average water bill for the Dr.ive-in has been about $16.00 per month. The bill they had recently received was for $343.00. The company was asking the Council for some relief from this high bill. Mr. Paul Simmons, Floyd Enterprises Vice President, spoke to the Council. He admitted that the manager of the theatre had been negligent in not having the plumbing fixed immediately. He did hope, however, that the Council might waive part of this bill. Councilman Sikes said that the Council could not waive the water bill but they might be able to waive the sewer bill which is 100% of the water bill. He made a motion that the Council waive the sewer bill over and above the normal charge for the past three months. The motion died for lack of a second. Councilman Asting said that he felt they should be held responsible for the entire bill. 3 o o Councilman Ledbetter made a so that the Council can get problem. Councilman Asting the motion CARRIED 5-0. motion to table this until next week more information concerning this seconded the motion. Upon roll call The City Clerk read a letter from Bruce Bline concerning the need for a street light on Virginia Street in the center of the block. There was a discussion about the replacement of lights removed from Indian River Blvd. Councilman Asting said that Virginia St. had not been on the list. Councilman Ledbetter said that he believed they really needed a light in this area. Councilman Asting said that this will be noted on the list of areas needing lights and he will that this is given early consideration. There was no further action taken at this time. The City Clerk read a letter from Richard Diamond concerning his resignation from the position of City Planner. Mr. Diamond will take a position in a private company. The resignation will be effective two weeks from Feb. 12, 1979. Councilman Ledbetter made a motion that the Council accept this resignation. Councilman Asting seconded the motion. Councilman Asting said that Mr. Diamond had indicated that he could be available to help the City on a part time basis and would consider working for $5.00 an hour possibly two days a week. Upon roll call the motio~ to accept the resignation CARRIED 5-0. Councilman Sikes made a motion that the Council authorize the Mayor to talk to Mr. Diamond concerning possible arrangements that might be made for Mr. Diamond to work for the City on a part time basis. The Mayor will report back to the Council. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo did not have a report. Councilman Ledbetter told the Council that the light should be put back at Pine Tree and 19th. Mayor Christy said that he had already planned to contact Florida Power and Light concerning this matter. Councilman Ledbetter made a motion that the Council waive the perfor- mance bond for the contractor that is paving Mockingbird Lane. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion that the Council approve the purchase of sod to hold the sides of the culverts on the truck route. Council- man Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes did not have a report. Councilman Asting gave a copy of the contract with Liquid Carbonic to the City Attorney for his approval. He informed the Council that a change order for the wiring for the recarbonation unit had already been given to Briley, Wild. There are still problems with the sewer lines on Riverside Drive. It will be necessary to get a rooter to clear out the lines. Councilman Sikes suggested that they contact Port Orange. They have a camera device that sees into the lines and this might be a big help. Councilman Asting told the Council that the temporary line along Canal St. to Pearl will have to be changed. The City cannot get an easement from Mr. Finck. The best solution is to run the line down Cheeta to Old County Rd. to the manhole. Temporary lines will be removed from 4 o o the Finck and Hatfield properties. Councilman Asting made a motion that the Council approve the purchase of a truck for the Water Deoartment from the County. Councilman Ledbetter seconded the motion. Councilman Sikes said that the Council needed to have the City Clerk certify that funds were available in Fund 40. Councilman Asting withdrew his motion. Councilman Ledbetter withdrew his second. Councilman Asting made a motion to instruct the City Clerk to certify that we have the proper funds to purchase the truck from the County for $6500.00. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Wharton requested Council approval for bills from Layne Atlantic and Briley, Wild for Phase II. The bills total $29,136.16. Councilman Rotundo made a motion that the Council approve these bills and send them to Farmer's Home for their approval. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called the Council's attention to the MPO meeting. He said he is still trying to get Edgewater appointed as a representative to the MPO. He also asked the Council/Coordinators to furnish him with names of personnel who will take the First Aid Course. RESOLUTIONS None. ORDINANCE Mayor Christy said that due to the length of the subdivision ordinance, it would be read at the end of the business part of the meeting. OLD BUSINESS Mr. Wharton recommended that the Pass Book Account be put in the Southeast Bank. Councilman Rotundo made a motion that the Council accept the City Clerk's recommendation and authorize the Pass Book Account be placed in Southeast Bank. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes, at his request, voted last on this motion. He stated that due to his connection with Southeast Bank, he would vote as the majority of the Council voted. The City Clerk read a letter from Brent Millikan, CPA, concerning the request of the City Council to audit the W/WW revenue and operating fund purchases, in excess of $2,000.00 and the W/WW revenue and operating fund's accounts payable from Oct. 1, 1977 to September 30, 1978. The letter also stated hourly rates for the services of Mr. Millikan and his staff. Councilman Asting made a motion that the Council authorize the Mayor to sign this letter, as requested by Mr. Millikan, as authorization to do this work. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO. Councilman Sikes made a motion that the Council authorize the extension of this audit to at least January 31, 1979. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. MISCELLANEOUS Mr. Witsig spoke to the Council and said that it was difficult for the audience to hear everything that was being read by the City Clerk and Council members. He suggested that the City use a slide projector so that letters and documents that were read at Council meetings could be shown on a screen for the audience to read. 5 <J u NEW BUSINESS CETA Summer Program. Mayor Christy said that he had been advised that this program would require a supervisor to handle the extra employees. It could become extremely involved and it might not be a good project for the City to get into at this time. Councilman Ledbetter made a motion to table this indefinitely. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney read Ordinance No. 79-0-7. AN ORDINANCE ESTABLISHING PROCEDURES AND STANDARDS FOR THE SUBDIVISION AND DEVELOPMENT OF LAND AND FOR THE SURVEYING AND PLATTING THEREOF; DEFINING CERTAIN TERMS USED HEREIN; PRESCRIBING STANDARDS OF IMPROVE- MENTS TO BE INSTALLED BY THE DEVELOPER; ESTABLISHING PROCEDURES FOR PRELIMINARY AND FINAL APPROVAL OF PLATS; PROVIDING FOR MODIFICATIONS AND EXCEPTIONS TO THESE REGULATIONS; PROVIDING FOR THE METHOD OF ADMINISTRATION AND AMENDMENT; ESTABLISHING PENALTIES FOR VIOLATION; AND PROVIDING AN EFFECTIVE DATE. This ordinance was read in its entirety. Councilman Sikes made a motion that the Council adopt this ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The ordinance will be advertised for a second reading. Councilman Ledbetter made a motion that the No Smoking signs be removed from the Community Center during Council meetings. Council- man Asting seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Rotundo and Councilman Sikes voted NO. Councilman Rotundo made a motion that the meeting be adjourned. Councilman Ledbetter seconded the motion. The meeting was adjourned at 11:00 P.~1. Minutes submitted by: Nancy Blazi Councilma .~ Councilm~ '. . 7' ~, f/ ~ t r" ~, U ye~. ~ ATTEST: ~r~ Approved this /9 day of Febr:: ~979~ '~~~Af~ o. J Mayor 6