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07-09-1979 - Regular ~ (.> u " II/JoPf(IJ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING July 9, 1979 Mayor 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. Astinq City Attorney Judson Woods City Clerk Richard L. I~eser Police Chief Earl Baugh Det. Rickelman Present Present Excused Present Excused Excused Present Excused Present INVOCATION Rev. Hardin gave the Invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Rotundo made a motion to accept the minutes of the June 25, 1979 Regular Council meeting and the July 3, 1979 Special Council meeting. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. BILLS AND ACCOUNTS Councilman Sikes asked if the bill for $2,030 and $12 had been deducted from the total. These bills were approved on July 3, 1979. Mr. Weser said that they had been deducted. Councilman Sikes made a motion to approve the bills for payment for a total of $6,978.61 as of June 30, 1979. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. Mr. Weser said that he also had two invoices from Briley, Wild for payment to Layne Atlantic. This was for repairs to #2 and #3 pumps. The work has been checked and approved by Mr. DeGroot. Councilman Sikes made a motion that the Briley, Wild Invoices 79-369 and 79-370 Councilman Rotundo seconded the motion. CARRIED 3-0. COMMUNICATIONS Council a~prove payment of for a total of $421.30. Upon roll call the motion -- The City Clerk read a letter from Florida Power and Light informing the Council of the installation of additional street lights. These lights have been removed from Indian River Blvd. and placed in other areas at the request of the Council. This was for Council information only. Mayor Christy said that FPL had notified him that they would recommend placing a light on the corner of Willow Oak and 20th rather than Willow Oak and 19th. There are more houses near 20th street. Councilman Rotundo made a motion that the Council grant this request and approve the light at Willow Oak and 20th. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. , o o The City Clerk read a letter from Donald Testa, Project Manager for Fla. Shores of Volusia County, Magnuson Corp., reguesting that the City Co~hcil vacate a 15' alley located in Block 16 of Florida Shores, Unit #1 for the purpose of constructing a professional complex. Mayor Christy recommended that this request be tabled because it appears that there are other property owners involved. Mr. Weser said that the Council had also received a letter from the City Attorney informing them of the necessary procedure for vacating streets. This will have to be advertised. Councilman Sikes made a motion that the Council TABLE this until the City Attorney can review the request. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from CETA Administration informing the City of a forthcoming performance assessment of the City's CETA employees. This was for Council information only. The City Clerk read a letter from Mr. Ernest Reid requesting reimbursement for a culvert that Mr. Reid claims did not need to be installed. Councilman Sikes made a motion that the Council TABLE this until they;;can get information from Mr. Copeland, Street Dept., on this matter. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from Panthercraft Boat Co., Inc. requesting permission to place a small travel trailer on their property for security reasons. Councilman Sikes made a motion that the Council grant a 90 day temporary permit for a travel trailer on the Panthercraft property. This would give the company time to make more permanent arrangements. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from the Zoning Board requesting Council authorization to purchase books and pamphlets containing zoning and planning information. Councilman Sikes made a motion that the Council authorize the purchase of this research information based on the recommendation of the Zoning Board. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. Mr. Weser said that the money would come from General Fund for books and publications. The City Clerk read a letter from the Zoning Board requesting Council action on the following items: 1. Riveredge Acres - Final Plat Approval. The Zoning Board has approved the final plat for Riveredge Acres provided that improvements are completed or a surety bond is posted. Mr. Weser said that the City Attorney had requested that this be tabled until next week. Councilman Sikes made a motion to TABLE this until July 16, 1979. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. 2 ~ ~ 2. Request that the City Council authorize the City Attorney to investigate the status ~,the F.E.C. May town spur relative to . obtaining acc~~~~ I-3 area north of Park Ave. Councilman Rotundo made a motion that the Council authorize the City Attorney to investigate this according to the Zoning Board recommendation. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. 3. The Zoning Board has approved the final plat of Wildwood Subdivision Unit #1. Council must approve this for recording with the County. Councilman Sikes made a motion that the Council approve the final plat of Wildwood Subdivision Unit #1 per Zoning Board recommendation. Councilman Rotundo seconded the motion. Uoon roll call the motion CARRIED 3-0. ' 4. Request that the Council accept the revised legal descriptions of the official City map and have qualified person add these legal descriptions to the map. Councilman Rotundo made a motion that the Council authorize the City Clerk to check with Dan Cory concerning the cost of updating the City map and report back to the Council. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. 5. Recommendation that the application for zoning change fee be increased from $50 to $100. Councilman Rotundo made a motion that the Council authorize the increase of the zoning change application fee from $50 to $100. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. 6. Recommend that the Council appoint the present Zoning Board members to a three (3) year term. Subsequent appointments would be for one (1), two (2) or three (3) according to the By-Laws. There was a discussion concerning this recommendation. Councilman Sikes made a motion that this recommendation be TABLED until after the next election so that new Council members could make this appointment.' Councilman Rotundo seconded the motion. Mr. Siciliano, Vice-Chairman of the Zoning Board, told the Council that the Zoning Board had made this recommendation because they feel that it is necessary to have senior members on the Board who are well acquainted with zoning laws. It takes new members almost a year or more to learn about zoning matters. Councilman Sikes withdrew his motion. Councilman Rotundo withdrew his second. Councilman Sikes made a motion to TABLE this until next week for the City Attorney to review and advise the Council. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. Councilman Rotundo made a motion that the Council authorize the City Attorney to draw up any necessary resolutions and/or ordinances in regard to Council action on the requests of the Zoning Board. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from the Planning Board stating that the Board does not approve of the applicant (Miss Ainsley) for position of City Planner on the grounds that she is not sufficiently qualified. Councilman Rotundo made a motion to accept the recommendation of the Planning Board concerning\this applicant for the position of ~ity Planner. Councilman Sikes seconded ~he motion. Uoon roll call the motlon CARRIED 3-0. \ . 3 o u The City Clerk read a letter from the Board of Adjustment requesting a statement from the Council in regard to compliance with lawful decisions of the Board of Adjustment specifically as they apply to buffer zones between residential and commercial properties. Councilman Sikes made a motion that the Council notify the Board of Adjustment that it is indeed the intent of the City Council to enforce screening laws. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from the Board of Adjustment requesting the Council grant a 101 rear yard setback to Mr. Mason Ormsby for an extension on his home on Umbrella Tree Dr. Councilman Sikes made a motion that the Council grant this variance and authorize the necessary resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from the Board of Adjustment and Appeals (Building Code Board) recommending that the Council advise the Public Health Officials that it is not their responsibility to advise local contractors where to stub out for septic tanks. The Board has also accepted the suggestion that stub outs can be on the side of the building but that placement of the septic tank should be up to the builders. There was a discussion concerning the original request that the Health Dept. advise builders to put septic tanks in the rear of buildings. Councilman Rotundo made a motion to TABLE this until next week for further information. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. COORDINATORS REPORTS Councilman Rotundo said that he felt the Fire Dept. and the Police Dept.- should be commended on the fine job they did at the annual Fourth of July celebration. Councilman Sikes said that the condition of the road at Riverside Dr. and Hardin was still very bad. Mayor Christy said that he has contacted the County and they have checked this out. The problem is the responsibility of the City because it has to do with areas around the manholes. The City must repair these areas before the road can be resurfaced. City Clerk Richard Weser No report. Mayor Christy requested Council authorization to attend the Mayorls Conference in Kissimmee this coming Oct. 25, 26 and 27. The cost would be $280.00. \ \ \ I Councilman Sikes made a motion that the Council authorize the expenditure of $280. to send Mayor Christy to the convention in Kissimmee on Oct. 26, 27 and 28, 1979. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. Mayor Christy told the Council that he is working with the Marine Patrol to get authorized Federal and State signs posted on the waterway that would reduce the speed of the boats. There is a serious problem with erosion of shore property caused by the wake of speeding boats. Mayor Christy also spoke about new laws of public disclosure of City records. He will give this information to the Council. He also wants some investigation done on the property that James Hatfield has offered to the City. The Area is 501 x 3651 and would be used for a street. He will bring this before the Council at a later date. 4 , . CJ (.,J RESOLUTIONS The City Clerk read Resolution No. 79-R-67. A RESOLUTION APPOINTING PAUL LOEFFLER TO THE EDGEWATER BOARD OF ADJUSTMENT AND APPEALS REPLACING HAROLD BROWN, SR. REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. (The resolution accepting the resignation of Harold Brown, Sr. was not read since resignations are accepted by Council motion.) ORDINANCES The following Ordinances were all second readings. ~ The City Clerk read Ordinance No. 79-0-18. AN ORDINANCE AMENDING SECTION 606.01(b) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING MINIWAREHOUSES AS AN ADDITIONAL PERMITTED USE IN THE B-2 NEIGHBORHOOD BUSINESS ZONING DISTRICT: DEFINING THE TERM MINIWAREHOUSE; RESTRICTING THE SIZE AND PERMITTED USE OF MINIWAREHOUSES; ADDING CERTAIN LANGUAGE TO PROFESSIONAL OFFICES AS A PERMITTED USE IN THE B-2 NEIGHBORHOOD BUSINESS ZONING DISTRICT; 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 3-0. The City Clerk read Ordinance No. 79-0-20. AN ORDINANCE PROHIBITING THE DISPOSAL OF HARMFUL, OBSTRUCTIVE AND OTHER DANGEROUS MATERIALS INCLUDING INDUSTRIAL WASTES AS DEFINED HEREIN; SETTING FORTH STANDARDS FOR DISPOSAL OF INDUSTRIAL WASTE; THE RIGHT OF REFUSAL OF THE CITY TO ACCEPT SUCH DISPOSAL; SETTING FORTH PENALTIES FOR VIOLATION THEREOF; REPEALING ALL RESOLUTIONS OR 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 3-0. The City Clerk read Ordinance No. 79-0-21. AN ORDINANCE AMENDING SECTION 606.00 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CHANGING THE B-1 CENTRAL BUSINESS ZONING DISTRICT TO B-3 HIGHWAY SERVICE DISTRICT; BY ADDING THOSE PERMITTED USES PREVIOUSLY EXISTING IN THE B-1 CENTRAL BUSINESS DISTRICT AS ADDITIONAL PERMITTED USES IN THE B-3 HIGHWAY SERVICE DISTRICT; BY ADDING NEW ADDITIONAL USES IN THE B-3 HIGHWAY SERVICE DISTRICT; DEFINING THE TERMS "FRANCHISE" AND "NEW AUTOMOBILE DEALERS"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read Ordinance No. 79-0-22. AN ORDINANCE CREATING A TRUCK ROUTE IN THE CITY OF EDGEWATER, FLORIDA, EXTENDING THE LENGTH OF MANGO TREE DRIVE FROM PARK AVENUE TO 16TH ST. EAST ON 16TH ST. TO HIBISCUS, SOUTH TO INDIAN RIVER BLVD. (SR442): PRO- VIDING THAT SIGNS SHALL BE PLACED AT APPROPRIATE SPOTS ALONG MANGO TREE DRIVE, 16TH ST. AND HIBISCUS DESIGNATING THE TRUCK ROUTE; DESIGNATING THE INDIVIDUAL RESPONSIBLE FOR THE PLACEMENT OF SAID SIGNS; PROVIDING THAT THE SPEED LIMIT ALONG SAID TRUCK ROUTE SHALL NOT BE IN EXCESS OF THIRTY (30) MILES PER HOUR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 5 . . o Q Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. Mayor Christy requested that copies of this Ordinance be sent to County and State Transportation Officials. OLD BUSINESS Mayor Christy said that due to the difficulty of setting a date for the Workshop on the Budget Amendment, the individual Supervisors will discuss changes to their budgets with the City Clerk for presentation to the Council. The Public Hearing is scheduled for 6:30 P.M. July 16, 1979 at the Edgewater Community Center. AUDIENCE MISCELLANEOUS Mr. Walter Gross, Lake Ave., said, for the record, Brent Millikan is now the City auditor but no one knows how much this is going to cost the City. Mr. Weser said that we presently have a bill from Brent Millikan for approximately $4,000. Mayor Christy has requested a breakdown of this bill but we have not heard from Millikan about this. Mr. Gross said that those charges were for the special audit but the City does not know how much Millikan's regular services will cost. Mr. Gross also asked if the City could find out who is responsible and try to take care of the bug problem in the area of Lake and Alice. He called the Mosquito Control and they said that these bugs are known as MIGS and come from the shell pit in the neighborhood. They suggested calling the County and then the County told him to contact City Hall in Edgewater. Mayor Christy said that he will check into this and inform Mr. Gross. Mrs. Beaulieu spoke to the Council about a noise problem on Wildwood. A resident there plays music in an excessivly loud manner day and night. She has complained before and even gone to court over this but it has not stopped. Mayor Christy requested that she sign a 751 form with the Edgewater Police Dept. He will have the police department check this out. Michael Fredericks called the Council's attention to the side step on the trash truck. This step, in his opinion, was not large enough to provide a safe working area. Mayor Christy said he will check this out and have it corrected. Mrs. Woodard called the Council IS attention to the fact that there appears to be a number of people who are camping out in Florida Shores. The police should investigate this more thoroughly. She also asked about the animal ordinance and if there wasn't some limit on the number of dogs a resident could have at one time. Mayor Christy said that he has been trying to get the new Animal Ordinance passed. This ordinance limits the number of dogs. Any amount over the specific number allowed would be considered a kennel and would have to be licensed and located in a zoning district that allowed kennels. Mrs. Woodard also spoke about the deplorable condition of a home on Mango Tree. Mayor Christy said that the City has contacted the Health Dept. the FmHA and other officials but so far has not been successful in their attempt to have this place cleaned up. 6 - o u A representative of Panthercraft Co. asked for a clarification of the Council ruling on the request for a security trailer. Councilman Sikes said that the Council approved a 90 day permit which could be renewed for another 90 days. However, the company should make more permanent arrangements or possibly get a special exception from the Board of Adjustment to leave the trailer there permanently. NEW BUSINESS The Council considered an application for a Home Occuoationa1 License from Gerald Lee for a roofing business. Mr. Lee was not in the audience. Councilman until next questions. the motion Sikes made a motion that the Council TABLE this application week so that Mr. Lee can be there to answer Counci 11 s Councilman Rotundo seconded the motion. Upon roll call CARRIED 3-0. City Clerk Richard Weser said that since appropriations, according to the Charter, must:\not be ,over-expended and the Council authorizes transfers to be made between items appropriated to the same office or department, he is requesting that the Council consider granting the City Clerk authority to adjust departmental budgets on a month to month basis in order to more easily comply with the Charter requirements. These adjustments would be made with agreement by the department heads so that individual line items are in accordance with the funds appropriated. Councilman Sikes made a motion that the Council authorize the City Attorney to draw up the necessary resolution, based on the Charter, to allow the City Clerk the authority to adjust line items with the department heads. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. Councilman Rotundo made a motion that the meeting be adjourned. Councilman Sikes seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy B1azi ~ ~~~L ,E'YC USk.. Councilman ~. ~ ~T~~~ C f' Y -I e r k ~~- Council %jt ll5 bd Councilman Approved thi s I t---!h. day of July, 1979. ~)i/ Mayor 7