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05-14-1979 - Public Hearing/Regular u Q t:.,~... ,:; ft! 1'1 ~~Ii:~ "'"- jJ~' :1;' ~"'," ;3} ";';'!!'~."",-- '>'U :"fl'" "', ';:'''1 ~lq> t; l'',l ..1'.. hi IfOl~;y~, t; '.? ',V" ,~. ~tf-," CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING May 14, 1979 Mayor Robert H. 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 City Clerk Richard L. Weser Police Chief Earl Baugh Present Present Present Present Present Present Present Present Mayor Christy said that the Public Hearing was being held to consider certain Zoning Changes within the City. No.1. Add Woodworking as a Permitted Use in the 1-1, 2, and 3 Industrial Zones. Building where WoodltJOrking is permitted shall not exceed 10,000 sq.ft. The Council discussed this recommendation from the Zoning Board. There were no comments from the audience. No.2 Change B-1, Central Business District, to B-3, Highway Business District and Add the following Permitted Uses: Beauty Shops and Barber Shops Pool Room Wholesale and Retail Stores Automotive Electrical Repairs Delicatessens Florists Drugstore and Pharmacy Quick Food Shops Offices (General) Cabinet Shops (max. building 5,000 sq. ft.) Printing Shops Labs (Biological, Dental, Medical, not manufacturing) Professional Offices (Medical Dental, Leqal, etc.) Medical and Dental Clinics Garden Supplies & Equipment Hobby Stores Auto Service Center Branch Banks Add Under Special Exception, New Car Dealership. The Council discussed the New Car Dealership, primarily the difference between a franchised dealer and someone who sells different makes of new cars. Councilman Asting said that he would like to recommend that the New Car Dealership be added as a Permitted Use. Also add as a Permitted Use Home Repairs and Improvements. Councilman Sikes recommended adding the definition of the word Franchise into the Ordinance to clarify the new car dealship. No.3 Add miniwarehouses as a Permitted Use in the B-2, Neighborhood Business District. Mayor Christy recessed the Public Hearing in order to call the Regular Meeting to order. Q o CITY COUNCIL REGULAR MEETING May 14, 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. Asting City Attorney Judson Woods City Clerk Richard L. Weser Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION Rev. Canova gave the Invocation. SALUTE TO FLAG Council~a~ l~dbetter made a motion that the Council recess their regular meeting to return to the Public Hearing. Councilman Asting seconded the motion. The Regular Meeting was recessed. Public Hearing continued with the subject of miniwarehouses. It wasde-cjded:r't(~)'iradd professional and general offices including but not limited to doctors, lawyers, realtors, etc. There were no comments from the audience. No.4 Change the zoning of the SeaHorse Mobile Park from B-3 and R-3 to MH-1A except the front 145 ft. which would remain B-3. There was a brief discussion concerning this change. There were no comments from the audience. Councilman Ledbetter made a motion to adjourn the Public Hearing. Councilman Asting seconded the motion. The Public Hearing was adjourned. Mayor Christy called the Regular Meeting back to order. APPROVAL OF MINUTES Councilman Asting made a motion that the Council approve the minutes of the Special Meeting of May 3, 1979 and the Regular Meeting of May 7, 1979. Councilman Rotundo seconded the motion. Upon roll call the May 3rd minutes were approved 4-1 (Mayor Christy voted NO, due to absence) and the May 7th minutes were approved 5-0. BILLS AND ACCOUNTS Councilman Ledbetter made a motion to pay these bills. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. PROCLAMATIONS Mayor Christy read a proclamation concerning Soil Stewardship Week. COMfvlUNICATIONS The City Clerk read a letter from the Indian River Prestressed Concrete Co. concerning girders purchased by the City for $600.00 which were too large to unload when they were delivered to the City and were returned to the company. The City had requested the $600. be returned. The company returned $250. because they deducted out of pocket expense for delivery. Councilman Sikes made a motion to return the check and find some use for the girders we purchased. 2 o Q Motion died for lack of second. Councilman Rotundo made a motion to accept the check and forget about the whole thing. Councilman Ledbetter seconded the motion. Upon roll call motion CARRIED 3-2. Mayor Christy and Councilman Sikes voted NO. The City Clerk read a letter from the City Attorney concerning the monies owed the City by McMahon for damages to a City pumping station. McMahon Co. had answered the letter requesting a meeting with the City Attorney and City representatives. Mr. Woods said that there will be a meeting in his office on Thursday, May 17th at 9:00 a.m. with the City Engineer, the Supervisor of the Wastewater Plant, representatives from McMahon Co. and their lawyer. The City Clerk announced that there have been four resignations from the Planning Board: Mr. Yackel, Mr. Ladhoff, Mr. Grollemund and ~~r. Read. Councilman Ledbetter made a motion that the Council accept these resignations. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting said that thank you letters should be sent to these former members for the work they have done for the City. The City Clerk read a letter from the Zonina Board reqardinq the acceptance of Council recommendations for changes in the Board's By-Laws. Mayor Christy said that there should be two additions. The City should be notified of all Board meetings and given an agenda of these meetings. Councilman Ledbetter made a motion that the Council approve these By-Laws with those additional changes. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Zoning Board recommending that a license be granted to Bobby Freeman for a Painting and Sandblasting business. The business will operate out of a miniwarehouse in the B-2 Zone. Councilman Asting made a motion that the Council table this until after a decision has been made concerning the changes in B-2. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Industrial Development Advisory Board requesting written confirmation that money would be available to match a proposed grant for advertising programs. Mayor Christy said he believed the funds could be available but not until after the budget has been readjusted and the necessary Public Hearings are held. Unfortunately, we have a deadline of June 30, 1979 to meet the conditions of this grant. Councilman Asting made a motion that the Council table this until further ,notice. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo said that he had received a number of complaints concerning the junk around the old hospital. Someone is cleaning out the place and there is a lot of debris around. Councilman Ledbetter made a motion to amend Ordinance 611 to allow the Street Dept. to charge for picking up such items as trees, limbs, stumps, brush, and palm fronds. Councilman Rotundo 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 the necessary ordinance amending 611. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. 3 o v Councilman Ledbetter said that something needed to be done about a certain business in town that was not taking proper care of their garbage. The Police Chief has checked this out and it will be corrected. Also the Chief will check out the junk at the hospital and have the owner take care of that. Councilman Ledbetter asked the Council IS permission to have some paving work done on the Street in front of the Coronado Paint company. There are very bad potholes in that street. The Council agreed this should be corrected. Councilman Ledbetter said that he wanted to nominate Mr. Paul Loeffler and Mr. Joe Troutner as members of the Planning Board. Mr. Weser said that he had been given three names by the Planning Board as possible appointees to the Board. The names were: ~1rs. Sharon Workman Mrs. Mary Perozziello and Mrs. Doris Siciliano. Councilman Ledbetter made a motion that the Council appoint Mr. Loeffler, Mr. Troutman, Mrs. Workman, Mrs. Perozziello and Mrs. Siciliano to the Planning Board. Councilman Asting seconded the motion. Upon roll call ~ the motion CARRIED 5-0. Councilman Sikes No report. Councilman Asting said that the report on the bus service was not very favorable. We are not getting enough people to use the bus service. He will make an evaluation at the end of the three week period and report to the Council. City Attorney Woods asked that Ordinance 79-0-15 be tabled until next week. He said there were a few corrections needed to this ordinance. City Clerk Weser told the Council that the Chevron Corp. has set the City's gasoline allotment at 4,000 gals per month until further notice. This past month the City used almost that amount so it will be necessary for us to be careful about the amount of gasoline the City uses. Mayor Christy said that the Board to add at least two more members. could make some recommendations. Baptist Church would like to hold would like to have the use of the It will be an all day affair. Councilman Ledbetter made a motion that the Council grant them the use of the facilities at the Park and Pier for that day. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. of Governors/Recreation would like He would appreciate it if the Council Also Saturday, June 16th, the a picnic at the Park and Pier and handball courts and the tennis court. Mayor Christy called a 10 minute recess. Meeting called back to order. RESOLUTIONS The City Attorney read Resolution No. 79-R-53. A RESOLUTION AUTHORIZING RICHARD WESER, AS THE NEWLY APPOINTED CITY CLERK, OF THE CITY OF EDGEWATER, FLORIDA, TO HAVE ACCESS TO THE SAFETY DEPOSIT BOX OF THE CITY OF EDGEWATER, FLORIDA, AND TO BE AN AUTHORIZED SIGNATORY ON ALL BANK ACCOUNTS OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion to adopt this Resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney read Ordinance No. 79-0-11 (second 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. _ 4 _ . ' {.) o Councilman Ledbetter made a motion to adopt this Ordinance. Councilman Asting seconded the motion. Councilman Sikes said that the original ordinance was designed to keep the Merit Board out of politics. We should be giving all employees some job security and these changes take that protection away from the department heads. Councilman Asting stated that all employees serve at the pleasure of the Council and any employee can take their grievance directly to the Council. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO. The City Attorney read Ordinance No. 79-0-14 (first reading) AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING THE DEFINITION OF IISTORY" AS DEFINED IN ORDINANCE 880 OF THE CODE OF ORDINANCES 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 Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Ordinance No. 79-0-15 was tabled until next week. OLD BUSINESS Fire Department request for donation for July 4th fireworks. Councilman Sikes made a motion that the Council authorize $1800.00 to be donated to the Fire Department for the July 4th Fireworks. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy asked the Council if they wished to take any action at this time concerning the Zoning Changes discussed at the Public Hearing. Councilman Ledbetter made a motion that the Council authorize the Attorney to draw up an ordinance making Woodworking a Permitted Use in the 1-1, 2, and 3 Zones with the building a max. of 10,000 sq. ft. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion that the Council authorize the Attorney to draw up an ordinance changing B-1 to B-3 and adding the permitted uses recommended by the Zoning Board and the Council. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion that the Council authorize the Attorney to draw up an ordinance making miniwarehouses a Permitted Use in B-2 ___ and allowing Offices, general and professional including but not limited to doctors, lawyers, realtors, etc. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes made a motion that the Council authorize the Attorney to draw up an ordinance changing the zoning of Seahorse Mobile Park from B-3 and R-3 to MH-IA except front 1451 which will remain B-3. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy brought up the subject of two licenses that have been pending subject to these zoning changes. Councilman Ledbetter made a motion to grant a license to Mr. Bosworth for a woodworking shop in an industrial zone. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion to grant a license to Mr. Freeman for his painting and sandblasting business in a miniwarehouse. Mr. Freeman will use the warehouse for storage and office use only. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 5 , . o u Variances for Harris Subdivision The City Clerk read a letter from the City Attorney regarding the granting of a variance for two story homes east of Riverside Drive in R-1A. It is the Attorney.s legal opinion that Ordinance 880 supercedes the Subdivision Ordinance. He added that granting of t his v a ria n c e m i g h t b e con sid ere d a II s p e cia 1 p r i v i 1 e g e II 'I' h i chi s prohibited. Also variances for subdivisions must conform with existing zoning requirements and Ordinance 880 expressly prohibits two story homes east of Riverside Dr. Councilman Rotundo made a motion that the Council qrant Mr. Harris the 301 front setback he requested but deny the variance for two story homes in the subdivision. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-2. Mayor Christy and Councilman Ledbetter voted NO. Mayor Christy reminded the Council that according to the Subdivision Ordinance, developers of subdivisions will have to give to the City either land totaling 5% of the land area of the subdivision or pay the City 5% of the value of the land (before improvements) to be used for recreational purposes. Councilman Sikes said that possibly the Zoning Board should clarify a specific distance from the high water line, east of Riverside Dr. He made a motion that the Council request recommendations from the Zoning Board concerning a specific distance from the high water mark for limiting two story homes rather than just east of Riverside Dr. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Variance for Slaney Subdivision Councilman Ledbetter made a motion that the Council grant the"5. rear setback variance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Warren Subdivision - Street Access Dan Cory, representing Mr. Warren, told the Council that revised drawings had enlarged the turn around requested by the City Engineer and the Zoning Board. Mr. Warren was willing to dedicate a.~ right of way plus a 101 utilities easement. ~S Mr. DeGroot, City Engineer, said that this plan was satisfactory. Councilman Rotundo made a motion that the Counci.l accept the 221 riaht of way and the 101 utilities easement. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting spoke about a contractor who has put up a home and he has called what appears to be the back of the building the front of the building. Charles Murphy, Building Official, said that the builder has access to a dedicated street. Mayor Christy suggested that the City Attorney check into this and report back to the Council. Highland Shores Mr. Woods said that the research is not yet completed on this area. Speed Limits in Florida Shores Mr. Woods said that we have received notification that the DOT must investigate the area to determine if a speed change is warranted. Chief Baugh said that if the DOT made an investigation it could raise the speed limit if they thought that was necessary. Also, the City would have to pay for the cost of an investigation. Councilman Ledbetter said that if the State is going to set speed limits on our streets then they should pave our streets too. 6 .' I. Q Q # \ ' ~ Councilman Asting made a motion that the Council table this for further study. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. May 15th Workshop Councilman Asting said that he would like to add a discussion about the qualifications of a City Planner to the Council Workshop on May 15th. AUDIENCE MISCELLANEOUS Jacob Lodico, Riverside Dr., said that the Highland Shores property that was deeded to the City has already been well researched by former city attorneys. The City should request that it be proven that we do not own that property rather than our having to prove that we do. Mrs. Irene Mackie, S. Riverside Dr., spoke to the Council about the poor condition of sections of Riverside Dr. She understood that the County had turned this road over to the City. Mayor Christy said that the City had requested that repairs be made to Riverside Dr. before we accept the responsibility for this road. NEW BUSINESS Mayor Christy announced that the Holiday Trash Pickup would be as follows: Monday pickup will be on Tuesday and Tuesday pickup will be on Wednesday. The rest of the week will remain the same. The City will have its annual Spring Cleanup the week of May 21, 1979. Councilman Ledbetter made a motion to adjourn the meeting. Councilman Asting seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ~:fA. ~ ~ C i t~4--"--<-'" -ILu~'; Councilman ~7thtJ .' ATTEST: Approved thi s ..1 / ;tday of ~1ay, 19~79'/~~~ '- ~..-,' ,/ ~~__-"--= ,- /" , -.0 Mayor 7