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04-14-1980 - Public Hearing/Regular , , u (J CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING April 14, 1980 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 William B. Glaser Councilman Neil J. Asting City Attorney Judson Woods, Jr. City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present Mayor Christy said that the Public Hearing was being held for the purpose of considering the following proposed changes to the Zoning Ordinance: ~. Zoning 3 parcels of land presently known as Edgewater School, Edgewater Cemetery and Church. The proposed zoning for these parcels is R-4 with Public School, Cemetery and Church as a Special Exception under R-4. There were no questions or comments from either the Councilor the audience on this proposed change. y 2. Allow two story homes to be built on the East side of Riverside Drive (R-1A). Mr. Tuttle spoke in opposition to this proposal. Mr. Grazide told the Council that he could not see why they did not allow two story homes as long as they maintained the 221 height requirement. It should not make any difference how many stories as long as the height was the same. Mr. Williams agreed that if the Council did not change the present height requirement, it should not make any difference if a house was one or two stories. Mr. Millard told the Council that he believed there was a larger issue here than just one parcel of land. Riverside Dr. is the most attractive area in Edgewater and we should try to keep it that way. He had no objections to two story homes in certain parts of Riverside Dr. but he felt the Council should make two story homes a special exception rather than allow them in the entire R-IA zoning district. Mr. Siciliano spoke in favor of the two story homes. He added that the Zoning Board's original recommendation had been for two story homes where the property did not abut Riverside Dr. Mr. Harris also agreed with the two story homes if the height did not exceed 221. Councilman Rotundo and Councilman Ledbetter had no questions on this proposed change. Councilman Glaser said that he agreed with Mr. Millard that the Council should make this a Special Exception under R-1A. Councilman Asting said that if the Council stays within the 22' height limit it should not make any difference if the house is one or two stories. ~ u There was more discussion between the Council and the audience. The consensus of opinion was that two story homes would be acceptable if the 221 height was maintained. Councilman Asting made a motion that the Council adjourn the Public Hearing. Councilman Rotundo seconded the motion. The Public Hearing was adjourned. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING April 14, 1980 1B 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 William B. Glaser Councilman Neil J. Asting City Attorney Judson Woods, Jr. City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION The invocation was given by Rev. Harold. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion that the Council approve the minutes of the regular Council meeting of April 7, 1980. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS The City Clerk requested that the Council approve two additional bills. One to Joyner Corp. for $2,406.33. This was for work done for the sewer plant. He also requested that the Council approve a bill for Searls Roebuck for tools for the Water Dept., in the amount of $368.05. Councilman Rotundo made a motion that the Council approve the bills, including the additional bills, for payment. Councilman Asting seconded the motion. Councilman Ledbetter questioned a bill from Game Time. This was for the backstop for the baseball field. Councilman Asting questioned a bill from Case Power Co. This was for the Street Dept. repair on equipment. Upon roll call the motion to pay the bills CARRIED 5-0. PRESENTATION Mr. Vic Vandergrifft, President of the Edgewater PTA thanked the Council for the successful Student Government Program. He presented Certificates of Merit to the Mayor and Councilmen, the City Attorney, the Police Chief, the City Clerk, the Deputy City Clerk, the City Planner and a Deputy Clerk for all the work they had done to help make this program such a success. 2 o ~ COMMUNICATIONS The City Clerk read a letter from the State Dept. of Transportation concerning the installationof certain traffic lights in Edgewater. The DOT stated that there were no current funds available for the installation of traffic lights and suggested that the City contact the County for possible funding. Mayor Christy said that he had rec~ived a letter from the County stating that the County traffic engineer is reviewing the request of Edgewater concerning a traffic light at SR 442 and U.S. 1 and Park Ave. He asked for a report from the police on accidents at these places. Councilman Asting requested that these letters be placed in a follow- up file and that the City Clerk check on the progress of the review by the County. No further action was taken by the Council at this time. The City Clerk read a letter from F.P. Concannon requesting permission for a construction trailer to be located near the old concrete plant on Flagler St. which is being refurbished. Councilman Ledbetter made a motion that the Council grant a three (3) months permit for a construction trailer to Mr. Concannon. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a memo from the Planning Board regarding membership for the Board. The memo also stated that the Board was revising the by-laws and would send them to Council for approval. Councilman Ledbetter made a motion to TABL~ the appointment of members until the Council receives the revised by-laws. Councilman Asting seconded the motion. Councilman Asting also pointed out that the memo had not been signed and he believed it should be sent back for signature by the Chairman. Upon roll call the motion to T~bl~ CARRIED 5-0. The City Clerk said that the next letter was from Bobo Realty regarding a permit application by the DER. The Councilmen had been given the complete report and information from the DER. Mr. Woods said that it is not necessary to read the entire report or application. The Council should signify their approval or disapproval. 2A Councilman Ledbetter made a motion that the Council approve this application. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. . A certified copy of this section of the minutes will be sent the DER. The City Clerk said that the Fire Chief had requested to speak to the Council in regard to the purchase of partial equipment for the new fire truck. The cost is approximately $1,864.00. This money will come from the money sent by the County. Councilman Rotundo made a motion that the Council approve the purchase of this equipment. Councilman L~db~tt~r seconded the mot~on. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo said that the Fire Chief would like to speak to the Council regarding property for training purposes. Fire Chief Severance asked if anything had been done about the area at 35th and Lime Tree that the firemen would like to use as a training area. 3 o o Mayor Christy said that we needed someplace in the area for the men to train. Councilman Rotundo made a motion that the Council grant the Fire Dept. the use of the area at 35th St. and.iLime Tree as a training area. Councilman Glaser seconded the motion. There were some questions from the audience concerning the impact of the area that a training area might have. Chief Severance said that Port Orange had set up a training area in the middle of a residential area and so far it has been most successful and there have been no complaints from nearby home owners. The Eire Department would take the utmost care to insure the residents in the area that no problems would be created by the various training drills. If any problems arose or if there were complaints, the Fire Dept. would stop using that area. Upon roll call the motion to grant the Fire Dept. a training area CARRIED 5-0. Chief Severance also asked if there had been any progress on obtaining property for another fire house? Mayor Christy said that nothing had been done, as yet, but he was going to the County Council on the 17th of April and once the City is able to clear up the problem of ownership of Mango, then we could discuss this with the County. We should also get a letter to New Smyrna Beach requesting that they consider donating land to Edgewater for a fire house on the west side of the railroad tracks. The Council agreed that a letter should be sent to New Smyrna Beach regarding land for a fire house. Councilman Rotundo said that the Police Chief would like to speak to the Council. Chief Baugh told the Council that they had a number of bicycles that the department has held for over six months and could be auctioned of. He also spoke about a police car that could be sold. It uses a lot of gasoline and the department has replaced it with a more economical car. Mr. Herget advised the Council about an auction that will be held by the County. It might be better if the City just took the police car to that auction and let the County sell it. Mayor Christy asked about the St. Dept. dragline. He wanted to know if that could be sold at the County auction also? Councilman Ledbetter said that they might get rid of it but it would have to be up to the Council. Councilman Rotundo made a motion that the City hold a bicycle auction and that the Police Chief set the date and get with the City Clerk for the advertisement. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter suggested that the City might want to trade in the dragline on a small bulldozer. Mr. Woods said the City would have to go out for bids. Councilman Rotundo made a motion that the City take the police car to the County auction. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Chief Baugh also told the Council that he has become concerned about the number of smoke bombs that kids are setting off around the City. He would like the Council to consider an ordinance banning the sale of these smoke bombs in the City. Fire Chief Severance said that these bombs can cause serious fires. 4 o Q Chief Baugh said that he had not had an opportunity to get with the City Attorney on this subject. Mr. Woods said that he would have to research the subject and check on what we might be able to do about it. He will report back at the next Council meeting on April 21, 1980. 2B Councilman Ledbetter said he just wanted to remind everybody that this week is Clean up week in Edgewater. Councilman Glaser no report. Councilman Asting said that the DER will be holding a workshop in Orlando and he would like Council permission for Terry Wadsworth and Bill Feeney to attend. The cost would only be for mileage and meals. Mayor Christy asked if Mr. Asting wanted to make this into a motion? Councilman Asting said he would make a motion that the Council authorize Mr. Wadsworth and Mr. Feeney to attend this seminar. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting continued his report and told the Council that he had received a request from the supervisors of the Water and Wastewater departments regarding the use of job descriptions in their departments. There has been some problem with certain employees as to their specific duties and the job descriptions that were originally drawn up over a year ago would be helpful in settling these problems. Mayor Christy said he thought the Merit Board was working on trying to get these things done. Councilman Asting said that he would recommend that the Council temporarily adopt these job descriptions until the Merit Board can review them. Councilman Ledbetter asked if this was in regard to the rumor that is going around that the supervisor or the Council cannot fire employees that only the Merit Board can fire employees. Mayor Christy said that this was not true. Councilman Asting made a motion that the Council authorize a resolution adopting job descriptions for the Water and Wastewater departments. Councilman Ledbetter said that he didn't know what was in these job descriptions. Councilman Glaser said that if the supervisors and the coordinator were satisfied with these descriptions why should the rest of the Council need to know about other departments. Councilman Glaser seconded Councilman Asting's motion for a resolution. Mr. Opal said that the Merit Board had been trying to work on this and they had not received the information. Mr. Bosse, Supervisor of Wastewater Dept., told the Council that the Merit Board had received job descriptions over a year ago and they had asked the Merit Board on more than one occasion to come up with descriptions for the departments but so far nothing has been done with it. Mr. Herget said that they had job descriptions for all the departments and questioned whether the Council wanted to get these all together for the Merit Board to take some action after the supervisors had checked them out. Councilman Asting said that if the Council wanted to review the job descriptions for all the departments then we should hold a workshop. Mr. Herget said that maybe he should get out the job descriptions and let the supervisors check them rather than have the Council go over all the job descriptions at one time. 5 o o Mayor Christy called for a vote on the resolution for job descriptions for the W/WW only. Upon roll call the motion CARRIED 5-0. Councilman Asting also told the Council that the Wastewater Dept. is having problems with the sewer lines on Riverside Dr. Specifically, they have received a number of calls from two homes on Riverside Dr. 1307 and 1309. These are two houses that have been connected to a 4" drain line that runs about 100' before it enters our main line. We get calls about every week and when we send a crew down there it costs about $100.00. The solution is to tap the main lines where the homes are and eliminate that 4" line. This will cost about $1650.00. The home owners have threatened action against the City because the sewer backs up into their homes and creates a health problem. The 4" line is a City line. We will have to take care of this. Councilman Asting also said that there was about 450' of partially blocked line between Monroe Dr. and Merrimac on Riverside Dr. It will be an expensive repair job. The line is partially blocked by sand and in some cases may be collapsed. We don't have the kind of money it would take to make this repair. A conservative estimate is $10,000. We went to see FmHA representative in Mt. Dora last Friday to see if there was any grant money available. The grants are frozen however, he did say that FmHA might authorize an expenditure from their reserve fund, which is approximately $33,000. We have to have fairly concrete estimates and the department is working on getting this information. Councilman Asting also told the Council that he had a letter from Briley, Wild in regard to the lift station at Pelican Cove. This is scheduled on the agenda under Old Business but he would like to discuss it at this time. The letter states that the pump station has ample capacity to handle any flo from the commercial area under the existing zoning. They see no reason to deny a site plan approval for the area described previously as it pertains to the existing sewage pumping station capacity to handle flo from this commercial area. The question was raised whether or not the fire hydrant had been put in as requested by the Zoning Board and the Fire Chief. Chief Severance said that the fire hydrant was on the site plans but it had not been installed. It should be located directly at the entrance. Mr. Carder, the developer of Pelican Cove, spoke to the Council and said that the fire hydrant will be installed within a week. It was an oversight on the part of the developers. He requested that the Council now approve the plans for the commercial development of the B-3 property at Pelican Cove. He is anxious to get started with the architects. Mayor Christy asked about the City's acceptance of the lift station for placement into service. Mr. Bosse said they had accepted the lift station per the construction drawings. They were only one or two units in Pelican Cove that would be using that lift station and he felt that Pelican Cove should be given an opportunity to develop the subdivision to be sure the lift station operated properly. Mayor Christy asked Mr. Bosse if he was satisfied with the lift station? Mr. Bosse said that he was satisfied with the lift station. Mr. Carder asked if the City was ready to take over the electrical bill or did the developers still have to pay it. Mr. Bosse said that was up to Council. Councilman Asting asked how many homes were occupied in the subdivision at the present time. Mr. Carder said that probably not more than twenty. He is willing to let the subdivision grow before the City takes over the bill. 6 o o Councilman Asting made a motion that the Council approve the site plan contingent on the installation of the fire hydrant as per original plans. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED' 5-0. Mayor Christy asked Mr Asting about the 37001 of 1211 PVC pipe that was ~urcha~~d' in October 1978. He wanted to know when it would be installed. Councilman Asting said he would check with the supervisor. Mayor Christy said that the rubber grommits had started to rot and also there seemed to be only 3,6801. City Attorney No report. City Clerk said that the Council had authorized him to get costs of private telephone systems. He has gotten this information and would like to present it to the Council at a workshop and also have the representatives of these companies at the workshop to explain their systems to the Council. He asked if the Council would be willing to add this to the agenda for the workshop on April 17, 1980. This could be discussed after the workshop on the paving. There was no objection from the Council to this addition to the workshop. Mayor Christy said that tomorrow at 2:00 P.M. there will be someone at City Hall to give information on types of paving. 3A Mayor Christy said that he had also received a letter from the Florida League of Cities concerning a joint meeting of the Directors and the Legislative Committee in Tallahassee on April 30, 1980. He would like Council permission to attend this meeting. Councilman Rotundo made a motion that the Council authorize the Mayor to attend the meeting in Tallahassee on April 30, 1980. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy also reminded the Council about the joint meeting with the NSB Commission to discuss the footbridge. The meeting will be on April 16, 1980 at 7:30 P.M. in NSB City Hall. Councilman Ledbetter asked to be excused from that meeting. Mayor Christy called a 10 minute recess. Meeting called back to order. RESOLUTIONS The City Attorney read Resolution No. 80-R-152. A RESOLUTION EMPLOYING PATRICK HURLEY AS CITY PLANNER FOR THE CITY OF EDGEWATER, FLORIDA, ON A FULL-TIME BASIS; PROVIDING FOR AN ANNUAL SALARY AS COMPENSATION FOR HIS DUTIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. ORDINANCES None OLD BUSINESS Action on Public Hearing: Councilman Glaser made a motion that the Council accept the recommendation of the Zoning Board to rezone School, Church and Cemetery R-4 and make School, Church and Cemetery a Special Exception under R-4. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. 7 o o Councilman Asting made a motion that section 602.02 para. (a) of the Code of. Ordinances, under permitted uses: Facilities owned and operated by federal, state, county or municipal government; playfields; playgrounds public parks; recreation buildings and single family one story dwelling units be changed by deleting the words "one story" that would leave it single family dwelling units and that the height of 22' not be changed. Councilman Ledbetter seconded the motion. Councilman Glaser said that he would like to see this be a special exception. There were various comments from the audience. Mr. Millard told the Council that he felt Riverside should be kept as it is and he does not feel there is a good reason for deleting two story from all of Riverside. He does not object to Mr. Harris building two story homes but he does not feel this should apply to the entire R-IA zoning district. Mr. Harris could get a variance through a special exception. We should preserve Riverside Dr. as it is. Mr. Grazide said that a special exception would be discrimination. Mrs. Siciliano said that the people on the east side should not be controlled any more than people on the west side as to the type of buildings they should build. Mr. Harris said that he did not think this would change anything as far as the view or the way Riverside looks because we would stay within the present height restriction of 22'. Mr. Siciliano agreed that as long as the 221 restriction is maintained it should not make any difference how many stories are in a house. Mayor Christy said he felt it should be a special exception. Upon roll call the motion to delete the word ItwO.story" CARRIED 3-2. Councilman Glaser and Mayor Christy voted NO. Magnuson request for vacating 50' on Evergreen Dr. City Clerk Herget asked why the City did not sell the property to the citizens that wanted it and bring in extra revenue to the City instead of just vacating. City Attorney Woods said it could be sold at an appraised price. Councilman Glaser asked if it could be stipulated that the money received would be used for paving? Councilman Ledbetter made a motion to table thts for further study. Councilman Glaser said the Council should discuss this with the public before tabling this. Mr. Ben Nessel, Evergreen Drive asked if the traffic was too bad, if a bridge could be put in? Mr. Witzig said that if the owner valued the property at $2,000 for a 40x125 lot, then the City should place approxomately the same value on the property. 3B Mr. Wallace asked how the property would be sold? City Attorney Woods said that the City could sell this property however it chose. Mr. Opal felt this should be sold. Mr. Siciliano a}so felt this should be sold. Mr. Walter Gross stated that the City should find out how much the property would be worth to Magnuson. - 8 - " o o 1 Councilman Ledbetter made a motion to table this. Councilman Glaser seconded the motion. Councilman Ledbetter withdrew his motion. Councilman Glaser withdrew his second. Councilman Ledbetter made a motion to sell this on the recommendation of the City Attorney. City Attorney Woods said that this was a Council decision and that it would be legal to vacate. If the Council wants compensation for this Council will have to decide what terms and conditions this would be vacated. Councilman Asting said that Council should reject any or all bids. Councilman Rotundo said an Ordinance should be passed to this effect. City Attorney Woods suggested tabling this for further research and .' suggestions. Councilman Ledbetter withdrew his motion. Councilman Ledbetter made a motion to table this until April 28th. Councilman Asting seconded the motion. Mrs. Lillian Straub suggested bartering this property with Magnuson. Upon roll call the motion CARRIED 5-0. ANIMAL ORDINANCE Mayor Christy read section 2.29 concerning addressing the Council. Mr. Witzig felt that the fines should be raised each time the animal is picked up and also the licenses should be raised. Mayor Christy read from some sections of the proposed ordinance specifically as it concerns licenses, rabies shots, etc. and requirements for kennels. Mr. Witzig said he believed kennels were allowed in certain areas. Mayor Christy said that the new ordinance would cover people having more than 3 or 4 dogs. This would constitute a kennel. Mrs. Straub said she believed cats could be licensed. Mr. Ladhoff said that he objected to horses being ridden or driven through unpaved streets. This would be especially true in the Florida Shores area. He cited small children that might be hurt. He added that this matter should be placed in the hands of the Planning Bd. to study and find a suitable place for a bridle path. Mr. Kennedy, who stated that he lived outside of Edgewater, said that many of the people here do not understand horses. Small children can be killed by cars, motorcycles, etc. Most of the time people ride their horses outside of town. He believed that people were trying 4A to take away other people's rights by saying horses should not be allowed in town. There was more discussion on the subject of horses being ridden on unpaved streets in Edgewater. City Attorney Woods said that he believed there has been some confusion about the proposed animal control ordinance. The subject on the agenda is the animal control ordinance and the reference to horses in this ordinance is to whether or not they should be boarded or kept within the City limits. The subject of riding horses in the town is covered by Ordinance 110 which is a traffic control ordinance. Mayor Christy read the section of the proposed animal ordinance that deals with the boarding or keeping of horses within the City. There was further discussion about keeping horses within the City. 9 o o Mayor Christy reminded the audience that they should be discussing the animal control ordinance not the ordinance that deals with riding horses in Edgewater. Mr. Opal asked if this was a meeting for the City or the County. Mayor Christy said that Mr. Opal was out of order. Mr. Henson! who also said he lived in the County! asked about the affects of this ordinance when the City annexes the property outside of the City. He might not be able to keep his animals if this ordinance was passed. His property should be grandfathered in if the City annexes in the area to the west of the City. Mrs. Straub said that horses should not be allowed in the City. The people moved to the County so they could have horses. Mr. Paul Stocker asked if this was a city or county ordinance? The only people who could speak at meetings in the city he came from were people who lived in the city. Councilman Ledbetter said that if you are going to allow one animal in the City you should include them all. Councilman Glaser said we should look into the future because we may someday annex this property into the City. We should include an agricultural zone in our ordinance and we should make provisions for people for possible future use. The groundwork is here to do something about all animals and it is the first step! we may have to change it in the future but this makes provisions for many things that should be changed! if it can be enforced. This ordinance is acceptable even though we may have to put some polish on it in the future. Mayor Christy asked if there was any recommendations. Councilman Glaser made a motion agenda for the first reading at Ledbetter seconded the motion. 5-0. AUDIENCE MISCELLANEOUS that we put this ordinance on the next week's meeting. Councilman Upon roll call the motion CARRIED Mayor Christy said that if anyone wanted to talk about Ordinance 110 they could do so now. This ordinance deals with riding horses on unpaved streets in Edgewater not paved streets. Mr. Witzig said that there did not seem much point in talking about it. The Council had heard the feelings of the people that lived in the City but they seem to have made up their minds before they came to the meeting. 4B Mayor Christy said the Council was discussing the animal control ordinance. Mrs. Brogan was against the riding of horses in the City on paved streets. Mr. Engle was against riding horses in Florida Shores. Mrs. Maman of New Smyrna Beach felt that riding horses should !be II allowed throughout the City and that the Ordinance should be dropped to allow horse back riding as the enjoyable sport that it is. Councilman Asting asked if the people had approached the County concerning a bridal path. One of the citizens answered that there is no problem with the County or other cities. Mr. Hensen was against the Ordinance. Mrs. DeLaney said that there were not that many horses riding in the City or on unpaved streets. - 10 - . . . , o o Mr. Opal was against the riding of horses in Florida Shores he also stated that at least 99 out of 100 people in Florida Shores were also against this. Mr. Walter Gross felt that the running dogs were more dangerous than horses. Mr. Kennedy was for riding horses. Ms. Wells asked about annexation. NEW BUSINESS Mayor Christy spoke about Ponce Inlet Port Authority. He also asked for Council permission to write our own Resolutions and then present them to the Attorney. 5A City Attorney Woods said that he prefered to draw them himself. Councilman Asting made a motion to leave the preparation of resolutions as is and let the Attorney prepare them. Councilman Ledbetter seconded the motion. Upon roll call the motiont:CARRIED 4-1. Mayor Christy voted no. Councilman Glaser said that he thought someone was living in the model home at Ponderosa Homes. Councilman Asting made a motion to adjourn. Councilman Ledbetter seconded the motion. Meeting adjourned Coun ilma ~AktIu . Co ncilman 0/('", "Jp."t ~ ~ Minutes submitted by Nancy Blazi Donna Prevatt ...... t0B,~ Counc~_man ~ ~ L. Councilma ~ ~ ]vt<J ATTEST: ~Jj~ "ty Cle k Approved this~/6r day of April, 1980. - 11 -