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03-24-1980 - Public Hearing/Regular t u ~u~ ~,,6 \, . 1 CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING March 24, 1980 ~CALL TO ORDER I-A 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 City Clerk Joseph G. Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present Mayor Christy stated that the City Council will hold a Public Hearing to consider the following proposed changes to the Zoning Ordinance. First of two Public Hearings. He then read the changes. 1. Allow two story homes East of Riverside Dr. R-1A (Sec. 602.02 (a). Council had no;questions. Mr. Mackie spoke to the Council about two story homes and mini-warehouses. He stated that there were 70 individual units of illegal mini-warehouses. 2. Zone those parcels of land presently known as Edgewater Public School Edgewater Cemetery and Church to R-4 and make Public School, Cemetery and Church a Special Exception. Sec. 603.01. The Council and Audience had no questions. Councilman Asting made a motion to adjourn. Councilman Rotundo seconded the motion. Public Hearing Adjourned Minutes submitted by Donna Prevatt - 1 - Q u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING March 24, 1980 CALL TO ORDER 2-A Mayor Christy called the regular meeting 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 City Clerk Joseph G. Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION Rev. Daniel SALUTE TO FLAG Mayor Christy read sections of the Florida Statutes stating the duties of the presiding officer. APPROVAL OF MINUTES Councilman Ledbetter made a motion to accept the minutes of March 10, 1980. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion to adopt the minutes of the Special Meeting of March 13, 1980. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo made a motion to pay the bills. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. PRESENTATION A representative from Domestic Abuse gave the presentation and passed out brochures. This is a non-profit organization and they would like to be put in the budget for a donation of $400 for the next fiscal year. Councilman Asting made a motion to table this until the next annual budget meeting. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS City Clerk Herget read the letter from the Daytona Police commending two Edgewater Policemen. Mayor Christy presented Officer Wolfe and Officer McEver with Dedicated Service Awards. City Clerk Herget read the letter from Gary and Mary Hine asking for 14th street to be vacated. Councilman Ledbetter made a motion to write a Resolution of intent to vacate the street and advertise for a Public Hearing on this. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. - 2 - ....., o o City Clerk Herget read the letter from EVER asking for reimbursement for Emergency Medical Technician Refresher Course at Daytona Beach. Councilman Ledbetter made a motion to pay the $77.00. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. City Clerk Herget read the letter from GSA concerning the receipt of check. ~~~'yor Christy stated,that he. had specified. that no further purchases were tb4be re~eived ffom Starke unless writteft orders are issued from Council. Councilman Ledbetter made a motion to pass a resolution to that effect. Mayor Christy said no resolution was necessary as he will refuse to sign anything unless Council orders him otherwise, which will be against his wishes. No further action was taken on GSA. City Clerk Herget read a letter from Representative Bell concerning the sounding of train whistles. Mayor read Florida Statutes section 316.1577 and section 351.03. He also read several other sections of the Florida Statutes. He recommended taking action and letting F.E.C. know where we stand concerning the sounding of 2-B whistles. He also said the State Attorney referred to the Department of Transportations Orders. With Council's permission he would like the Attorney to get copies of these for the next meeting. City Clerk Herget read the letter from the Zoning Board concerning Site Plan Approvals. Councilman Rotundo made a motion to take the recommendation of the Zoning Board for both items. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting stated that Magnuson had not checked with the street light committee. Councilman Ledbetter said that Magnuson had agreed to tie into the City sewer system. Councilman Asting said that he would like to check with the W/WW Department before voting. Councilman Rotundo said that there was a motion on the floor. Councilman Asting asked what he wanted in the way of street lights. Councilman Ledbetter said that if he put the lights on his property the City would not have to worry about the lights. Upon roll call the motion CARRIED 5-0. City Clerk Herget read the letter from the Plannin~ Board concerning Site Plan Approvals. Councilman Rotundo made a motion to accept the Planning Board's recommendation deleting #3. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. City Clerk Herget read the letter from the Planning Board concerning the Comprehensive Plan. Mr. Nolan, Chairman of the Planning Board, said that the Florida Statutes that were set up to adopt the Comprehensive Plan formally turned over the completed plan to the City Council to be sent to the reviewing agencies, which in turn will be sent back to the Council for their final review and Public Hearing. Also he reminded the Council that as of March 24, 1980, as the plan is turned over to the City Council, the City of Edgewater no longer has a Planning Board, the Planning Board members were set up to develop the plan. It is now up to the Council to make a resolution appointing the present members to stay on the Planning Board or to develop a new Planning Agency, which is also required by State Statutes. - 3 - o o Councilman Asting made a motion that the City Attorney prepare a resolution naming the present members of the Planning Board to continue in office for three years. Mr. Nolan said that the last Planning Board meeting would be held on April 9th and perhaps the members should discuss this as there may be some members that may not wish to continue and then the Board can make recommendations to the Council as far as present by-laws and terms of office for the new Planning Agency. Councilman Asting withdrew his motion In favor of getting the Planning Boards recommendation. Councilman Ledbetter asked if the Plan had a new map? Mr. Nolan said that the County has deleted the Land Use Map and the Planning Board has also deleted their map. He stated that the last procedure of the plan is to go to the last few reviewing Boards, which our City Planner will send, the reviewing boards will then send them back to the City Council for the final review and Public Hearing to set up for adoption. Councilman Ledbetter asked why the Plan had not been formally presented to Council before this time? Mr. Nolan explained that this had not been required by the laws for adoption. He also commend the members of the Planning Board and recommended a letter of recognition be sent to the members. Councilman Glaser asked Mr. Nolan if the reason for this not coming to Council was due to the fact the State Law requires it to go to State first. Mr. Nolan said yes. Councilman Asting asked if the new City Zoning map had been completed yet? Mr. Nolan said no, that it was in the process. He said that he did not know if a request to the Council had been made for a request for the milar maps. Mr. Nolan said that Mr. Cory was working on the new map and would complete it as soon as possible. Mr. Cory said that the City Planner would come back to him with the specifica- tions and what he needs and then he will be able to give Mr. Hurley an estimate. He also said that he had given Mr. Hurley a baseball figure between $600 and $1,200, which would include Milars, Blueprints and updating the present City Maps. Councilman Ledbetter asked Mr. Nolan where the comment letter from Mr. Gould was? Mr. Nolan said that the City Planner, Pat Hurley had the letter. Councilman Ledbetter said that he would like to see the letter. Mr. Nolan said that now is the time for the Council to review this plan. He said that the Council would have approximately 6 to 13 weeks to review this before the reviewing agency sends it back to the Council, which will give the Council time to review this for questions or comments. Councilman Ledbetter asked that the comment letter be made available to the Council, Zoning and Planning Boards. 3-A Mrs. Webber, Evergreen, stated that the Public Hearing had no quorum and was considered null and void. Mr. Nolan said that there was a quorum. Mrs. Webber said that the last meeting of the Planning Board had no quorum, as per one of the members. There was only 3 members present for the Public Hearing. She also said that she had spoken to the County Council per the suggestion of the City Planner. She stated that the City Planner had told her that he could only spend one hour per day on the planning of the Comprehensive Plan. She then said that that was not enough, he was hired as a Planner and since he was hired as the Planner he would spend more time on this until this was finished. This took precedence over anything else. - 4 - (..) o Mrs. Webber went on to say that after checking with the Council that this was the procedure: 1. get aerial maps - money is in budget, then a base map, and then milar overlays. She said that the County did not throw out their map, they threw out the map of the unincorporated areas, but the County of Volusia has a map. She says that we need new aerial maps. The new maps are in Daytona. She also stated that the City Planner was not going to send the plan to the government for certification until next year. If this is not sent to the Federal Government, the City will not be able to get any money from the 701 Plan. Mrs. Webber stated that she has the latest update fo~ the necessary qualifications for presenting this plan. Mayor Christy said that he had the Comprehensive Plan Work schedule. He stated that we were ahead of the schedule at this time. He read the work schedule. Mrs. Webber said that the adoption comes from the State the certification comes from the Federal Government. She said that it must go to the Federal Government for certification then we will be eligible for our funds. Mayor Christy asked Mr . Nolan , Chairman of the Planning Board for .1:nlightenment. Mr. Nolan felt that Mrs. Webber was speaking of was that the Planning Board had requested that the City Council forget about this grant money that was just available due to another City that did not want it and we were next in line. The criteria for this money far out weighed the need for the money right now and the time that we had left to spend it. He went on to say that Mr. Hurley is submitting certification for funding for next year because if it's September before the Plan is adopted, possibly in October we will be close to getting into next year and that will be the time that we will need the funding to implement the Plan. Once the reviewing agencies have submitted it, the certification from the State and the reviewing agencies that it's all right and the Plan is adopted by the City then it has to be submitted to the Federal Government as far as requirements for the funding. Mayor Christy asked Mr. Nolan if he accepted the scheduled work sheet of the City Planner and as Chairman do you accept this? Mr. Nolan said yes and he thought the Planning Board members had voted unanimously on this. Mayor Christy asked what action Mr. Nolan recommended the Council take at this time? Mr. Nolan recommended that the Council accept the Comprehensive Plan from the Planning Board, submit it to the reviewing agencies for their review and final review by the Council. Councilman Rotundo made a motion that the Comprehensive Plan be accepted from the Planning Board for review in lieu that it go back to the Planning Board with our recommendations. Councilman Glaser seconded the motion. Mr. Nolan stated that the State had accepted the final review so that it could be submitted to Council. Upon roll the motion CARRIED 4-1. Councilman Ledbetter voted NO. The comment letter from Mr. Gould will be furnished to Council. City Clerk Herget read a letter from Pilch Construction concerning a double permit fee. Mayor Christy read Section 107.2, Failure to obtain a permit, out of the Southern Standard Building Code. He also read; a portion of the minutes of December 10th and 17th pertaining to this subject, and passed out pictures. Mr. Murphy said that he had received a communication from the City Clerk stating that all construction permits received an inspection of the site be made, which I have done. He said that he called the Southern Standard Building Code in Alabama, and they instructed me that any work, any digging or batter boards and if the forms are in place construction has started. Councilman Asting asked about Section 107.2? City Attorney Woods read Section 108.2b, stating that work requiring a building permit shall not be commenced. - 5 - Q o Mr. Murphy also stated that the Southern Standard Building Code had also told him that if the contractors will buy a foundation permit prior to obtaining a building permit, they can at their own risk, start the construction for the foundation. 3-B Councilman Asting asked Mr. Pilch if he had proof that he applied for the' permit on March 5th? Mr. Pilch said no, but that he had left the permit with another gentleman in the office. Mr. Murphy said that no permit sits in his office any longer than overnight. Mr. Pilch said that the definitions of the beginning of construction in the 880 Ordinance was contrary to the Southern Standard Building Code. City Attorney Woods asked Mr. Pilch if he had used labor? Mr, Pilch said yes, City Attorney Woods read section 108.2b which requires, work requiring a permit shall not commence until the permit holder or his agent has posted the building permit card in a conspicuous in front of the premises. Council agreed that the double permit fee would stand. City Clerk Herget read the Home Occupational License for Mr, Joseph Prestipino for Carpentry. Councilman Asting made a motion to grant the license. Councilman Rotundo seconded the motion. Mrs, Webber asked if the Home Occupational laws were being enforced in Florida Shores? She asked who the enforcing officer was? Mayor Christy said that if she saw something out of the ordinary to report it to the Chief, Mr. McCallister asked if there were any safegaurds on Home Occupational licenses that tells what they are permitted to do? Mayor Christy said yes. Upon roll call the motion CARRIED 5-0. City Clerk Herget read the Home Occupational License from Mrs. Barnes for Interior Decorating, Councilman Ledbetter made a motion to grant the license. Councilman Rotundo seconded the motion, Upon roll call the motion CARRIED 5-0. RECESS for 10 minutes. Back to order. COORDINATORS REPORT Councilman Rotundo said that the dedication of the new Fire Tanker will be at the Fire Station on March 25th at 5:00 P.M. Councilman Ledbetter asked what the Council should do about the easement for the forced main at the pumping station on the North side of his property? Councilman Asting said that the new line was on Canal Street, Mr. Armstrong's line has been abandoned. Mayor Christy asked if the City would be liable? City Attorney Woods said that once it was conveyed back to Mr, Armstrong, the City would not be liable, Councilman Rotundo said that we should get a letter from Mr, Armstrong stating that he wants the property back, Councilman Ledbetter will obtain a letter from Mr. Armstrong stating that he wants his property back. This will be for the April 7th Agenda. - 6 - Q o Councilman Glaser no report. Councilman Asting said that they had checked on the depression in the road on Riverside near Friendly Shores was not due to sewer. Councilman Ledbetter will check this out. Councilman Asting said that the as built plans for the Water Department went out to D.E.R. on March 17th from BWA. He also asked what had been done about the Smith property? City Attorney Woods explained that Mr. Smith had had health problems and it was decided to give him until April 7th to clean this up or we would do it and put a lien on his property. Council agreed, Councilman Asting read a letter from Cantex stating that they would furnish the bearing for the center post. Mayor Christy said that the center post was bent. Councilman Asting said the by pass system was being worked on. He also asked 4-A if any money had been received from Mr. Osban? City Clerk Herget said that he sent Mr. Osban a letter stating that the money had to be received in City Hall by March 31, 1980. City Attorney Woods said he felt that it would be He then read the letter. letters or send them out that since we had adopted the Sign Ordinance, a good idea to notify the businesses of the City. He suggested either having someone deliver the by certified mail. Councilman "Ledbetter made a motion to send the letter. City Clerk Herget suggested that the person who finds the people not in conformance, delivers the letter and fills out the affidavit and return it to City Hall rather than certified mail. Councilman Ledbetter incorporated this into his motion. Councilman Rotundo seconded the motion. City Clerk Herget asked who would enforce this? Chief Baugh stated that in the Ordinance the Building Official was the zoning enforcement officer. He also said that the Animal Control Officer could help Mr. Murphy enforce this. Council decided that Mr. Murphy would enforce this. Upon roll call the motion CARRIED 5-0. City Clerk Herget stated that the Council needed to rescind the original motion to go out on bids for shell. Councilman Ledbetter made a motion to rescind the bids for the shell. Councilman Rotundo seconded the motion. Mayor Christy passed out maps on the boundary lines of the Barn. He asked Council permission for Dan Cory to survey and put in posts marking the boundary lines. He aslo stated that the City now owns the whole Barn. He spoke to the Council about coquina for use on the Beach areas. He said that there would be a possibility of having to dynamite. the coquina. - 7 - Upon roll call the motion CARRIED 4-1. Councilman Asting voted NO. Councilman Ledbetter made a motion to have Dan Cory survey the barn area out and put corner markers in. Councilman Rotundo seconded the motion. This to come out of the Street Department. Upon roll call the motion CARRIED Councilman Asting said that this should be looked into and we should get an estimate on the cost. Mayor Christy said that the Council should think about whether or not they want to keep the pump. He will call a special meeting if necessary. o o Mayor Christy said that he had received a letter from Rothchilds concerning air pollution. He asked that the Animal Ordinance be moved as it was getting so late. 4-B OLD BUSINESS Mayor Christy read Florida Statutes section 316.073 concerning animal drawn vehicles. There was a lengthy discussion on the animal ordinance. Councilman Ledbetter made a motion to hold a workshop on the Animal Ordinance with the citizens for input on the ordinance. Workshop to be held at the Shuffleboard Court at 7:00 P.M. April 3, 1980. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The papers will be notified. RESOLUTIONS City Attorney Woods read resolution no.80-R-145. A RESOLUTION GRANTING A VARIANCE TO GLENN JONES ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. City Attorney Woods read resolution no. 80-R-146. A RESOLUTION TO ESTABLISH THE CITY OF EDGEWATER'S ELIGIBILITY TO PARTICIPATE IN THE STATE OF FLORIDA LAND AND WATER CONSERVATION FUND; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. City Attorney Woods read resolution no. 80-R-147. A RESOLUTION APPOINTING NEIL J. ASTING AS COORDINATOR OF THE WATER AND WASTEWATER DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt this resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. City Attorney Woods read resolution no. 80-R-148. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA PROVIDING THAT THE CITY COUNCIL SHALL MEET EVERY MONDAY NIGHT, AT 7:00 P.M. AT THE EDGEWATER COMMUNITY CENTER; PROVIDING FURTHER FOR A DEADLINE FOR MATTERS TO BE BROUGHT TO THE ATTENTION OF THE EDGEWATER CITY COUNCIL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the resolution. Councilman Rotundo seconded. the motion. Upon.roll call the motion CARRIED 5 - o. City Attorney Woods read resolution no. 80-R-149. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA IMPOSING CERTAIN REQUIREMENTS ON THE REPRODUCTION OF PUBLIC DOCUMENTS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt the resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy asked about section 4, whether or not this included the Council? City Attorney Woods said that this included anybody who asked for verbatim minutes. - 8 - o o 5-A City Attorney Woods read resolution no. 80-R-150. A RESOLUTION REQUIRING THAT ANY SITE PLAN AS REQUIRED BY SECTION 715.02 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA SHALL BE SUBMITTED TO THE ZONING BOARD OF THE CITY OF EDGEWATER, FLORIDA NOT LATER THAN SEVEN WORKING DAYS BEFORE THE ZONING BOARD MEETING AT WHICH SAID SITE PLAN SHALL BE CONSIDERED FOR APPROVAL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt the resolution. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES City Attorney Woods read ordinance 80-0-46. AN ORDINANCE AMENDING CHAPTER 13, ARTICLE II, SUBPARAGRAPH (3) , OF SECTION 13-28, 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 to adopt the ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mrs. Webber spoke to the Council about the Public Hearing being illegal due to a lack of a quorum. She asked that the Council check into this. City Clerk Herget will check this out and give a report to the Council on April 7th. Mrs. Webber also asked about the adendum to the Inter Government Programs? City Attorney Woods will look into this. NEW BUSINESS Councilman Glaser gave his report on the proposal to assess building permits for road improvements. This was dis~ussed in length and it was decided that the Council would hold a Workshop on April 17th at 7:00 P.M. on Street Paving. Councilman Glaser asked that the Council write down their pro's and con's on this report for the Workshop. Councilman Ledbetter said that Spring Clean-up would be April 14th through April 18th. This will have to be advertised. Councilman Ledbetter stated that the Home Occupational Licenses were getting out of hand as far as the charge for trash is concerned. He felt that they should be charged as a business and not as a regular residence. City Attorney Woods will check this out and get back to Council. Councilman Asting made a motion to adjourn. Councilman Rotundo seconded the motion. Meeting adjourned Minutes submitted by Donna Prevatt 9 - . o o ~ ~ CU)AY: fJt~ ~ C ullman W.1S.~ ~ Councilman ']~t~ CounCllma -rJ-() ATTEST: Jr4Pr . 712' day of Approved thlS ~ April, 1980. ~/f c- /". ~'4~/ ayor - 10 -