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02-25-1980 - Public Hearing/Regular u \}"; r fJ" ) ~ r') CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING February 25, 1980 CALL TO ORDER 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 William B. Glaser Councilman Neil J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Excused Present Present Present Present Present The Public Hearing was being held to discuss the following zoning changes: 1. Change Section 715.02 of the Code of Ordinances by deleting the require- ments for approval of site plan by the Zoning Board and the Planning Board for Single-Family resident and a duplex in all R-4, R-5, R-5A, R-6, B-1, B-2, B-3, B-4, B-5, I-I, I-2 and I-3. 2. Rezone that parcel known as FPL located on the North side of 16th Street and West of the Railroad to I-I and make Electric Sub-Stations a Special Exception under I-I. The City Clerk read a letter from the Zoning Board which consisted of additional recommendations for textural changes in 715.02. The City Attorney said that the Council can only discuss the changes that were advertised for 715.02 The Council can bring up the Zoning Board recommendations at a regular Council meeting and then set a date for a Public Hearing. Mayor Christy asked if anyone wished to discuss ;the advertised recommended changes concerning deleting single-family resident and a duplex. Councilman Glaser asked if duplex referred to one or more than one duplex? Mr. Mackie explained that this meant only one duplex. Mayor Christy asked if anyone wished to discuss the rezoning of a parcel of FPL located on the North side of 16th St. and West of the Railroad to I-I and make Electric Sub-Stations a Special Exception under I-I. Councilman Asting ask~d if the Building Official would issue these permits and read the last paragraph of 715.02 in the Code of Ordinances. The City Attorney stated that the Building Official would issue building permits for single-family resident and a duplex. Councilman Glaser made a motion to adjourn the Public Hearing. Councilman Asting seconded the motion. Mr. ~1ackie suggested that the City Attorney read the Zoning Board letter very carefully so that the code can be followed as stated in the letter. The City Attorney suggested that this be put on the Agenda for the next regular Council meeting or a Workshop. Public Hearing adjourned Minutes submitted by Donna Prevatt ,I - 1 - o o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING February 25, 1980 CALL TO ORDER 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 Herget Police Chief Earl Baugh Present Present Excused Present Present Present Present Present INVOCATION Rev. Smith SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion to adopt the minutes of January 31, 1980 Special Meeting. Councilman Glaser seconded the meeting. Upon roll call the motion CARRIED 4-0. Councilman Asting made a mot~_on to adopt .both sets of February 7, 1980 minutes, Special Meeting. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting made a motion to adopt the minutes of February 11, 1980. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Mayor Christy said that the bill for Mr. Wilson needed to be added to the bills. Councilman Rotundo made a motion to pay the bills. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. l-b PRESENTATION -AUDIT REP,ORT - BRENT MILLIKAN Mr. Millikan addressed the Council and audience and introduced his associates, Mr. Kish and Mr. Clark. He reviewed the financial position of the City and also the management letter and comments. He stated that the City has several funds which consist of the General Fund, a Special Revenue Fund, ~Enterprise Fund and a Trust Fund and reviewed these. Mr. Kish explained each fund and gave their source. He also explained the Internal Control comments. He suggested that the City establish a formal set of policies. Mr. Millikan concluded his presentation and asked the Council if they needed any information to call the office and they would be glad to give any help necessary. Mayor Christy suggested having a workshop between Brent Millikan and the Council. There was a 5 minute break at this time. - 2 - o o PROCLAMATION City Clerk Herget read the proclamation approving the Local Government Student participation in the City. COMMUNICATIONS City Clerk Herget read the Federal Revenue Sharing Audit letter. The City Clerk requested that Brent Millikan send a letter to the Office of Federal Revenue Sharing no later than September 1, 1980. Councilman Asting made a motion that the City Auditors conduct this audit and that they be designated on the card. Councilman Glaser seconded the motion. Councilman Glaser asked if the City had the funds to pay for this audit? City Clerk Herget explained that the Federal Government requires this. Mr. Opal asked if this involved all funds? Mayor Christy said Federal Revenue Sharing Funds only. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from G.S.A. concerning Surplus property. Councilman Asting made amotion to table this until next week until a full Council can act on this matter. Motion DIED for lack of a second. Councilman Rotundo made a motion to pay this bill in the amount of $1,590.16. Councilman Glaser seconded the motion. Councilman Asting asked Mayor Christy if he intended to vote on this matter? Mayor Christy stated yes. , 4 Councilman Asting asked Mr. Woods if there would be any conflict of interest if the Mayor votes. The City Attorney stated NO.and said that the Mayor had to vote yes or no, that he could not abstain. He also said that this would have to be decided upon by Council. Councilman Rotundo said that he thought this had been handled. Mr. Opal felt that the Mayor had not been honest in selling the G.S.A. property. Mayor Christy thanked Mr. Opal for speaking. He then called Mr. Opal out of order and said if he did not sit down he would be escorted out. Mayor Christy asked the Chief to escort Mr. Opal out. Mr. Opal was escorted out at this time. Mr. Walter Gross asked where the $50 that paid Mr. Nichols for the generators came from? He also asked where the $20 came from? City Attorney Woods stated that he donated this money. Upon roll call the motion CARRIED 3-1. Councilman Asting voted NO. City Clerk Herget explained the Caton Insurance package and asked if the Council. wanted to renew this. Councilman Rotundo made a motion to retain the same insurance. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from the W/WW Supervisor concerning Non-Collected Fee Monies. - 3 - o o Councilman Rotundo made a motion to table this for further study. Councilman Glaser seconded the motion. City Clerk Herget will get with the Building Official and report back at the next regular Council meeting. Upon roll call the motion CARRIED 4-0. City Clerk Herget said a date for the W/WW Budget Workshop needed to be set and said that March 6th immediately following the Council Agenda Workshop. The Council agreed with this recommendation. City Clerk Herget read the letter from Mr. Gro11emund concerning City Water refunds. Clerk to send letter stating Ordinance rescinded, no refund. Councilman Asting made a motion to re-admit Mr. Opal. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. Mayor Christy asked the Chief to re-admit Mr. Opal. City Clerk Herget read the letter from Domestic Abuse Council Industries requesting to be put on the Agenda for the next Council meeting. Councilman Rotundo made a motion to contact Mrs. Moore and have her attend the Council meeting. Councilman Asting. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from the W/WW Supervisor concerning the reimbursement to Kopec Trailer Park. Councilman Asting made a motion that Kopec Trailer Park be reimbursed in the amount of $24.39. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. City Clerk Herget read the letter from the Planning Board Chairman in reference to the 701 Grant. City Planner Hurley explained how his recommendation would save time. Councilman Asting made a motion to accept the recommendation of the City Planner and reject the offer by the Department of Community Affairs. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from the Planning Board concerning mailing minutes. Councilman Asting made a motion to reject the request of the Planning Board. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from the Planning Board concerning the Webster Site Plan Approval. The City Planner Mr. Hurley explained that the Zoning Board and Planning Board had approved this with the condition that 4 street lights be put in (1) one on each corner and that a certified engineer check out the sewer and give a written report on whether or not the present sewer system was adequate. This is for the Midway Apartment Complex. Mayor Christy felt that the street lights should be turned over to the street light committee. Councilman Rotundo made a motion to accept the recommendation of the Planning and Zoning Boards and delete the four (4) street lights. Councilman Glaser seconded the motion. Mr. Lodico stated that he felt the lights would be on the Webster property. AMENDMENT to the motio~ Street Lights will be on Webster property also seconded. Upon roll call the motion CARRIED 4-0. 3-a City Clerk Herget read the letter from Mr. Copeland recommending which streets should be shelled first. - 4 - o Q Mayor Christy showed the Council samples of the City and County shell. Councilman Asting asked Mr. Copeland if he felt all the stree~in Florida Shores could be shelled from this shell pit? Mr. Copeland stated that that would be hard to say, but that Mr. Wilson was still getting good quality shell out of this pit. There was a long discussion at this time concerning the pump and Mr. Wilson. Mr. Copeland recommended hiring Mr. Wilson for another 30 days. 3-b Councilman Asting made a motion to rent the pump for another five weeks to correspond with the extended contract of Mr. Wilson for four weeks. City Clerk Herget said funds were available from road materials and supplies to' keep Mr. Wilson and the pump for another month. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the Letter from Mr. Copeland concerning the installa- tion of a drainage pipe from Snider St. to Palm Way St. and close the open ditch. Mayor Christy asked that this be tabled until he can get the minutes that corresponds with this problem and he will report back at the next Council meeting. Councilman Glaser said that something needed to be done on the impact fees on new homes. It was the decision of the Council to TABLE this until the Workshop meeting on March 6th. City Clerk Herget read the letter from the Library Board asking for approval of their By-Laws. Change Article II - A. to read. The Board of Trustees of the Edgewater Public Library shall consist of five (5) members appointed by the Edgewater City Council and serve until replaced. Councilman Rotundo made a motion to accept the By-Laws with the correction. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from the Building Code Board recommending their meeting dates be changed to every 3 months. Councilman Asting made a motion to accept the recommendation of the Building Code Board. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. There was a 5 minute recess at this time. Meeting back to order. COORDINATORS REPORT Councilman Rotundo spoke about the dedication of the Water Plant and felt that there should have been more participation on this. Also he said that Mr. Walters has a problem. Mr. Fabersack explained that Mr. Walters has a problem with his sewer overflowing and flooding his home. He asked that the City check this ou~ as it could possibly be a City problem. The problem seems to be on City property. Mr. Wadsworth said that Mr. Bosse had checked this out and said that the problem was with the plumber and not the City. Councilman Asting stated that if the problem was on City property, it was the City's problem. - 5 - '-' o Mr. Wadsworth and Mr. Bosse will check this out and report back to the City Clerk on this problem to determine whether it the City's problem or the owner's problem. Councilman Glaser no report. Councilman Asting said not been cleared of debris be sent a certified letter clearing of land, the City on his property. Mr. Smith's property on Marion Avenue has still and uncut grass. He felt that Mr. Smith should stating that if he does not complete this will clear it and charge him by putting a lien It was the decision of the Council that the City Attorney should take care of this and send the letter. 4-a Councilman Asting said that he felt the City of Edgewater should have their own Little League Association. Chief Baugh explained how the money was obtained for this league. Mayor Christy suggested sending a letter to the Parks and Recreation Board and find out the statps of the ballfield and to give the Council their recommendation. City Attorney no report. City Clerk Herget spoke to the Council about the Student Government Day. He stated that he had contacted the Holiday House, which is buffet, at $3.55 per person, He asked how the Council wanted to do this? Mayor Christy said that this would be taken out of Council budget. Councilman Rotundo made a motion to get the appropriate funds out of the general fund for the purpose of the Edgewater Student Government Day lunch, if this is not feasible, it should come out of the Councilmen's pockets. City Attorney Woods said that there was Council promotion money that this could come out of. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy read the letter from V.C.O.G. concerning the closing time for establishments serving alcoholic beverages in the Halifax area. Council "agree.d to send the City's Ordinance on alcoholic beverages to V.C.O.G. Mayor Christy spoke to the Council about building barricades instead of renting them, as it would be much cheaper. Councilman Rotundo made a motion to have Mr. Copeland to get the materials and build these. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. These barricades must conform with State regulations. Mayor Christy spoke to the Council about the letter Mr. Gross wrote to the Governor, concerning I acre of Riverside on the North end of Edgewater. The Mayor felt this should be accepted. City Attorney Woods advised against this. Mayor Christy said that he was still waiting on the replies for V.C.O.G. on Meynard Beach. Mayor Christy spoke to the Council about Triangle Services oWIng the City for their franchise. City Attorney Woods suggested contacting the gentlemen. City Clerk Herget said that""he would take care of this and report back to the Council. - 6 - o o RESOLUTIONS City Attorney Woods read resolution 80-R-139. A RESOLUTION GRANTING A VARIANCE TO ROBERT E. WEBSTER 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 Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read resolution 80-R-140. A RESOLUTION APPOINTING VIC VANDERGRIFFT AS A MEMBER OF THE POLICE BENEVOLENT ASSOCIATION ADVISORY BOARD, OF 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 Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read resolution 80-R-141. A RESOLUTION APPOINTING ALVIN KRUSE TO THE EDGEWATER BOARD OF GOVERNORS, OF 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 Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read resolution 80-R-142. A RESOLUTION PERTAINING TO LEAA/CRIMINAL JUSTICE ENTITLEMENT FUNDS OF 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 Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read resolution 80-R-143. A RESOLUTION REQUESTING THE FLORIDA STATE DEPARTMENT OF TRANSPORTATION, M.P.O., THE VOLUSIA COUNCIL OF GOVERNMENTS AND THE VOLUSIA COUNTY COUNCIL TO MODIFY AND/OR INSTALL TRAFFIC CONTROL LIGHTS AT THE INTERSECTIONS OF U.S. #1 AND STATE ROAD 442( INDIAN RIVER BOULEVARD), U.S. #1 AND OCEAN AVENUE, U.S. #1 AND PARK AVENUE, U.S. #1 AND MAGNOLIA AVENUE; PROVIDING FOR THE PAYMENT OF COSTS FOR SAID TRAFFIC LIGHTS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read resolution 80-R-144. A RESOLUTION INCREASING THE ANNUAL SALARY OF THE CITY CLERK JOSEPH G. HERGET; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Glaser made a motion to raise the City Clerk's salary to $13,500 per year and to amend the resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Rotundo made a motion to accept resolution 80-R-144 as amended. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. - 7 - o o ORDINANCES City Attorney Woods read ordinance 79-0-25. AN ORDINANCE REGULATING SIGNS IN THE CITY OF EDGEWATER, FLORIDA; SETTING FORTH ~HE PURPOSE OF THIS ORDINANCE; SETTING FORTH DEFINITIONS; SETTING FORTH GENERAL SIGN PROVISIONS; SETTING FORTH A SCHEDULE OF PERMITTED SIGNS BY DISTRICT; PROVIDING FOR SIGNS PERMITTED IN ALL DISTRICTS; PROHIBITING CERTAIN SIGNS FROM ALL ZONING DISTRICTS; PROVIDING FOR NON- CONFORMING SIGNS AND THEIR REMOVAL; PROVIDING FOR SIGN PERMITS AND FEES; PROVIDING FOR VARIANCES; PROVIDING FOR PENALTIES FOR VIOLATIONS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR THE CODIFICATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE PROVISIONS; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE THEREFOR. Councilman Rotundo made a motion to adopt the ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read ordinance 80-0-42. AN ORDINANCE VACATING A PORTION OF A FIFTEEN FOOT ALLEY LYING NORTH OF INDIAN RIVER BOULEVARD, AND LYING BETWEEN FERN PALM DRIVE AND GUAVA DRIVE; IMPOSING ADDITIONAL CONDITIONS FOR THE GRANTING OF SAID VACATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISING BY THE CITY CLERK AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt the ordinance. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. OLD BUSINESS Animal Control Ordinance. Councilman Asting made a motion to table this until the next regular Council meeting. Motion DIED due to lack of a second. Chief Baugh stated that he needed to get with Mr. Woods on the section concerning horses and cats. The City Attorney suggested a workshop on this. Councilman Asting made a motion to table this until the next Council meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget read the letter from Can Tex Industries concerning misalignment of center column bearing. Mayor Christy said that until the equipment was taken care of:properly and rebuilt, that he will vote no for the acceptance of it. The City Attorney will take care of this. Councilman Asting made a motion to adjourn. Councilman Glaser seconded the motion. Meeting adjourned Minutes submitted by Donna Prevatt - 8 - o -' ~ -..... -... ATTEST: i 1re1/t~ Approved this tl)"7/~day of March, 1980. o / '- -/~~~.~. ~ t' r"-:>~ ,/. ~;:/ Mayor r ." {f C[)~/~)ca~r uncl1ma '4 W~3.~ Councilman counCilma~ Ly - 9 - ~ ~ JIlL ~ ~