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01-28-1980 - Regular u L (,,) f;j .,' CITY OF EDGEWATER I I CITY COUNCIL REGULAR MEETING January 28, 1980 Mayor Christy called the regular meeting of the City Council to order at 7:00P.M. in the Edgewater Communtiy 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 I. Woods City Clerk Joseph G. Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION Silent SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion to adopt the minutes of the January 14, 1980 meeting, being seconded by Councilman Glaser. Upon roll call vote the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Asting made a motion to pay the bills, being seconded by Councilman Glaser. Councilman Ledbetter and Councilman Asting asked several questions, which the City Clerk answered about these bills. Upon roll call vote the motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from the Merit Board concerning the appointment of a member. The board is requesting that Mr. Vander- grift be reappointed for another three year term. Councilman Ledbetter made a'motion to reappoint Mr. Vandergrift, being seconded by Councilman Rotundo. Upon roll call vote the motion CARRIED 5-0. The City Clerk read a letter from the Planning and Zoning Boards referring to Section 715.02 of Ordinance 880. It is recommended that tfie Council authorize that approval for single family and duplexes be given to Building Official and City Planner until this section can be clarified or corrected. ., /"~ Q o \1 The City Attorney stated that the next communication from Mr. Pilch speaks to this also. He believes that what is being requested that a site plan approval not be required when there is just a duplex involved. Mr. Mackie stated that this is correct. He explained that they would like for the Council to relieve this tension right now for duplex and residential until the board has a chance to go over this thoroughly. He stated that a Public Hearing will have to be held later for a change to be made. The City Attorney stated that he feels that this was the intention when the Ordinance was drawn up, and he feels that it would be an unnecessary hardship for the boards to have to review each site plan for any duplex in each area. He feels that some relief could be rendered by the Council until the wording of Section 715.02 can be changed. Mayor Christy asked if there would be any conflict with Article II? The City Attorney explained that this is on a temporary basis, and the Council has the right to waive the requirement on a temporary basis. Councilman Asting made a motion that we waive the requirement on a temporary basis and give the authority to the Building Official as to the issuing of a site plan in accordance with the Zoning Board's recon~endation, being seconded by Councilman Ledbetter. Councilman Rotundo stated that he would be in favor of this for single families but not duplexes. Councilman Glaser stated that if we waive this requirement some- one who owns a large area could come in at different times with requests for a duplex and they don't have to meet the requirements that they would normally have to meet, with respect to the site plan. These site plan requirements are there for a reason. Mr. Siciliano stated that he understands what Councilman Glaser is saying, however he explained how the subdivision ruling will prevent this from happening. He stated that another thing that should be considered is when you are talking about the B and I zones, if someone wants to build a store up, should he go through both the Zoning and Planning boards? Councilman Asting stated that this is just a temporary authority that we would be granting the Building Official. Mr. Carl Cochran spoke to the Council about this. He feels that the requirements should be followed until the changes are made. The proper procedure should be followed. He also read where five days notice is required prior to a meeting like this, and he as a Planning Board member was given only two hours notice. Attorney Woods stated that there seems to be a little more involved here and perhaps this should be sent back to the board, for a Public Hearing to be scheduled. Mr. Victor Mancino,Mango Tree Drive, also a member of the Planning Board stated that he attended the meeting the other night. He stated that in the past he had asked about building a duplex on his property and he was told that in R-4 there is no multi-family units. He also feels that we should not make exceptions. -2- ~ Q Mr. Opal, Florida Shores stated that he attended that special meeting, and from what he understood there was a letter from someone in a residential area who couldn't build, they had to have an on site plan. He added that they never saw the letter. He asked if the Councilor City Clerk received this letter? Mayor Christy asked the City Clerk. No one received this letter. Mr. Opal said that the meeting was called for the benefit of this person who wrote this letter, and the subject was for a single family home, not duplexes. He said that he seconded the motion which was to eleviate this single family home temporarily. He wants to know where this letter came from. Mr. Pat Hurley, City Planner spoke to the Council, stating that he was at that meeting. He explained that the intent of this Ordinance was for anything to be built from multi- family up, it wasn't meant to hamper the construction of any single family home. In other words you can build a single family home in a R-4 or R-5 zoning district and if you did, according to this,a site plan approval, it would have to go before the two boards. It shouldn't be that way because the other single family homes don't have to do it, if they are in a residential area. This was the intent of both boards, so that if you wanted to build a single family home in this district that you not be required to go through both boards. and the Council The City Attorney stated that he feels that the best thing to do is set upa Public Hearing on this to get it changed so that a site plan approval would not be required for a single family residence in the multi-family districts. Councilman Glaser asked about the duplexes which were mentioned before. Mr. Hurley explained that this was brought up by Mr. Murphy, Building Official, that it was his opinion that a duplex is just like a single family structure with two units in it. Three units or more would be considered multi-family. He added that it was his impression that the motion was for a single family and duplexes with two units in it. Councilman Ledbetter stated that a few weeks ago when Mr. Gould was here, he said that the Ordinance 880 and the Land plan had to fall together. He asked if this would change anything in fue Land plan? Mr. Hurley stated that this doesn't have much of a bearing on the plan. Rita Webber, 65 Evergreen Street, questioned the legality of the special meeting. She read the section of Ordinance 880 which sets forth the fees for variances. She added that as previously stated, no one knew who the letter was from but she sees no reason to change this. She added that she disagrees with the definitions; for example a duplex is a multi-family home. The City Attorney, again stated that he has recommended that this not be decided by the Council, but a Public Hearing date be set. There is no reason to get into a hassle over this. Mayor Christy stated that he is letting the audience speak on the subject, and we will have time for one more person. Mr. Pilch, Jr. Queen Palm also spoke to the Council, explaining that he wanted to build a single family residence in-oneof these mentioned zones and he was told that he has to go through a totally different process that has ever been done before. The situation -3- o Q that you have now causes a problem. lie does not bnderstand, when everyone says that the intent of the Ordinance was not to affect single family residences,why a temporary thing can't be set until the corrections can be made to the Ordinance. He added that this is causing a hardship on the business of Edgewater. Mayor Christy stated that Mr. Cochran made a very good point, tffit a five day notice should have been given before that meeting. He would like the Council to take this into consideration. He called for the vote. Upon roll call vote the motion DIED, 2-3. The City Attorney suggested that the Planning and Zoning boards meet and send their recommendations to the Council. Perhaps Mr. Hurley's services could be put to some use on this also. Councilman Ledbetter made a motion to send this back to the Zoning and Planning boards, turn both requests back; being seconded by Councilman Asting. Councilman Glaser stated that the letter from the Planning and Zoning boards states that they did hold a joint meeting and this was their recorrmendation. Are we sending this back to them again? Councilman Asting also asked if this was necessary, can't we go ahead with a Public Hearing? The City Attorney stated that if this is the desire, we can advertise for a Public Hearing to change 715.02, if this is the recommendation of these boards. Councilman Asting stated that he will withdraw his second, Councilman Ledbetter withdrew his motion. Councilman Asting made a motion that we advertise for a Public Hearing, being seconded by Councilman Ledbetter. Upon roll call vote the motion CARRIED 5-0. Mr. Mancino spoke to the Council, that perhaps there should be another joint meeting called, since there was not proper notice given for the other meeting. It was explained that at a Public Hearing everyone will have their chance to speak, and then there can be another meeting if its needed. Mr. Cochran spoke again, asking how the Council can take action on something that was done at an illegal meeting? The City Attorney had recommended that this be sent back to the boards. The City Attorney stated that he has no comment. Councilman Asting read the recommendation that the Council was given and he explained that the Council does not know how much time the members were given. He added that he would like to know how many members from each board attended. There was more discussion about the calling of this meeting, and the required notice that should be given. The Attorney recommended that this be settled and that the Council vote on the motion on the floor. -4- u \ u Mayor Christy stated that he will continue with the questions on the motion. Mr. Siciliano explained that the point is to give the citizens d Edgewater some relief until the boards can get their heads together and work this out. If you go on with a Public Hearing, you are talking about a couple of months and a citizen will have to wait that long. Councilman Asting stated that he is trying to speed this up by having a Public Hearing without going back for another joint meeting. Dan Nolan explained that this was brought to his attention by the Building Official. In the past the Building Inspector has had the authority to approve any single family residence on a building permit and site plan approvals. Due to the way 715.02 reads it is obvious that there is an error in the comma placement in the-Ordinance. The way this is now, people who own property in Edgewater and are ready to build now, will have to wait the due process of time until this is resolved. All that is being requested is that the Council allow the Building Inspector to continue to approve building permits and site plan approvals on single family dwellings regardless of the zoning, if the zoning calls for a single family dwelling. In the case of the zoning that calls for a multi family,commercial or industrial it would continue to come to the Zoning and Planning boards. He explained that work is already being done to come up with a recommendation to the Council on how the ammendment should read so that a Reso- lution can be drawn up for Public Hearing to have this ammended. Mayor Christy stated that the motion was to set a Public Hearing so that this can be taken care of. Councilman Asting asked the attorney if the Council could approve continuance of the issuing-.of site plans for single family units? The City Attorney stated that if there was any way that he could see that this could be done, he would say so, but he doesn't see any way. He explained that it calls for a site plan approval regardless in each R zone and I zone also. Unfortunaxely the way it was worded when it was adopted is the problem, but we must adhear to the reading of this. Mr. Nolan stated that this is being detrimental to letting new people come into the City. The City seems to be regressing in this manner. Upon roll call vote on the motion, said motion CARRIED 5-0. The City Clerk read a recommendation from the Board of Adjustments in regard to a variance request from Frank Costa to build a single family home on a non conforming lot. Councilman Glaser made a motion to grant this variance, being seconded by Councilman Ledbetter. Mr. Robert Witzig was given the floor. He asked about the septic tanks in that area and asked if this would cause any more problems. It was explained that there is City sewerage in this area. Mrs. Webber spoke to the Council about the Flood Grant insurance. -5- o 0 Mr. Pilch was given the floor again. lIe also wanted to speak about the septic tanks. Upon roll call vote the motion CARRIED 5-0. The City Clerk read a recommendation from the Board of Adjustments in regard to a variance request from Mr. Charles M. Herbert to build a Florida room on his house. Councilman Asting made a motion to grant the variance, being seconded by Councilman Rotundo. Upon roll call vote the motion CARRIED 5-0. The City Clerk read a street light request from Arlene F. Beader, 924 South Fernald Street. This was turned over the the Street Light Committee. The City Clerk read a letter from C.W. Osban, Triangle Service Inc. requesting a 10% raise in his rates for hauling garbage for the City. After reading this request, the City Clerk pointed out to the Council that at the present time the City does not have a written contract with Mr. Osban. Councilman Ledbetter stated that there is a 10% increase in the budget for this because at the time the budget was being set, there was a raise given by the County and we felt that we should be prepared for this. Councilman Ledbetter made a motion that we grant a 10% increase in the garbage rate and also that the City Attorney draw up a contract for the remaining year, with the option of renewal by the City, being seconded by Councilman Asting. Upon roll call vote the motion CARRIED 5-0. The City Clerk read a letter from the Florida Shores Property Owners Association asking for action to be taken on three questions. 1. Shell that is being taken from the lake on Lime Tree Drive; is this shell being sold to outsiders? 2. Builders and contractors working in the Florida Shores area should be responsible for removing the piles of rubbish that they leave. 3. They would like some action taken to improve the conditions of the roads at the entranceway to Florida Shores at the junction of Indian River Boulevard and U.S. 1. The representative from the Florida Shores Property Owners Assoc- iation was asked to take the floor. Mayor Christy asked who made the accusation that shell is being taken out of the area? It was explained that rumors had been heard to this effect and the assooiation did not want to go by a rumor. They do not know who made this remark, but it was made. Mayor Christy stated that Mr. Copeland and the Police Chief have both been watching this location, the shell is being used to repair our streets. The Police Chief spoke on the second item. He explained that a contractor who was building two houses moved his trash from one place to another to remove all at the same time. He was asked to remove the rubbish and he did it. He added that if the people -6- o o with the complaints will give him the addresses in question he will be glad to take a look at it and get it taken care of. It was asked why this has to be reported, he thinks that the police patrolling the areas should see this and have it taken care of. The Police Chief explained that he has contacted the State Department of Transportation and the County Department of Transportation and they advised him that they would look into the situation at the Florida Shores entranceway. There is work being done on this right now. COORDINATORS REPORTS Councilman Rotundo stated that last Saturday the Fire Department had a seminar. There were over 250 people attending, and a large number of people had to be turned away. He asked if in the future we could have a larger place to have things like this. Councilman Ledbetter stated that he has had some calls from people in Silver Ridge asking if there is any way to seal those streets. Mayor Christy stated that we were suppose to have some people at this meeting from a paving firm to give us some information. Mr. Copeland is still looking into that paving equipment that was discussed at our last meeting. Councilman Glaser - no report. Councilman Asting stated that the Street Light Committee approved the request to take over the street light on Perdita Street. We approved a street light to be put in near 1531 Mango Tree Drive, and one between Mango Tree and Park Avenue to be moved down to the corner, and a light at Turgot and Marilyn. Councilman Asting made a motion that the Council accept the recommendation of this committee, also that the street light on Permjta not be a precedent-and that we take it over as of tonight, being seconded by Councilman Ledbetter. Upon roll call vote the motion CARRIED 5-0 The City Clerk explained that it has been difficult getting an answer in regard to whether or not the calcium chloride was feasible to use on the streets of Edgewater. lie explained that we have a man in our Street Department that had experience with this up north and it was discontinued because of health purposes. It is quite expensive. He added that it was Mr. Copeland's opinion that this would not be feasible. The City Clerk reported on his findings in regard to the way other Cities in the area handle reproduction services to the public. He read from an ordinance of the City of Daytona Beach, which charges are different depending on the service rendered. The City of Port Orange does not have an ordinance, but the feeling was that perhaps they should have one. New Smyrna does have a resolution, they charge 15~ a copy. He added that if a fee is going to be charged it should be in writing; this is only fair to the person requesting the copies and the individual who has to tell them that there is a charge. -7- o o The City Clerk asked if the Council is going to ask the City Attorney to look into any of this, he would like something also decided about making a tape from the City's tapes. lie would like to bring this back next week, and maybe the attorney could bring us a recommendation. There were no objections, this is to be reported on next week. The City Clerk stated that Mr. Causey will be in Edgewater at 8:00 A.M. on Wednesday January 30, 1980. He would like for the Mayor and Council to be present. He desires to know the disposition of all surplus Federal property issued since October, 1977. He will present a brief on his findings prior to departing that day. Department heads will be notified to be available in case they are needed. It was decided that there is no need to call a special meeting. Mayor Christy had no report. Mayor Christy called a briem recess at this time. RESOLUTIONS Attorney Woods stated that there is a recommendation from the City Clerk in regard to the meeting dates. He thinks the Council should discuss this first. The City Clerk read his recommendation that the Council meet on the second and fourth Mondays with workshop meetings called the preceeding Thursdays. The Council looked at the calendars that were prepared to show the difference in the dates. Councilman Asting stated that he thinks the word workshop should net be used because no action can be taken. This was discussed and it was explained that anyone can put some- thing on the agenda for the Monday night meeting. If it is not agreed to put a specific matter on the agenda and one Council member feels it should be brought up, he can bring it up under his report. Mayor Christy pointed out that there is not being a problem in preparing an agenda sheet. He suggests that we not have this extra meeting, we just hold the two Council meetings a month. Councilman Asting stated that having an agenda session could eliminate some of the correspondence that is being read at the meetings. Councilman Rotundo stated that there will be things that come up that we will be better able to take action on when they come to the regular meeting rather than tabling it. It was agreed to try this for a month and see how it will work. -8- o Q The City Attorney read Resolution No. 80-R-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA PROVIDING THAT THE CITY COUNCIL SHALL MEET ON THE SECOND AND FOURTH MONDAY OF EACH MONTH AT 7:00P.M., AT THE EDGEWATER C01ThIUNITY CENTER; PROVIDING FURTHER THAT THE CITY COUNCIL SHALL HOLD AN AGENDA WORKSHOP ON THE THURSDAY PP~- CEEDING EACH REGULAR COUNCIL MEETING; SETTING A DEADLINE FOR MATTERS TO BE BROUGHT TO THE ATTENTION OF THE CITY COUNCIL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt this Resolution, being seconded by Councilman Glaser. Mr. Walter Gross spoke to the Council, that if this will eliminate some of the discussion and allow the Council to have one meeting to discuss each matter and then make a decision at the other meeting perhaps this is a good idea. Mr. Arthur Schilling asked why a definite time is not being set on the workshop meetings? After discussion on this, it was decided to set the time for a workshop meeting~ at 7:00 P.M. Upon roll call vote the motion CARRIED 5-0. The City Attorney read Resolution No. 80-R-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA PROVIDING FOR THE CREATION OF A BOUNDARY LINE BETWEEN THE CITY OF EDGEWATER AND THE CITY OF NEW SMYRNA BEACH FOR PLANNING PURPOSES; PROVIDING THAT THE CITY MANAGER AND/OR MAYORS OF EDGEWATER AND NEW SMYRNA BEACH BE AUTHORIZED TO MAKE SUCH FORMAL AGREEMENTS ON BEHALF OF THE RESPECTIVE CITIES AS MAY BE NECESSARY TO CARRY OUT THE INTENT OF THIS RESOLUTION; REPEALING ALL RESOLUTIONS IN CONFLICT AND,PROVIDING AN EFFEC- TIVE DATE. Councilman Asting made a motion to adopt this Resolution, being seconded by Councilman Rotundo. Upon roll call vote the motion CARRIED 5-0. ORDINANCES The City Attorney read the second reading of Ordinance No.79-0-39 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, CREATING A SPECIAL MOBILE HOME PARK ZONING DISTRICT TO BE DESIGNATED AS SECTION 605.03 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA AND DESIGNATING SAID SPECIAL ZONING DISTRICTS AS MH-S; PLACING CERTAIN EXISTING NON-CONFORMING MOBILE HOME PARKS NOW LOCATED WITHIN THE CITY OF EDGEWATER, FLORIDA WITHIN ~ SAID MH-S ZONING DISTRICT; PROVIDING THAT SAID MOBILE HOME PARKS SHALL BE ALLOWED TO OPERATE IN THEIR PRESENT STATUS AS CONFORMING USES; PROVIDING FOR COMPLIANCE WITH EXISTING MOBILE HOME PARK ZONING REGULATIONS IN THE EVENT OF EXPANSION OF SAID NON-CONFORMING MOBILE HOME PARKS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that we adopt this Ordinance, being seconded by Councilman Rotundo. Upon roll call vote the motion CARRIED 5-0. -9- o o Councilman Ledbetter stated that he wants the records to show that he will sign the conflict of interest form. The City Attorney read the second reading of Ordinance No. 79-0-40 AN ORDINANCE REZONING CERTAIN REAL PROPERTY IN THE CITY OF EDGEWATER, FLORIDA, FROM ITS PRESENT ZONING CLASSIFICATION OF B-5 PLANNED SHOPPING CENTER DISTRICT TO B-3 HIGHWAY SERVICE BUSINESS DISTRICT, AUTHORIZING SAID CHANGE ON THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA; BY THE ADDITION OF RENTAL AND LEASING OF TOOLS, EQUIPMENT, MACHINERY AND SUPPLIES FOR INDUSTRY, BUSINESS, HOUSEHOLD USE AND RECREATIONAL USE AS AN ADDITIONAL PERMITTED USE IN THE B-3 HIGHWAY SERVICE BUSINESS DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Ordinance, being seconded by Councilman Ledbetter. Upon roll call vote the motion CARRIED 5-0. The City Attorney read the first reading of Ordinance No. 79-0-25 AN ORDINANCE REGULATING SIGNS IN THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH THE PURPOSE OF THIS ORDINANCE; SETTING FORTH DEFINITIONS; SETTING FORTH GENERAL SIGN PROVISIONS; SETTING FORTH A SCI.i:EDULE OF PERMITTED SIGNS BY DISTRICT; PROVIDING FOR SIGNS PEffiiITTED 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 TilE CODIFICATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCE PROVISIONS; PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE A~~ PROVIDING FOR AN EFFECTIVE DATE THEREFOR. Councilman Rotundo made a motion that we accept Ordinance No. 79-0-25 and that it be incorporated in the Municipal Code Book, being seconded by Councilman Glaser. Upon roll call vote the motion CARRIED 5-0. OLD BUSINESS The City Clerk read the Certification of Bids for the Insurance. Bids received from J.E. Tumblin Agency, Inc.; Caton Insurance, Risk Management Services, Inc. He recommended that the bids be opened tonight, however that no decision be made until we have time to prepare a spread sheet and bring this back to the Council at our next meeting. This..as agreed upon. Councilman Asting made a motion that this be TABLED until our next meeting, being seconded by Councilman Ledbet~er. Upon roll call vote the motion CARRIED 5-0. The City Clerk stated that there is a vacancy on the Industrial Development Board and two vacancies on the Board of Governors. It was decided to bring this back to our next meeting and keep bringing it back until these vacancies are filled. At the present time the boards do have quorums, however if one more member is lost an appointment will have to be made. -10- u o AUDIENCE MISCELLANEOUS None NEW BUSINESS Councilman Ledbetter stated that he would like the Council to consider charging the people with home occupational licenses the commercial garbage rate. This is just for the Council to think about, he will bring it up later. ADJOURNMENT Councilman Ledbetter made a motion to adjourn, being seconded by Councilman Glaser. Meeting adjourned. Minutes submitted by: Susan Wadsworth Debbie Sigler cTncJM~. COUrrcilman .J0-~.GQ~ Counci man ATTEST: ~~~I Approved this I / day of ~toL . Councilman 7 FebrUarY'/19Y~ ~ l~~-k, --Y' ~ 1 ayor -11- ~ ~ <1/24' (,/ ~ ~