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05-12-1980 - Regular ~ ~f o u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING May 12, 1980 CALL TO ORDER Mayor Christy called the 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 Zone 3 Councilman Neil J. Asting City Attorney ProTem Charles Hardee City Clerk Joseph Herget Police Chief Earl Baugh :1 INVOCATION Present Present Present Vacant Present Present Present Present Rev. Smith gave the invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Rotundo made a motion to approve the minutes of May 5, 1980. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO due to absence. BILLS AND ACCOUNTS City Clerk Herget said that the Brile~ Wild bill on page 2, needed to be deleted, in the amount of $380.33. This bill is to be paid by Mr. Carder, Pelican Cove. Councilman Asting made a motion to pay these bills. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS City Clerk Herget read the letters from the Zoning Board concerning the re-zoning of the Hall property and also a letter from the Planning Board concerning the re-zoning of the Hall property and also requesting that the Planning Board receive all communications and proposals that the Zoning Board receives at the same time. Attorney Hardee stated that this was not illegal and not considered spot zoning. Mayor Christy said that the Council would take action on the Zoning Board communication first. Councilman Asting made a motion to accept the recommendation of the Zoning Board. Councilman Rotundo seconded the motion. Mr. Cochran felt that this was a conflict of interest because he thinks Mr. Griffith and Mr. Hall are business associates and he would like the Council to send this back to the Planning Board for more review. Mayor Christy reminded Mr. Cochran that the Planning Board was there to make sure this fits in with the Comprehensive Plan. He also said that there was no conflict of interest between Mr. Griffith and Mr. Hall. Councilman Asting asked Mr. Cochran who Mr. Griffith was? Mr. Cochran said that Mr. Griffith was a Planning Board member and presented the motion to re-zone this. - 1 - " . C) o Councilman Ledbetter stated that he was at the meeting Mr. Cochran is referring to and that no one at that meeting objected to this or mentioned a conflict of interest at that time. He also said that he has known Mr. Hall for a number of years and that he has never known Mr. Hall to have a partner in business. Mrs. Webber stated that she felt that this was spot zoning due to the fact that everything around was I-I. Mayor Christy said that I-I left the area open to too much business and that some of the people would prefer B-2 for a more controlled area. Mrs. Webber said that she wanted Council to table this until the Planning Board meeting where this can be reviewed again. Mayor Christy read the. permitted uses in I-I. Attorney Hardee said that according to the State Statute even if it is a conflict would not require him to abstain from either introducing a resolu- tion or from voting. Mayor Christy asked Mr. Hall if he and Mr. Griffith were partners? Mr. Hall said no they have no partnership, I do plumbing and I'm a plumber. Attorney Hardee said that he felt there was no conflict of interest. not even do Mr. Griffith's Mr. Opal asked what Council was acting on the Zoning or Planning part? Mayor Christy said the Planning part, which he read. Mr. Opal asked what the address of the property was? Mayor Christy said no. Mr. Opal demanded that Mr. Griffith sign a W-4 form, as he is registered as a builder at 2205 W. Park Avenue. He asked if he had filed a form? Upon roll call the motion to accept the Zoning Board's recommendation CARRIED 4-0. Mayor Christy said Council would now take action on the Planning Board's recommendation. Councilman Rotundo made a motion to grant this request. Councilman lA-27 Asting's second was the only audible second on the tape. l-B Mr. Mackie stated that the Zoning Board received only 1 site plan. After our meeting we immediately send everything with a letter attached to,it stating what the Board has decided. The Planning Board has nothing to do with the zoning of property, they just have2to make sure that nothing 1S in conflict with the Comprehensive Plan. Mr. Hall stated that this has been gOlng on for four months. Upon roll call the motion to grant the request CARRIED 4-0. City Clerk Herget read a letter from the Zoning Board concerning an annual party for the Advisory Boards. He said that the last Advisory party was paid for out of Council promotional activities. On October 1, 1979 $3,609.84 was appropriated since then this has been used to pay for Federal Surplus property at Starke, Government Day at the Edgewater Elementary School and the remainder has been guaranteed for the 4th of July fireworks. He also said that there would have been sufficient money in this fund, but the money that carne out to pay Starke for that property had to corne out of this category, if it wasn't for that, there would be about $1,500 left over that you could go ahead and throw this party with. I don't think it was bad planning on the Council's part but it was just an unexpected expense that carne up. _ 2 _ . ... - o Q IB-5 Councilman Rotundo made a suggestion to table this until we can appropriate our budget and maybe we can find the money. Mayor Christy said that there was a motion by Mr. Rotundo to table this, do I have a second? Councilman Ledbetter said I might as well. Mayor Christy said seconded by Mr. Ledbetter. Mrs. Mackie said that he had promised this as a yearly event. She stated that she had spoken to Mayor Christy and he said that this would be possible, and she wanted to know why the money was not appropriated for this? Mayor Christy said that he thought it was there and said that they would see what could be done about it this year. Mr. Opal said that Council could find money for everything except for the Advisory Boards. Upon roll call the suggestion CARRIED 4-0. City,Clerk Herget read the letter from the Zoning Board concerning the Magnuson Vacation of Evergreen. Councilman Rotundo made a motion to grant Magnuson Corporation the right to this 50' right of way. Mayor Christy asked Councilman Rotundo to make into his motion to vacate that property? Councilman Rotundo said to vacate that property between block 10 and 13 on Evergreen Drive. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. RESOLUTION on this.' Mayor Christy said that at this time he would like to have the letters from Mr. & Mrs. Sterling and Mr. & Mrs. Anderson moved down to the Ordinances. HOME OCCUPATIONAL LICENSES City Clerk Herget said that Mr. Jack L. Dillard was requesting a license for repairing Heating and Air Conditioning. Mr. Dillard was not present Councilman Ledbetter made a motion to table this request. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Herget said that Mr. John Landrove of 2716 Kumquat Drive is requesting a license for small engine repair. Councilman Rotundo asked Mr. Landrove what kind of small englnes. Mr. Landrove said that this was for people who were not able to bring lawnmowers and other small engines to shops' that he would go to their homes to repair these. Councilman Asting made a motion to grant this license. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. COORDINATORS REPORT Councilman Rotundo no report. Councilman Ledbetter suggested that the City Clerk research the books to see if we can come up with money to hold the party for the boards. - 3 - o o Councilman Asting said that the City is going to need another well. He requested that the Water Department look for suitable land for this well. He passed out copies of the report from the Supervisor of the Water Dept., which stated that the logical choice for the site has to be South of Park Ave. directly across and West to Mission Rd. from the Water Plant, which belongs to Mrs. Massey. He suggested having the Council get together with Doris Massey to determine the lands availability and costs and accessibility. Mr. Asting felt that perhaps the Attorney should begin preliminary talks with the owner/Massey to see what arrangements can be made. He felt that the City should try to purchase enough land to put in two wells because as the City grows we will need another well and they have to be at least 1,000 feet apart. He recommended that the Attorney check into this and see what arrangements can be made for the purchase of land that she would make available to us and the cost. Councilman Asting made this into a motion to have the Attorney investigate this. Councilman Ledbetter seconded the motion. Mrs. Webber said that BWA, National Geographers and the Geological Society from Winter Park and they said that the City should not put any more wells in that area, that we should continue further West. Councilman Asting ~aid that we would be going further West. Upon roll call the motion CARRIED 4-0, Mayor Christy asked about the water recording devices, if they had been installed. Councilman Asting said that he would check on this. Mayor Christy asked what would be done with the PVC pipe? Councilman Asting said that we were going to cover the pipe with tarpaulins. Mayor Christy asked what the Council intended to do about the Sewer Plant? Councilman Asting said that this had been turned over to the City Attorney. Mayo~ Ghri~ty asked that the Attorney give a report on this next week. He then asked permission to have the lake, where the shell was taken out of, if he could have Florida Game and Fresh Water Fish Commission stock this pond. 2A Mr. Witzig felt that before we ask for fish, we should pass an Ordinance to prohibit people from throwing casting nets in small ponds in Florida Shores. No further action taken on this. 5 minute break. RESOLUTIONS Attorney Hardee read Resolution 80-R-155. A RESOLUTION PROVIDING FOR AN INCREASE IN SALARY FOR KEVIN BOSSE, TERRY WADSWORTH AND WILLIAM FEENEY, SUPERVISORS OF WATER/WASTE WATER DEPARTMENT, CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting passed out job descriptions and salaries in comparison to other cities in the State of Florida, for these positions. Councilman Asting made a motion that we adopt this resolution. The motion DIED for a lack of a second. - 4 - o o ORDINANCES Attorney HarPee read Ordinance 80-0-48 and said that these would be read by title only. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY ADDING THE CONSTRUCTION OF DUPLEXES AND MULTI-FAMILY DWELLINGS, INCLUDING TOWNHOUSES AND CLUSTER HOUSING IN THE B-2, B-3, B-4 and B-6 ZONING DISTRICTS AS SPECIAL EXCEPTIONS IN SAID ZONING DISTRICTS; PROVIDING FOR COMPLIANCE WITH DIMENSIONAL REQUIREMENTS AS SET FORTH IN SECTION 603.01, R-4 MULTI-FAMILY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING AN EFFECTIVE DATE. City Clerk Herget read the letters from Mr. and Mrs. Stirling and Mr. and Mrs. Anderson opposing to this. Councilman Rotundo made a motion to adopt this ordinance. DIED for a lack of a second. Attorney Hardee read Ordinance 80-0-49. AN ORDINANCE AMENDING SECTION 606.01(b), B-2 NEIGHBORHOOD BUSINESS DISTRICT, TO ADD AS AN ADDITIONAL PERMITTED USE IN SAID DISTRICT AUTOMOBILE TUNE- UPS AND FRONT END ALIGNMENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt this ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Attorney Hardee read Ordinance 80-0-50. AN ORDINANCE REPEALING THE PROVISIONS OF CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PERTAINING TO ANIMALS AND FOWL, AND SUB- STITUTING THEREFOR A NEW ORDINANCE TO BE DESIGNATED AS THE ANIMAL CONTROL ORDLNANCE OF'THE CITY OF EDGEWATER, FLORIDA; PROVIDING THAT SAID ORDINANCE SHALL BE CODIFIED AS CHAPTER 5 REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt this ordinance. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Attorney Hardee read Ordinance 80-0-51. AN ORDINANCE AMENDING APPENDIX A, ARTICLE XI, SECTION 1104.00, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY AN INCREASE IN THE APPLICATION FEE FOR AMENDMENT TO THE ZONING ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt this Ordinance. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Attorney Hardee read Ordinance 80-0-53. AN ORDINANCE ZONING A CERTAIN PARCEL OF PROPERTY LOCATED WITHIN THE CITY OF EDGEWATER, FLORIDA AND SHOWN ON THE OFFICIAL ZONING MAP AS "FPL" INTO THE I-I LIGHT INDUSTRIAL DISTRICT; PROVIDING THAT THE CITY CLERK SHALL CHANGE THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA TO REFLECT SAID ZONING CHANGE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH PROVIDING FOR ADVERTISING OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO. - 5 - o o OLD BUSINESS Mayor Christy asked the Council's pleasure on Ordinance 80-0-58. Councilman Ledbetter made a motion to accept the ordinance. Mayor Christy asked if this was to be accepted as written or with the change of adding to the heighth of the highest structure, to the point of the highest structure. Councilman Ledbetter said that it seems to be 22'. Mayor Christy said that 22' shall be measured from the crown of the road, crown of Riverside Drive, and I would like to have you add to the highest point of the structure. He asked if Mr. Ledbetter would accept that amendment of to the highest point of the structure. Councilman Ledbetter said yes, put it in. Councilman Rotundo seconded the motion. Mr. Mackie said that if this was measured to the highest point of structure, that ranch style homes with flat roofs could be built and no one on the West side of Riverside could see the river if this happened. Mr. Harris agreed with Mr. Mackie and said that if Council was going to change this and make it to the maximum peak, then Council might as well forget two-story buildings, because you would almost have to put flat roofs and I don't think anybody would want flat roofs East of Riverside Drive. He felt that the Ordinance should be left as is because builders are trying to get away from flat roofs as they are unattractive. Mr. Williams said that he was against flat roofs because they would block off more view of the river than any other would. Upon roll call the motion CARRIED 3-1. Councilman Asting voted NO as amended. AUDIENCE MISCELLANEOUS Mr. Siciliano said that the way the Ordinance read now that anyone could come into the B districts and build any kind of home they wanted and get away with it and all the Zoning Board was trying to do was straighten this up by putting it under special exceptions of "a multi-family. He said that right now the ordinance was no good. ~ Mayor Christy said that the Attorney advised him that once an Ordinance was read for the second time and died, it was a dead issue. The only way it can be brought up is to go back through the procedure and re-submit this to council. Mr. Siciliano said that he was not bringing this up to re-vote on it, but he was just trying to enlighten the Council on what they are doing, they are leaving it wide open. He went on to say that the Zoning Board may not want to send it back because they get tired of it being turned down. 2B Mr. Lodico said that he fel t once a issue is dead it should not be brought up week after week NEW BUSINESS None. ADJOURN Councilman Asting said that before we adjourn he would like to have the Council read over the recommendations for the increases for the W/WW Supervisors. Councilman Rotundo made a motion to adjourn. Councilman Ledbetter seconded the motion. Meeting adjourned Minutes submitted by Donna Prevatt - 6 - . o ATTEST: J dirk 0/ Approved this //frl1 day of May 1980. (J ;;? Mayor ~.-; W~J-. Councilman f-z)~ Councilman counc~;;7 / - 7 - ~~ f- ~~