Loading...
05-05-1980 - Regular ~~ -\.... /' o OJV\ u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING May 5, 1980 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 Zone 3 Councilman Neil J. Asting City Attorney ProTem Charles Hardee City Clerk Joseph Herget Police Chief Earl Baugh INVOCATION Present Present Excused Vacant Present Present Present Present Rev. Boggs gave the Invocation. SALUTE TO FLAG:. APPROVAL OF MINUTES Councilman Rotundo made a motion that the Council approve the minutes of the April 24, 1980 Special Meeting. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. Councilman Asting made a motion that the Council approve the minutes of the Regular Meeting of April 28, 1980. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. BILLS AND ACCOUNTS Councilman Asting made a motion that the Council approve the bills for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. VACATION On April 7, 1980, the Council passed Resolution No. 80-R-151 an Intent to Vacate Certain Portion of Fourteenth St. lying between Lots 2131 Block 48 and Lot 2130, Block 47 in Florida Shores. This property belongs to Gary and Mary Hine and they have requested the City vacate this strip of land. Mayor Christy asked if there were any persons who objected to the City vacating this property. There were no objections from the audience. Councilman Asting made a motion that the Council authorize the City Attorney to draw up the necessary ordinance vacating this property. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. COMMUNICATIONS The City Clerk said that Councilman Asting had requested to be on the agenda to address the Council concerning Council matters. Councilman Asting made a motion that the Council solicit resumes from persons who lived in Zone 3 that were interested in filling the vacant Council seat from that district. These resumes should be submitted to the City Clerk no later than 4:00 P.M. on May 14, 1980. These resumes will be considered by the Council at the regular meeting on May 19, 1980. Councilman Rotundo seconded the motion. " ' ~I o Q Mr. Cochran, 9 Silver Circle, questioned this procedure for filling the seat vacated by Mr. Glaser. Councilman Asting read from Section 13 of the Municipal Code that states a vacant Council seat is filled by appointment by the Council. Mr. Macino, 2508 Mango Tree, asked if there was a residency requirement. Mayor Christy said that they must live in Zone 3. Upon roll call the motion CARRIED 3-0. Councilman Asting also asked that the Council reconsider Ordinance 80-0-54 and 80-0-55 and put them on tonight's agenda. Mayor Christy said that he would place them on the agenda after the regular Ordinances that were scheduled to be read. The City Clerk read a letter from Mr. H. A. Franke regarding the boat ramps at the Park and Pier. Mr. Franke also asked if something could be done about the parking situation. Mayor Christy said that the Board of Governors was working on this problem. It would be difficult to fill in the hole at the end of the ramp because the Corps of Engineers does not allow any fill in the river. He asked the Police Chief for information on the possibility of charging for parking or collecting fines for parking in unauthorized areas. Chief Baugh said that he had been in touch with Daytona Beach concerning the charging of parking fees and there seems to be more legal aspects in putting up no parking signs in certain areas or in havirig~the City collect the fines directly rather than going through the County. He is waiting for information on this and will report back to the Council. He will check this over with the City Attorney. Mayor Christy read a letter from a resident who had complained about people parking on his lot next to City Hall. The Chief had assisted the Mayor in putting up a barricade to prevent cars from using the private lot. Councilman Asting asked if the City owned the Park and Pier? Mayor Christy said that we did. Councilman Asting asked why we couldn't charge for the use of the boat ramps? Mayor Christy said that the Board of Governors had discussed this possibility but it would need careful study because it could cost more for setting up the procedure for collecting fees than the amount that might be collected. Councilman Asting said he had heard that we have a lot of people using this area. Chief Baugh said that at certain times there was a serious parking problem. Sometimes the cars are parked way up Park Ave. and even in the church parking lot. Mayor Christy said that he would check with the Board of Governors concerning their recommendations on the possibility of collecting some revenue from the Park and Pier. There was no Council action taken on this letter. 2 o o The City Clerk read a letter recommending that the City Council make an amendment to the City Charter concerning a residency requirement for candidates for Mayor and City Council. No person shall be certified as a candidate for Mayor or Councilman who has not resided and been a registered voter in the City of Edgewater for a period of one year preceeding such election. Attorney Hardee said that many Florida towns have residency requirements and there is nothing in the State statutes that says a municipality cannot set such requirements. He did not feel that a requirement of one year was out of line. Councilman Asting made a motion that the Council accept this recommendation and authorize the attorney to draw up the necessary ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read an application for a Home Occupational license from Mr. Vanzin of Sabal Palm. Mr. Vanzin is applying for a builder's license. Councilman Rotundo said that most of the builders in the City had offices in commercial areas. He hesitated to allow a Home Occupational license for this type of business. Councilman Asting said that he believed we had issued Home Occupational licenses to builders. \ ~, Mayor Ch~isty said that we granted those for just the use of the phone. Councilman Asting said that Mr. Vanzin had stated he just wanted to use his home for telephone calls. Mayor Christy said that he believed most of the builders had a business phone but also used their home phone for after hours calls. Mr. Vanzin said that he was presently using a miniwarehouse for storage and could use this as his business address. Councilman Rotundo made a motion that the Council deny the request for a Home Occupational license. Councilman Asting said that he would like to see Mr. Vanzin establish a business phone but also be able to list his residence. Councilman Rotundo said that he just wanted to deny the request for a Home Occupational license and have Mr. Vanzin get a business address. He could include his home phone for other phone calls. Councilman Asting said he would second Councilman Rotundo's motion to deny. . Mrs. Webber reminded the Council that the City Attorney had requested they table Home Occupational licenses until he can report to the Council on some control over these licenses. Attorney Hardee said that without seeing the ordinance, he would have to say if the builder wished to conduct business in his home he should probably have a Home Occupational license as well as a business license. Probably there are a number of builders who use their home phones as well as their business phones and do not have a Home Occupational license. Under the letter of the law they should probably have another license. Councilman Asting said that Mr. Vanzin could list his home phone in addition to his business phone. Upon roll call the motion CARRIED 3-0. COORDINATORS REPORTS Councilman Rotundo No report. Councilman Asting said he would like to have the Lighting Committee meet sometime this week. There have been a number of requests for street lights and they should be checked out. He asked Mr. Opal and the Police Chief if Thursday at 10:00 a.m. would be convenient? 3 o o City Attorney Pro Tern No report. City Clerk No report. Mayor Christy No report. RESOLUTIONS The Attorney read Resolution No. 80-R-154. A RESOLUTION GRANTING A VARIANCE TO MABEL C. LOUTREL, MATHEIS H. AND DORIS A. ELLING, HIS WIFE, 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 that the Council adopt this Resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. ORDINANCES Ordinance No. 80-0-52. This ordinance refers to taxicab businesses and the City Attorney has requested that the reading of this ordinance be TABLED until next week. Mayor Christy said that there was more information needed on this ordinance. Councilman Asting made a motion that the Council TABLE this ordinance until May 12, 1980. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. The Attorney read Ordinance 80-0-58. AN ORDINANCE AMENDING SECTION 602.02(c), R-1A SINGLE FAMILY RESIDENTIAL DISTRICT, BY PERMITTING SINGLE FAMILY TWO-STORY RESIDENCES WITH A MAXIMUM HEIGHT LIMITATION OF TWENTY-TWO FEET AS A SPECIAL EXCEPTION IN SAID DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this ordinaric~. Councilman Rotundo seconded the motion. Mr. Millard asked the Council if they could include on the height that it would be to the highest point of the roof rather than the average height? Councilman Rotundo said that it was 221 to the highest ridge of the roof. Attorney Hardee said that according to the Southern Standard Building Code the height as applied to a building means the vertical distance from grade to the highest finished roof surface, in case,:of a flat roof, or to the average height of roofs having a pitch of more than 1 ft. to 4~ ft. Height of buildings and stories does not include basements and cellars, etc. Councilman Rotundo said he would withdraw his second. There was further discussion about the measurement of the 221 from the crown of the road. Councilman Asting said that he did not see any reason for this change. Atty. Hardee suggested that perhaps they could measure to the highest point of the structure. Councilman Asting said that he could not see any reason to withdraw his motion to adopt this ordinance as it was"read. , Mayor Christy said that Councilman Rotundo had withdrawn his second and they would need a different motion to change the point of measurement. Councilman Asting said that he would not withdraw his motion. The motion to adopt the ordinance, died for lack of a second. 4 o <) There was more discussion about the way to measure the height. Councilman Asting said that he felt this was discriminatory against people who owned property east of Riverside Drive. Councilman Rotundo made a motion that the Council TABLE this Ordinance until next week (May 12, 1980). Councilman Asting seconded the motion. Upon roll call the motion CARRIED 2-1. Mayor Christy voted NO. The Attorney read Ordinance 80-0-54 (Placed on the agenda as requested by Councilman Asting.) AN ORDINANCE ZONING CERTAIN PARCELS OF PROPERTY PRESENTLY KNOWN AS ICEfvlETERY", "EDGEWATER PUBLIC SCHOOL" AND "CHURCH" INTO THE R-4 MULTI- FAMILY 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 AND PROVIDING FOR THE ADVERTISING OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. 2a MayoriChristy said that the word City Clerk should be changed to City Planner. Councilman Rotundo made a motion that the Council adopt this ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. The Attorney read Ordinance 80-0-55. (Placed on the agenda as requested by Councilman Asting) AN ORDINANCE AMENDING SECTION 603.03(3), R-5A MULTI-FAMILY DISTRICT; SECTION 603.02 (3), R-5 MULTI-FAMILY DISTRICT; SECTION 607.01(4), R-4 MULTI-FAMILY DISTRICT; SECTION 606.03(3), B-4 TOURIST COMMERCIAL DISTRICT; SECTION 606.01(3), B-2 NEIGHBORHOOD BUSINESS DISTRICT; SECTION 607.00(3), I-I LIGHT INDUSTRIAL DISTRICT; SECTION 607.01, 1-2 HEAVY INDUSTRIAL DISTRICT AND SECTION 607.02, 1-3 INDUSTRIAL PARK DISTRICT BY REDUCING BUILDING HEIGHTS IN SAID ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. This was a first reading for both the above ordinances. The City C~erk will advertise the second reading of these ordinances as required by law. OLD BUSINESS Magnuson - Vacate Evergreen. The Magnuson Corp. has requested that the City vacate a 50' right-of-way at 16th St. and Evergreen between blocks #10 and #13 located in Florida Shores Section #1. Mayor Christy said that the City Attorney had told the Council that they could not charge for this property. Attorney Hardee said that when someone dedicates a street they are basically giving to the City a right of use or more or less an easement of the property so if that property is vacated the underlying fee goes back to the owner of the property. The City would be cancelling the easement and allowing the underlying fee of simple ownership to go back to the property owner. (i It would go from the center of the street to the two owners on either side of the street, which in this case is owned on both sides by Magnuson. Councilman Rotundo asked what this property was zoned. Mayor Christy said it was I-I. Councilman Rotundo asked what the permitted uses in I-I were? Councilman Asting asked if the Council could get the opinion of the Chairman of the Zoning Board in this matter. 5 o o Mr. Mackie, Chairman of the Zoning Board~ said that he had not had an opportunity to study this. The Board was not notified about this but I-I would be Light Industry. Mayor Christy read from the Code Book the permitted uses in the I-I Light Industrial District. Mr. Mackie said that if Magnuson Corp. was to build in this area, the site plan would have to go to the Zoning Board for their approval before they could build. Councilman Asting asked when the next Zoning Board meeting would be held? Mr. Mackie said that the Board met tomorrow night (May 6, 1980). j Councilman Asting asked Mr. Rotundo if he had any objection to asking for an opinion on this from the Zoning Board? Councilman Rotundo did not object. Councilman Asting made a motion that the Council refer this to the Zoning Board for their comments .and recommendations. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. AUDIENCE MISCELLANEOUS There were no comments from the audience. NEW BUSINESS Mayor Christy said that .there was nothing on the agenda on new business. Councilman Asting said that he would like to bring up something under new business. Councilman Asting made a motion that the annual salaries of Supervisors Feeney, Bosse and Wadsworth be raised from $12,200. to $13,000. These men have to be certified by the State or they cannot operate water and wastewater facilities. They must continually study and take courses to meet the DER requirements. They deserve this raise. Councilman Rotundo seconded the motion. Councilman Rotundo asked if this money had been budgeted? Councilman Asting said that it had been budgeted. Mrs. Webber asked what grade operators these men were. Councilman Asting said that Mr. Feeney had a liB II license. Mr. Wadsworth and Mr. Bosse both have "C" licenses. They are working on their "B" licenses. Mrs. Webber suggested that the Council wait until after they get these licenses before giving a raise. Councilman Asting said that there was a billing clerk at City Hall that is drawing $200 a year more than the Supervisors. These men are family men and they need the increase. These men are subject to call 24 hours a day and they always respond. Mayor Christy said that he would like to know when they got their last raise and he would like to know more about this and not have it brought up this way at a meeting. Upon roll call the motion CARRIED 2-1. Mayor Christy voted NO. Mayor Christy asked Mr. Copeland, Supervisor of the Street Dept. to explain to the Council about some more information they had received on a possible answer to some of our paving problems. 6 o o Mr. Copeland said that Towers Paving is using a new rotor tiller for putting in soil cement. They will be paving at Wildwood Subdivision and it might be a good idea if the Mayor and Council could go out to Wildwood when they start paving to see how this process works. They will put in a 6" soil cement base and cap it with 111 asphalt. Mr: Towers suggested that in Florida Shores, if the City was to use the soil cement process and maybe use RC-70, he has a spray machine where you can run the temperature up to 1500 when we are putting it down and spray this good with RC-70 and then cap it with red sand. This could be ~done at a minimal cost to the City. Asphalt has gone up $8.00 a ton. The paving companies are getting away from using asphalt because of the increased cost. Lone Star has tankers and they float the concrete out of the back. Councilman Asting asked if the City had the equipment to do this work? Mr. Copeland said what the City needs is a water tanker. The ground has to be saturated with water. Then you use a machine to cut in the cement base. The RC-70 has also increased in price but if we only use it as a sealer it would not be too expensive. He would like to check more on this soil cement process. Mr. Towers has said that if the City would pay for the cement and the materials, he would be willing to use his equi pment and demonstrate this process on a.:sbort.,stretch of road to see if this would be what the City might wjnt to use. Mayor Christy asked Mr. Copeland if he would get more information and then get with Councilman Ledbetter to present this. Mr. Copeland said the City did not have the water tank~r, roller-or the sealing machine that Mr. Towers has but Mr. Towers could help the City. Councilman Asting said that this process is just about what he proposed two years ago. He had talked with L&M paving and they suggested a soil cement base with an inch coating of asphalt which at that time would have run about $4.00 for each side of the road per ft. We have to cover the soil cement base because it would become chopped up in a short period of time if we did not. Mayor Christy thanked Mr. Copeland for his presentation to the Council. Councilman Asting made a motion to adjourn. the motion. The meeting was adjourned. Councilman Rotundo seconded ....... ~. Minutes submitted by: Nancy B1azi CI ?-7- jJle)) /' ATTEST: ~)j.~ r- y C1er~ Approved thisIJ.t?/day of May, :8~ 1t4;' ~7J.;(: /nY' Mayor Councilman ~UL' Councilm I '1 k - --........... --