CITY COUNCIL REGULAR MEETING City Hall - Council Chamber 405 Bagshaw Way, Edgewood, Florida Tuesday, June 18, 2024 at 6:30P PM  CITYOF EDGEWOOD FOUNDED1924  MINUTES  A. CALLTO ORDER, INVOCATION, & PLEDGE OF ALLEGIANCE  Councilmember Horn called the meeting to order at 6:30 pm. He asked for a moment of silence and  then led the Pledge of Allegiance. B. ROLL CALL & DETERMINATION OF QUORUM excused from attending the meeting.  City Clerk Riffle said there was a quorum present. Councilmember Rader was ill and asked to be Councilmember Lomas made a motion to excuse Councilmember Rader's absence; seconded by  Councilmember Steele. Motion approved by voice vote (4/0). The following elected officials and staff were present:  City Council and Mayor Richard A. Horn, Council President Susan Lomas, Councilmember Casey McElroy, Councilmember Beth Steele, Councilmember  Staff Members Sandra Riffle, City Clerk Dean DeSchryver, Police Chief Miguel Garcia, Deputy Police Chief Shannon Patterson, Police Department Chief of Staff Stacey Salemi, Code Enforcement Officer Ellen Hardgrove, City Planner Allen Lane, City Engineer Drew: Smith, City Attorney  Absent:  Chris Rader, Council President Pro-Tem  C. ADMINISTER OATH OF OFFICE  Administer Oath of Office Casey McElroy  City Clerk Riffle administered Casey McElroy's Oath of Office, and Councilmember McElroy took  his seat at the dais.  D. PRESENTATIONS AND PROCLAMATIONS  E. CONSENT AGENDA  There were no corrections to the May 21, 2024 meeting minutes.  Councilmember Lomas made a motion to approve the May 21, 2024 meeting minutes as presented,  seconded by Councilmember. Steele. Motion approved by voice vote (4/0).    City Council Regular Meeting F. ORDINANCES (FIRST READING)  MINUTES  6/18/2024  Ordinance 2024-05- Sign Regulations  Note: Ordinance 2024-05 was heard after Boards and Committees. Attorney Smith read Ordinance 2024-05 in title only.  Discussion began between City Council and City Planner Hardgrove about proposed changes to the sign code. She stated that most proposed changes were re-organization and clarity of the existing regulations. She pointed out changes that weren't only for clarity or reorganization including a change to the definition of "flag" in order to differentiate between flags and banner signs. The intent is for flags to bei flags and not signs; current definition could result in a flag being used as a banner. Attorney Smith stated the City cannot regulate the content of a flag. The changes to the flag definition would not create any nonconformities.  The discussion mainly focused on window signs. Planner Hardgrove reviewed the current window signage code. The allowable window signage is not proposed to change, but required compliance is. As proposed, all window signs would need to be in compliance by the end of the year; no fee for the change will be charged. If the proposed change is approved, all businesses will be notified of compliance requirements via BTR letters. Staffi is proposing to add the ability to have neon window signs, such as "Open" signs, in addition to the permanent window signs conditioned upon they do not move, blink, or flash. Council members suggested that color changes within 24 hours also not be allowed. An area for decals was also suggested in addition to the copy area for Discussion ensued about displaying hours as signage and neon signs versus window signs. Councilmember Steele said she favored window signage over neon signs. There was also a suggestion to allow more copy area for a window sign when a wall sign isn't used. The window signs in lieu of wall sign choice would be open to multi-tenant buildings but There was also discussion related to the ability to cover windows for sun/heat protection, with the suggestion being it should be allowed as long as the coverings did not constitute a sign. Staff will continue reviewing the Ordinance before the second reading.  permanent window signage.  must be uniform with all having window or wall signs.  There was no public comment  Councilmember Lomas made a motion to move Ordinance. 2024-05 to second reading; seconded  by Councilmember McElroy. Motion approved by roll call vote (4/0).  Councilmember Steele Councilmember McElroy Councilmember Lomas Council President Horn Councilmember Rader  Favor Favor Favor Favor Absent  Page 2    City Council Regular Meeting H. UNFINISHED BUSINESS . NEW BUSINESS  MINUTES  6/18/2024  G. PUBLIC HEARINGS ORDIMANCIS-SECOND READINGS & RELATED ACTION)  Non-Ad Valorem Assessment FY: 2024-25  City Clerk Riffle explained that FCC Environmental Waste's contract allows them to raise collection rates up to 3% annually. Based on their increasing costs, FCC is requesting an increase of 5.15%t to service the City. There is also a disposal rate, which is the Orange County landfill rate and thati is Mayor Dowless said that FCC Environmental Waste's service has been very good, and he recommended that the City adjust the non-ad valorem rate from $318.93 per month per unit to  expected to increase at least 12%.  $322.23.  There was no objection from City Council. There was no public comment.  Council President Horn made a motion to increase the non-ad valorem rate from $318.93 to $322.23 and increase the collection rate by 5.15%; seconded by Councilmember Lomas. Motion  approved by voice vote (4/0). Resolution 2024-02: Travel Expense Policy  City Clerk Riffle said the City's travel policy has not been updated since 2006. She briefly reviewed proposed changes, including adjustments for per diem, meal reimbursements, and overnight  travel.  There was no public comment.  Council President Horn made a motion to approve Resolution 2024-02; seconded by Councilmember Steele. The motion was approved by roll call vote (4/0).  Council President Horn Councilmember Lomas Councilmember Steele Councilmember McElroy Councilmember Rader GENERAL INFORMATION K. CITIZEN COMMENTS BOARDS & COMMITTEES  Favor Favor Favor Favor Absent  Page 13    City Council Regular Meeting  MINUTES  6/18/2024  Variance 2024-04: 5525. Jessamine Ln. - Rear Setback  Planner Hardgrove said the request is for approval ofa a rear yard variance of 15.5 feet in lieu of 35 feet to allow the construction of al home on the vacant property at 5525 Jessamine Lane. The property is located toward the end of. Jessamine Lane. The property is zoned R-1AA. County zoning applies to this property because it has not had City: zoning established since annexation from Orange County. R-1AAr minimum living area of 1,200 square feet could be built on the property without a setback variance; however, existing historic and specimen oaks would likely be damaged or removed. The variance is requested to save these trees. The property to the north would bei the most affected, but that lot's configuration would minimize the impact ofa a rear setback reduction. A wall is also located along the shared property line. Planner Hardgrove said that saving trees is included as part of the approval criteria. Staff and the Planning and Zoning Board support the request with the condition that the site is developed as Property Owner Nathan Aleskovsky spoke to City Council and said they! have worked with an arborist and tried different ways to fit the house on the lot without disturbing thei trees.  proposed.  There was no public comment. There were no objections from City Council.  Councilmember Lomas made a motion to recommend approval of Variance 2024-04 to allow a rear) yard setback (north property line) of15.5f feet in lieu of County R1AA required. 35 feet conditioned on the site is developed as proposed on the site drawing submitted by the applicant, which maximizes tree preservation. The motion was. seconded by Councilmember McElroy.  Motion approved by roll call vote (4/0). Councilmember Lomas Councilmember Steele Councilmember McElroy Council President Horn Councilmember Rader  Favor Favor Favor Favor Absent  Mayor Dowless complimented the applicant for designing the house around the trees. Variances 2024-02 & 2024-03: 425 Oak Lynn Dr. - Pool Equipment & Fence were discussed  together.  Variance 2024-02 Pool Equipment  Planner Hardgrove said the property owners requested that pool equipment and a fence be allowed in the west 151 feet of the property located at 425 Oak Lynn Drive. She provided the history of the property; specifically, iti is part of a subdivision approved in November 2020 conditioned on the establishment of a 15 feet wide right of way easement along the property's Haverill Drive frontage due to the substandard width of Haverill Drive. The easement, granted by  Page 14    City Council Regular Meeting  MINUTES  6/18/2024  variance, substituted for the Code required dedication of the west 251 feet needed to create a standard right-of-way width for Haverill Drive. As a right-of-way easement, the public has the right to walk on/within the easement and the land could be used for road widening, construction ofas sidewalk, or future utilities such as, but not limited to, central sewer lines. Pool equipment has already been installed 12 feet from the west property line. Code Section 134- 483(e) requires appurtenant fixtures to a residence to conform to building setbacks, which, for the subject property, according to Code Section 134-484(g), would be 15 feet. The equipment location was never reviewed by City staff, and the County must not have been aware of the City's Ina addition, the application submitted toi the County included a survey that did not show the west 151 feet of the subject property as a right-of-way easement, although the easement does appear on the plat. The equipment could have been located on the north: side oft the house in accordance Planning and Zoning recommended approval to allow appurtenant fixtures to the residence to be 12 feet from the west property instead of 15 feet, conditioned on City Council's approval ofa right-of-way utilization permit and property owner acceptance that should the City need to use the right-of way easement ini the future, any fixtures or equipment without the easement will be  regulations.  with the Code.  removed at that time solely at the owner's expense. Variance 2024-03 Fence Location  The property owner would like to erect a 6-foot-high fence, 10 feet from the west property line within the easement. Planner Hardgrove said the fence could be placed in accordance with the Code outside the easement by extending it directly north from the northwest corner of the house. Planning and Zoning recommended approval with the condition that if the city needs the right of  way in the future, the property owner must move at their own expense.  Discussion ensued amongst the Council.  Planner Hardgrove and Attorney Smith reiterated that the easement did not appear on the survey that was submitted with the fence application, nor the survey used for construction of the house Mayor Dowless said that if the variances are approved, the right-of-way use agreement will need to be recorded in official County Records. Attorney Smith: said this will require an executed right of way agreement. In response to Council President Horn, Attorney Smith said the requests are not the result oft the owner's actions. If the easement had appeared on the survey, it would have been determined that the Code would not allow the location of the pool equipment. Orange County did not ask the question. He said that Planning and Zoning found that the applicants did not create Attorney: Smith said use of the right-of-way in the future is somewhat unlikely. Planner Hardgrove said the only thing she could think of would be installing central sewer lines for the neighborhood.  and the pool.  the situation.  Page 15    City Council Regular Meeting  MINUTES  6/18/2024  Applicant Steven Betancourt said they found out about the situation after the pool was built. Itis Councilmember Lomas noted that both the surveyor and Orange County missed the easement. Council President Horn made a motion to approve Variances 2024-02 and. 2024-03 425 Oak Lynn Drive, to allow equipment appurtenant to the residence to be 12feet from the west property line instead of 15 feet; and to allow a 6feet high fence 10 feet from the west side property line, both conditioned on a right-ofway utilization permit and acceptance that should the City need to use the right-of-way easement in the future, any qupment/ppurtenant/accessory fixtures/fence within the easement will be removed at that time solely at the owner's expense. Councilmember Lomas seconded the motion. Motion approved. by roll call vote (4/0).  very costly to move everything.  Councilmember Lomas Councilmember Steele Councilmember McElroy Council President Horn Councilmember Rader  Favor Favor Favor Favor Absent  M. STAFF REPORTS City Attorney Smith  Attorney Smith gave an update on Forms1 and 6. AU US District. Judge issued a preliminary injunction against the law requiring elected municipal officials to file al Form 6. The impact of thei injunction is temporary, but it is a good sign. Councilmembers can now file al Form 11 for this year.  Police Chief DeSchryver 1. May 2024 Report  Chief DeSchryver said that. June was Law Enforcement Appreciation Month. He said the Councilmember Lomas asked if the lighted sign on Holden Avenue could be put back in place. Attorney Smith explained that the sign would be lawful onlyi in the City limits and there is no place Councilmember Lomas read City Code Section 62-2 Truck traffic prohibited on certain road segments. She would like the Police Department to note which trucks are driving through. Councilmember McElroy said he thought that the lighted sign on Gatlin Avenue has helped. Chief  community supplied lunches and snacks.  for trucks to turn around.  DeSchryver said they would pull the data.  Mayor Dowless suggested putting another sign for the budget.  City Clerk Riffle No report  Page 6    City Council Regular Meeting N. MAYOR AND CITY COUNCIL REPORTS Mayor Dowless No report. Council Member Lomas  MINUTES  6/18/2024  Councilmember Lomas said she attended the monthly Community Action Board and volunteered to She said there are sO few people on the Board that the last meeting brought ini nine new board members. Their budget could not be approved because the numbers were sO wrong.  serve on the Executive Committee.  Council Member McElroy No report Council Member Rader Absent Council Member Steele No report Council President Horn No report  O. ADJOURNMENT  Councilmember Steele made a motion to adjourn the meeting,at8:32 pm.  LUT Richard A. Horn, Council President  Sandra Riffle, City Clerk ZaBpe  Pagel 17