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04-10-1975 - Regular u u . THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD APRIL 10,1975 Tape 1 Side A o min. The regular meeting of the City Council of the City of Edgewater, Florida was called to order April 10, 1975, at 7:30 P.M., by Mayor David C. Severance. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman William Cairnie Councilman Walter B. Sikes Councilman Calivn R. Dietz City Manager Dale Bryant City Attorney Joseph Weaver Chief of Police Katez Present Present Present Present Present Present Excused Present INVOCATION SALUTE TO FLAG At this time Mayor Severance stated that he would like to give the floor to a man who approached him just prior to this meeting, Mr. Tom King, from the Red Cross office in Daytona, who has a presentation he would like to make. Mr. King spoke to the Council and the audience, about how Mr. Robert Christy has stimulated the interest in the safety program within the community. The Board of Directors have prepared a plaque to be presented to Mr. Christy in appreciation for his leadership in the preservation of human life through first aid and disaster programs. At this time Mr. King presented Mr. Christy with this plaque. APPROVAL OF MINUTES Councilman Cairnie made a motion to approve the minutes of the Public Hearing March 26, 1975 and the regular meeting, March 26, 1975, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS Councilman Cairnie made a motion to pay the bills, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. 5 min. PROCLAMATIONS Mayor Severance read a proclamation establishing April 13th through April 19th as National Library Week in Edgewater. Mayor Severance read a proclamation establishing April 20th through April 26th as National Realtor Week. u u COMMUNICATIONS Certification of Posting Clerk's Cash Statement General Fund Budget Report The City Clerk read a letter from the Fire Department requesting financial assistance in obtaining a pager call system. 10 min. Mayor Severance read a letter from the County Civil Defense stating that they will match $6,782.00 for the purchase of the encoder and pager. Mr. Blackwell stated that the cost of this was approximately $8,000.00 including the encoder to go in the dispatcher's office. Mr. Christy spoke to the Council about this. He stated that he will be getting the specifications from Mr. Read in the next couple of days, and he would like to advertise for bids as soon as possible. Mr. Nichols described the pagers to the Council. 15 min. Councilman Dietz made a motion that we instruct the men involved to go ahead get the specifications and get together with the City Manager and meet with the City Counctl at the next workshop so that they can go over the specifi- cations and at that time we will make the proper action, being seconded by Councilman Cairnie. Councilman Lodico asked why this has to come back to the Council? These men know more about what they want than the Council. Councilman Dietz stated that he agrees, he really wouldn't know what they are talking about. Councilman Dietz made a motion that we instruct these gentlemen to get their specifications from Mr. Read, meet with the City Manager, decide on what they want, advertise and get the bids back at the earliest possible date and get this expedited, being seconded by Councilman Lodico. 20 min. There was some discussion about the first time this was advertised. Upon roll call vote said motion CARRIED. Mayor Severance stated that the next item is a siren for the Fire and Civil Defense Departments. 25 min. Councilman Dietz asked why the siren is now necessary when we are getting the pagers and encoder. Mr. Christy spoke on the system that we have now being inadequate and he explained that the siren will be a two-toned siren, and will be put in at the water tower in Florida Shores. Tape 1 Side B o min. Councilman Sikes questioned if this siren could be heard at the school playground? Mr. Christy stated yes, this will be a warning system which will be heard City wide. Councilman Sikes made a motion that we authorize the Fire Chief, City Manager, Civil Defense Coordinator to review specifications and present them at the next regular meeting so that we can go out for bids for the warning system-- siren and equipment, being seconded by Councilman Dietz. Councilman Dietz and Councilman Sikes withdrew their motion and second. -2- , o u Councilman Dietz made a motion that we go ahead and authorize the Civil Defense, Fire Chief and City Manager to draw up specifications and ad- vertise for bids to be returned as soon as possible to be presented to the Council, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. The City Clerk read a letter of recommendation from the Board of Adjust- ments in regard to the variances which were discussed at their Public Hearing April 7, 1975. 5 min. CASE A - Mr. and Mrs. Dupont Murphey, 2008 South Riverside Drive are requesting a variance in the setbacks required for the rear yard so they can construct an addition to their present home. Councilman Lodico made a motion to accept the recommendation of the Board of Adjustments, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. CASE B - Harris Construction is requesting a variance for side setbacks on the property at 104 Yelkca Terrace, for the construction of a two story, two family home to include a business on the first floor. Action will be held up on this until after the amendments are read. CASE C - James Cartee d/b/a Government Builders, Inc. requests a variance on the Lots 20,30, 32,34,46 and Lot 50 Pointer Sub., No.1 for the purpose of constructing single family residences on each lot. Councilman Dietz asked for a little explanation about this. Mayor Severance stated that Mr. Weaver had a lot of answers about these things, however he is not here due to the fact that he is out of town on a murder trial. Mayor Severance read the part of the Public Hearing minutes in regard to this. He asked Mrs. Woodard if the reason for this being denied was be- cause it was not advertised properly? Mrs. Woodard stated that this is incorrect, it was denied because the gentleman caused his own hardship at the time he bought the property knowing what the zoning laws were. He is going to request on a lot size, which is an entirely different matter. 10 min. Councilman Cairnie asked if this is zoned R-4? Mrs. Woodard stated that it is. Councilman Cairnie stated that he read the R-4 zoning and he couldn't find anything about the side setbacks. Councilman Sikes made a motion that we abide by the recommendation of the Board of Adjustments, being seconded by Councilman Dietz. Mrs. Nichols asked if the Zoning Board would be instructed to amend this and spell out the specifications for a single family dwelling in this zone. Mayor Severance stated that this needs to be looked into and he will speak to the attorney about this. Upon roll call vote said motion CARRIED. The City Clerk read another letter from the Board of Adjustments requesting that Section IIEII Article IX, page 124 be eliminated from the Zoning Ordinance. At this time Mrs. Woodard was given the floor to speak on this. -3- 15 min. 20 min. 25 min. Tape 2 Side A o min. 5 min. 15 min. Q u Mayor Severance stated that this was discussed before and the attorney has already been instructed to draw up an amendment to this Ordinance, changing the word repealable to ratify. In order to reverse this another Public Hearing will have to be called. Mrs. Woodard spoke that she feels that the time saving is most important in regard to this and that the public should not be shuffled back and forth. Councilman Lodico asked if the Council wanted to build something and it needed a variance who would they go to? Mrs. Woodard stated that the attorney would have to answer that. Councilman Lodico asked who does someone go to to have the fee waived? Mrs. Woodard stated that she doesn't feel anyone should be shown favoritism. Councilman Dietz stated that the City has advertised for a Building Inspector and a man who will be up on all the Zoning Laws, and he will be the man to go to and to make the decisions and refer the people where to go. Mr. Murphey spoke to the Council about how long he has been waiting to get the variance. Councilman Dietz stated that the Council is not holding these variances up, it would not be over two weeks at the most before the Council will get the recommendations from the Board of Adjustments. Councilman Dietz explained that we are considering hiring a Building Inspector who will be up to date on this Zoning and he will take a load off of the City Manager and the City Clerk and even the City Attorney, and this will save a lot of the problems. Mrs. Woodard asked if there is a good reason why the Council does not want to eliminate this section? Councilman Dietz asked why she wants all of this authority? Mrs. Woodard stated to save time for the people wanting these variances. Councilman Dietz stated that the Council is not causing the people to wait that much. Mayor Severance stated that the Council had the right to add this section in as they saw fit, and he explained again that another change will re- quire another Public Hearing. Mr. Taylor stated that he objects violently to having this board put itself in a position where it has to spend $500.00 to $1,000.00 to merely change a decision and that this is what it will cost if it has to go to court. At this time Mayor Severance read from the Zoning Ordinance that amendments to this Ordinance can not be made except for certain times and only four times a year, without declaring it an emergency. ' Mr. Cameron was given the floor,and he stated that he has been brought up to date on his water meter situation. He questioned whether if his fire hydrant was used to put out a fire outside of his trailer park, will he be billed for the water which was used? -4- u o Mayor Severance explained that the action that was taken in regard to this was that a straight meter would be installed and a mathematical method would be used in regard to his bill. 20 min. Councilman Lodico stated that this was not on the agenda for tonight and he feels that we should discuss it at our next workshop. RESOLUTIONS: None ORDINANCES: ORD. NO. 922 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING RESIDENTIAL USE TO THE LIST OF PERMITTED USES IN THE ZONING CLASSIFICATIONS OF B-1 THROUGH B-6 OF ORDINANCE NO. 880, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. Mayor Severance stated that he would like to add that this is not what the attorney was instructed to draw up; this is only half, Industrial 1- 1 and 1-2 should also be listed in this Ordinance. 25 min. Mayor Severance read the Ordinance in full. Mayor Severance stated that this doesn't speak to the Industrial nor the Residential commercial combination, which we wanted specified in the Ordinance. Councilman Dietz questioned how this will effect the Harris situation. Mayor Severance stated that he doesn't think it will in any way. Mayor Severance stated that we should act on this Ordinance however. Tape 2 Side B o min. Councilman Lodico asked if we act on this one, will another one have to be drawn up? Councilman Dietz asked why we don't adopt this Ordinance with specifications for changes to be made. Councilman Dietz made a motion that we accept this Ordinance with the adoption of the changes to incorporated single family residences in conjunction with commercial businesses, also to include the Industrial classifications. Councilman Sikes stated that you are talking about a single family residence; the Harris' are talking about a two story, two family building. Mayor Severance explained that at the special meeting a motion was made that we would permit special exceptions to the Harris' but it would not set a prescidence. Councilman Cairnie seconded Councilman Dietz's motion. Mrs. Nichols asked if the Harris' now have to wait until the second reading of this Ordinance before they can start their building. Mayor Severance explained that it could be declared an emergency. Upon roll call vote said motion CARRIED. Councilman Sikes made a motion to declare this Ordinance an emergency, being seconded by Councilman Dietz. -5- o u 5 min. Councilman Lodico asked how you can declare an Ordinance an emergency after reading it? Mayor Severance stated, yes, that it should have been declared an emergency before it was read. There was much controversy in regard to this. Mayor Severance stated that he feels that without declaring it an emergency we could have a seperate motion to allow a waivor to the Harris to go ahead with construction of their particular project. Councilman Dietz stated that this could not be done, because the recommendation from the Board of Adjustments was based on the passing of an amendment, so therefore a waivor would be illegal. He stated that he can see nothing wrong with declaring it an emergency. Mayor Severance explained that it should have been declared an emergency before it was read to be legal. City Manager Bryant stated that the Council could make a motion to declare the following motion an emergency, then read the Ordinance by title again, and make a motion to adopt it. Mayor Severance explained that we should have a motion to declare all the Ordinances amending Ordinance 880 an emergency. Councilman Dietz withdrew his second, Councilman Sikes withdrew his motion. 10 min. Councilman Dietz made a motion to declare an emergency on the amendments to all ordinances referring to Ordinance No. 880. Mayor Severance stated that this is just so that we can make the amendments outside of the months listed in the Ordinance. It does not waive the second reading. There was much confusion in regard to this. Mayor Severance read the section in the Zoning Ordinance in regard to the months of the year during which amendments can be made to this Ordinance. Councilman Cairnie seconded Councilman Dietz's motion. Upon roll call vote said motion CARRIED. Councilman Dietz stated that this Council would waive and make a variance to the Harris' so that they could go ahead and start construction prior to the second reading of this Ordinance, as recommended by the Board of Adjustments, being seconded by Councilman Sikes. Councilman Lodico stated that he does not understand this motion at all. 15 min. After much discussion and controversy, Councilman Sikes withdrew his second and Councilman Dietz withdrew his motion. Councilman Dietz made a motion that we declare the Ordinance amending the Code of Ordinance of the City of Edgewater, Florida, by adding resi- dential use to the list of permitted uses in the Zoning Classifications of B-1 through B-6 also the amendments to this Ordinance being the ad- dition of single family residences and commercial business in conjunction and together a combination and also include 1-1 and 1-2 being seconded by Councilman Cairnie. Mayor Severance stated that only this motion is being declared an emergency, and this is the only one which the second reading is being eliminated. Upon roll call vote said motion CARRIED. Councilman Lodico voting NO. -6- Q o 1 I 20 min. ORD. NO. 923 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING THE PREAMBLE PARAGRAPH TO ARTICLE IX OF ORDINANCE NO.880 BY REQUIRING ALL DECISIONS OF THE BOARD OF ADJUSTMENTS TO BE RATIFIED BY THE CITY COUNCIL REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. Mayor Severance read this-Ordinance in full. There was discussion about the word "shall" be ratified; whether this means the Council will always ratify a recommendation from the board? Councilman Cairnie made a motion to table this until our next meeting, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. ORD. NO. 924 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING SECTION 706.00 OF ORDINANCE NO. 880 TO PROVIDE THE HEIGHT OF FENCES ON LOTS OTHER THAN CORNER LOTS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. Mayor Severance read this Ordinance in full. 25 min. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Councilman Dietz asked if we could consider having a deputy City Attorney to attend the meetings in Mr. Weaver's absence? Tape 3 Side A o min. Mayor Severance stated that this will be discussed at the next workshop. Mayor Severance stated that at this time we have to go back to the letter from the Board of Adjustments and consider Case B - Harris Construction is requesting a variance for side setbacks on the property at 104 Yelka Terrace, for the construction of a two story, two family home to include a business on the first floor. Councilman Cairnie made a motion to adopt the request by the Board of Adjustments, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. OLD BUSINESS: None NEW BUSINESS: Mayor Severance spoke on the basketball court east of the shuffleboard courts. Councilman Sikes made a motion that we authorize the City Manager to proceed with the plans and present them to the Council excluding the lights, being seconded by Councilman Dietz. Councilman Cairnie asked Mr. Schell if this will interfere with the Shuffleboard? Mr. Schell stated that in no way would it interfere. Upon roll call vote said motion CARRIED. Mayor Severance stated that the rotation of the wrecker service is the next item on the agenda. -7- " o u '~ , The floor was given to Mr. Norm Morris, who spoke to the Council about this service and the way it is handled. He stated that they have posted rates, which are approved by the Highway Patrol, there may be extra labor in certain circumstances. Chief Katez explained how the wrecker rotation system works. 10 min. Mr. Morris explained that if it was an emergency where someone's life was in danger, none of the wrecker services would mind if the closest service was called rather than the one whose turn it is. He also explained that if the service has a wrecker which is out being repaired, they are to notify the police so that they can be taken off of the list until the wrecker is back on call. This way no one waists time calling them. Councilman Sikes made a motion that we enter into a wrecker service ro- tating with approved Florida Highway Patrol services, being seconded by Councilman Dietz. Chief Katez asked if this means that if a wrecker service is not approved by the Florida Highway Patrol, that service is not to be used? Mayor Severance stated that this is correct. 15 min. Mr. Morris stated that they have liability insurance on anything that they touch. Upon roll call vote said motion CARRIED. MISCELLANEOUS: Paul Walls spoke that he would like to commend the road department on the work they are trying to do in Florida Shores. He asked if wehave a road program? Mayor Severance stated that Briley, Wild are working up a study plan on the septic tank situation, this report will include the cost of paving in Florida Shores. Councilman Dietz questioned why the shell out of the lakes could not be dug up and used? He stated that this should be looked into. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Meeting adjourned - 9:45 P.M. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler , ATTEST: ~~JJia-J~ City Cl erk Approved th is .1 ctv day of >~A~ Ma r -8- ~ GENERAL FUND City of Edgewater WW & SS Florida Power & Light Co. Southern Bell Zayres City of Edgewater City Auto Supply New Smyrna Auto Parts Edgewater Electric Stan's Transmission Edgewater Motors Edgewater Manufacturing New Smyrna Beach News Taylor Brothers Tires Ropp's Automotive Magnolia Lawnmower John R. Caldwell Southern Paint Lynn Loomis Dwights Tom Mitchell Lumber Co. Fisher's Body Shop J.J. Vaughn Ford-Mercury National Chemsearch News-Journal Corp. Diversified Electronics New Smyrna Builders Supply SouthEastern Products New Smyrna Plumbing Supplies Daytona Bch. Com. College Robert H. Christy James Nichols New Smyrna Bch. Police Dept. Oak Hill Joseph E. Weaver WATER & SEWER o BILLS & ACCOUNTS APRIL 10, 1975 Street, F.D. Gen.Gov.,C.C.,F.D.,B.P.,P & P Gen.Gov.,B.P.,F.D. Street Petty Cash P.D., Street Street Misc.Street Street F.D. Street Gen. Gov. Street, P.D. P.D. Street P.D. Street Street Gen.Gov. ,Street, P.D. Gen. Gov. P.D. Street Street Gen. Gov. P.D. ,F.D., Gen. Gov. Street, P & P, B.P., C.C. Gen. Gov. Com. Center P.D. C.D. C.D. P.D. Vol. League of Municipalities City Attorney " 25.85 273.41 1,311.45 39.90 12.06 64.66 20.38 130.71 240.00 14.60 5.83 19.60 318.00 40.60 99.95 30.00 8.50 358.00 23.06 19.70 82.69 97.84 529.04 3.85 68.75 71.22 62.00 17.44 60.00 19.60 9.60 117.00 98.20 107.50 4,302.79 City of Edgewater WW & SS Sewer 5.50 Florida Power & Light Co. Water and Sewer 357.79 Edgewater Manufacturing Co. Water and Sewer 4.05 Southern Bell Sewer 18.33 City Auto Supply Water 1.30 Dobbs Electric Motor Water 244.58 Public Gas Sewer 18.20 Ropp's Automotive Water 13.50 Daytona Fire & Safety Equip. Sewer 61.70 National Chemsearch Sewer 331.48 Hall Machine Works Sewer 5.00 Dewitt Chemical Company Sewer 40.10 New Smyrna Builders Supply Sewer 114.32 Badger Meter Water 19.55 Diversified Electronics Water 4.75 Sav-On Utility Water 162.74 All State Pipe Supply Water 63.51 Hughes Supply Water 60.60 New Smyrna Plumbing Water 4.24 Briley, Wild & Associates Water and Sewer. 215.83 Russell Labortories Inc. Water 90.00 Petty Cash Water and Sewer 17.26 1,854.33