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02-20-1978 - Regular ., '. u (,,) CITY COUNCIL OF THE CITY OF EDGEWATER Regular Meeting HELD: February 20, 1978 .,r----- Mayor Christy called the regular meeting of the City Council of the City of Edgewater, Florida to order at 7:00 P.M. on February 20, 1978 in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION The invocation was given by Rev. Higgs SALUTE TO FLAG APPROVAL OF MINUTES Councilman Shell made a motion to approve the minutes of the Public Hearing and Regular Meeting of February 13, 1978. Councilman Sikes seconded the motion noting that there should be a name change on page 1 (from Redding to Speers). The minutes were changed as noted. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Sikes made a motion that the Council approve the bills and accounts for payment. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. PRESENTATION A representative (Mr. John Vodenicker) of May, Zima and Company presented the annual Audit Report to the Council. There was some discussion and the Council advised Mr. Vodenicker that they would appreciate it if he could come back at a future date to discuss the report more thoroughly. COMMUNICATIONS Volusia Realty The City Clerk read a letter from Volusia Realty requesting permission to put a rented mobile office at the location of the construction of a new building on N. Ridgewood for a period of 90 days. Councilman Dietz made a motion that the Council grant a 90 day permit. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Briley, Wild The City Clerk read a letter from Briley, Wild & Associates concerning the Annual Water Resources Conference in Tallahassee Feb. 22, 1978. Representatives from Briley, Wild plan to attend the conference to get information of funding for these projects. This letter was for Council information no action was necessary. . . a u R. Webber - Bicycle Path The City Clerk read a letter from Ryta Webber concerning the progress on a proposed bicycle path for Edgewater. The Council was requested to write to the County and give them the figures on the necessary material for finishing a prepared bed for the bicycle path. Councilman Dietz made a motion that the Council table this until they can get the necessary figures on the amount of shell and asphalt from the Street Department. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Building Code Board of Adjustment and Appeals The City Clerk read a memo from the Building Code Board requesting: 1. Continued use of the Building Inspector's office for meetings. 2. Copies of Ordinance 941 and all code books for each member. 3. Use of a secretary and recorder for meetings. 4. Change regular meeting from first Tuesday to second Tuesday of each month. Councilman Dietz made a motion that the Council grant requests 1, 3 and 4. Request 2 the Council would provide one extra set of code books to be kept in the Building Inspector's office for the use of the Board members. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. RESOLUTIONS The City Attorney read Resolution No. 771 A RESOLUTION SETTING THE FEES TO BE CHARGED FOR THE INSTALLATION OF CULVERT PIPE BY THE CITY OF EDGEWATER FLORIDA, REPEALING ALL RESOLUTIONS OR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECJIVE DATE. Councilman Sikes made a motion that the Council adopt this Resolution. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 772 A RESOLUTION APPROVING THE ACTION OF THE- EDGEWATER OF THE EDGEWATER BOARD OF ADJUSTMENTS IN GRANTING VARIANCES TO HARRY KUSE AND NORMAN BILLUPS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Resolution. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCE None The City Clerk opened three bids for interim financing. Councilman Dietz made a motion that the Council table this until after February 28, 1978 and the bond validation. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk will write to Sun Bank to get information on their plan for computing the interest. The other banks responding were Southeast Bank of New Smyrna Beach and Atlantic First National of Daytona Beach. 2 j . a o Zoning Board - Reed Site Plan Mr. Wolfe presented the new site plans for the Reed subdivision. They are asking for a site plan approval The City Attorney said that the Council could tentatively approve a site plan but the owners must show proper ownership, engineering, etc. Councilman Dietz made a motion that the Council accept the new site plan subject to surveys, engineering plans, proper drainage, paving, compliance with all ordinances of the Code of the City of Edgewater and the state statutes. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0 Workshop Subdivision The Mayor reminded the Council that they needed to set a date for a workshop regarding subdivision Ordinances. Councilman Dietz made a motion that the Council authorize Briley, Wild and Associates to meet with the Edgewater City Planner to study this and make their recommendations to the Council for a final drafting of the ordinance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Workshop for Ordinance 880 The Mayor reminded the Council that the Zoning Board had submitted requests for assistance from the City Attorney and the Council in making some necessary changes in Ordinance 880. Councilman Dietz made a motion that the Council instruct the City Attorney to meet with the Zoning Board to work out these changes and finalize it before the Council acts. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. A tentative date of March 1 at 7:30 P.M. was agreed upon between the City Attorney and the Chairman of the Zoning Board. Taylor Property The Mayor spoke about the importance of the Taylor property and asked if the Council had any suggestions as to how the City might obtain this property. There was a discussion concerning various ways that might be acceptable. Councilman Sikes made a motion that the City advise Mr. Taylor that at the present time we do not have sufficient funds to purchase this property even though the City is very interested in doing so. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Rezoning property (Church) The City Attorney reminded the Council that he had been authorized by them to add churches to permitted uses in R-2 zoning. After considerable study of the proposal he had come to the conclusion that the City could not legally do this since they had advertised for a rezoning either to R-5 or B-3 classification for this property. R-5 zoning, if approved by the Council, would allow the church to build as a special exception which must first be approved by the Board of Adjustments. It is his recommendation that the Council rescind the action that an ordinance be drawn up making ichurches a permitted use under R-2 and ask the Council, after deliberation, to make a decision whether to rezone this property to R-5 or B-3 as originally requested. 3 u u The City Attorney added that if the Council wanted to make churches a permitted use or even a special exception under R-2 it would require at least 2 public hearings and there would be additional requirements under Florida statutes. The Council discussed various solutions to this problem. The only zoning at present, for churches, is R-5 special exception and B-3 commercial. Councilman Sikes said that it was the Council's impression that the property owners in the neighborhood in question did not object to the church but they ~id object to rezoning. He asked the City Attorney what the Council could do about zoning this property for a church. The City Attorney said that in R-2 zoning it would require the procedure under 166, 2 public hearings and an ordinance change to add it as a special exception or permitted use. This would change all the R-2 area in the City. Councilman Dietz asked if the City could put a special exception for churches under all zone classifications. The City Attorney said that the City could do this following the specified legal procedure. Mr. Wolfe, Zoning Board, suggested that they make it permitted uses subject to the consent of the Council. The Mayor asked for opiniGn~from the;.audience:about the church. Various members of the audience including Mr. and Mrs. Starman, Mr. Redding, Mr. and Mrs. Turner, M~. Davisworth spoke strongly against a church being built in their neighborhood. Some of the residents in the area did' favor the church if the zoning was not changed. Councilman Sikes reminded the residents that it would be possible to build from 15 to 18 houses on the property in question. There was more discussion with the audience. Rev. Higgs spoke about talking to the residents and that they gave him the impression that they were not against the church being built in that area, however there seemed to be a change of ~ind among the residents. Councilman Rotundo made a motion to rezone the area to R-5 and allow the church to be built under special exceptions. Councilman Shell seconded the motion. At this point Rev. Higgs withdrew his request for a rezoning stating that the church did not wish to be the cause of so many hard~feelings in the area. Upon roll call the motion DID NOT CARRY 5-0. Councilman Dietz made a motion to table this discussion until next week to give people more time. Councilman Shell seconded the motion. After more discussion Councilman Dietz withdrew his motion and Councilman Shell withdrew his second. The Council members each expressed their reluctance to deny the church permission to build in this area. Councilman Sikes made a motion to deny the request to rezone the property to build a church. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Shell voted NO. 4 . o o NEW BUSINESS Florida Shores Sewer Improvement Councilman Dietz spoke to the Council about a letter from Briley, Wild & Associates recommending to the City Council the procedures as to the installation of the wastewater treatment plant system in Florida Shores. and _ estimated cost on the project and ways to acquire the funds to pay for the project. It is possible to get a portion of this under a grant from FHA. Councilman Dietz made a motion that the Council authorize Briley, Wild to pursue their plan of the installation of the wastewater treatment sewerage collection system in the Florida Shores area on the basis of bonding the project based on the front foot assessment and apply for a grant from FHA as per their recommendation. Councilman Shell seconded the motion. Councilman Dietz explained that if a front foot assessment was necessary it would be for each property owner that required a sewer hookup, people that had water and sewer now would not be affected. He spoke of the drainage problem many people have had with their septic tanks and that eventually the City would be forced to do something about this and that we should not wait until the cost goes up even more. Upon roll call the motion CARRIED 5-0. Insurance Items The City Clerk read a letter from Caton Insurance concerning some coverage that the City might want to add to their present policy. Councilman Dietz made a motion to authorize the City Clerk to add the following items: 1. Contents of Fire Dept. Storage Bldg. 2 . 3. Community Park Area Cover (Riverside Drive) 4. Glass coverage at Library Building. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. CETA Project This was tabled until next week. Ordinance/Resolution on inspection of City Buildings Councilman Rotundo made a motion that the Council authorize an ordinance or resolution stating that all new City buildings or alterations on City buildings be inspected by the Building Dept. Councilman Dietz seconded the motion, for discussion. Upon roll call the motion DID NOT CARRY 4-1. Councilman Rotundo voted YES. Councilman Rotundo made a motion that the Council consider an ordinance or resolution for inspection on all city buildings or alterations to city buildings where there was not an engineer on the project. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. 5 4 j,. . o o Truck and Dragline Councilman Shell made a motion to table this until February 27, 1978. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Board of Governors Councilman Sikes made a motion to table this until February 27, 1978. Councilman Dietz seconded the motion. Appointment of R. Diamond (City Planner) to Technical Advisory Board of MPO. Councilman Sikes made a motion to authorize a resolution appointing R. Diamond to the Technical Advisory Board of MPO. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. MISCELLANEOUS The Mayor presented a bill to the Council from Radio Shack for sound system equipment. The bill was for $26.31. Councilman Sikes made a motion that the Council approve this bill for payment. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Charter and Code Proofing. The City Clerk said that we had received the proofs of our Municipal Code. The 461 pages need to .be proofread and corrections made, if any. Councilman Dietz made a motion that the Council turn these proofs over to the City Attorney for his recommendation. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes made a motion to adjourn the meeting. Councilman Shell seconded the motion. The meeting was adjourned. MINUTES TAKEN BY: Sue Blackwell Nancy Blazi "': ~~~ Mayor. ~ , ATTEST: crl~effik~ ~ ~ Councilman 6