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02-13-1978 - Public Hearing/Regular , . ~ Q CITY OF EDGEWATER Public Hearing HELD: February 13, 1978 Mayor Christy called the Public Hearing to order at 6:30 P.M. February 13, 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 Clerk Sue Blackwell City Attorney Judson Woods Police Chief Earl Baugh. Present Present Present Present Present Present Present Present The Public Hearing was held for the purpose of considering a request from the Edgewater Missionary Church in regards to rezoning certain property. Mayor Christy asked for opinions from the audience. Mrs. Bonnie Turner of 118 Thomas Street presented a petition to the Council from property owners in the neighborhood under consideration for rezoning. The petition stated that the signers strongly opposed any rezoning in block seven and eight in the Totem Park Subdivision. Mrs. Turner said that most property owners in the area were concerned about the possibility that the church might someday vacate the property in question leaving it open for a commercial business to build there. There were other similar objections from members of the audience. Mr. Redding spoke for the Edgewater Missionary Church stating that the financial affairs of the Church were very sound, that it was a international organization and he was convinced that the church would prosper in this area.. Rev. Higgs spoke about the planned buildings that he felt would be an asset to the area which would improve property values. The Public Hearing was recessed at 7:00 P.M. CITY OF EDGEWATER Regular City Council Meeting HELD: February 13, 1978 Mayor Christy called the regular meeting of the City Council to order at 7:00 P.M., February 13, 1978, in the Community Center. , . I . (.) <.) ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Clerk Sue Blackwell City Attorney Judson Woods Police Chief Baugh Present Present Present Present Present Present Present Present INVOCATION The Rev. Higgs gave the invocation. SALUTE TO FLAG The Council contfnued the Public Hearing. There was a discussion of vacating 3rd St. and the possibility of depriving one property owner of a right of way. The City Attorney said that the property owner would still have access to his property even if 3rd St. was vacated. Councilman Dietz suggested the possibility of adding churches to permitted use for this zone. Mayor Christy asked for a show of hands for those who would favor the church building if the area was not rezoned. The majority of the audience seemed to approve the building of a church if the area was not rezoned. There was a discussion about an earlier decision to rezone the area for a bank building. The question was raised whether the area was ever rezoned at that time. The City Attorney said that there did not seem to be an ordinance that the area was ever rezoned. Councilman Dietz said that he believed the Council could handle the zoning problem by simply adding permitted use to the Zone. The other problem was abandoning 3rd St. Mayor Christy asked for a vote from the Council. Councilman Dietz. said that'he did not think the Council could take action on the hearing and should go back to the regular meeting. APPROVAL OF MINUTES Councilman Dietz made a motion that the Council approve the minutes of the February 6, 1978 regular Council meeting. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Dietz made a motion that the Council approve the bills for payment. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion that the Council take care of the public hearing question why it was still fresh in everyone's mind. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mrs. Turner questioned why the Council was not holding two public hearings before a decision was made. 2 ~ , ~ Q The City Attorney stated that it was not necessary to hold two public hearings. The Public Hearing was being held tonight to get the approval or disapproval of the Council. Mrs. Turner asked why the Zoning Board had not had a public hearing on this question. Councilman Dietz said that this question would not be passed on tonight. If the Council asks for an ordinance then it will take another week for the ordinance to be presented and then two more weeks after that before it can be passed. Councilman Dietz made a motion that the Council instruct the City Attorney to draw up an ordinance to add to the present zoning a permitted use for churches, schools, etc. and also an ordinance vacating 3rd ave. (whatever the proscribed procedure is for this). Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. PRESENTATION Councilman Shell said that when the Edgewater Chamber of Commerce merged with the New Smyrna Beach Chamber of Commerce, the Edgewater Chamber had about $4,000 in savings certificates and about $900 in a checking account. After discussion about what to do with these funds it was finally decided to $950 to Humane Society, $1000 to the Shuffleboard $1250 to the City to repair tennis courts and $1000 to the City to improve and light the basketball court. Councilman Shell presented the two checks to the City of Edgewater. COMMUNICATIONS The City Clerk read a memo from the Zoning Board regarding Mr. and Mrs. Miller's request to have the Beauty Shop they own rezoned from residential to commercial. It was the Board's recommendation that their request be granted. ~ Councilman Sikes made a motion that the Council accept the Zoning Board's recommendation and instruct the City Attorney to draw up an ordinance rezoning lot 6 of Fernald Chaddwick to B-1. Councilman Shell .seconded the motion. The City Attorney said that this would-require a public hearing Councilman Sikes withdrew his motion. Councilman Dietz made a motion that the Council authorize the City Clerk to advertise for a public hearing on the rezoning of the Miller property. The date would be March 6, 1978. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a memo from the Zoning Board regarding the addition of two members to the Board. Chairman Wolfe of the Zoning Board who was in the audience told the Council they would accept either two new members or two alternate members. - The City Clerk said that there was an _ordinance creating the Zoning Board but she did not know if it specified the number of members. Councilman Dietz made a motion that the Council instruct the City Attorney to check out the original ordinance and if a new ordinance is necessary to add to the Zoning Board membership he should draw one up. If no new ordinance is necessary then the Attorney should prepare a resolution that the Council could fill in with the names of two additional members the Council would appoint to the Zoning Board. Councilman Shell seconded the motion Upon roll call the motion CARRIED 5-0. 3 u o The City Clerk read a memo from the Zoning Board concerning Mr. H~ Read's presentation th~_their Board of plans for a proposed shopping center. This was for Council infor- mation. The City Clerk. read a letter from the Zoning Board concerning a request from Mr. Milan Griffith to build a two family duplex. The Board felt that Mr. Griffith should be allowed to build due to the fact that there is already a duplex to the north and south of his property. The property is presently zoned R~3. The City Attorney said that this would be spot zoning to change the zoning in this one area. Robert Wolfe of the Zoning Board said that Mr. Griffith has a problem because most of the houses there including the duplexes were built before 880. Since 880 we have some of these areas where the zoning creates problems. The City Attorney said that we must get in to what is legal or illegal. The idea of zoning was to fall into district use plans and if we keep going back to what existed before 880 we might just as well get rid of all zoning. Mr. Griffith spoke to the Council and said that he did not feel he had enough room to build two single dwellings. Councilman Dietz made a motion that the Council deny the recommendation of the Zoning Board for a duplex and inform Mr7-Griffith that the best possible way for him to go would be for two single family dwellings and go to the Board of Adjustments for a variance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Cler.k read a letter from the Zoning Board concerning a request from Mr. Richard Bartholomew to rezone his property for mobile homes. The Zoning Board recommended that the Council grant this request. There was a discussion concerning the zoning for trailer parks in Edgewater. Many are zoned residential ~ R-3. Councilman Dietz made a motion that the Council send this back to the Zoning Board for recommendation on rezoning all trailer parks including Mr. Bartholomew's property and proper description of the land. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a memo from the Board of Adjustments requesting the Council approve their recommendation of a 15 ft. variance for Mr. Norman Billups of 1860 Pine Tree Drive. Councilman Dietz made a motion that the Council grant this variance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a memo from the Board of Adjustments requesting that the Council approve their recommendation of a 16 ft. for Mr. Harry Kuse of 2802 Sable Palm Drive. Councilman Dietz made a motion that the Council grant this variance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a memo from the Zoning Board concerning the new site plans for Mr. Henry G. Reed presented by Mr. Dexter. The Zoning Board recommended accepting these plans subject to a professional survey. Councilman Dietz made a motion to approve the Zoning Board's recommendation subject to a presentation of the new plans to the 4 . . \.) Q Council including sewer, water, pavement of streets & drainage. 1 1 Councilman She 1 1 seconded the motion . Upon r 0 1 1 c all the motion CARRIED 5-0. The City Clerk read a letter from the Edgewater Public Library concerning additional construction problems at the Library. The letter requested permission to have Mr. Bevel fix the track for the large folding doors. The cost would be approximately $55 to $60. Also the flood light on the east outside wall is broken and will require the services of an electrician to replace it. A discussion followed about the poor quality of work originally done at the Library. The repairs requested in the letter would come under maintenance. Councilman Sikes made a motion that the Council authorize the Building Inspector and the attorney to check into the responsibility of the original architect and general contractor and report back to the Council. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Florida East Coast Railway Co. concerning the paving of the grade crossing on 26th St. Councilman Dietz made a motion that the Council turn this over to Mr. Shell for his recommendation. Councilman Sikes seconded the motion for discussion only. There was a discussion about the cost and difficulty of doing the work ourselves. Also there was a question about the agreement we mayor may not have with the railroad. Upon roll call the motion did NOT CARRY. 3-2. Councilmen Shell Sikes and Mayor Christy voted NO. Councilmen Rotundo and Deitz voted YES. Councilman Dietz then made a motion that the Council instruct the City Clerk to write to the Railway Co. telling them we are not interested in exercising our option to grade the crossing. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Volusia County School Board stating that the consideration of proposals for the road/bicycle path will not be on their agenda for Feb. 14, 1978. This was for Council information only. The City Clerk read a letter from the Florida Dept. of Transpor- tation concerning extension of bus service into Edgewater. Councilman Dietz made a motion that the Council instruct the City Clerk to write to DOT and tell them that the City of Edgewater is not interested in subsidizing a bus service but would be willing to enter into an agreement with New Smyrna and grant a franchise to operate in Edgewater. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. RESOLUTION None ORDINANCE (2nd Reading) No. 1002 AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA TO ADD AN ADDITIONAL CLASSIFI- CATION TO THE PERMITTED USES IN THE I-I LIGHT INDUSTRIAL DISTRICT IN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion that the Council adopt this Ordinance 5 . . u u OLD BUSINESS The City Clerk ~ead the bill for the Water Plant payment # 2. Councilman Dietz made a motion that the Council approve this bill for payment. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a petition for street lights on Naranga. Councilman Shell said that the City does not have the ~nnov at this time for street liqhts and made a motion that the Council table this for now. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. The Mayor brought up the subject of the truck route. The ditch needs to be fixed before the truck route can be completed. Councilman Dietz made a motionrto authorize the City Clerk and Councilman Shell to spend $2000 to purchase pipe for the ditch on Hibiscus, the proposed truck route. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. R. Bouchard - road Councilman Dietz said that he had spoken with Mr. Bouchard. The City will grade and put shell on the road and Mr. Bouchard will pay all necessary expenses on sewer and water lines and he will dedicate the street to the City. NEW BUSINESS Water Plant Progress payment #3. Councilman Dietz made a motion that the Council pay this bill. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Building Inspector The Council questioned Mr. Murphy, the Building Inspector, on the type of service he is giving the City. Mayor Christy read from minutes of a previous meeting that state the Mr. Murphy should keep hours similar to the rest of the people that work for City Hall. Mr. Murphy said that the office is being manned from 8 to 4. He also cited lack of communication between the Council and the Building Inspector's office. He said that no one has to wait for permits and or inspections. There was more discussion. Councilman Dietz made a motion that now we have informed Mr. Murphy about how we feel concerning the Building Inspector's office, we will go ahead with the contract we have with him for a probationary period up to April 1 and that have a review at that .time and another discussion with Mr. Murphy. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Shell brought up the subject of the culverts that the City is putting in. We need a resolution concerning the cost of these culverts. Councilman Shell made a motion that the City Attorney draw up a resolution setting forth the cost of installing the culverts. $110.00 for a 20 ft. culvert and $160.00 for a 30 ft. culvert. This should include a time limit since the cost of materials may go up. Also the culverts should go in before the driveways. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. 6 u u Mayor Christy reported on his meeting with the Chamber of Commerce. There was a discussion at that meeting about setting speed limits 6n the river. Also there is a possibility that the Coast Guard station may be moved. 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 ~' , Councilman ~ ~ ~ ~::~ Sue Blackwell .yL- Approved this c:J.o day of ~~~ Mayor ~ 7