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07-10-1978 - Public Hearing/Regular I, . . u Q CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING July 10, 1978 Mayor Christy called the Public Hearing to order at 6:30 P.M. in the Community Center. The purpose of the hearing was to discuss the rezoning of the following areas: Lots 7, 8, 9, Block 2, Riveredge Acres from its present B-4 to R-l Lots 1, 2, 3, Block 3, Riveredge Acres from its present B-4 to R-2. Lots 10, 11, 12, Block 2, Riveredge Acres and Lots 20, 21, 22, Block 3, Riveredge Acres from its present B-4 to B-3. 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 Blackwel-l Police Chief Earl Baugh Present Present Excused Present Present Present Present Present Mayor Christy announced that the Council would hear those opposed to the rezoning first and then those in favor of the rezoning would be heard. Mr. Kane told the Council that he and his wife had purchased the property in lots 8 and 9 because of its present zoning. They planned to use it as a business property and rezoning to residential would prohibit them from carrying out their plans. Mr. Bernhardt Warren also spoke to the Council and told them that he had anticipated using his property for business purposes as an income property. The Council questioned both Mr. Kane and Mr. Warren as to when they purchased the property and what types of business they had in mind. Mr. Kane owns apartments on~the other side of the street and would probably, eventually ~ant to use this property in a similar manner. Mr. Warren said he was considering a possible home type business where he could live and also receive some income. Mayor Christy recessed the Public Hearing. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING July 10, 1978 Mayor Christy called the regular meeting of the City Council to order at 7:00 P.M. in the Community Center. o o 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 Excused Present Present Present- Present Present Mayor Christy reconvened the Public Hearing. Mr. Sam Gross spoke to the Council in favor of the rezoning. He said that the property adjacent to these lots was residential and that most of the property owners would like the area to be residential to protect their investment and prevent commercial businesses from being established in the area. Mrs. Read and Mrs. Crammer also spoke to the Council in favor of the rezoning. Mrs. Lillian Straub told the Council that she was under the impression that when the City was rezoned by Ordinance 880 that the area around Boston Rd. was to be zoned for light commercial use. She has found out it goes 300 ft. deep which puts some of that on her property. She wants it to revert to the old area, 250 ft. off U.S. 1 to be commercial and the rest of the area to be residential. The Council discussed the reasons for the proposed rezoning and also the various requirements regarding setbacks and permitted uses in the zones. Mrs. Kane asked the Council if they might not be able to vote on this proposal separately and possibly consider leaving her property and Mr. Warren's property, which are now vacant, the same zoning as they are now. Councilman Sikes asked the Building Inspector what could be built in B-4. Mr. Murphy said that an 8 story building could be built if the requirements for land and parking were met. Permitted uses in B-4 include boat launch area, hotel, motel, church, fish camps, etc. Councilman Dietz said that possibly a compromise would be to zone the area where Mr. and Mrs. Kane and Mr. Warren own property to R-4, multi-family use. The City Attorney said that this would have to be readvertised and another Public Hearing would have to be held. The Council can act on any or all parts of the proposed rezoning but if a change, other than advertised, is considered it would require another public hearing. There was no strong opposition to this proposed compromise. Councilman Dietz made a motion to adjourn the Public Hearing. Councilman Rotundo seconded the motion. The Public Hearing was adjourned. Mayor Christy announced that last week the Council had voted to prohibit smoking during Council meetings. He called a 5 minute recess so that anyone wishing to smoke could do so. Mayor Christy called the meeting back to order. INVOCATION Councilman Sikes gave the invocation. 2 o o SALUTE TO FLAG APPROVAL OF MINUTES Councilman Rotundo made a motion that the Council approve the minutes of the regular Council Meeting June 26, 2978 and the Special Council Meeting July 5, 1978. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Dietz made a motion that the Council approve the bills for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy announced that Mr. Random Burnett, Attorney for Teleprompter, had requested that he be allowed to address the Council at this time. Mr. Burnett had been scheduled on the agenda under Old Business but he had another meeting to attend and the Council agreed to let him speak at this time. Mr. Burnett told the Council that Teleprompter planned to improve the service to Edgewater by adding additional stations and also introducing home box office. The company anticipates more interest in cable television created by these additions and increased advertising in the area. They still have the problem of building some 53 miles of cable by the end of this year and to invest just under one-half million dollars to fully wire and service the City of Edgewater. The company would like to request that the Council set up a special workshop with representatives of Teleprompter, the Council and possibly appointed residents to hammer out a better draft ordinance than they had last year to be approved by the Council. The company has found that a workshop of this type works well in drawing up a new ordinance, rather than taking so much time during regular Council meetings. They would hope to have considerable public participation at this workshop. Councilman Dietz made a motion that the Council set up a workshop for July 25, 1978 at 7:00 P.M. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy said that he had also had a request to have the Council discuss the bus service question at this time. The Council agreed. I:he City Clerk read a letter requesting that the Council consider establishing a bus service in Edgewater. The letter was accompanied by a petition signed by over 514 people. Mr. Diamond, City Planner, had received information from the New Smyrna Transit system and the District Engineer of the DOT. The estimated operating cost was $1.00 per mile and the city would have to subsidize 25 to 35 cents per passenger. The total cost would depend on the number of miles travelled in Edgewater. An example would be that if the bus travelled 5 miles into Edgewater, based on $1.00 a mile, the cost to Edgewater over a period of a year would be approximately $1100. This is based on 15 miles total daily. Councilman Sikes said that actually you had to figure on 10 miles for round trip and this would not take the bus to the traffic light. A better estimate would be 10 miles round trip three times a day six days a week for one year at 25 cents per passenger would be about $2300. This would still not give the city a very extensive service. Mr. Diamond told the Council that New Smyrna had about 20 more months to run their service under Federal subsidy. After that ran out, New Smyrna will have to buy the busses. At that time if Edgewater had a contract or wished to continue a contract they would pay New Smyrna a percentage of the cost based on the whole system. The DOT would get together with New Smyrna Beach and Edgewater to work out details of any agreement. 3 o o Councilman Sikes said that when the DOT first approached Edgewater concerning a bus service they agreed that the city would not be~able to t~k~ care ?f a transit system and suggested that we might partlclpate wlth New Smyrna. New Smyrna Transit has just started breaking even on the 25% of the cost that they have to pay for. We figured sometime ago that at the end of the second year, not taking into account what deficit we might have the first two years of operation under the contract where we picked up 25% of the cost, we would have to go into the immediate expense of $34,000. When New Smyrna can't really afford their system, there is no way that Edgewater could get their own transit system. We just don't have the population. If we want to underwrite this service for about $2400 a year, we would have to renew on a yearly basis with the option that either party could cancel out because New Smyrna does not really know when this grant is up if they can continue their own service. We could authorize New Smyrna Transit to enter into Edgewater and that we would guarantee them the 25% they now pay. If we were interested in discussing a contract with New Smyrna we would have to direct a letter to the City Manager to bring before the Smyrna Transit System and they in turn would have to have the approval of the DOT that at the request of Edgewater they could extend their service into the City of Edgewater but we would have to guarantee 25 cents a mile. Councilman Dietz asked the City Attorney if the Council could legally obligate ad valorem taxes under a contract to supplement bus service without a referendum. The City Attorney said that the Council could enter into a contract but it would not be binding on the next Council. If it was a referendum that would be different. Councilman Dietz said that a bus service only three times a day that would only cover a small area of Edgewater would not be very convenient for most of the residents. He talked about the possibility of a dial-a-bus service. He also said that he believed this should be put on the ballot in Nov. for the taxpayers to decide. If the residents vote for a bus service then we can sit down and work out the best possible system for the city. The City Attorney said that it would be necessary to increase the millage to provide this service. Councilman Sikes made a motion that the Council authorize the City Clerk to write to the New Smyrna Beach City Manager to request that the Transit System present us with information regarding a proposed bus service in Edgewater specifically estimated costs. We would like this information by August 15, so that it could be prepared for a referendum vote in November. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. There was some discussion with the audience about various types of bus service that might be considered in the future. Mayor Christy called a 10 minute recess. Mayor Christy called the meeting to order again. Councilman Rotundo asked the Council's permission to allow Dr. McKenzie of the Barracuda Booster Club and Mr. Hays, Athletic Director for New Smyrna Beach High School to speak to the Council at this time. The Council agreed. Dr. McKenzie said that he was there to ask the City Council to give the High School $1100.- for the purchase of new equipment for their weight room and physical development program. Mr. Hays explained the use of this new equipment and its importance in the overall development program available at the High School. This equip~ent would also be available for use by Police Dept., Fire Dept., and Edgewater residents during hours not allocated to the school. 4 o o Mayor Christy thanked Dr. McKenzie and Mr. Hays for their presenta- tion and told them that the Council would take this request under advisement. Any allocation of money would have to be worked into the new budget now being prepared. COMMUNICATIONS Board of Adjustment: J. Oliver: The City Clerk read a letter from the BOA recommending the granting of a variance to Mrs. Julia Oliver, 123 Neptune Drive, to build an 8 x 10 utility room adjacent to existing screened porch. The utility room must be built in the style and architecture of the existi~ house. Councilman Sikes made a motion that the Council accept the recommendation of the BOA and grant Mrs. Oliver the variance. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes made a motion to authorize the City Attorney to draw up the necessary resolution granting this variance. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. Board of Adjustment: M. Griffith: The City Clerk read a letter from the BOA recommending the granting of a special exception to Milan Griffith, Highland Shores Subdivision, to build a duplex. The duplex must be within 50 ft. of an existing duplex as specified in Ordinance No. 1009. Councilman Dietz made a motion that the Council accept the recommendation of the BOA ana authorize the City Attorney to draw up the necessary resolution granting this special exception. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Board of Adjustments: Casa El Toro Bar: The City Clerk read a letter from the BOA recommending that the Council deny a request from Mr. Fagg Shawver, Casa El Toro Bar, for an extension to the existing building. The BOA could find no basis in the Ordinance to grant the requested variance and therefore did not approve the application. Councilman Sikes made a motion that the Council accept the recommendation of the BOA and deny this variance request. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Building Inspector Report and bill: The City Clerk read a report from the Building Inspector and a bill for $2,405.62. Councilman Dietz made a motion that the Council authorize payment of this bill. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. HRS, re: Florida Shores Septic Tanks: The City Clerk read a letter from John Critz, of the County HRS regarding a meeting between Councilman Dietz and representatives of the County HRS. The County will work with the City of Edgewater in establishing an upgraded ordinance for the installation of septic tanks. Councilman Dietz said that he is meeting with the City engineers and the Building Inspector to draft up a new ordinance which will be presented,to the Council for study,as soon as possible. Univ. of Florida, census: The City Clerk read a letter concerning population studies. The Council discussed the fact that the census count has never been accurate for the City. Mayor Christy will check into this further and try to get more accurate information to present to the Univ. of Florida. 5 o o Florida DOT re: bridge inspection and bridges: The City Clerk read two letters from DOT concerning bridge inspection and bridge inventory. The City Clerkwi"l' write to the DOT to inform them that the only bridge in Edgewater .is owned jointly by Ed~ewater and New Smyrna Beach. This bridge is currently closed and the Mayor of New Smyrna Beach is working on a program to repair the bridge. PBA, re: negotiations: The City Clerk read a letter from the PBA regarding negotiations. The City Clerk said that she had spoken with their representative and told them .that the Council had to have PBA proposals to study before they could set a date to start negotiations. Councilman Sikes made a motion that the Council authorize the City Clerk to write to the PBA and tell them that the Council is waiting for them to submit their proposals. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. DER re: WjWW treatment plant: The City Clerk called attention to a letter received from the DER concerning the treatment plants. The letter was for Council information. Councilman Dietz said that he was waiting for a report from the engineers and that he would answer this letter. Councilman Dietz told the Council that they would have to hire a Utility Director soon or we may be faced with a citation from the DER. Mayor Christy mentioned a resume the City had received that he felt contained the necessary requirements. The Mayor will contact the man who sent the resume and set up an interview. A. Murphy: re, construction east side of Riverside Drive: The City Clerk called attention to a letter from Mrs. Murphy. The Council held a special meeting on the construction on the east side of Riverside Drive. That particular construction has been stopped. COORDINATORS REPORT Councilman Rotundo had no report. Councilman Sikes said that he had found out we had scheduled a political gathering on July 4th. He said that the Council and the Fire Dept. did not know about these people attending the 4th celebration, obviously the Mayor made all the plans. He does not believe the Mayor has that authority. The Fire Dept. works very hard for this fund raising event and they should be consulted before any additions to the program are made. Councilman Sikes made a motion that the Council authorize the City Attorney to draw up a resolution stating that as long as t~ere is a Volunteer Fire Department and Auxiliary in this City, and as long as they have the 4th of July celebration that anything pertaining to their program and the use of City or public owned facilities must first be cleared by them and then presented to the Council for approval. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy said that the Fire Department had been informed about the invitations he had sent out for the 4th of July. Originally, they had even planned a parade. Councilman Sikes and Councilman Dietz said that they had received phone calls from members of the Fire Dept. who told them they did not know about this. Mayor Christy said that he felt this might help get him on the MPO. Councilman Dietz said that he did not know who gave the Mayor any authority to campaign" for an appointment to the MPO. Mayor Christy said that he was referring to the City getting on the MPO not himself personally. 6 ...- o o Councilman Sikes also brought up the conditions of the tennis courts. Every time it rains shell and gravel are washed onto the courts. Mayor Christy said that the Street Department is planning to improve the drainage around the courts which should take care of this problem. Councilman Sikes also said that we need to find out what has been done about getting the large concrete culverts from the County. . Councilman Dietz said that he had checked on this and it will cost the City $4700 if we want to buy these culverts. Councilman Sikes said in the long run it would be more costly if we continue using it as it is then if we buy the culverts and fix it now. He asked the City Clerk if we had any monies in federal revenue for street improvements. The City Clerk said she believed that there was about $3,000. We do not have that kind of money in the general fund budget. Councilman Sikes also said that he has talked to Mr. Harold Francis, former City Manager of Port Orange, and invited him to attend this meeting. Mr. Francis has applied for the position of City Manager in Edgewater. He would like the Council to meet Mr. Francis and talk with him. Councilman Dietz had no report. City Attorney Woods has no report. Mayor Christy said that the meeting he was to attend pertaining to unemployment compensation for a former employee had been cancelled when the employee withdrew his application. City Clerk Mrs. Blackwell said she wanted to talk about the election and two items that the Council may want to put on a referendum. The question of all Council members being elected at the same time and the question about the purchase of the Taylor property. If we are going to get this property we will have to pay for it over a period of time and we need to have this on a referendum. The City Clerk will call Mr. Taylor about a price on this property. RESOLUTIONS The City Attorney read Resolution No. 803 A RESOLUTION PROHIBITING SMOKING IN ANY COUNCIL MEETINGS OF THE CITY OF EDGEWATER: PROVIDED THAT THE PRESIDING OFFICER MAY CALL RECESSES DURING SAID MEETINGS IN ORDER TO PERMIT SMOKING: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Dietz voted NO. ORDINANCES The City Attorney read Ordinance No. 1014 (second reading) AN ORDINANCE RESCINDING ORDINANCE NO. 1013 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PERTAINING TO THE SALE OF ALCOHOLIC AND INTOXICATING BEVERAGES IN THE CITY OF EDGEWATER, FLORIDA: ADOPTING HOURS OF SALE OF NON-INTOXICATING BEVERAGES IN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 7 , . . . o o Councilman Dietz made amotion that the Council adopt this Ordinance. . Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Ordinance No. 1015 (first reading) AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE MINIMUM FLOOR AREA REQUIREMENTS FOR DWELLING UNITS IN THE R-1, R-1A, R-2, R-3, R-1B, R-2B and R-3B ZONING DISTRICTS IN THE CITY OF EDGEWATER: CHANGING THE ZONING ON .CERTAIN LOTS IN THE WEST ONE- HALF OF BLOCKS 215 THROUGH 218, INCLUSIVE, FLORIDA SHORES UNIT 7, FROM R-3 TO B-2: BY CHANGING. THE ZONING ON CERTAIN LOTS IN THE EAST ONE-HALF OF BLOCKS 215 THROUGH 218, INCLUSIVE, FLORIDA SHORES UNIT 7, .FROM R-3 TO R-4: CHANGING ZONING OF BLOCK 245 OF FLORIDA SHORES FROM R-4 TO B-2, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. OLD BUSINESS Tripartite agreement and resolution re: RR crossings: This is an agreement between the DOT, FEC and the City on a grade crossing protective device on the 26th St. crossing. The cost to the City is $480.00 per year. The Council has already approved this but has not signed the agreement or contract. The County installed. this then found out the crossing belonged to the City. The City Attorney read the resolution agreeing to enter into arail.road reimbursement agreement with the DOT, and the FEe. Councilman Sikes made a motion that the Council table this until a later date. Councilman Dietz seconded the motion. Upon roll call the. motion CARRIED 4-0. Home Occupation License/Mr. Tipton: This was an application for home occupation license for aluminum siding. The Building Inspector approved this license provided that there will be no storage on the premises. The Council questioned how someone could operate this kind of business without storing material. Councilman Dietz made a motion th~t the Council deny this license. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Board of Adjustment: alternate members. The Council discus.sed alternate members for the Board of Adjustments. _ They did not feel it would be advisable to appoint non-voting members to the Board. Councilman Dietz made a motion to deny this request. Councilman Rotundo seconded the motion. Upon roll call th~ motion CARRIED 4-0. It was suggested that the Board might.consider additional regular members. 8 ~ . , . o o NEW BUSINESS: Action on Public Hearing: Councilman Dietz made a motion that the Council authorize the City Attorney to draw up an ~rdinance changing the zoning in Lots 1, 2, 3,. Block 3, Riveredge Acres from B-4 to R-2 and Lots 10, 11, 12, B16ck 2, Riveredge Acres and Lots 20, 21, 22, . Block 3 Riveredge Acres from B-4 to B-3 as recommended by the Zoning Board. ,Lots No.7, 8, and 9, will be tabled and readvertised for a Public. Hearing to change them from B-4 to R-4. In the interim there wi 11 be a, m 0 rat 0 r i u m on .b u i 1 din g on tho s e lot s . T he Pub 1 i c Hearing will be set for August 14, 1978 at 6:30 P.M. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Set date for Public Hearing W/WW Budget: Councilman Dietz said that the Council is going to have to appropriate some of the monies we have to put into capital improvement funds. Councilman City Clerk 6:30 P.M. the motion Dietz .made a motion that the Council authorize the to ,a d v e r t"i s e for a Pub 1 i c He a r i n 9 0 n Au g us t 7, 1978 at Councilman Sikes seconded the motion. Upon roll call CARRIED 4-0. Mr. Kane .spoke to the to change the date of in Riveredge to R-4. August 14th hearing. Council and asked if it would be possible the Public Hearing on changing the lots He would not have any representation at the Councilman Sikes made a motion that the Council change the date of the Public Hearing on Riveredge acres from August 14, 1978 to August 21, 197B. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. Councilman Dietz made a motion to adjourn. Councilman Sikes seconded the motion. The meeting was adjourned. Minutes submitted by: Sue Blackwell Nancy Blazi / /~ / ~~A/ .' Mayor ---- 1'V"') '--;) + d ("VAC A-;f.'orJ f\6 4)..) 0 - EXC.U5ED Councilman She/ Counci ~. .~ &XC- SEE- D ATTEST: JL~,~.,. ,~ /' City. Clerk. -de Approved this /7 day of July, 1978. /C//) ~.AtW Mayor ~ 9