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04-24-1978 - Public Hearing/Regular ~ ; , ~ ~ o o CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING April 24, 1978 Mayor Christy called the Public Hearing to order at 6:00 P.M. 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 Police Chief Earl Baugh Deputy Clerk Nancy Blazi Present Present Present Present Present Present Present Present The Public Hearing was held for the purpose of discussing proposed zoning changes as follows: 1. R-4 to add duplexes as a permitted use. 2. R-3 to add duplexes as a special exception. 3. B-3 to add as a permitted use under a special exception the use of buildings with a minimum square footage of 5,000 feet for assemblage. - The first zoning change to be discussed was R-4 to add duplexes as a permitted use. Mayor Christy called on the people in the audience who we for this zoning change to speak first. Mr. McKay spoke for the zoning change. Members of the Zoning Board (Mr. Mackay, Mr. Nichols and Mr. Engle) were present and used maps'to show the various areas affected and explained to the audience why the Zoning Board had recommended this addition. . The majority of the audience was opposed to the addition. The next zoning change discussed was R-3 adding duplexes as a special exception. The Deputy Clerk read from Ordinance 880 some of the criteria that must be met to grant a special exception. The Zoning Board had recommended that this be added where duplexes already exist within 50 ft. of the duplex to be built. Mr. Griffith spoke in favor of this zoning change. The majority of the audience were property owners in Florida Shores. They wanted Florida Shores area protected from the possibility of any duplexes being built in that area. The Public Hearing was recessed at 7:00 P.M. for the regular Council meeting. ~ o o REGULAR COUNCIL MEETING Mayor Christy called the regular Council Meeting of the City of Edgewater to order at 7:00 P.M. 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 Police Chief Earl Baugh Deputy Clerk Nancy Blazi Present Present Present Present Present Present Present Present INVOCATION Rev. Canova gave the invocation. SALUTE TO THE FLAG Mayor Christy reconvened the Public Hearing. The Council and the audience continued to discuss R-3 zoning changes. The Zoning Board members answered questions. The next zoning change discussed was B-3 to add as permitted use under a special exception the use of buildings with a minimum square footage of 5,000 feet for assemblage. Mayor Christy called on the people in the audience to speak for or against this proposal. There was little opposition to this proposal. There was a discussion about the meaning of the word assemblage. Members of the Zoning Board stated that they meant to put something together as opposed to manufacturing something. The Council discussed the necessity to have the meaning clearly defined in any ordinance passed on this zoning change. This was the second Public Hearing held on these zoning changes. The Mayor adjourned the Public Hearing. APPROVAL OF MINUTES Councilman Shell made a motion that the Council accept the minutes of the April 10, 1978 Public Hearing and Regular Council Meeting. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Sikes made a motion that the Council approve these bills for payment. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS Southern Bell - Police Dept. A letter from Southern Bell commending the performance of members of the Edgewater Police Department during a recent fatal accident that occurred on U.S. 1 at the site of work being done by Southern Bell. This was for Council information only. Disneyworld - Membership A letter from Disneyworld offering Magic Kingdom Club membership to employees of Edgewater for a two year registration fee of $50. Councilman Sikes made a motion that the Council authorize the payment of this registration fee and that it include volunteer firemen, rescue and others directly or indirectly serving the City. 2 ~ ~ o 0 Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. J. Nichols - C.D. Conference A letter from Mr. Nichols, Civil Defense Coordinator requesting Council permission and funding to attend a conference in Tallahassee. Mayor Christy said that this was a very important conference and it would be worthwhile to have a representative from Edgewater there. Councilman Dietz made a motion that the Council authorize Mr. Nichols attendance and funding. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. . Boy Scouts - Cleanup Day The local Boy Scout Troop will participate in the Cleanup Day, April 29th by cleaning up U.S. 1 from MacDonalds to Silver Ridge. They asked for permission to place trash bags along U.S. 1 and for someone to pick them up. Councilman Sikes made a motion that the Council authorize the participation of the local Boy Scout troop in Cleanup Day and that the City Street Dept. would be responsible for picking up the trash bags. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. F.E.C - Grade Crossing Maintenance A letter from the Florida East Coast Railway informing the Council that it would be necessary to perform maintenance of the grade crossing on Ocean Avenue. The City's cost will be approximately 9.00 per square foot if the railway does the work. Councilman Dietz made a motion that the Council table this until next week so that Mr. Shell can examine the crossing and determine what maintenance work needs to be done. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATORS .REPORTS Councilman Rotundo asked about some decision concerning a dog catcher. Mayor Christy said that it m~ght be possible to get a CETA man for the position. Police Chief Baugh said that he might have the answer to the question. There is a man who Edgewater sponsored at the Police Academy. This man is a CETA employee at New Smyrna but is willing to change jobs if he could receive the same amount he is paid now. This man is a qualified police man and would be able to act as a police officer. It will be necessary to check with the CETA people to find out if we can do this. Councilman Shell said that the Street Dept. had two old garbage trucks that they cannot use and they should be sold. There was a discussion about whether the City should sell these trucks or fix them up and try to use them. Councilman Sikes made a motion that the Council go out for bids on selling the trucks. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Rotundo and Mayor Christy voted NO. Councilman Shell said that Mr. Collett who had a house built had paid for a culvert but that he believes the contractor should have paid for the culvert. Mr. Murphy, Building Inspector, said he believed this was between the contractor and the builder. Mayor Christy said that this would be held over till next week until the Attorney and the Building Inspector could talk this over and report to the Council. 3 . ....- o o Councilman Shell said that they also have problems with areas where they might not need culverts. Mr. Webster has put up his money and we cannot give the money back until a decision is made on whether or not a culvert is needed. The City Attorney said he needed to know about these problems before the Council meetings so that he could study the problem and give them an answer. He does not have all the answers that readily available. Mr. Webster told the Council that he believes each culvert permit should be judged independently. Councilman Sikes said that he thought we had decided to leave the decision up to the Building Inspector. The City Attorney will check this out also. Councilman Sikes spoke about a dinner for the Board Members and their wives to show appreciation for the work they have done. Councilman Dietz said that he had checked with the Nice Place and gotten prices from them. It would cost about $5.00 per person. There was a discussion about the date for this dinner. Councilman Dietz made a motion that the Council go ahead and plan for this dinner on a Wednesday night possibly the 17th of May. The money would come from special promotions. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz said there would be a preconstruction conference at City Hall on April 25 at 2:00 P.M. He also wanted to recommend to the Council that they approve the hiring of Mr. Ronald Sigmon as Public Works Director. He will be the superintendent of both the Water/Wastewater ~nd Street Departments. Councilman Sikes said they had run a credit check and also called previous 'employees. Mr. Sigmon was recommended by Briley, Wild. Councilman Dietz made a motion that the Council hire this man at a salary of $16,000 to be divided between the Water and Street Dept. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. Mayor Christy said that he had the report from Mr. Ascherl. The City would save about $31.00 a mo~th to delay the addition of death benefits until June. Councilman Sikes made a motion that we table any action on this until the last meeting in May. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy has had a request for some benches to be put down at the end of Indian River Blvd. on Riverside Drive. Mrs. Denton spoke about the need for these benches. The Mayor will see that these benches are put there. There was a request from the City Clerk to have the Council consider the fact that there is no policy covering employees injured on the job (other than police officers) to pay employees until compensation takes over if the employees have no sick leave accrued. If the employee has sick leave it could be used up before he receives workmen's compensation benefits. The Council is asked to study the police contract and possibly to extend the coverage they get to all City employees. Councilman Shell made a motion that the Council table this until next week. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. 4 ~ o o RESOLUTIONS The City Attorney read Resolution No. 792 A RESOLUTION GRANTING A SPECIAL EXCEPTION FOR OUTDOOR STORAGE AND FENCE TO ROBERT REDDING, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion that the Council adopt this Resolution. Councilman Dietz seconded the motion. Councilman Sikes asked if this specifically stated that no motor homes, travel trailers only boats and marine supplies. He said that the resolution should state marine equipment only. Councilman Dietz withdrew his second. Councilman Shell withdrew his motion. Councilman Dietz made a motion to adopt this resolution as amended to read "Marine equipment only". Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 793 A RESOLUTION GRANTING A VARIANCE TO HAROLD BROWN FOR THE CONSTRUCTION OF A GARAGE ON HIS LOT AT THE CORNER OF UMBRELLA TREE AND INDIAN RIVER BLVD., EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT 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 5-0. PROCLAMATION: The Mayor issued a proclamation declaring Law Week. ORDINANCES First Reading: Ordinance No. 1007 AN ORDINANCE REZONING THE C.N. HAMEL PROPERTY FROM MH-l TO R-4 AND B-3, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. OLD BUSINESS Backhoe A list of specifications was presented to the Council for a backhoe. Councilman Dietz made a motion that the Council 00 out for bids for the purchase of a backhoe. Sealed bids to be in by May 22 at 4:00 P.M. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Dedication of Bouchard property The City Attorney stated that Mr. Bouchard wishes to dedicate a 401 x 991 strip to the City. Councilman Dietz made a motion that the Council authorize the City Attorney to draw up the necessary papers for this dedication on a strip 40. x 991. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Briley, Wild Bill The Council was asked to approve a bill from Briley, Wild. Councilman Dietz made a motion that the Council approve this bill for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. 5 ~ o o NEW BUSINESS Jim Cameron, construction on Virginia Ave. Mr. Jim Cameron spoke to the Council about some construction he is doing on Virginia Ave. He complained that the Building Inspector did not tell him the necessary elevation and that he had to redo a lot of his ,work because the Building Inspector refused to let him continue with the building until the proper elevation requirements were met. He feels the Council should make sure that the Building Inspector gives all the necessary information to builders so that this would not happen again. The Building Inspector said that he was quite sure all the builders in the area knew the requirements for building on or near Riverside Drive. The permit for this building was taken out so long ago that when the work was finally started it would be difficult to remember whether he gave advice on elevation requirements. Mr. Cameron said that he would abide by the requirements but objected to the extra cost and time involved because the Building Inspector did not inform him of the requirements The Council returned to the subject of the zoning changes discussed in the Public Hearing. Councilman Dietz made a motion that the Council authorize the Attorney to draw up separate ordinances granting zoning change R-4 addition of duplexes as permitted use and B-3 to allow permitted useunder~special exception for buildings of 5,000 square ft. for assemblage. Councilman Rotundo seconded the motion. There was more discussion by the Council. The motion on the floor did NOT CARRY by a vote of 3-2. Councilman Rotundo and Councilman Dietz voted YES. Councilman Sikes made a motion that the Council authorize the Attorney to draw up an ordinance to add to B-3 as permitted use under a special exception the use of buildings with a minimum square footage of 5,000 feet for assemblage and to define assemblage as recommended by the Zoning Board. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes made a motion that the Council table the zoning changes for R-4 and R-3 until next week. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman' Rotundo and Councilman Dietz voted NO. Councilman Sikes .asked the City Attorney if he had any answer as to the availability of personnel records., The City Attorney stated that the question of invasion of privacy has still not been satisfactorily answered. At this time, the records of City personnel, including the Police Dept. are public record but there can be matters that the employee feels are confidential nature for example unlisted phone numbers could be considered privileged information. He hopes to have some information next week. Councilman Sikes made a motion to adjourn the meetin9. Councilman Shell seconded the meeting. The meeting was adjourned. 6 o MINUTES TAKEN BY: Nancy Blazi ATTEST: ~!<L ~ e'ity Clerk Approved this day of May, 1978 ~. Ma~f19 (.) (!aJ~ Councilman Councilman Councilman ~ 7 ~. ~ ~