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04-10-1978 - Public Hearing/Regular ~--.~ ~ o CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING April 10, 1978 Mayor Christy called the Public Hearing to order at 6:00 P.M. April 10, 1978 in the Community Center. The purpose of the hearing was the proposal to rezone R-4 to add duplexes as a permitted use; R-3 to add duplexes as a special exception and 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. 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 Eirl Baugh Present Present Present Present Present Present Present Mayor Christy said that the first rezoning proposal that would be discussed was the proposal to add duplexes as a permitted use: to R-4. The Mayor noted that there were no representatives from the Zoning Board present. The Council heard from members of the audience who opposed this rezoning of R-4. Various members of the audience spoke before the Council. There were approximately_ 10 people opposed. ! During the discussion of R-3 duplexes, the recommendation of the Zoning Board that duplexes only be allowed where duplexes already exist. Suggestions were made that a large map of the City be available to the citizens so that they could be sure of what areas were affected by rezoning. Councilman Sikes said that it was his recommendation that Mr. Diamond have a map ready for the next public hearing. Mayor Christy recessed the Public Hearing and called the Regular Meeting of the City Council of Edgewater to order. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING April 10, 1978 Mayor Christy call the regular meeting of the City Council to order at 7:00 P.M. in the Community Center ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell Present Present Present o o Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods Police Chief Earl Baugh Present Present Present Present INVOCATION The invocation was given by Councilman Walter B. Sikes. SALUTE TO FLAG The Council continued the Public Hearing. There was more discussion about the special exception regulations. Councilman Dietz said that he recently read a directive from the Housing and Urban Development. This agency has stated that by the year 1990 that the rate of inflation and interest in this country will require that 85% of the dwellings in this country will be multiple dwellings. This will not affect the present dwellings but we should have the foresight that in our future planning we allow for the proper expansion of multi-family dwellings. The Planning and Zoning Board will be discussing what is called a zero lot line. This is where each individual owns his own home which is a half of a duplex. This is a new trend and we have no classification for it. The request for duplexes in R-3 would in no way affect the zoning classifications as they are now, it would however relieve many situations created by the Zoning that was set up in 1974. There was a discussion about the meaning of assemblage as it pertained to buildings in the B-3 area. The City Attorney said that it was his understanding that the Zoning Board meant this to apply throughout the B-3 area to provide that manufacturing of goods, products, etc. could be done but you would have to have a building of at least a minimum of 5,000 sq. ft. in the B-3 zone and all the assembly would have to be inside that building. Richard Diamond, City Planner, said that he also believed that the Zoning Board had stipulated that the assemblage would not create noise, pollution or health hazards. The Mayor reminded the audience that there would be another public hearing on these zoning changes. Councilman Dietz said that at the next public hearing it would be appropriate to have the Zoning Board present to explain these changes and the regulations necessary to obtain a special exception. Mayor Christy said that all the Boards had been requested to have a member present at the Council meetings when there were subjects on the agenda that related to their Board. The Mayor closed the Public hearing. APPROVAL OF MINUTES Councilman Sikes made a motion that the Council adopt the minutes of April 3, 1978. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Mayor Christy stated that under the Water and Wastewater accounts, the bill for A. Shaffer had already been approved. Councilman Dietz asked about the bill for Diversified Electronics $145.00. Mayor Christy said that was for installation of radios in the trucks. ~ Councilman Dietz said that the Police Dept. should pay this cost since the Water Dept. had originally loaned them to the Police Dept. 2 o o " Councilman Sikes said that he had to ,agree with Councilman Dietz, that the Police Dept. should replace the units as they were when the Water Dept. let them use them. Councilman Rotundo and Police Chief Baugh agreed that the Police Dept. would pay this bill. '.... Councilman Shell made a motion to approve the bills for payments with the change on the Diversified Bill as noted. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS There was a memo from the Zoning Board recommending that the following lots be changed: Lots 7, 8 and 9 Block 2 Riveredge Acres changed from B-4 to R-l. Lots 1, 2 and 3 Block 3 Riveredge Acres changed from B-4 to R-2. Lots 10, 11 and 12 Block 2 Riveredge Acres and Lots 20, 21 and 22 Block 3 Riveredge Acres be changed to B-3. The Zoning Board recommended that these be changed to conform with the other zoning. Mayor Christy said that there was no one from the Zoning Board present. Councilman Dietz made a motion that the Council table this recommendation until a member of the Zoning Board could be present to explain it. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney said that he was present at that meeting of the Zoning Board and that the land in the Riveredge Acres area is presently zoned B-4 and permits fish camps. Many of the citizens feel that possibly the entire area .might someday have a lot of fish camps. Councilman Dietz said that there are also a number of duplexes in that area. Also this has to do with a change in the future planning of the city and the Planning Board should review this. Mr. Schilling, Chairman of the Planning Board spoke to the Council about an agreement that the Planning Board be consulted on any major zoning changes so that they can give their recommendation. This agreement has not been carried out. Councilman Dietz made a motion to amend the previous motion to table the m~mo for a later date. The amended motion was to refer this memorandum from the Zoning Board to the Planning Board for their review and recommendation to the Council. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. A memorandum from the New Smyrna Beach High School Band to hold a "trash walk a thon" to raise money for the band. The students would go around and pick up trash in the area al'ong sidewalks and park areas, etc. Solicitations would be made by April 29th. (The date on the memo stated March 29 but that was an error) Councilman Dietz made a motion that the Mayor should get the dates set with the band members and grant them permission for this fund raising event. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. A memo from the Fire Department requesting additional funds for their annual Fourth of July fireworks. Councilman Sikes made a motion to table this until next week. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. 3 o o A letter from Briley, Wild and Associates regarding the Wildwood Avenue area. This was for information only. A letter from CETA for Council information. A letter from May Zima regarding the Computer Phase II. Councilman Sikes said that it has been agreed to go ahead and put the general ledger on in lieu of the payroll and to bill us the money from Federal Revenue desigRated for the computer service. COORDINATORS REPORTS Councilman Shell said that the Britain property is not for sale. The property owners on Palmetto St. want to do something about the problem. We should have engineers look this area over. There are about 1.6 houses involved. Councilman Sikes said that it looks like we have a natural drainage to the South. It might solve the problem if the owner ran a ditch into the ditch in back of his place. There are really only two houses that have serious prfrblems. Councilman Dietz made a motion to authorize Mr. Shell to call in engineers to give us a report on what we should do in that area. Councilman Sikes seconded the motion. There was a discussion about a letter that a contractor who had built on Palmetto St. claims to have received from the city stating he did not need to build culverts. Upon roll call the motion CARRIED 5-0. There was a discussion on Wildwood water and sewer installation. The engineers will check that out also. Councilman Sikes said that they were short of help at City Hall due to an injury to one of the employees there and possibly we may ~ave to call Manpower for temporary help. Also he read in the news- paper that the grand jury is going to check into the City of Edgewater pertaining to certain violations. He would like the Council 0- write to the State Attorney's office inviting them to come and - to examine thoroughly any and all records. These charges keep continuing and they cost the city money to defend our position. The City Attorney said he has been trying to get in touch with the State to find out exactly what the charges are. He added that there was someone in the audience that might be able to tell us about this. Mr. Frank Opel spoke to the Council stating there should be an investigation, there are plenty of charges and he has given a deposition and when the time comes there will be a complete investigation and then everyone will know_what the charges~are. Councilman Sikes made a motion that the Council authorize the City Attorney to contact the State Attorney's office and invite them to investigate any and all records of the city. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz said he wished to recommend that the Council take a public stand on the water management problem that the County Council is now discussing. The City should take an active participation in opposing this. Mayor Christy said that many of the cities are opposed to this because of the extra taxation. They are trying to bring this up for discussion at the Volusia County of Governments meetings. Councilman Dietz said that the plan is a good one but the method of enforcing it is not right. 4 ------ o o Councilman Dietz made a motion that the Council authorize the Attorney to draw up a resolution pertaining to the proposed County storm water management. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy made a recommendation that the name of the person drafting the resolution be put on the resolution. He also spoke about the conference he had attended on the Florida League for Animals.1 One of the suggestions was that if the dogcatcher picks up a dog with ( a license, when he returns it to its owner there will be a fine of $25.00. The fine will increase each time the dog is picked up. If the dog has no license, the dogcatcher should check out if possible who owns the dog. If the owner is not found the dog is taken to the Animal rescue. He requested that the Council read the ordinance that was presented at the conference. Mayor Christy also suggested that members of the various boards sign for any material that they receive due to the complaints by many board members that they do not receive communications from the Council and other boards. Councilman Sikes asked the City Attorney what his oplnlon was in regard to Councilmen attending the various Board meetings. The City Attorney said that he did not believe that it was a good idea for them to attend these meetings unless there was a specific reasons or the Boards requested their attendance. It is possible that by attending some of these meetings some Councilmen may have pre-conceived notions about the subject under discussion when it comes before the Council. Councilman Dietz mentioned the 10% of the EDA money that must be spent on minority business enterprises. The Council had received a letter from Briley, Wild stating that we are actually overqualified for this requirement, we should come out closer to 14%. RESOLUTIONS Resolution No. 790 A RESOLUTION APPROPRIATING THE SUM OF $55,600.00 FROM THE WATER DEVELOPMENT TRUST FUND TO THE CONSTRUCTION ACCOUNT FOR THE CONSTRUC- TION OF PHASE II OF THE EDGEWATER WATER IMPROVEMENT FACILITY, RE- PEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this Resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES None OLD BUSINESS None NEW BUSINESS None Councilman Rotundo made a motion to adjourn the meeting. Councilman Shell seconded the motion. The meeting was adjourned. 5 ~ ~ o MINUTES TAKEN BY: Deborah Sigler Nancy Blazi ATTEST: Approved this April, 1978 day of o Councilman 6 ~. f0 ~