Loading...
01-31-1977 - Regular r) '.. ..... o o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD January 31, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, January 31,1977, at 7:30 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Henry C. Riggs Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney William Gillespie City Clerk Sue Blackwell Police Chief Earl Baugh Present P~esent Present Present Present Present Present Present INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Sikes stated that on page five of the minutes of the meeting held January 17th, it shows that the proposals for group retirement are to be back March 1st, and that should read February 15th. Councilman Sikes made a motion that we approve the minutes of January 24th and the minutes of January 17th as corrected, being seconded by Councilman Dietz. Councilwoman Webber stated that on the,minutes of the meeting January 24th it shows that she was excused, and she/attended the meeting, however she was late. The moti on and the second were wi thdra'wn. Councilman Sikes made a motion that we approve the minutes of January 17th and January 24th as corrected, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Riggs voting No on the 17th and yes on the 24th, all other votes being yes. BILLS AND ACCOUNTS: Councilman Dietz made a motion to pay the bills, being seconded by Councilman Si kes. Mayor Armstrong called for any questions on the bills. There were several questions answered by the City Clerk, and the Council members answered questions from the audience. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. ~ o COMMUNICATIONS: The City Clerk read a letter from the Building Official stating that the house that is being built at 1105 South Riverside Drive is being built on a site with all legal setbacks required by Ordinance 880. Mayor Armstrong stated that he checked this property out also. He said that Ordinance 880 says that we have to have 1200 square feet to build. This property has 4,444 square feet, and it constitutes a 70.79 foot lot by approximately 80 feet deep. Councilwoman Webber asked if this was measured out to the bulkhead line? Mayor Armstrong stated no, this was just land. Councilman Sikes stated that he looked over this property also, and there is ample footage directly in back of the house. Councilman Dietz stated that he also checked this out, and he spoke with Mr. Murphy about it, and he sees no problem. Councilman Sikes asked the attorney what determines the front of your house? He added that if he was going to build on the river, he would want the front of his house facing the river. Attorney Gillespie stated that the City has a Building Official, and you have the obligation to either fire him or adhere to his views. If you do not agree with him, you can get a surveyor to survey the property. Tape 1 A Mr. Bob Wolfe was in the audience and spoke to the Council, he said that according to the U.S. Department of Mailing the front of the house is that part facing the street. Councilman Dietz made a motion that we accept the Building Official's report on this and make it a matter of record, being seconded by Councilman Sikes. Mrs. Murphy spoke to the Council about this. She stated that she is concerned because we do not have a building line along the river. There was some conversation about this. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a recommendation from the Zoning Board, that three new classifications be made in B-2 Zoning, on land west of the Florida East Coast Railroad tracks from 21st Street to 30th Street, 1. auto body shops, 2. mini shops, 3. tool and grinding shops. Mayor Armstrong explained that Ordinance No. 880 must be amended if we con- sider this, and we will have to have a Public Hearing to make this change. Mr. Wolfe answered some questions from the Council about this recommendation. Mayor Armstrong recommended that we have several things pending under zoning which have been referred to the Council and now this and the Council should set up a date for a Public Hearing. He suggested February 28th, and that between now and then all requests in writing related to zoning should be sub- mitted so that we can advertise it. Councilwoman Webber stated that she does not feel that this changes the zoning law, it is an addendum.to it. Attorney Gillespie explained that as long as we advertise and have the hearing in February, then we can go through the regular channels as far as having an Ordinance drawn up. -2- Q o Attorney Gillespie explained that if we adopt a Resolution next week, of our intention to have a hearing, the publication can go in the paper the next day which will be 15 days until the 28th, however the Resolution should be rather specific as to the sections of the Ordinance that we are going to consider. Mrs. Murphy spoke to the Council again, that rather than make this addition to a certain B-2 district, why not set up a B-7 district where this can be allowed. There was quite a bit of discussion about this. Mayor Armstrong explained again that all requests should be in to the City Clerk on or before the 14th of February. Councilman Dietz stated that Ordinance 880 has cost us a lot of money, and he feels that the Zoning Board should sit down and go through this Ordinance and let us make all of these changes at the same time. Tape 2A Councilwoman Webber made a motion that the City Clerk put this in the paper all applications to be submitted before the 8th of February for the Public Hearing February 28th at 7:00P.M., being seconded by Councilman Dietz. Mr. Wolfe spoRe to the Council again, stating that it is definitely time to update the Zoning Ordinance. Upon roll call vote said motion CARRIED, 5-0. Councilman Dietz made a motion that we instruct the Zoning Board to go through Ordinance 880 and bring to the Council any necessary change they feel would be advantageous to this Ordinance, being seconded by Councilman Riggs. There was more discussion about this! Upon roll call vote said motion CARRIED, 5-0. The City Clerk read another request from the Zoning Board requesting that Attorney Gillespie attend their meeting tomorrow night. Attorney Gillespie stated that he will be there. The City Clerk read a letter from Doug Cole requesting a trailer permit to set up a shop office on his property at Mango Tree Drive. He stated that this will be used as a shop office only. There was discussion on this. Councilman Sikes stated that he sees no reason this can not be granted, however we should go through the proper channels. There was discussion as to whether this is a variance or a change of zoning? The attorney explained that he thinks this would be asking for a rezoning because he wants to put a trailer on this property which is a different use entirely from the zoning. A variance would be to put a house in a residential area on a lot that is too small for the house. Councilman Dietz made a motion that we turn this over to the Zoning Board for their opinion, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED 5-0. The City Clerk read a notice of a Public Information'Meeting scheduled by the Department of Environmental Regulations, February 16th at 7:30 at the Junior College. No action was necessary on this communication. -3- o o The City Clerk read a letter from Dr. Kelly's office to all Cities that the Volusia County Council has scheduled a workshop for Monday, February 7th, at 7:30 P.M. at the Courthouse Annex in New Smyrna Beach. This is to provide an opportunity for all municipalities to discuss the proposed Volusia County water management and conservation ordinance. Councilman Dietz stated that although this conflicts with our own meeting night, this is a very important meeting. Mayor Armstrong stated that for a lack of a quorum on Monday night we could recess until Tuesday, and we could meet in the Mayor's office. Councilman Sikes made a motion that we instruct the Mayor and Vice Mayor to attend this meeting as representatives of Edgewater, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read the General Fund Cash Statement. The City Clerk read a notice of a Manpower Planning Council meeting, February 2, 3:30 to 5:00 in Daytona Beach. She added that this is a nominating committee seeking applications to the membership of the advisory council. Councilman Dietz asked if this is something that the City should be interested in? Mayor Armstrong stated that it is not necessary, this is primary for the CETA I program. Councilman Sikes made a motion that we instruct the City Clerk to advise Mrs. Sigler that we would like for her to attend this meeting, and pay whatever her expenses are, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from the Board of Adjustments stating that they approved a variance for Lovell Real Estate Company so that a new office building can be built on the property. Tape 2B Mrs. Lovell answered some questions from the Council about this. After much discussion, Councilman Dietz made a motion that we accept the recommendation of the Board of Adjustments, being seconded by Councilman Sikes. Mrs. Murphy spoke to the Council about this, stating that it should have been set out specifically that this was going to be a 10 foot front setback. She also stated that the letter to the Council should say what the vote was so that the Council will know that this was not a majority vote. She explained her reason for voting against this variance, and she read the criterea for granting a variance and explained why she does not feel that this applicant should be granted a variance. She added that if we give the setback to this applicant and don't give it to the others who may ask for one than you have granted this applicant a special privilege. To be fair and give it to every- body, you will be changing the setback on the entire U.S. 1. Councilwoman Webber stated that this is would come under a hardship, since she would only have a five foot setback between her house and the new building in the back and she must have more than that. Mrs. Murphy stated that she has 180 feet depth. Mayor Armstrong stated that from the view point of the ten feet that we are talking about it would be penny wise and dollar foolish to distruct the property when it is of no detriment to the property. Mrs. Murphy continued to state that she hates to see the whole setback line on U.S. 1 is going to be changed to accomodate a substandard building. -4- o o Councilman Sikes stated that this would not be changing the whole setback. Mrs. Murphy stated that you can not grant one person to setback 30 feet and then make the person who builds next to him setback 40 feet. She stated that if this was not on the highway it would not be a great concern, however we may need to expand someday on U.S.l, and she feels that this is a mistake. Councilman Dietz stated that he did look this over and he thinks that the new building will be an asset to the whole City. Mrs. Murphy stated that the new building will be an asset, but since she has 180 feet why can't she go back and meet the setback? Councilman Dietz stated that this will create a financial hardship on her. Mrs. Murphy stated that the Ordinance specifically states that a financial hardship shall not be a consideration. She again stated that if this was not U.S. 1 it would not be such a concern. She stated that U.S. 1 and Riverside Drive are very important streets in this community. She asked Mayor Armstrong to ask for an opinion from the attorney for an interpretation of the Ordinance before you vote. Councilman Dietz called for the question. Upon roll call vote said motion CARRIED, 5-0. AUDIENCE MISCELLANEOUS: Mr. Gross spoke to the Council in regard to the Chamber of Commerce. He stated that he gave Councilwoman Webber an opinion written by the Attorney General, and he would like the Mayor to ask our attorney for his statement. Attorney Gillespie stated that he received a copy of this and he will be glad to render an opinion on this if the Council wishes him to do so. Mayor Armstrong turned this letter over to the City Clerk, to have copies made for all of the Council, and to have it placed on the agenda for our next meeting. Mr. Robert Christy spoke to the Council about a trailer that has been parked on India Palm for a long time. He wonders if anything can be done about it. Mayor Armstrong instructed the Chief of Police to give the Council a report on this. Councilman Sikes stated that he has given copies of a proposal for a pension plan, and Mr. Ascheral is at the meeting to let us know that his services are available if we would like to set up a meeting with him to discuss this. Mayor Armstrong explained that we had said that we would wait until the 15th of February to receive information at which time we will compile and come up with what we think will be of the best interest of the City and those concerned. Mr. Ascheral spoke briefly to the Council about the companies not being able to ~end in bids or anything until they know what type of plan the City is interested In. He also explained that it is a state requirement that the City has to have a Resolution passed by March 1st establishing the pension plan in order to quali- fy for a full year's benefits. -5- o o Tape 3A There was more discussion with Mr. Ascheral about this. Councilman Sikes stated that we should all go over the information that comes in on this, and then we should have a meeting and ask Mr. Ascheral to attend and answer all of our questions without mentioning any bids or anything like that. Then we can say to the other companies that this is the kind of plan that we want, and ask what they can provide. Mr. Ascheral tried to explain to the Council that the companies do not know what kind of information they are to be sending in for the Council to look over. It was agreed that there will be a meeting on the 16th for the purpose of discussing the pension plan. Mr. John Gross asked if the Council could do anything about getting another mailbox for the City to use. Mayor Armstrong requested that the City Clerk call the postmaster and see if the current mailbox can be used and find out about another one. RESOLUTIONS: RES. NO. 698 A RESOLUTION APPROVING THE RECOMMENDATION OF THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REGARDING A VARIANCE FOR CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Gillespie read this Resolution in full. Councilman Sikes made a motion to adopt this Resolution, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. RES. NO. 699 A RESOLUTION APPROVING THE RECOMMENDATION OF THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REGARDING A VARIANCE FOR CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Gillespie read this Resolution in full. Councilwoman Webber made a motion to adopt this Resolution, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. RES. NO, 700 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ACCEPTING THE BID OF HARRIS BUILDERS OF VOLUSIA, INC., A FLORIDA CORPORATION, FOR THE CONSTRUCTION OF AN ADDITION TO THE CITY LIBRARY OF THE CITY OF EDGEWATER, FLORIDA FOR THE AMOUNT OF $25,255.45, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH HARRIS BUILDERS OF VOLUSIA, INC., FOR THE CON- STRUCTION OF AN ADDITION TO THE CITY LIBRARY OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND REJECTING ALL OTHER BIDS, AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Gillespie read this Resolution in full Councilman Riggs made a motion to adopt this Resolution, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. -6- o u ORDINANCES: None OLD BUSINESS: Tape 3B At this time there was discussion about the garbage service. The Council went over the contract to make sure that it was completed properly. They also talked with Mr. Rogers from Tomoka Refuse. It was agreed that com- mencement date will be February 28th. Councilman Dietz made a motion that we instruct the Mayor and City Clerk to execute the contract, being seconded by Councilman Sikes. Mr. Walter Gross asked about the garbage truck that we own. It was explained to him that we are going to keep the truck and we will decide later on what we are going to do with it. There was more discussion about the new customers that we may get, and that the City is not going to have any surplus from these new customers. It was explained by Councilman Dietz that the Ordinance that refers to the garbage collection for the City of Edgewater will not change, the only thing that will be different will be the collections. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. Councilman Riggs asked if the additional money that we accumulate from the garbage can be put in a fund where it will come back to the Street and Garbage Department in case we get into a situation where we would want to go back into the garbage pick up ourselves, so we would have money to buy trucks with? Councilman Dietz suggested that all monies taken in on the solid waste should be put in a separate fund and that money would be left to accumulate and invested in a capital improvement fund so that at the end of five years if we decide to go back into the business we would have the money and wont have to go into a bond to get it. Councilman Dietz stated that we had a variance a couple of weeks ago about a variance on the Magnuson property and we held it up because of the legality of the chairman voting. Mayor Armstrong stated that he wanted an opinion on this from the attorney as to whether a chairman has to sign an affidavit of conflict of interest or else he has to vote either yes or no. He said that he looked into fuis and he can not find anything about it in the Ordinance. There was discussion about this with the attorney. It was explained that we have to have all of these other things that we have already discussed, the Public Hearing and so on. Attorney Gillespie stated that this should also be put in with the Public Hearing on February 28th to change the Ordinance. NEW BUSINESS: Councilman Dietz stated that he spoke to Mr. Murphy, Building Official, and he has nothing to tell him how to put in the driveway tiles, he just has to tell the contractors to put them in. Mr. Martine and Mr. Riggs will tell you that this is not working because the contractors put them in any way they want to and we are not getting drainage. He recommended that we let the City crews put these tiles in and charge so much per foot for the length of the tile. -7- o Q Tape 4A Councilman Riggs stated that he spoke with a gentleman about this today, and his recommendation was that the people buy the tile and the pipe and we will charge them about $80.00 to put it in, so that it will be done right. He suggested that nothing be done with the new homes right now because the City crews are going in and tryin~ to get the ditches to drain right. Mayor Armstrong stated that we might be able to solve this problem by drawing up an ordinance requiring a driveway permit then we reserve the right to set the specifications for elevation. There was more discussion about this. It was agreed to have the attorney draw up such an Ordinance. Attorney Gillespie stated that he is working on the lawsuit against the City, and it is time consuming, and he does not want to be working on very much except this until a week from Friday. The City Clerk spoke to the Council about the bills from Briley, Wild in regard to the FmHA project. Councilman Dietz made a motion that we instruct the City Clerk and the Mayor to pay these bills, and for the City Clerk to make the necessary arrangements to borrow the money from the bank, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a bill from Briley, Wild in the amount of $5,285.00 which is part of the total fee of $15,100. We have paid them $6,040, and of this we are suppose to be getting back 75%. This is on the 201 Plan. Councilman Dietz made a motion that we instruct the City Clerk to pay this bill, being seconded by Councilwoman Webber. Mayor Armstrong asked what fund this is going to come out of? The City Clerk stated that she believes that this will come out of the Revenue Fund. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from J.E. Tumblin Agency for 1975-76 deposit on the liability package is $2,324.00, the deposit for 1976-77 on the same thing is $2,445.00. She explained that there is a lengthly letter in regard to this, and we do owe them the money. Councilman Dietz made a motion to pay the bill, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. MISCELLANEOUS: The City Clerk stated that she would like permission from the Council to put two or three hundred dollars into an ad in the paper primarily showing the garbage pick up, with a reduced map of the City, showing the days of pick ups. Councilman Dietz stated that he will go along with this if the City Clerk will get with Councilman Riggs first because he is going to talk with the man from Tomoka Refuse and there may be some changes made. Councilman Riggs stated that he would like to purchase a Roto-tiller. He stated that it will run around $\600.00 for this. The City Clerk stated that there is $5,000.00 in the budget to cover this. Councilman Dietz made a motion that we give Mr. Riggs the right to make this purchase, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong abstained, and then voted yes. -8- o <.J Councilwoman Webber stated that we were suppose to appoint people to these boards. She asked which boards are short of members? It was explained that the Planning Board has recently had two resignations. Councilwoman Webber stated that Mr. Schilling and Mr. Grollemund have both shown an interest. . Councilman Dietz told her to get with be City Clerk and have the Resolution drawn up for our next meeting. Councilman Sikes stated that we have police cars that are suppose to be in the City by February 8th. He said that if we don1t get these cars by that time we should get out of the contract. Attorney Gillespie stated that perhaps if you can certify an emergency you should be able to accept the next bid, however he will check this out. Councilman Sikes stated that we will know more by next Monday night. Mayor Armstrong stated that he has a report to make; the Edgewater bridge is firmly in the plan, and the four laning of Indian River Boulevard is in the plan to the 195 opening. ADJOURNMENT: Councilman Sikes made a motion to adjourn, being seconded by Councilman Riggs. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler Ma12 ~~ --r r4!:na? ~~ ~ ~s CM~ -r O? ( d day of ~L r-- ~..,/ ( U- ""'Z/JA A ../ C7 Approved this ~ / ATTEST: ~) ((kLdi City Cl erk February, A.D. 1977. jj)_-y~~ Mayor -9- . . . o GENERAL FUND: City of Edgewater Gen. Fund City of Edgewater WW & SS Public Gas Little Drug Company So. Fla. Natural Gas Co. Edgewater Hardware Larry Gibson Williams Welding News & Observer Case Power & Equipment Orlando Laboratories Inc. St. of Fla. Dept of Commerce Ropp;s Automotive Magnolia Lawnmower Service D&M Wleding and Machine Shop Goodyear Service Store R.E. Morris New Smyrna Builders Supply Orlando Paving Company Gray Drug Stores Burns Janitor Service Ivy Lane Tony's Repair Scotty's Revenue Sharing Advisory Service WATER AND WASTEWATER: City of Edgewater Gen. Fund City of Edgewater WW & SS City of Edgewater Gen. Fund Tru-Gas Burroughs Corporation Pargo Distributing of Florida Ace Electric Supply Company All State Pipe Supply Company Hughes Supply, Inc. Walker Miller Equipment Company Badger Meter, Inc. Sav-On Utility Supplies, Inc. Briley, Wild & Associates (,) BILLS AND ACCOUNTS January 31, 1977 Petty Cash Blpk. ,Street Street P.O. Com. Ctr. EVER Street Street City Counci 1 Street Landfill Unemployment Street Street Garbage P.O., Street P.O., Street Street, Chamber St.Paving & Impr. P.O. Street, City Hall C.D. P.O. Bldg. Insp. City Cl erk 1 04 . 46 11 . ~5 16.80 10.25 88.56 29.44 22.28 3.30 3.20 59.05 441.00 658.65 50.30 38.23 18.00 643.58 22.99 10.43 83.23 13.86 81.00 10.75 64.01 22.05 90.00 2,596.97 Petty Cash Wastewater Water (Equip. rental) Wastewater Water and Wastewater Water Wastewater ~Ja ter Water Water Water Water Water and Wastewater 35.00 5.50 165.00 15.20 33.00 495.00 11 .70 540.00 980.70 41.53 70.71 296.43 184.86 2,874.63