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06-12-1973 - Special t" 8 o ",c THE CITY COUNCIL OF THE CITY OF EDGEWATER SPECIAL MEETING HELD JUNE 12~ 1973 The Special Meeting of the City Council of the City of Edgewater~ Florida was called to order by Mayor Dana T. Armstrong on Tuesday~ June 12, 1973 at 7:30 P.M. ROLL CALL Mayor Dana T. Armstrong Councilwoman Marian Crigger Councilman Edward Clinton Councilman David C. Severance Councilman John G. Bevel City Attorney Joseph Weaver City Clerk Cornelia A. Kinsey Deputy City Clerk Elizabeth J. Crouser Police Chief George Katez Present Present Present Present Present Present Present Absent Absent APPROVAL OF MINUTES NONE BILLS & ACCOUNTS NONE OFFICERS REPORTS NONE COMt~UNICATIONS NONE RESOLUTIONS NONE ORDINANCES NONE OLD BUSINESS Mayor Armstrong stated the purpose of this meeting is to discuss the February 16~ 1973 proposal from Mr. Edwin H. Willis and others on the 30 acre recreation property. Mr. Willis has contacted the City Attorney as our verbal agreement to extend the original proposal sixty days is nearly up. The City Clerk read the Willis proposal of February 16~ 1973 in'fu11. Councilman Severance suggested we review the proposal paragraph at a time and state what the City can do. After discussing paragraph five regarding the F.E.C. railroad crossing~ the Council agreed it should read that the City would exhauat~their every effort to obtain ingress and egress across or under the F.E.C. railroad tracks. ~ o u o ~ ~ Paragraph six regarding the road paving proposal, Mayor Armstrong stated there is no fair way we can commit ourselves to paving a new road, when we currently have many streets within our corporate limits that have needed and still do need paving. Councilman Severance suggested we have paragraph~read as follows: The City of Edgewater would clear the public road through the owners' property and adjacent to the public park from Park Avenue north to the north city limits of the City of Edgewater (which also is the north line of the owners' property). After clearing, the right-of-way will be graded and a surface prepared containing marl and shell or other materials so that the right-of-way will be useable for vehicular access on or about two years from acceptance of this agreement by the City of Edgewater. Paragraph seven, Mayor Armstrong stated would be impossible to agree to, our water plant capacity is holding its own at the moment, but no one knows when a leak or other problems may arise. Paragraph eight, Mayor Armstrong stated would be impossible, as we can only speak for the City of Edgewater, we cannot say the City of New Smyrna Beach positively will provide the road right of way at the north City Limits. Mayor Armstrong did say that New Smyrna Beach is ~ry interested in this road as it would releive a great deal of their traffic congestion on Highway 44. Again our best answer to this committment would be that we would exhaust our every effort to obtain this road clear to New Smyrna Beach. Paragraph nine presents no problem, the City of Edgewater has in the past and still does, use Mr. Daniel W. Cory, for survey work. Paragraph ten, Mayor Armstrong stated would violate our enabling Ordinance number 400, as we are not allowed to lay free water lines anywhere. What could be done, would be to appropriate the water line extension cost in the Recreation, Park & Pier, General Fund budget and let that department pay the Water and Sewer Department. This line extension would only be to the North property line of the 30 acres in question, from there on Mr. Willis would have to pay for all the extensions. At 8:20 P.M. Mr. Edwin H. Willis entered the meeting and apologized for being late, but he had another meeting he could not change. Mayor Armstrong said that paragraph eleven is a review of the previous paragraphs we have just gone over, and the reverter clause falls in line with the entire proposal, which would be changed to fall in line with the changes we just discussed. Mayor Armstrong informed Mr. Willis that the laws have been changed regarding railroad crossings, the Department of Transportation now handles all applications and holds the hearings, we could in no way promise we would obtain a crossing and then have DOT refuse it. The Council briefly explained their proposed changes to Mr. Willis. Mr. Willis asked the Council if the land would be of any value to the City of Edgewater if they did not obtain the crossing? Mayor Armstrong said it would not be of any use. Councilman Bevel asked Mayor Armstrong for a ballpark figure on hard surfacing the one mile of road in question. Mayor Armstrong said approximately $15,000.00. Councilman Bevel asked the City Attorney to read the new proposal to Mr. Willis while we are all together, in case there are any questions we can answer them now. 2 . ..'" It' I" 8 o ",., The City Attorney read the proposed changes. Mr. Willis asked the Council, if he could get or assuming he could get shell from his property how much time would this cut from the two year proposal to complete the road right of way? Mayor Armstrong said that it should cut the time approximately in half. Mr. Willis asked if Mayor Armstrong was speaking for the entire Council. Mayor Armstrong advised Mr. Willis, yes I assume I am. Councilman Severance stated he saw no reason this could not be done, barring any crisis. Mr. Willis said he wanted to talk to the prospective buyers and will get back with you as to whether he can handle this new proposal. Mayor Armstrong said we will have Mr. Weaver write Mr. Willis's Attorney tomorrow with the new proposal from the City. Councilman Severance duly made a motion to except the February 16, 1973 proposal of Mr. Edwin H. Willis and others, subject to the proposed amendments which Attorney Weaver will prepare and re-submit to Mr. Willis, being seconded by Councilman Clinton. Upon roll call vote said motion .CARRIED. N E t~ BUS I N E S S MISCELLANEOUS NONE NONE \:. ADJOUR OR RECESS Councilwoman Crigger duly made a motion to adjourn this meeting, being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. TIME OF ADJOURNMEflT MINUTES TAKEN BY 9:10 P.M. Cornelia A. Kinsey A[~,.-:r ~-----~7-/Jk{> - fl y&/ L~ /" ...e<1 , J-~ .~~ r ATTEST: c&J~ CORNELIA A. KINSEY, CITY C ,K