08-02-1982
0 0 tl-~~
CITY OF EDGEWATER
, AGENDA ~ftL6j
AUGUST 2, 1982
7:00 P.M.
COMMUNITY CENTER
1. Call to Order, Roll Ca 11, Invocation, Salute to the Fl ag
2. Hearings
82-0-21 Re-zoning Park Avenue West, 2nd & Final Reading. Action:
82-0-24 Driveway Permits, 2nd & Final Reading. Action:
82-0-25 Councilmanic Inquiries & Use of Facil ities, 2nd & Final
Reading. Action:
82-0-26 Zoning Map Approval, 2nd & Final Reading. Action:
3. Minutes of July 16 Special Meeting and July 19 Regular Meeting
4. Bills and Accounts
5. Communications
\.,
A. City Attorney Reports
B. City Manager and Department Head Reports
C. Attorney Gillespie - Street Abandonment
D. Dan Holahan - Objection to Property Liens
E. Building Code Board
F. Esther Swasey
G. Judge and Warren, P..A.' (McEver case)
6. Ordinances and Resolutions
A. 82-R-38 Authority to Execute Employment Agreement with City Manager
B. 82-R-39 Approval of Changes in Personnel Rules
C. 82-R-40 Industrial Development Board Vacancy
D. 82-R-41 Citizen Code Enforcement Board Vacancy
E. 82-R-42 Paving Program (correction)
F. 82-0-27 Liening to Collect Del inquent Rubbish Collection Bills
G. 82-0-28 Re-zoning, Hall, Park Avenue West
7. Unfinished Business
A. Appo i ntment of City Attorney J0\4..l2.62 ~~ S' Ik..{frs1 to ~ ~~ (;-') '7 ~= 'l-<1 'f'j.
~ B. Street Abandonment
8. New Business
A. Approval of Traffic Signal Maintenance Agreement-U.S.#1 & Park Ave.
~ -{e.,\A"t-~j\Jl-t7F.~ 6vi-0-v.s-<-~~~
M i ~ous dl.. J ,~ t5~ck. ~ O......"t 1- (Q....( L Ni It-, ~ A f{€;~S2..Jb.r~
Adjourn to August 16, 1982
9.
10.
NOTE: Budget Workshops August 18 and 19, 1 :00 P.M., Community Center
,... "PURSUANT TO CHAPTER 286. F.S..IF Afi
INDIVIDUAL DECIDES TO APPEAL ANY DECISION
MADE WITH RESPECT TO ANY MATTER CON-.
SIDERED AT A MEETING OR HEARING. THAT
INDIVIDUAL WILL NEED A RECORD OF THE
PROCEEDINGS AND WILL NEED TO INSURE TH>.T
A VERBATIM RECORD OF THE PROCEEDINGS 1;)1 A
MADE." _ /' I
o
o
EXPLANATORY DATA
AUGUST 2, 1982
2 . Hea r i n g s
82-0-21 Re-zoning, Park Avenue West, 2nd & Final Reading. Action:
The last motion made at council to re-zone this area IB-2" was misinter-
preted, so in order to gain the wishes of each property owner I polled
them all. The results of this poll were transmitted to the Zoning Commission,
which recommended as follows:
That all that portion east of Mr. Dunning's easterly 1 ine be left as is,
which is a combination of 1-1 and MH-l, and that Mr. Dunning's appl ication
be denied, leaving the balance as B-2 (Council's decision at last meeting),
and his as 1-1 and MH-]'
A poll of the three remaining property owners, Dunning, Porter, and Bell,
indicates the following: Mr. Dunning still wants R-4, but fail ing this,
1-1 for his entire property; Mr. Porter wants 1-1 for his entire property;
and Mr. Bell wants R-4 for his entire property.
Please bear in mind that the Council will have to have a 4-0 vote on any
change to the Zoning Commission's recommendations. To summarize:
1. Mango Tree Drive to the east 1 ine of the Dunning property - 1-1 and
MH-l as at present. (Zoning Commission)
2. The east 1 ine of Mr. Dunning's property west to Wildwood: B-2.
(Zoning Commission, City Council)
3. Mr. Dunning wants R-4, but if not, alII-I.
4. Mr. Porter wants all I-I.
5. Mr. Bell wants R-4.
5. Communications
C. Attorney Gillespie - Street Abandonment
See attached letter (and item 7B) from Attorney Gillespie who demands
that Eaton Drive between Industrial Road and the railroad tracks be
returned to Robert Fuller, his client.
D. Dan Holahan - Objection to Property Liens
Mr. Holahan objects to the concept of trying to collect money from
owners who owe money to the city for unpaid rubbish collection bills
v i a 1 i en s .
E. Building Code Board
See attached.
F. Esther Swasey.
See attached letter. Mrs. Swasey wants a portion of Guava at its dead
end to the north abandoned and given to her. I have examined this
area and while Guava does dead end where stated, Mrs. Swasey is the
owner of a duplex residence at that point and she does not 1 ive there--
it is a rental unit. Councilmen may want to examine this area because
I bel ieve that Guava could be extended northward if the occasion arises
as there is a culvert crossing the ditch.
o
o
Exp 1 ana tory Da ta
August 2, 1982
Page two
5. Communications (continued)
G. Judge and Warren, P.A. (McEver Case)
We have received the attached notice of a lawsuit from Judge and
Warren, P.A. , Wilton R. Brinkley, Attorney at Law, relative to the
involvement of pol ice officer Bucky McEver in the New Smyrna Beach
juvenile arrests. This appears to be a civil rights suit and you
need to give instructions as to handle the suit. Our normal insurance
covers this kind of suit.
6. Ordinances and Resolutions
C. 82-R-40 Industrial Development Board Vacancy
The term of Michael Faidley, 2830 Sabal Palm, expires August 6 and it
is recommended that he be reappointed for a 3-year term expiring 8/6/85.
D. 82-R-41 Citizen Code Enforcement Board Vacancy
The newly enacted revised ordinance for this area of work provides for
seven regular members and one alternate. A vacancy exists for the seventh
member and Councilman Pendleton has recommended James G. Whittet, Jr.,
1103-16th Street, to serve for a 3-year term expiring 8/2/85.
E. 82-R-42 Paving Program (correction)
There was a minor error in the street description under the paving pro-
gram resolution and this can be corrected at this meeting.
F. 82-0-27 Liening to Collect Del inquent Rubbish Collection Bills
The City Attorney will have ready an ordinance which will provide a
means to collect the del inquent rubbish collection bills rather than
attempt to collect high bills from new property owners who are not
responsible for the former property owner's bills.
G. 82-0-28 Re-zoning, Hall, Park Avenue West
Mr. Hall requested a rezoning on June 11, 1982, and this was approved
by the Zoning Commission on June 28, 1982. Mr. Hall has requested that
this matter be taken up now as an ordinance in order that he may proceed.
7. Unfinished Business
B. Street Abandonment
See item 5C. The City Attorney will have ready a report as to this
request by Noland Car Company.
8. New Business
A. Approval of Traffic Signal Maintenance Agreement - U.S.#l & Park Ave.
The county has requested that a formal agreement be signed relative
to the maintenance of the traffic signal at U.S. #1 and Park Avenue.
This is a perfectly normal routine procedure and simply puts in
writing an arrangement the city has had with the county for some time.