Loading...
03-01-1982 - Regular ~, ~ ~ <J CITY OF EDGEdATER CITY COUNCIL PUBLIC HEARING and REG ULAR :t-1EEI'I NG i"Iarch 1, 1982 Mayor Christy called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Excused Present Present City Attorney Clay Henderson City Manager Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present There was a silent Invocation and a salute to the Flag. Mayor Christy requested that the proclamation proclaiming March 13th as Cystic Fibrosis Breath of Life Bikeathon Day. be read. The proceeds will b~ ~onated in honor of Jennifer Montgomery, as resident of Edgewater and a student at Edgewater Elementary, and also to Jerry Remington, a resident of New Smyrna Beach. The proclamation was read and then presented by the Mayor to the two young people. Mayor Christy called the Public Hearing to order on Ordinance 82-0-L}. AN ORDINANCE GRANTING A CHANGE IN ZONING OF LOTS 1 THROUGH 18 AND LOTS 25 THROUGH 40 BLOCK 1, FLORIDA SHORES UNIT NO.1, FROM ITS PRESENT ZONING CLASSIFICATION OF R1B TO THE ZONING CLASSIFICATION B-5 (PLANNED SHOPPING CENTER DISTRICT), REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Comments from the audience were in favor of this rezoning which is being done in connection with the proposed shopping center. It was mentioned that this shopping center has been proposed for a number of years and the hope is that it will finally be built. The Public Hearing was closed. Councilman Pendleton motione~ to adopt the Ordinance 82-0-4, seconded by Councilman Wilbur. Motion CARRIED 4-0. Hayor Christy called the Public Hearing to order on Ordinance 82-0-5. AN ORDINANCE VACATING ALL OF ALAHANDA DRIVE AS IT IS NOW LAID OUT AND EXISTS SOUTH OF INDIAN RIVER BOULEVARD SAME BEING EAST OF LOTS 1 THROUGH 18, INCLUSIVE, BLOCK 1, FLORIDA SHORES UNIT NO.1, AND VACATING ALL OF THE CITY'S INTEREST IN A CERTAIN EASE- 11ENT OR ALLEY WAY WEST OF LOTS 1 THROUGH 18 INCLUSIVE AND EAST OF LOTS 25 THROUGH 40, FLORIDA SHORES UNIT NO.1; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES AND RESOLU- TIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The comments from the audience concerned when this shopping center will be built. Mayor Christy cl~sed the Public Hearing. Councilman Wilbur motioned to adopt Ordinance 82-0-5, seconded by Councilman Lodico. A lengthy discussion followed concerning when the City could expect this shopping center to be built. Involved in the discussion were ~'rr. Donald Testa, representative of Magnuson Corp., Mr. Charles Hall, attorney for Magnuson Corp., and Mr. James Bartow~ consultant on the building of the shopping center. It was pointed out that there is at least three months work involved in obtaining permits from DER, DOT, etc. plus the extensive financing that must be arranged and the preparation of the leases for the 1B various businesses that will be in the shopping center primarily Winn Dixie and Eckerds. A possible reverter clause on the vacated property was discussed in the event construction is not completed or started by a certain time. Mr. Hal} stipulated that Magnuson Corp. would asree to a two (2) year reverter, for the record, from the time of issuance of a building permit from the City of Edgewater. Upon roll call the motion to adopt Ordinance 82-0-5 CARRIED 4-0. '-> <J Mayor Christy opened the Public Hearing for Ordinance 82-0-7. AN ORDINANCE AIY'tENDING SECTION 2- 27 PARA. (9b) OF THE ED;EWATER CODE OF ORDINANCES, CHANGING THE RULES OF DEBATE FOR COUNCIL 1.1EHBERSj REPEALING ALL ORDINANCES IN CONFLICT HEREHITH AND PROVIDING AN EFFECTIVE DATE. There were no comments from the audience. Mayor Christy closed the Public Hearing. Councilman Pendleton motioned to adopt Ordinance 82-0-7, seconded by Councilman Lodico. Motion CARRIED J-l. Mayor Christy voted NO. Mayor Christy opened the Public Hearing for Ordinance 82-0-8. AN ORDINANCE REVISING APPROPRIATIONS FROM THE FEDERAL REVE~WE SHARING FUND, AND RATIFYING EXPENDITURES OVER THE PERIOD OCTOBER 1, 1981 THROUGH SEPTEHBER JO, 1982; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREiVITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. There were no comments from the audience. Mayor Christy closed the Public Hearing. Councilman Wilbur motioned to adopt Ordinance 82-0-8, seconded by Councilman Lodico. Motion CARRIED J-l. Mayor Christy voted NO. REGULAR 11EETING: APPROVAL OF MINUTES: Councilman Wilbur motioned to approve the minutes of the meeting of February 15, 1982, seconded by Councilman Pendleton. Motion CARRIED 4-0. Councilman Pendleton motioned to approve the minutes of the Special Heeting of February 19, 1982, seconded by Councilman Lodico. Motion CARRIED J-l. Mayor Christy voted NO. BILLS AND ACCOUNTS: Councilman Wilbur motioned to pay the bills, seconded by Councilman Pendleton. Motion CARRIED J-l. Mayor Christy voted NO. CO~rr1UNICATIONS: City Attorney reported on the progress that is being made in updating the Charter. The old charter contains 147 provisions and about 80% of these provisions are obsolete. A draft is being submitted to the Charter Review Commission which will be an update but which makes no substantive ohanges. The second matter to be brought before the Council concerns the Fulton property and an easement that was requested to be vacated. An abutting property owner who wishes to develop his property has discovered that an addition has been built on the structure located on lots 7,8, and 9. This addition completely covers the utility sewer easement. This has been checked out by the Supervisor of the Utilities Dept. We will have to decide what should be done about this so that access to the sewer line can be made available through that easement. The Council requested that the Attorney report back with more detailed information on this problem. Also in regard to the Industrial Park area in the northwest part of the City that has been proposed for development by FEC, there was a question about the .extension of Mango Tree Drive to Myrtle st. in New Smyrna Beach. At this time, it is apparent that New Smyrna Beach does not wish there to be a connection from Mango Tree to Myrtle. The final subject the Attorney wished to bring before the Council was the Student Govt. Day. The students at Edgewater Elementary have held their elections and the Council needs to set a day for the Student Council 11eeting. The Council decided that Friday March 12, 1982 would be a good day and City staff members will contact Mr. Hogan to m~{e the necessary arrangements. The City J1anager gave his report, briefly summarized it concerned the new wellsites, a need for a different method of water conservation. Negotiations are still in progress with New Smyrna Utilities on an interconnection. There should be good news on Cable TV in the Florida Shores area soon. There have been some employees designated as supervisors, these are: Merritt Kear, Supervisor of Refusej Bill Feeney, Supv. of Water Plant, Dave Pettit, Sewer Plant Supv. and Carl Messer, Supv. Field Operations plus Albert Shaffer as Assistant Superintendent of the Utilities Dept. The City owns some park areas, City Hall and Utilities Dept. Bldg., etc. There is a need to have more City property available for such things as a new police station and more parks. The information on voting zone realignment has been prepared for Council and the Florida Shores Property Owners Assoc. has indicated that their clubhouse could be used as a polling place. This will, of course, need the vote of the entire association. We are also scheduled to receive about $87,742.00 as part of the Block Grant for the County. 2A We are working on finding areas to use this money. Councilman Lodico spoke about this grant and said that he felt that Edgewater played a very important part in obtaining this grant for the County and also that the City Manager was very instrumental in getting this money for the City. Council Heeting J/l/82 - 2 - u CJ At the ~equest of the Mayor, the City Clerk read a letter from Congressman Bill Chappell concernlng the Employment Services Funding. Congressman Chappell indicated that supplemental funds were being made available and hoped that this would permit the State of Florida to reopen certain employment service offices and also maintain those like the New Smyrna Beach Branch office. The City Clerk then read a letter from t?e Volusia Council of Governments concerning local comments on proposed south Atlantic 011 and gas wellfield leasing program. The Council has been asked to study a proposed lease sale off the coast of Volusia County for oil and gas exploration and comment on the possible impact this might have to the area. The City Clerk also read a memo f~om the City Manager concerning the proposed 5% sales tax. It was the opinion of the Clty Manager that an added tax at the present time would not be an advantage to our residents or to the state. The City Clerk also read a letter from Representative T.K. Wetherell concerning the sales tax and requesting that he be notified of any comments the Council may have on this subject prior to the vote in the House Finance and Tax Committee on March 3, 1982. Mayor Christy requested that the Council authorize his of Cities meeting in Tallahassee March 9th and 10th. Council that a letter sent in opposition to this sales that it would not be necessary for the Mayor to attend attending the Florida League It was the opinion of the tax would be sufficient and this meeting. Councilman Wilbur motioned that the Council go on record as opposing the sales tax and send a letter to the proper people, seconded by Councilman Pendleton. Motion CARRIED 4-0. ORDINANCES AND RESOLUTIONS: Ordinance 82-0-9. AN ORDINANCE AI1EliDING THE OFFICIAL ZONING NAP OF THE CITY OF EJ:x;EWATER, FLORIDA, ZONING THE FOLLOHING LOTS FRON R-3 AND R-l TO R-4, TO WIT: LOTS 25 THROUGH 29, BLOCK E, HIGHLA~~ SHORES SECTION 1 AS PER ~~P RECORDED IN MAP BOOK 9, PAGE 63, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND LOT 20, ASSESSOR'S SUBDIVISION OF SHEPPERD AND SANCHEZ GRA1T PER MAP BOOK 3, PAGE 49, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, \-TEST OF HEST LINE OF LOT 24, EXTENDING SOUTH BLOCK E, HIGHLAND SHORES SECTION 1, AS PER r~p RECORDED IN MAP BOOK 9, PAGE 63, PUBLIC RECORDS OF VOLUSIA COUNTY. Councilman Lodico motioned to adopt Ord. 82-0-9, seconded by Councilman Pendleton. Hotion CARRIED 3-1. Mayor Christy voted NO. Appointing a member to the Industrial Board. Resolution 82-R-18. Councilman \vilbur nominated Hichael Faidley, seconded by Councilman Pendleton. Upon roll call the nomination CARRIED 3-1. Mayor Christy voted NO, because he has no information on this person. Resolution 82-R-18 A RESOLUTION APPOINTING A ~~t1BER OF THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; REPEALING ALL RESOLlITIONS IN COl\TFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton motioned to TABLE this resolution until the next meeting, seconded by Councilman Wilbur. Motion CARRIED 4-0. Resolution 82-R-19. Building Code Board Appointment. There was a question on the tabling of Resolution 82-R-18. The motion to TABLE had carried. Councilman Pendleton motioned to remove Res. 82-R-18 from the TABLE, seconded by Councilman Lodico. Motion CARRIED 3-1. Mayor Christy voted NO. Councilman Wilbur motioned to adopt Res. 82-R-18 (appointing Michael Faidley to Industrial Board), seconded by Councilman Pendleton. Motion CARRIED 3-1. Hayor Christy voted NO. Councilman 1.Vilbur motioned to TABLE Res. 82-R-19 (appointment to Building Code Board) seconded by Councilman Pendleton. Motion CARRIED 4-0. Resolution 82-R-20. A RESOLUTION R~~UESTING THE VOLUSIA COUNTY COUNCIL AND SUPER- VISOR OF ELECTIONS TO PROVIDE AN ADDITIONAL PRECINCT AND POLLING PLACE WITHIN THE CITY OF EDGEIVATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HERE(lITH AI-ill PROVIDING AN EFFECTIVE DATE. The City Manager informed the Council that the recommendation has been made to use the Florida Shores Homeowners Association Club House as a second polling place. However, this must be approved by the entire membership of this association. Councilman Lodico motioned to adopt Res. 82-R-20, seconded by Councilman Wilbur. 2b Motion CARRIED 4-0. (This would be contingent upon approved use of Clubhouse.) Council Meeting 3/1/82 - 3 - Council Meeting J/1/82 (.J - 4 - (J Resolution 82-R-21. A RESOLUTION AUTHORIZING CERTAIN DESIGNATED OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO BE AUTHORIZED SIGNATORIES ON ALL BANK ACCOUNTS OF THE CITY OF EDGEWATER, FLORIDA, AND FURTHER AUTHORIZING SUCH OFFICIALS SUCH ACCESS TO THE SAFETY DEPOSIT BOX OF THE CITY OF EDGEWATERj REPEALING ALL RESOLUTIONS IN CONFLICT HE~IITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt Resolution 82-R-21, seconded by Councilman Pendleton. Motion CARRIED 4-0. Resolution 82-R-22. Road Assessment Program. The City Attorney informed the Council that tb~~ resolution was not ready yet. He explained the steps necessary to prepare this resolution. The City is still waiting for information from our consulting engineers on the road paving. There will be public hearings on this assessment program and the property owners involved will be notified by certified letter. Once the proper procedure has been met, public hearings, resolutions and ordinances, etc. then the project can begin, but before that time there will be ample public input and notification. UNFINISHED BUSINESS: Sewer Blockage Report. Mrs. Syer, 145 Highland, had charged that the City should assume some of the cost of a RotoRooter bill that was incurred when her sewer was blocked up. The Utilities Dept. Superintendent explained the procedure regarding house lateral blockages. It was the opinion of the Superintendent that the Ci~y_is not responsible for any part of this cost. Mrs. Syer spoke to the Council and informed them that she still felt that the City was responsible for part of this problem. Her house is located approximately JO ft. from the street and the RotoRooter people billed her for over 1JO~ ft. There was a lengthy discussion concerning this problem and it was requested that Mrs. Syer obtain an affidavit from the RotoRooter Co, concerning the bill. This will be brought up at the next Council meeting. Community Block Grant. A report from the City Manager on the monies that the City will receive as part of this grant. It is necessary for the City to designate areas that could be improved with this money. An area by Perdita st. is under review for possible road paving and it is hoped that some of this money may be used to improve .park areas. No work could start until Oct. 1, 1982 and the City is trying to get this information together for the County to approve the eligibility of the proposed projects. NEN BUSINESS: The Fire Dept. has asked for Council approval of the purchase of a new pump. The cost is $1,205.00 and needs Council ratification. Councilman Pendleton motioned to approve this purchase, seconded by Councilman Lodi co . Hoti on CARRIED 4-0. Ballfield Lighting Bids. The City received two bids to install the lighting at the ballfield.' It is recommended that the bid for $J,200.00 be accepted. The City Manager informed the Council that money was available under Federal Revenue Sharing for this project. Councilman Wilbur motioned to accept the bid for $J,200.00, seconded by Councilman Pendleton. Motion CARRIED 4-0. By-Laws - Planning Commission and Charter Review Commission. Councilman Pendleton motioned to accept the By-Laws for both Commissions, seconded by Councilman Wilbur. Motion CARRIED 4-0. Ja Flammable devices. There has been a request that the Council consider banning certain flammable devices called champagne party poppers that explode and can cause fires. The Fire Dept. also feels these should be banned. The Police Chief requested that the Council also include smoke bombs. Councilman Wilbur motioned to authorize the attorney to draw up the necessary ordinance, seconded by Councilman Pendleton. Motion CARRIED 4-0. Re-districting. The City Attorney advised the Council that it is necessary to re- district the zones in the City to conform with the one man, one vote concept. The population figures used are based OD the 1980 Census. The Council has been presented with a map of the City showing present zone areas and the proposed new areas that would make the distribution of the population within these areas more equitable. For example there are presently about 922 people in Zone 1 and in Zone 4 there are 2755 people. This discrepancy needs to be corrected. There was a lengthy discussion concerning these proposals. The City !1anager told the Council that the study was prepared by Mrs. Wadsworth and rr~s. McCann under the direction of the City Clerk's office. The Council should proceed with this matter to be ready for the Fall elections. ~ v The City Attorney said that the procedure would be to instruct him to take the appropriate action to delete the old language in the old charter and prepare an ordinance for whichever proposal the Council wishes to make. There would, of course, be a public hearing on the re-districting proposal. Councilman Pendleton motioned to have the attorney draw up the necessary documents for proposed Plan A re-districting, seconded by Councilman Wilbur. Motion CARRIED 3-1. Mayor Christy voted NO. .'. The City Manager informed the Council that the Public Works Dept. has recommended the disposal of a 1971 truck. Council authorization is needed. Councilman Wilbur motioned to authorize an advertisement for the sale of the 1971 truck, seconded by Councilman Pendleton. Motion CARRIED 4-0. The City Hanager told the Council that Hr. Frank Hall has offered the use of a building on U.S. 1, free of charge for six months, to the Florida State Employment Service. Some minor renovations are needed and the request has been made to have City employees do this renovation. It is estimated it should only take a few days to complete the fix up. Councilman Wilbur motioned to authorize the use of City personnel for the minor renovation of the building that will be used by Florida State Employment Service, seconded by Councilman Pendleton. 11otion CARRIED 4-0. Councilman Wilbur told the Council he would like to make it clear that his suggestion for a 600 sq. ft. one bedroom unit involved only townhouses of 3 units or more to be built in the proper multi family zone. He had never meant this to be considered for any single family dwelling. 3b I'USCELLANEOUS Hr. Robert Vlitzig addressed the Council concerning Vlhat he considered to be a serious building violation on the corner of Indian River Blvd. and Evergreen. He suggested that the Council should have more control over the building inspector. The City Attorney said that he believed there had been a stop work order iSfiuad on the construction of the building in question and the matter has been sent to the Board of Adjustments. Mr. Frank Opal spoke to the Council concerning what he believed to be two violations of the code. One on S. Ridgewood where an office building was supposed to be built and it has become a condominium, the other was extensive renovations that were done at MaGrundy's restaurant without obtaining a permit. The City Attorney pointed out that any time a citizen feels there has been a violation of the zoning or building code, they have the right to file a complaint with the Code Enforcement Board Vlhich has the proper jurisdiction to decide any and all violations, the City Council does not have that authority. Mr. Walter Gross told the Council that he took exception to a Councilperson making personal remarks about another Councilperson. Councilman Lodico motioned to adjourn the meeting, s~conded b Council an Wilbur. The meeting was adjourned at 9,35 P.M. ..' ~~.~. '--. /' ~ Minutes submitted by: ~.~;~ _ ~ . Nancy Blazi ~ P ,fJo ~ ~ ---- - 5 -