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06-28-1984 - Workshop o , u ~ . CITY COUNCIL OF EDGEWATER WORKSHOP OF JUNE 28, 1984 MINUTES Mayor Ledbetter called the Workshop to order at 11 :00 A.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Excused Present Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Excused Excused Present Also present were Mr. John Gross, who requested the Workshop, and Mr. Gerard Ferrara, the City's in-house City Engineer. Mayor Ledbetter stated the Workshop was called to discuss the Strand and Gabardy Canal. Mr. Gross said that Mr. Ferrara had indicated that he wasn't adverse to accepting ten foot on either side of the pavement and he would have a letter to Council and the letter wasn1t forthcoming. Mr. Ferrara said he submitted one letter and his recommendation could be changed by Council if they wanted a lesser amount and held have no problem with it. Mr. Gross asked if there was another letter and Mr. Ferrara replied that nobody had asked for another letter and there wasn't a second letter. There was a lengthy discussion between Mr. Gross and Mr. Ferrara regarding the possi- bilities of other accesses to ~1r. Gross's property. Mr. Gross pointed out that the Strand is 30 foot wide. Mr. Ferrara stated that they should look at the future and all are 50 foot now. Mr. Gross asked for evidence to substantiate that statement. Mr. Gross asked about paving of the road and Mr. Ferrara said he'd look at a design but he needs an engineering plan. Mr. Gross asked what held gain if he bought the property and then gave it to the City. Mr. Ferrara suggested since he has access to his property now he could forget about it. Mr. Ferrara asked if he'd give 40 foot and Mr. Gross said it wouldn't be a right of way because he won't get any benefit from it. Mr. Ferrara noted that the Strand right of way has to be on both sides for utilities. Mr. Gross asked if he can pave into his property and Mr. Ferrara said he has to first submit a plan acceptable to the City. Mr. Gross stated that paving it would be cheaper than buying the property. Mr. Ferrara again stated that he needs to supply the plan to the City to see if it complies. Mayor Ledbetter said he doesn't want this to come back to haunt the City in years to come and was wondering about liability on a property owner if they use the easement to build a sidewalk in the future. Mr. Gross stated that they don't have the privilege of building a sidewalk outside of the Strand now. Mayor Ledbetter referred to the County's discussions of a bike path there and Mr. Gross suggested they research the sidewalk. Mr. Ferrara said they need to decide for a right of way or easement to cover the road and utilities in that area with nothing less than 40 foot. Mr. Gross stated that nobody else in the City has to do that and Mr. Ferrara said that wasn't true. Mayor Ledbetter asked Mr. Gross to submit the engineering plans to Mr. Ferrara to resolve this in a workable solution. Mr. Ferrara stated that the street and utilities can be on one easement. There was a discussion regarding the setbacks. Mr. Gross then began discussing moving the Gabardy Canal. Mayor Ledbetter asked if New Smyrna Beach had indicated their willingness to grant the authority for this. Mr. Gross said they have no jurisdiction and DER and EPA had no objections. He added that eventually Edgewater will be asked to okay it. Mayor Ledbetter stated that New Smyrna Beach would have to move it by resolution. Mr. Gross said the agencies have to approve it and then they'll ask if the cities have any objections. , .'~ o Q City Clerk Kinsey said that at the City Attorneyls request she contacted New Smryna Beach about this and they had referred the request to their City Attorney for a legal opinion. Councilman Asting asked if the legal opinion is available and Mr. Gross said helll bring in the minutes where all they said was to let him know what the agencies say. He added that the boundaries in the middle of the canal have moved and they need to move it 100 feet to the south. Mr. Ferrara said they need comments from the City and the DER and other agencies or they canlt do anything. Mr. Gross stated that City Attorney Alvarez has held him up 10 or 11 weeks now and he contacted the agencies and they indicated no objections. Councilman Asting stated that they need this in writing. Mayor Ledbetter suggested if he wants to go back to the original plot plan that he get all this in writing and give it to the Council. Mr. Ferrara stated that they need the decrees from the governmental agencies to move the Canal and they aren1t disagreeing but he needs to get the permits. Mr. Gross said helll check into paving instead of buying the property. Councilman Asting moved to adjourn. Councilman Wargo seconded the motion. Workshop was adjourned at 11:32 A.M. Minutes submitted by: Lura Sue Koser -2- Council Workshop Minutes June 28, 1984