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11-04-1985 - Regular D u CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 4, 1985 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:02 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Lieutenant William Britain Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Zimmerman, Edgewater Methodist Church, gave the invocation. There was a Salute to the Flag. APPROVAL OF MINUTES Regular Meeting of October 21, 1985 - Councilman Inman so moved that they accept the minutes as written for October 21, 1985. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Special Meeting and Workshop of October 23, 1985 - Councilman Asting moved to adopt those minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Asting stated that on page 3 there is an expenditure for a representative of the Council to attend a planning meeting for the Comprehensive Plan in Orlando in the amount of $136. and on page 4 a payment to Valencia Community College for the $75. fee. He moved that since this would be over $200. he thinks the person going, in accordance with the expenses, should submit a full report on the pro- ceedings of the seminar. Councilman Inman seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to pay the bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez noted that there's a supplemental bill to Maszk's Workshop from the Police Department in the amount of $73.50 and it's an ongoing charge on GI.'piece of personal equipment for a Smith and Wesson revolver which was damaged during a domestic disturbance. She added that no purchase order was obtained at the time. Mayor Baugh asked if they've taken care of this for future orders and City Clerk Martinez replied they're aware of it. Councilman Rotundo moved to pay this bill. Councilman Asting seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Vic Rosa, 317 Wildwood Drive, asked about the status of an access road for Wild- wood since there's only one way in and out. He noted there's a lot for sale now on the west side of Wildwood. City Clerk Martinez pointed out if the City or the owners there purchase the lot, that would only take them to the depth of the lot and it doesn't connect to a dedicated road and goes to private property. Mayor Baugh agreed the road wouldn't go anywhere. Mr. Rosa asked if it goes to the airport and City Clerk Martinez noted that's private property and not City owned. Mayor Baugh said he looked at the lot and it dead ends and there's no place for it to go. Mr. Rosa asked about the drainage in the area and Mayor Baugh replied it will be later on the agenda, and they're getting reports from the engineers. Councilman Asting pointed out there's a ditch about 201 to 209 Wildwood Drive that's filled and stops the water from running down to the canal and the Public Works Department is going to dig that ditch out, which will alleviate some of the problems. Mr. Rosa referred to the ditch in front of the new market. o u MISCELLANEOUS (Continued) - Harry Ryan, 516 Wildwood, said there's a lot available on the east side that hasn't been built on and it's only about 100 yards from Carol Ann Drive. He suggested the City look into acquiring it from the owners and they could then use Carol Ann Drive. Mayor Baugh pointed out Carol Ann Drive is a private road. City Clerk Martinez agreed it's in the County and not City owned. Mayor Baugh said they'd have to look into having access to it.Mr. Ryan asked about the mobile homes that were on Carol Ann Drive and City Clerk Martinez replied that he owns part of Carol Ann Drive. Mr. Ryan said the drain tile on Park Avenue isn't long enough and they didn't put up any shore wall along the canal and all the dirt goes back into the canal on the north end. Frank Opal, Florida Shores, said he thought it would be first reading on the annexation of the 16 lots and Mayor Baugh stated it's on the agenda. Mr. Opal stated that it's not a public hearing. Mr. Opal said the original City map of Edgewater dated 1927 doesn't have a plotted lot 32. He asked why the taxpayers have to foot an unwanted bill after Planning and Zoning rejected it 7-0. He stated that in 1957 a new plot law was enacted and Florida Shores lots were recorded right before the law went into affect and lot 32 wasn't plotted. He said this is a shoo-in for private enterprise and each Councilman should realize what's happening and the City Attorney should straighten it out. He added there's enough flooding in Florida Shores without this. He urged Council to reject this and listen to the Planning and Zoning Board. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting recommended to Council that a letter of appreciation be prepared and put in the file of each of the City employees who were involved in the preparation and running of Halloween House, which pro- vided a place for young people to participate and kept them out of mischief. He then made it as a motion. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez noted there was a successful appeal of the City in the Montesano lawsuit. City Clerk Reports - City Clerk Martinez said they need a Council motion to authorize the City Clerk to be named the authorized representative for matters of special exception for site plan approval on the water plan expansion program with Volusia County. She added that it's just for special exceptions to get the paper work in process and the County has to give special exceptions. Councilman Asting moved to grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated they need Council motion authorizing the City Clerk be named the representative for the matters of permitting the new incinerator through D.E.R. She added that they obtained a construction permit and it's a lengthy process to obtain the operating permit with testing to be done and plans to be prepared, and authorization should be given to the City Clerk or whoever they want to name. Mayor Baugh pointed out that the paper work has to go through City Hall. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated they need Council authorization to expend the money for the annual advisory board appreciation dinner which will be held at the Elks Club on November 19 for all advisory boards and Council. Councilman Asting moved to proceed. Councilman Inman seconded the motion. Mayor Baugh noted that this will come out of Council promotion funds and City Clerk Martinez agreed. Motion CARRIED 5-0. City Clerk Martinez said they need Council authorization for the Utilities Department to go out for bids for the water supply wells and there will be a special meeting a week from Thursday regarding this, but Frank Marshall and Terry Wadsworth have requested authorization to prepare some of the preliminaries for some advance time. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes November 4, 1985 ~ o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports - City Clerk Martinez said they have a portion of the insurance premium bills for $143,866.61 which doesn't include the umbrella policy which will be about $70,000. She noted that last year the premiums were about $81,000., and this is the start of the third year of a three-year contract. She added that if they don't want to utilize this they have to self insure or pay 10% of the annual premium fee to them and a pro rated basis and go with Florida League of Cities. She pointed out they'll be going out for full package bids about July prior to the October renewal of any of the policies. Mayor Baugh stated that he doesn't think they'll get policies much cheaper. Councilman Rotundo suggested they table this and have a workshop on it. City Clerk Martinez pointed out the insurance went into effect October 1st and they're waiting for their money, and it would cost about $21,000. to cancel, which isn't feasible. Councilman Rotundo asked what would happen to the pending cases if they go out on bids. Mayor Baugh noted this insurance will still be in force until they elect to discontinue it but they have to pay 10% to keep it in effect month by month instead of annually. City Clerk Martinez said they can't go to another company as Town and Country is the agent of record and this is the lowest cost policy and the only alternative is Florida League of Cities and go self-insured through them. She added they don't know what the prices will be without going for bids and that will take some time. Mayor Baugh suggested they renew this and go out on bids in June or July through Florida League of Cities for the cost of insurance through them by the self-insured plan. He added they need Council authorization to continue with what they have now. Councilman Rotundo so moved. Councilman Asting seconded the motion. Councilman Inman noted the premium was effective October 1 to September 30 and City Clerk Martinez agreed. Motion CARRIED 5-0. Police Department - request to purchase two patrol vehicles - City Clerk Martinez read the October 23rd memo from Chief Schumaker. Councilman Asting asked Lieutenant Britain if they'd had good service from Dodge for patrol vehicles. Lieutenant Britain replied they'd had two at one time and one was Bucky's that was in the accident and he's driving the other one, which hadaproblem with the electronics but full sized cars are almost not available. He added the only other car they could go with is the Crown Victoria Fords from Jacksonville and they're more expensive. He reviewed the options that will be included. City Clerk Martinez noted they've had problems with some of the small vehicles. Mayor Baugh asked where the extra $1,000. will come from that wasn't budgeted and City Clerk Martinez replied it will come from another line item. Councilman Rotundo asked if they're still getting the 5-year guarantees and Lieutenant Britain replied not for commercial use. Councilman Prater questioned the AM-FM radio being necessary and Lieutenant Britain replied that for $109 he would recommend it for a morale boost when they're in the car for long periods of time. He added that they use portable radios which can become missiles when they stop. Mayor Baugh agreed it's needed on the late shift. Councilman Rotundo moved to accept the recommendation from the Chief. Councilman Prater seconded the motion. Mayor Baugh asked if Jim Peacock Dodge has State bid and Lieutenant Britain replied yes. Motion CARRIED 5-0. Lieutenant Britain thanked David Garrett and all the City employees because they had a very quiet Halloween night due to the children being here, and he heard nothing but praise from everyone. Police Department - request to extend pilot program - City Clerk Martinez read the October 29th memo from Chief Schumaker in which he requested the assignment of police units be extended to the rest of the department, with the restrictions as stated in his September 19th memo. Councilman Inman moved that they go along with this pilot program with the understanding that it would be a 3D-day program until December 4th with a report to be made to Council at the end of this period. Councilman Asting seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes November 4, 1985 o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Planning and Zoning Board - changes in meeting date and time - City Clerk Martinez read the October 24th memo in which it was requested to change the Board meeting dates and times to the first and third Thursday of the month at 9:00 A.M. She pointed out their By-laws specify 1st and 3rd Wednesday at 7:00 P.M. Councilman Asting moved that they authorize the changes in the meeting dates and times. Mayor Baugh noted the Attorney will have to draw up the necessary papers to change this. Councilman Asting included that in his motion. Councilman Prater seconded the motion. Councilman Rotundo asked why they're changing. Councilman Asting replied that more members are available during the day and the business people feel they'd rather come to the meetings during the day as part of their work day. Councilman Rotundo pointed out that a lot of people are asking for permits and they can't make the day meetings. Mayor Baugh said it will take away from the general public if someone wants to serve on that board and they have to work in the day time. Motion DID NOT CARRY 2-3. Councilman Inman, Mayor Baugh, and Councilman Rotundo voted NO. Mayor Baugh stated that Planning and Zoning will continue at the times as set up now. Planning and Zoning Board - suggested permitted uses in B-2, B-3, B-5, I-I, and 1-2 - City Clerk Martinez noted a lot of this is housekeeping and the City Attorney has working closely on this. Mayor Baugh stated Council has received the memo and it changes the language in the zones to make it simpler. Councilman Rotundo asked if this is satisfactory to the City Attorney and City Attorney Alvarez said it takes care of the uses and definitions of body shops, gas stations, etc. that were brought up earlier. Councilman Asting said he thinks they should add used car sales to the B-2 zoning. Mayor Baugh asked if he's referring to C.2 on the list and Councilman Asting replied Guava and Hibiscus are appropriate for those sales. Councilman Asting moved that they adopt the changes as recommended by the Planning and Zoning Board to include in B-2 used car sales. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Merit Board recommendation re: Planning Assistant/Grant Administrator job description and pay grade - City Clerk Martinez read the October 24th memo from the Chairman of the Merit Board, in which they adopted the proposed job decription and recommended a pay grade of 14 on the pay scale. Councilman Rotundo moved to accept this from the Merit Board. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Martinez noted that for clarification they need amotion to advertise this position now. Councilman Asting moved to advertise for the position. Councilman Inman seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board request re: development of park property - City Clerk Martinez read the October 23rd memo from the Chairman of the Parks and Recreation Board. Councilman Rotundo suggested they have a joint meeting with all parties concerned to see if they can come to an agreement. Councilman Asting said he doesn't think this should go to the Building Official and it should be Parks and Recreation. He added that he doesn't object to outside contractors and the money was in the recreation fund for development of the facilities, but the employees in the City are very busy now. City Clerk Martinez pointed out there's a purchase order to an outside contractor on the Umbrella Tree property for clearing and the City will fill it, but the Roberts Road property is at the Parks Board now for planning. Councilman Asting stated that it has to be cleared and filled but the City doesn't have the equipment or personnel for that. City Clerk Martinez noted the Parks Board is determining what they want to do with it now before they go to an outside contractor. Mayor Baugh said he wants to see a plan before they consider an outside contractor. Councilman Asting said there's a lot of clearing to be done before they decide what they want there. Mr. Sheridan, Vice Chairman of the Parks and Recreation Board, advised Council there's a meeting of their Board on Wednesday to discuss the Umbrella Tree property, and they discussed Roberts Road at the last meeting. Mayor Baugh again stated he wants to see something on paper. Councilman Prater suggested they could do a better job if it were cleared first, and Councilman Asting agreed. Councilman Prater again suggested it be cleared and filled and then make the plans. Mayor Baugh noted they may want a trail there and would need the trees. Councilman Rotundo suggested they set a date for a joint meeting. -4- Council Regular Meeting Minutes November 4, 1985 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Parks and Recreation Board request re: development of park property(Continued)- Mayor Baugh asked Mr. Sheridan to contact David Garrett to see what he can submit in plans. Councilman Asting suggested it be expedited because there are a lot of children in the area of the 14 acres. Councilman Inman said he doesn't want to clear it and later on decide what they're going to do with and have to clear it again, and he wants to see a plan of what they intend to do. Councilman Asting pointed out the underbrush and growth is so heavy on the 14 acres that they can't see what they have, and it should be cleared and then make a plan. Councilman Rotundo suggested they send a letter to that effect. City Clerk Martinez pointed out that David Garrett is leaving on the 13th for vacation. Mayor Baugh asked meeting scheduled suggested TABLING Asting so moved. Mr. Sheridan if he'd put this on the agenda for the special for this week and Mr. Sheridan replied yes. Mayor Baugh this until they get a report back from the Board. Councilman Councilman Prater seconded the motion. Motion CARRIED 5-0. City Engineer's report on status of Wildwood road repairs - City Clerk Martinez stated the City Engineer had advised that the contractor does not plan to pay any portion of the repairs to the lots in Wildwood. Councilman Asting moved that this be turned over to the Public Works Department to make the necessary repairs in accordance with the letter from the City Engineer because the developer isn't going to repair the road as he has no further obligation and the City accepted the roads and it's the City's responsibility. Councilman Rotundo seconded the motion. City Clerk Martinez noted the City Engineer submitted three costs in May for resurfacing with asphalt, with concrete, and for total reconstruction of the portion broken up. Councilman Asting said those costs were with private contractor and the City forces can do it. Councilman Inman pointed out that at the June 17th regular meeting they discussed a compound problem with the road being broken up and manhole covers at the entrance which protrude. He suggested that since they still hold a bond on that section of the road they should repair it and take the costs out of the bond money. Motion CARRIED 5-0. Councilman Inman moved that the City repair the protuding manhole covers from the surface of the road and use the monies of the bond for that section of Wildwood. Councilman Asting seconded the motion. Mayor Baugh asked the City Attorney if there's a problem with using the money from the bond for these manholes. City Attorney Alvarez asked if this is Phase I and where the money was placed. City Clerk Martinez said the bond is for Phase II. City Attorney Alvarez said they can't use the money from other contractors to repair the damages from someone else but they could proceed with it being subject to further legal research into the matter. Councilman Inman included that in his motion. Councilman Asting agreed as the second to the motion. Motion CARRIED 5-0. COMMUNICATIONS Alice Murphy re: eastern boundary of City - City Clerk Martinez read the October 23rd letter from Alice Murphy. Ms. Murphy emphasized that the individuals and companies involved in the sale of this property and construction and financing of the home are not in question as knowingly doing anything illegal but she feels a mistake is being made and wants it corrected. She noted that she's speaking as a private individual and not as a Board member. She stated that property to the east was deeded to certain upland owners and they were given the privilege of purchasing the property and it was recognized that the State considered it to be an extension of the upland property. She pointed out when the 880 zoning ordinace was adopted only the riverfront property at the southernmost end was on the map as buildable lots. She asked how a piece of land not platted could be a buildable lot and a permit issued for construction. She said when people buy property on the west side, the east side is being thrown in as part of the deal and she questioned the property on the east side being conforming. She added that if the property was not large enough and designated as a separate building lot, then a permit should not be issued. She noted they can lengthen the roads by filling and moving the dirt forward. She said she felt the Building Official did not receive sufficient information to make a valid judgement and asked Council to protect the zoning ordinance. She said she has surveys, petitions and other information to substantiate her claims. -5- Council Regular Meeting Minutes November 4, 1985 o o COMMUNICATIONS (Continued) Alice Murphy re: eastern boundary of City (Continued) - Mrs. Murphy said if there's an abstract that shows submerged land, then it's not a lot of record. She said allowing building on this strip of land may be in violation of the City's Comprehensive Plan. City Attorney Alvarez said he has no knowledge of the facts that are brought up tonight, especially the filling of the land. He said information submitted to him was the research of the Building Official which indicated it was a non- conforming lot of record and that was the basis for his decision. He noted that there appears to be a larger issue here than this particular lot and it's to make a policy determination about the east side of Riverside Drive. He agreed the Council should look at it but they can't make a decision tonight and it should involve the Planning and Zoning Board and the Comprehensive Plan which is the guideline for all municipalities. Councilman Asting suggested it be turned over to the City Clerk/Administrator and other staff to research this and report to Council. Mayor Baugh suggested that Ms. Murphy submit to the City Clerk any records or other information that would be pertinent to it. Ms. Murphy said she has two surveys, one in 1974 and one less than 3 years later, showing more feet, and has a petition signed by 54 people stating it had been illegally filled. Mayor Baugh asked her to bring it to the City Clerk and she'll give it to the City Attorney and the Planning and Zoning Board to see if there are some irregularities. Ms. Murphy suggested they consider all the property and Mayor Baugh said the Planning and Zoning Board will make a recommendation back to Council after it's reviewed. Ms. Murphy said she wished they could designate what property east of Riverside is buildable, and thanked Council for letting her speak. Councilman Asting moved that it be turned over to the City Clerk and staff to check on Alice Murphy's statement in her letter in the next to last paragraph where she asked Council to check into this. Councilman Inman seconded the motion. Motion CARRIED 5-0. Petition from E. G. Wells and neighbors re: alleged Code violation - City Clerk Martinez read the letter and petition from Mr. Wells which was received October 24th. She pointed out there's a home occupational license attached and a letter from David Jones regarding this and he'd investigated it and found the man is a subcontractor concrete laborer who had a current building permit to enclose a patio. She added that the man had agreed to remove the lumber to the rear of the property and will move the truck with an expired tag to a junk yard. Mr. Wells stated that the neighbors put up with this for years and this past Saturday and Sunday they cleaned it up so somebody must have tipped them off. He displayed pictures taken prior to the cleanup for Council's observation, and read some of the comments from the residents. He stated the man is doing business in a residential neighborhood and has 3 to 6 people work with him who arrive early and consume beer before they leave and become loud and noisy. He added they park in the streets and sometimes block it from traffic and some of the neighbors have been cursed by the workers. He suggested they be given 30 days to move the trucks and equipment from the address to a different area zoned for it, and also that no truck repairs be done at that address. He also asked that it be monitored for a year to make sure it complies. Councilman Inman said he went to that address the last Saturday and found only one violation of a truck with concrete equipment on it and no tag. Mr. Wells said he never saw anyone work so hard to clean it up and it looks good for the first time in years. Dennis Fischer, Building Official, said David Jones investigated and talked to Danny Webb and he didn't have a City license as a subcontractor and had an abandoned truck in the driveway and he assured them it would be removed and he had lumber along the house. He added they did a good job over the week-end and they acted on the complaint immediately and got good results. Mayor Baugh asked him to monitor it and Mr. Fischer said he'll check it when they're in the neighborhood and suggested the neighbors call them or write a letter if it returns to this condition. -6- Council Regular Meeting Minutes November 4, 1985 o o COMMUNICATIONS (Continued) Petition from E. G. Wells and neighbors re: alleged Code violation (Continued)- Gwen Davidson, 113 Neptune, said the problem is the people coming in the morning who congregrate and park everywhere. Mayor Baugh asked Lieutenant Britain to take care of it and he asked Ms. Davidson to call the Police Department the next time they're all there and they can see the condition. Ned Johnson, 135 Magnolia, asked if it's necessary to grant the permit for operating a business based on what's been presented. City Attorney Alvarez stated that he has a home occupational license which allows residents to operate a very minimal amount of business from their home in a restrictive manner. He added that the list of do's and don'ts is part of the application that he has to sign and the privilege can be pulled if it's abused. He said it's a yearly license and neighboring objections isn't the only reason for pulling a license, but the individual has a right to engage in the home occupation as long as it's in compliance with the terms and conditions of the license. He added that the legal rights go in both directions. Mayor Baugh noted that he has a building permit for what he's adding. Mr. Wells said there was no permit displayed when the construction started. Mayor Baugh said he saw one January 7th. Mr. Wells said he came to City Hall and asked them to look it up and was told there was no building permit. Mayor Baugh suggested he stop in the following day and Mr. Fischer will find it for him. Mayor Baugh asked Dennis Fischer to monitor it and Lieutenant Britain to check it if they get a call. Councilman Asting moved to have a five-minute recess at 8:37 P.M. Meeting was recessed. Mayor Baugh called the meeting back in session at 8:44 P.M. Florence Kennedy request for Guava Drive businesses sign to be placed on corner of Guava Drive and Indian River Boulevard - Mayor Baugh suggested this be turned over to the City Clerk to use her discretion to have it erected. Councilman Asting so moved. Councilman Prater seconded the motion. Councilman Prater asked where the sign would be located and Councilman Rotundo said they have to go by the sign ordinance. Mayor Baugh noted the City Clerk and the Building Official can work on it. Councilman Prater referred to the sign at the Shop E-Z. Motion CARRIED 5-0. Central Florida Public Employees Association re: ratification of Supervisor's labor contract - City Clerk Martinez read the October 25th letter from Kevin McCue which advised one contract was ratified for the SPEA. Councilman Asting moved to accept the contract for the SPEA. Councilman Prater seconded the motion. Councilman Rotundo asked Councilman Inman if he agrees as the negotiator and Councilman Inman replied yes. Mayor Baugh asked the effective date and Councilman Asting replied October 1st. Councilman Prater agreed to this as the second to the motion. Motion CARRIED 5-0. Sid Corhern re: proposed new parks in Edgewater - Sid Corhern, 2718 Woodland Drive, said they need neighborhood parks in Florida Shores for children and adults. He noted 'they'd received petitions about two parks being unsatisfactory to residents and he's in the process of putting some petitions together to show the need and desire to have parks in that area. He asked that the two petitions that were presented not be a negative point on this property. Mayor Baugh stated this entire Council is for recreation but he is asking for a plan to see what the Parks Board wants to do. Mr. Corhern stated that he's an architect and is willing to work in a design capacity, plus he under- stands that Magnuson is willing to work with the City to donate. Councilman Asting said they need recreation facilities also, and not just playgrounds. Mayor Baugh asked Mr. Corhern if he'd be interested in serving on a board and Mr. Corhern said he doesn't know if he has the time but he'd like to work with them if possible. -7- Council Regular Meeting Minutes November 4, 1985 o ~ ORDINANCES AND RESOLUTIONS Ord. #85-0-24 Amending Sec. 19-46 by providing intrafund advances between Water and Sewerage Trust Funds - City Attorney Alvarez read this Ordinance. ORD. 85-0-24 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 19-46, TRUST FUNDS, OF THE CODE OF ORDINANCES OF EDGEWATER, FLORIDA, BY PROVIDING FOR INTRAFUND ADVANCES BETWEEN THE TRUST FUNDS FOR THE FINANCING OF CAPITAL EXPANSION OF EITHER SYSTEM; PROVIDING FOR REPAYMENT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt this Ordinance. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. #85-0-25 Annexing 16 lots along north side of 12th Street - City Attorney Alvarez read this Ordinance. ORD. 85-0-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, LOCATED ALONG THE NORTH SIDE OF 12TH STREET, CONSISTING OF 16 LOTS FROM 13TH STREET TO WILLOW OAK DRIVE, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY CITY OF EDGEWATER, FLORIDA, BY AMENDING SECTION 1-10 OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt Ordinance 85-0-25. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez stated that there is a substitution for Appendix A which showed 16 lots, and the new plan submitted by John Massey is for 15 lots which will increase the size of the lots at his expense. Ord. #85-0-26 Rezoning 16 lots along north side of 12th Street - City Attorney Alvarez read this Ordinance. ORD. 85-0-26 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ZONING REAL PROPERTY ANNEXED TO THE CITY OF EDGEWATER BY ORDINANCE NO. 85-0-25, FROM VOLUSIA COUNTY A-3 TO EDGEWATER R-l; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR PUBLI- CATION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt this ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. #85-R-40 Declaring intent to vacate 15 foot alley, corner Wilkinson and U.S.#l - City Attorney Alvarez read this Resolution. RES. 85-R-40 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT TO VACATE A 15 FOOT ALLEYWAY AT THE REAR OF THE JIFFY FOOD STORE LOCATED AT THE CORNER OF WILKINSON STREET AND U.S.#l IN THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt Resolution 85-R-40. Councilman Inman seconded the motion. Motion CARRIED 5-0. Ord. #85-0-27 Vacating 15 foot alley, corner Wilkinson and U.S.#l - City Attorney Alvarez read this Ordinance. ORD. 85-0-27 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING A 15 FOOT ALLEYWAY AT THE REAR OF THE JIFFY FOOD STORE LOCATED AT THE CORNER OF WILKINSON STREET AND U.S. 1 IN THE CITY OF EDGEWATER; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to adopt Ordinance 85-0-27. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. #85-R-4l Authorization for proper officials to enter into Agreement with Florida Data Bank, Inc. - City Attorney Alvarez read this Resolution. RES. 85-R-4l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE AN AGREEMENT WITH FLORIDA DATA BANK, INC. FOR STORAGE OF RECORDS OF THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Inman moved to adopt Resolution 85-R-4l. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes November 4, 1985 ~ Q UNFINISHED BUSINESS 0. There was no Unfinished Business brought up at this meeting. NEW BUSINESS ADJOURN There was no New Business brought up at this meeting. Mayor Baugh requested a motion to adjourn and Councilman Asting so moved. Councilman Prater seconded the motion. Meeting was adjourned at 9:01 P.M. Minutes submitted by: Lura Sue Koser ATTEST: ~~~ CITY CLERK rt1t- Approved this~day of ~/~~ ,198 5' . MAY~ ~ (5+ -16$ ~ 4-~ ~ Jbz- -9- Council Regular Meeting Minutes November 4, 1985