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01-23-1978 - Regular , ,-0 u -~ CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD January 23, 1978 Mayor Christy called the Regular Meeting of the City Council of the City of Edgewater, Florida to order at 7:30 P.M. on January 23, 1978 in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Clerk Sue Blackwell City Attorney Judson Woods Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council approve the minutes of the January 16, 1978 Regular Meeting. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Shell made a motion that the Council approve the bills for payment as presented to them. Councilman Sikes seconded the motion. Councilman Dietz requested that the bill to Tumblin Agency for $538.00 be divided between Water/Wastewater and General Fund. Upon roll call the bills (as changed) were aporovedfor payment 5-0. PRESENTATION Mr. Jon Yonkosky and Mr. John Vodenicker of May lima and Co. gave a presentation on grant management services available to the City. Cities faced with rising cost of services are faced with the alternatives of either decreasing some services and increasing others, raising revenues or seeking Federal and State grant dollars. May, lima can assist the City in obtaining grant money by supplying information on grants that are available, preparing a pre-application form, avoiding duplication among agencies, writing the application, submitting the application and the necessary followup. The cost to the City for this service would be based on either an hourly cost or a negotiated fee based on the type of grant that was being sought. May, lima could not guarantee the City would receive a specific grant, however, by submitting pre-application forms and obtaining information of the requirements necessary for approval of the grant, they would eliminate most of the possibilities of a rejection of the application for a grant. There was discussion between Mr. Yonkosky and the Council The Mayor thanked Mr. Yonkosky and Mr. Vodenicker for their presentation. , .0 o Mr. Jack Ascherl and Mr. Dan Benshoof spoke to the Council concerning the proposed Retirement Plan for the City employees. Councilman Dietz asked Mr. Benshoof a number of questions concerning this proposed plan. Tape 2 Mr. Asting in the audience asked if members of the City Council would be part of this Retirement Plant. The Mayor said that they would not be included in the plan. COMMUNICATIONS The City Clerk read a notice of the District V Liaison Committee semi-annual meeting for Wednesday, February 8, 1978. at Altamonte Springs. The City Clerk said that she believed members of the Planning Board attended the last'meeting. She will check on this. Councilman Dietz suggested the Council table this until they get more information. The City Clerk read a letter from Briley, Wild & Assoc. containing a proposal from Ellis & Associates to do the necessary testing on the water improvement project. Councilman Dietz made a motion that the Council authorize Ellis and Associates to go ahead with the necessary testing on this project as recommended by Briley, Wild and Associates. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from residents of the central portion of Naranga Drive asking for the installation of a street light. There was discussion among the Council about the availability of funds for such a project. There was no money budgeted for this. Councilman Sikes suggested that perhaps we could take some of the lights on Indian River Blvd. and relocate them. Councilman Dietz made a motion to table this until we could get more information on using the lights on Indian River Blvd. and have Councilman Shell investigate this and report back to the Council next week. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Briley, Wild and Assoc. concerning well field expansion. It was for information to the Council. The City Clerk read a letter from Mr. Frank Opal concerning the possible use of the City garbage trucks by personnel from Tomoka Refuse Co. The Council assured Mr. Opal that no City trucks were used by Tomoka Refuse. After the last couple of rain storms, the City workers were authorized to collect branches, trees and palm fronds to clean up the City. RESOLUTIONS The City Attorney read Resolution No. 762 A RESOLUTION DECLARING THE INTENTION OF THE CITY OF EDGEWATER, FLORIDA TO VACATE THAT PART OF THIRD STREET LYING BETWEEN BLOCKS 7 AND 8 TOTEM PARK SUBDIVISION, MAP BOOK 4 PAGE 46, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Tape 2B There was a discussion about the zoning of this property. Part 2 , .0 o of the area was zoned residential. The Council did not have information from the Zoning Board as to what action they had taken on this. The City Attorney stated this Resolution merely showed intent it would be necessary to have an Ordinance vacating this property and a public hearing. There was more discussion as to what action the Council should take. Minutes from a recent Zoning Board meeting were found and read. It was the opinion of the Zoning Board that the City would have to take care of vacating the street. Rev. Higgs reminded the Council that his church had a deadline to meet in order to purchase the property. He had been able to get some extension on this deadline. There seemed to be an error on the part of the Zoning Board by assuming that the area was already zoned B-3. Councilman Sikes said the Zoning Board should have acted on the request and recommend that the Council rezone that particular area. Councilman Dietz reminded the Council that the Church would have to make another application at a cost of $100.00 to have the area rezoned. There would have to be a public hearing. The City Clerk said that it would take at least 3 weeks before a public hearing and then the Attorney would have to draw up an ordinance if the zoning is approved and that would take another 3 weeks or more. Tape 3 Councilman Dietz asked if an ordinance could be passed on an emergency basis. The City Attorney said that according to Florida statutes a zoning change has to be on a non emergency basis. Councilman Dietz made a motion that the Council instruct the City Clerk to go ahead and advertise for a public hearing on February 13, at 6:30 P.M. to change the zoning and vacating 3rd St as per request of the Edgewater Missionary Church and that this be referred to the Zoning Board for their clarification and recommendation before the Public Hearing. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion to accept Resolution No. 762. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. RESOLUTION NO. 763 The City Attorney read this resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT TO DEDICATE CERTAIN REAL PROPERTY FOR PARK PURPOSES IN THE EVENT THAT THE COUNTY OF VOLUSIA AGREES TO CONVEY SAID PROPERTY TO THE CITY OF EDGEWATER, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The Mayor showed the Council proposed plans for this area as drawn by Mr. Hardock. There was discussion among the Council about which property would be available. 3 .~ .0 o Councilman Dietz made a motion that the Council authorize the Mayor to contact Mr. Lampey for a complete legal description of properties that might be available to the City. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. ,The City Attorney read Resolution No. 764 A RESOLUTION APPROVING THE ACTION OF THE BOARD OF ADJUSTMENTS IN GRANTING A VARIANCE TO WARREN E. BRYANT, 121 WEST OCEAN AVENUE, EDGEWATER, FLORIDA. Councilman Sikes made a motion that the Council adopt this resolution. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 765 A RESOLUTION EMPLOYING RICHARD DIAMOND AS CITY PLANNER FOR THE CITY OF EDGEWATER, FLORIDA, SETTING COMPENSATION AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion that the Council adopt this Resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney read Ordinance 1002. Tape 38 AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA TO ADD AN ADDITIONAL CLASSIFICATION TO THE PERMITTED USES IN THE I-I, LIGHT INDUSTRIAL DISTRICT IN THE CITY OF EDGEWATER, FLORIDA: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion to accept the First Reading of this Ordinance. Councilman Sikes seconded the motion. Upon roll call the First~Reading of this Ordinance CARRIED 5-0. OLD BUSINESS Sewer Plant Final Bill. Councilman Dietz made a motion that the Council authorize the City Clerk to send the bill to the FHA for approval and bring it back to the City Council for a final approval on payment. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Taylor Property The City has been interested in purchasing this property next to City Hall. At this time there does not seem to be adequate funds available. The Council will hold this subject until some solution to the problem can be found. Councilman Dietz suggested that perhaps we could sell some of the river property to finance the purchasing of this property. The City Clerk said this area was established as a permanent park and could not be sold. Reed Property Mr. Dexter spoke to the Council as a representative of the property owners. All the criteria have been met as required under R-IA. 4 .,0 o Councilman Sikes asked if this would be a subdivision. Tape 4 Mr. Dexter said it would be a replat. Councilman Sikes said that at the last meeting he made a motion to refer this to the Attorney to make sure all the requirements for a subdivision were met. The City Attorney said that a survey is needed by a registered surveyor but that the Council could tentatively accept this proposal. Councilman Dietz made a motion that the City would approve the recommendation of the Zoning Board with the stipulation set forth by the City's consulting engineers stating that the ri ght of way wi 11 be 40 I, the road wi 11 be pa ved 20 I wi de wi th the necessary valley gutters on either side and a storm drain outlet going to the river as per specifications set up by the engineers and the sewers and the water put in as approved by the engineers. They can use their own engineers and get the approval of City engineers or they can use City engineers. They would have to use our engineers through us and pay for their fees so as not to have a conflict of interest. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Waiver of fee for Mr. Miller The City Attorney said that it would be up to the discretion of the Council to waive the fee but that it would set a precedent. He also reminded the Council that it does cost money to rezone property. Mr. Miller spoke to the Council stating that he wanted his property rezoned to commercial. He had believed that was the zoning when he brought the property. The City Attorney said that the law stated that you buy property subject to the zoning regulation. Councilman Dietz made a motion that the Council deny the request for a waiver of the fee for rezoning. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Rotundo and Mayor Christy voted NO. Volunteer Fire Dept. Shed The City Clerk told the Council that she could certify that there were funds available for this project. Councilman Sikes made a motion that the Council authorize an expenditure not to exceed $2500 from the Emergency and Contingency Fund for materials for the Fire Dept. to build this shed. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Pagers for the Rescue Squad The City Clerk said that she needed to have an exact figure on this before she could certify that funds were available. Councilman Sikes made a motion that the Council table this until more information is obtained. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Britain Property The City Attorney said that he was satisfied that the survey taken orginally was in error. He found Mr. Corey's survey to be accurate. The City is infringing on the corner of the 5 .0 o property by about 216" x 21 4" and we have our street sign and stop sign and a Florida Power and Light pole. Councilman Dietz made a motion that the Council authorize Councilman Shell to have the portion of that infringement on the Britain property cut out and allow room for the Street sign or put the street sign and stop sign on the other corner and go back on the other side of the street and add a sufficient amount of asphalt to widen the street and bring it back in line. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. NEW BUSINESS The City Attorney asked the Council to authorize use of some of his budget to allow him to attend a legal conference in St. Petersburg. He felt that the information he could obtain there would be beneficial to the City. Councilman Dietz made a motion that the Council authorize the City Attorney to go to St. Petersburg to represent the City of Edgewater. The money is to be taken out of 304 in the budget. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. , Annexation of Hamel Property. The City Attorney said that Councilman Dietz has given the Council the information that Ordinance 886 annexed this particular piece of property into the City and a subsequent ordinance rezoned the property into mobile homes. The County refuses to recognize that this property has been annexed by the City of Edgewater. There have been recent legal decisions made that state you do not have to go over to the County and ask their permission to annex. Councilman Sikes said that there were two property owners that were between this land and the Hamel property and the County wouldn1t recognize annexation unless those properties were annexed as well. The City Attorney said that we were considered in violation of the law at that time by the County by creating an enclave. Councilman Dietz asked the City Attorney if the annexation of the Hamil property was legal. The City Attorney said that we might say it was legal but he would have to go to the County for a final decision. Councilman Dietz said that the Hamel property had been sold and it will have to go before the Zoning Board for public hearings for the area in question. it involves 200 new homes, shopping center and the water and sewer lines are there. Councilman Shell made a motion that the Council table this and refer it to our Attorney. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Annexation (Squaring off City Limits) The Council discussed the Planning Board's obtaining legal description and the information from the Attorney on voluntary annexation or referendum annexation. It will also be necessary to have engineers redefine boundaries. There was no action taken at this time. City Hall Parking Lot Councilman Dietz made a motion that the Council authorize the Mayor to get figures for the cost of properly redoing the parking lot at City Hall, hard topped and squared off with proper drainage. 6 .0 o Councilman Shell will work with the Mayor on this. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Library Work The City Clerk read a letter from John Bevel stating that the exterior of the original library building is in need of more repair than was anticipated. He requested additional funds to provide a more lasting protection. Councilman Sikes made a motion that the Council authorize the Mayor and City Clerk to approve additional work on the Library not to exceed $1000. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Mayor gave the Council some written material on information about grants and requested that they study it. Councilman Shell made a motion to adjourn the meeting. Councilman Sikes seconded the motion. The meeting was adjourned. Sue Blackwell Nancy Blazi ~_ --d:- Mayor ;- MINUTES TAKEN BY: C ~ co: c . man ,,_J ATTEST: ~a~erk 6 Approved th is 30 day of ~;~~ May 0 r ---.. 7