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12-19-1977 - Regular , . Q ~ CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD December 19~ 1977 Mayor Christy called the regular meeting of the City Council of the City of Edgewater~ Florida.~ to order on December 19~ 1977 at 7:30 P.M. 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 Attorney Judson Wood City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION The invocation was given by Rev. Thompson \ SALUTE TO FLAG APPROVAL OF MINUTES ~ None BILLS AND ACCOUNTS Mayor Christy read the bills in the General Fund Account total $5~597.96. Councilman Shell made a motion that the Council approve these bills for payment. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy read the bills under Federal Revenue total $1~300.00 Councilman Shell made a motion that the Council approve this bill for payment. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy read the bills in the Water/Wastewater account $467.79. Councilman Dietz made a motion that the Council approve these bills for payment. Councilman Sikes seconded the motion. Mr. Opal asked what the bill for Manpower was for. Mayor Christy said it was for temporary help in the Water Dept. Mrs. Woodard asked if the extra help was for the computer. The City Clerk said that it was to bring records up to date. Upon roll call the Council voted to pay the bills. 5-0. Mayor Christy read the bills for Capital Improvements total $4~048.78. Councilman Dietz made a motion that the Council approve these bills for payment. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Q o COMMUNICATIONS The City Clerk read a memo from the Utilities Director regarding installation of sewer main on India Palm. The situation could be remedied for approximately $ 675.00 material cost. Councilman Dietz made a motion that the Council give Mr. Kuyk authorization to purchase'the material and enter into an agreement to do the construction as per our engineering. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Mr. Richard Hardner requesting permission to operate a food stand on U.S. 1, the exact location to be determined after permission is granted. The nature of which shall be the sale of freshly smoked fish and soft drinks and fruit juice. Smoking shall be done with the proper permit issued by the Building Inspector at my premises. Any other County or City ordinances including health certificate, etc. will be gladly adhered to. Please notify me as soon as consideration is given to this matter. Councilman Dietz made a motion that the Council turn this matter over to the Zoning Board when Mr. Hardner gives a specific location. Councilman Shell seconded the motion. Mrs. Rich asked about.the hot dQg stand on the highway. Mayor Christy said that the operator of the hot dog stand has a license. The license was issued properly and that all health certificates had been issued. Upon roll call the motion made by Councilman Dietz CARRIED 5-0. RESOLUTIONS Resolution No. 759 A RESOLUTION APPROVING THE ACTION OF THE .EDGEWATER BOARD OF ADJUSTMENT IN GRANTING A VARIANCE TO WILLIAM WRIGHT: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Resolution; Councilman Rotundo seconded the motion. Mrs. Murphy said that she believed more room was needed on this building lot to comply with building code. Mr.Cameron asked where this property was located He was told this was East on Riverside Drive. Mr. Cameron asked what guidelines the Board of Adjustments used. He was denied a variance and he was curious as to why some people get what they want and other people don't. The City Attorney said that Public Hearings had been held on both pieces of property. . Apparently Mr. Cameron's property and his request for a variance were different than this property of Mr. Wrights. If Mr. Cameron feels he has been treated unfairly he has a right to pursue it further. Upon roll call the Resolution was ADOPTED 5-0. ORDINANCES 2 \ , , ~ o Ordinance No. 994 AN ORDINANCE AMENDING SECTIONS 2-5, 2-35, 2-36 and 2-38 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA~ RELATING TO THE MEETING PLACE OF THE CITY.'COUNCIL. THE CALLING AND NOTICE OF SPECIAL MEETINGS, THE DESIGNATION AND DUTIES OF THE PRESIDING OFFICER OF THE COUNCIL AND THE PREPARATION AND ENACTMENT OF ORDINANCES; REPEALING ALL ORDfNANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. This was the second reading of Ordinance No. 994 Councilman Shell made a motion that the Council adopt this Ordinance. Council Sikes seconded the motion. Upon roll call the Ordinance was ADOPTED 5-0. Tape IB Ordinance No. 997 AN ORDINANCE AMENDING ORDINANCE 880 ARTICLE III, SECTION 304.00 PERTAINING TO PERMITTED USES; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt Ordinance. Also that copies be made available to the the Board of Adjustments and the Building Inspector. Rotundo seconded the motion. this Zoning Board, Councilman Ryta Webber said that the Ordinance 880 specifically states that it can be changed only three times a year. It seems as if the Council is changing it every month. Mayor Christy said that it cost the City money in lost revenues from new businesses that cannot operate in Edgewater under the present Ordinance without changes being made in that Ordinance. The City Attorney said that it was the purpose of the Council to provide a better method to allow unclassified business to come into the City. Councilman Dietz said they were not changing the Zoning. The Zoning classifications will remain the same. These are additional permitted uses. There is no way anyone could have listed all permitted uses at one time. Upon roll call the Council voted to Adopt the first reading of the Ordinance 5-0. OLD BUSINESS The City Clerk had one bid. There were no other companies that did this kind of work listed in the area. The bid was from Sieg and Ambachtsheer. The City Clerk read the bid. Councilman Dietz asked the City Attorney that although the specifications called for 5 year contract the bid had given us two alternatives a 3 yr. contract and a 5 yr. contract. Can we go for the 3 yr. contract even though the specifications were for a 5 yr. contract? If it can be determined that a 3 yr. contract is in the best interest of the City and since there were no other bids, it was the City Attorney's opinion that we could go for the 3 yr. contract. 3 o o Councilman Sikes wanted to kn~w,when this work would begin. Mr. Sieg, a representative of th~ company that submitted the bid was present at the Council meeting said that they would start about the first of March.. Councilman Sikes made a motion that the Council table the awarding.of this bid until January 9, 1978. The contract will be given to the City Attorney and our engineers for their recommendations. Councilman Rotundo seconded the motion. The Council discussed some aspects of the contract with Mr. Sieg, a representative of Sieg and Ambachtsheer. Councilman Dietz suggested that we could save some money by turnina the contract over just to the City Attorney for recommendation and nof to the engineers. Mr. Kuyk, who drew up the specifications should be able to make recommendations on that aspect of the contract. Councilman Sikes said the engineers should have a copy of the contract for their files but possibly a recommendation from them is not necessary. Tape 2 There were questions from the audience. Mrs. Webber asked if we could supply the City with one tank from Florida Shores when the other tanks were being repaired. Councilman Dietz said that they had just received a report from the engineers. The City has the capacity to supply Edgewater with all the water it needs without either tank, we can use well # 3. Upon roll call the motion to table the awarding of the bid until January 9, 1978 CARRIED 5-0. The Mayor discussed the various Boards and their membership. C 0 u n c i 1 man S i k e s s u g g est e.d t hat the C 0 u n c i 1 tab 1 e t his sub j e c tan d bring it up at the January 9, 1978 meeting. Councilman Dietz made a motion that the Council ask the City Clerk to notify all members of all Boards to find out which members wish to continue to serve, so that the City Council can take their wishes into ~onsideration when they make appointments to the various Boards. Councllman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. NEW BUSINESS Mayor Christy brought up the subject of license taxation under Ordinance ~66. He a~ked the City Attorney for an opinion on the ~tatement ln the 9rdlnance that says businesses or persons engaged ln any.la~ful buslness, profession, or occupation, fully or in part wlthln the City not mentioned in this code or covered by ordinance shall pay an annual license fee to be determined by the City Clerk. He want~d to know if the Att~rney felt we could use this part of the Ordlnance to collect a llcense from the fruit stand vendors that have not been licensed to date. The City Attorney said that he would like to study this question and report at the next meeting. There was some discussion by the Council and the audience. rape 2B Councilman Sikes made Attorney to come back could take to enforce seconded the motion. Christy voted NO. a motion that the Council refer this. to the City and advise the Council as. to what steps they the collection of license fees. Councilman Shell Upon roll call the motion CARRIED 4-1. Mayor The County Clerk read bills from Briley Wild & Assoc. 4 o o Councilman Dietz made a m~tion that the Council approve these bills for payment. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. MISCELLANEOUS Councilman Rotundo made a motion that the Council establish an Industrial Advisory Board with 15 to 20 members. Councilman Shell seconded the motion. Councilman Sikes said he felt the Council needed more information especially whether this Board would overlap into the Planning or Zoning Board. Councilman Dietz said that he was unprepared for this suggestion and also wanted more information. He said he would like to amend Councilman Rotundo's motion to read that the Councilman would get more information on the exact establishment of such a Board and report back to the Council. Councilman Rotundo seconded this motion. These two motion were subsequently withdrawn. There was further discussion on this subject between the Council and the audience. Councilman Rotundo made a motion that the Council authorize the gathering of information on the establishment of an Industrial Advisory Board for the Council. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Tape 3 Councilman Rotundo made a motion that the Council have a resolution made to form a citizen's commission to set up a park ~dvis~r.y Board. Councilman Sikes seconded the motion to open it for discussion. Councilman Sikes asked if this was not covered by the Planning Board. Don't they have a park and recreation phase in their plan? Mayor Christy said that we would be overlapping duties. But we have to have some plans or by 1978 the County may take over the planning. Councilman Dietz said that under the comprehensive long range plan that was adopted by the State of Florida we have to provide a certain amount of recreation in this plan before it will be accepted by the County and the State. In the overall plan by the Planning Board a group assigned specifically for that recreation area and before the plan is adopted in 1979 there will be provisions for recreation. Councilman Rotundo said that we have no real parks in Edgewater. Councilman Dietz said that at the moment there is no place for them and it would be part of the comprehensive plan that areas would be provided and then a Board could be set up and appropriate the money and grants from the different agencies to buy the property set aside for recreation purposes. Councilman Sikes talked about 5 acres that is being offered to the City. In 1974 the City attempted to get this land so that they could put tennis courts. and handball courts on that land by the ball- field and would have been able to develop the ballfield to have better facilities but they would not give it to the City. There was more discussion by the Council on the means of getting grants and the Planning Board's role in setting up areas for recreation. Upon roll call the motion to establish a Park Commission did NOT CARRY by a vote of 1 - 4. Councilman Rotundo voted YES. Councilman Shell made a motion to amend Ordinance #564 to read that the City Crews will do the installation of the culverts across the drainage ditch and the builder will pay. Councilman Dietz seconded the motion. 5 . , . , o o There was discussion from the audience. Tape 3B Councilman Dietz said that if the City installs these culverts and drain pipes they can control the specifications. Upon roll call the motion CARRIED 5-0. Mayor Christy said that the Park and Pier department needed some equipment to fix up the area across from City Hall. Councilman Dietz made a motion that the Council authorize the Mayor to get the equipment needed to maintain this area. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that the sound system was being analyzed and he hopes that soon we can improve the system in the Community Center. He plans to get some estimates on what can be done and the cost involved. AUDIENCE MISCELLANEOUS Mr. Gross asked how many dead end lines (water) we had and what was being done about them? Councilman Dietz said we have corrected many dead end lines over the past year.' We have put in 8,000 ft. of line. We have corrected about 43 dead end line. We have programmed for 1978 for approximately 6,000 ft. of extension which would take in some more dead end lines. These lines however, do not affect the quality of water of the system. Mrs. Murphy talked about permitted uses for various zones, specifically non conforming buildings. She also asked about the bonus for City employees. The Mayor told her a motion had been made and passed on the bonus. Mr. Gross asked about the dog catcher. Police Chief Baugh said that he has been recelvlng information concerning this subject and hopes to have. it ready for the next Council meeting. Mr. Gross also asked about mobile home tags. The Mayor told him the State issues them. ~pe 4 Mr. Swain asked about the restriction on his business. Mayor Christy said it was for boat, motor and trailer repair. If you go further it could mean manufacturing these items. The tape is not clear at this point. There was more discussion about the Pyramid Welding Co. Mr. Opal asked why the audience miscellaneous had been placed on the bottom of the ag~nda. Mayor Christy said that he had consulted other Mayors and it was generally considered to be the best place on the agenda. Mr. Opal then asked about the anit-recession money. Mayor Christy said there would be a public hearing on this subject on December 29, 1977. Mr. Opal spoke about the Christmas bonus. Mrs. Woodard asked about the Christmas bonus, she was confused. Councilman Sikes stated the amount set was not to exceed $4500. - 6 - .; . . (.j o Mr. Cameron talked about the road to the school. He wanted to know if .anyone from the City had .talked to the County people about this. Mayor Christy asked him to write to the Council concerning this subject. Mr. Bouchard brought up the subject of the street paving on N.Y. Ave. He said shell would be okay. tape 4B Councilman Rotundo wished everybody a Merry Christmas and a Happy New Year. Councilman Sikes made a motion to adjourn. Councilman Rotundo seconded the motion. The meeting was adjourned. Sue Blackwell Nancy Blazi MINUTES TAKEN BY: ~: fJ~ ity Clerk Approved this January, 1978 day of .. ... 7