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11-07-1977 - Public Hearing/Regular .. ~ u " o CITY COUNCIL OF THE CITY OF EDGEWATER PUBLIC HEARINGS November 7,1977 Mayor Armstrong called the Public Hearing for the purpose of hearing testimony regarding the Federal Revenue Sharing Budget for the 9th Entitlement Period. The meeting was called to order at 7:00 P.M. November 7, 1977 in the Community Center. Ro 11 Ca 11 : Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walte~ B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Absent Present Present Present Present Present Present There were approximately 18 citizens in the audience. It was the opinion of the Council the money should be budgeted as previously discussed in the Proposed Use Hearing held on October 17, 1977. There was no discussion from the audience. The meeting was recessed to the Regular Council Meeting at 7:30 P.M. November 7, 1977 for action. Mayor Armstrong called the second Public Hearing for the purpose of changing Ordinance 880 (Zoning Ordinance) to simplify ways of adding to specific uses in specific zones by referring them to the Zoning Board for recommendation and back to the City Council for final action without amending Ordinance 880. The meeting was called to order at 7:15 P.M. November 7, 1977 in the Community Center. Roll Call: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police. Chief Earl Baugh Present Present Present Present Present Present Present Present Mayor Armstrong suggested that a subparagraph be put into Ordinance 880 that would give the flexibility to the Board to make the study and evaluate in order to make a sensible recommendation to the City Council. Then the Council MAY: by Resolution adopt the recommendation of the Zoning Board. Councilman Dietz concurred that if the Zoning Board found that a request for a business was compatible to the area they would so recommend to the City Council . ~ . I u o ~ Mayor Armstrong said that the City Council could adopt the recommendation by Resolution as a matter of record. The idea would be to eliminate the necessity of amending Ordinance 880 so many times that it would be difficult for anyone to understand. Attorney Woods stated a clause could be added to the Ordinance.. Councilman Dietz said that it should be stipulated that other permitted uses will be by recommendation of the Zoning Board and approval of the Council. The Council's Resolution would stand as a record. Attorney Woods said that from time to time we could take the accumulated Resolutions and make one Ordinance change to add all of them in as shown as permitted uses, perhaps on a yearly basis. Councilwoman Webber asked for a clarification of the Council's intent in regard to Ordinance 880. Attorney Woods said that language would be added to Ordinance 880 pertaining to commercial and industrial zones which would be after permitted uses stating that other uses or services which are similar in character, if re- commended by the Zoning Board and approved by the Council would be permitted. Then when an unclassified business requests a permit the matter would then be referred to the Zoning Board who in turn would make a recommendation to the Council for approval (or disapproval). The Council would adopt a Resolution granting the particular use. There was no discussion from the audience. Mayor Armstrong referred the subject of Ordinance 880 to the Regular Council Meeting at 7:30 P.M. November 7, 1977, for action. City Clerk Sue Blackwell stated that for the record, the transcription recorder was not operating properly during the first part of the Public Hearings. Mayor Armstrong asked that the record show that there was no opposition to the appropriation of $53,517 in its entirety for the new Water System for the City of Edgewater. Recess. CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING November 7, 1977 Mayor Armstrong called the Regular Meeting of the City Council of the City of Edgewater, Florida to order at 7:30 P.M. November 7,1977, in the Community Center. Roll Call Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present - 2 o o INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes moved that the Council approve the minutes of the Regular Council Meeting, October 31, 1977. Councilman Dietz seconded the motion. Upon roll call, the motion CARRIED 5-0. Councilman Dietz moved that the Council approve the minutes of the Special Meeting, November 2, 1977. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Mayor Armstrong read the bills and account for the General Fund in the amount of $4,594.36. Councilman Dietz moved that the Council approve the bills for payment. Councilwoman Webber seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Armstrong read the Capital Improvement bill for $354.71. Councilman Shell moved that the Council approve this bill for payment. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Armstrong read the bill from the Water and Wastewater Dept. in the amount of $947.45. Councilman Dietz moved that the Council approve these bills for payment. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Armstrong read the Capital Improvement bill for $1,162.48. Councilman Dietz moved that the Council approve the bill for payment Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS City Clerk Blackwell read a letter from Briley, Wild & Associates announcing the pre-construction conference at City Hall (Community Center) on Wednesday, November 9, 1977 at 2:00 P.M. Mr. Fernandez from Briley, Wild was in the audience and read a letter on the Water Plant Bids. The contract for bids was signed by the City and the Attorney. Also a letter to EDA advising them the Bid opening was held and certifying the sealed bids and the procedure that followed. Further action will be completed at the pre-construction conference. The City Clerk read a meeting notice from Volusia Council of Governments for Wednesday November 16, 1977 at 2:00 P.M. at the Courthouse Annex Room 307, Daytona Beach, Florida. The City Clerk read a report from Charles Murphy, Building Inspector. During the month of October, The Building Department processed 42 permits for a total valuation of $434,860.00 and collected $3,519.77 in permit fees. The permits covered 16 residences, 20 alterations, additions and repairs, 3 mobile home, 1 swimming pool and 2. commercial buildings. The City Clerk read a letter from the University of Florida, Bureau of Economic and Business Research is an estimate of population as of July 1, 1977. They estimate the populition in Edgewater to be 4,567 people. The letter requested that the City notify the Bureau if they did not consider the estimate to be reasonable. If the City considers the estimate to be reasonable they are to sign an enclosed copy and return it to the Bureau. Councilman Dietz made a motion that we reject the estimate. Councilwoman Webber seconded the motion. Councilman Dietz said that when we install the computer we will 3 o o have our own analysis of what our population is going to be and it will be a perpetual count. We have to reject this in order to get our census accepted by the Government. The Council requested that the City Clerk call the University of Florida and inform them that the Council does not accept their figures. Upon roll call the motion to reject the University of Florida's population figure CARRIED 5-0. The City Clerk read a letter from the Volusia County Manager regarding connected system of county roads. The County Council will hold a Public Hearing on November 17, 1977 in the Courthouse Addition in DeLand. Councilman Shell made a motion that this subject be tabled until the next Council meeting. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Florida Department of Environmental Regulation regarding the unacceptability of the quality of drinking water within the subject distribution system. Mayor Armstrong stated that reports were sent in and precautionary measures have been taken to avoid any possible reaccurance of this situation. The City Clerk read a letter from the Crown Life Insurance Co. with reference to the bid submitted for employee life and health coverage, and the agent of record. AUDIENCE MISCELLANEOUS Mr. Opal spoke about a Special Meeting of March 29, 1976. He further stated that meeting has been declared illegal and demanded that those officials responsible for the purchase of an automobile return to the City $1400.00 Councilman Dietz said that the law suit that Mr Opal brought against the City of Edgewater cost the City about $4,000. Mrs. Woodard spoke about the law that states the Mayor and each of the 4 Council members be elected by voters-at-large. This criteria was not met during the primary election and the election November 8, 1977 was an illegal election. Mr. Duhse a new resident to Edgewater who is building a home on Riverside Drive, spoke about the problems they have been having with vandalism. He would like permission to put a small building temporarily on the property for the use of a security guard, and construction tools. Councilman Sikes made a motion to grant Mr. Duhse for a period of 90 days permission to put a trailer at 511 N. Riverside Dr. for the purpose of a security guard and construction tools. Council- woman Webber seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Armstrong stated that Mr. Duhse would need to make an application with the Building Official at City Hall. Mr. Cameron spoke about buying property where there was an encroachment. Mayor Armstrong ruled him out of order and said it was a matter to be settled in a courtroom 4 Q o Mr. Woodard asked for the Council's oplnlon on Mrs. Woodardls request for a denial of the election on November 8. Mayor Armstrong stated that the election was set by a Resolution as a regular election and it is his opinion that it would be necessary to go to court to have the election invalidated. Mr. Woodard wanted to know if it was Mayor Armstrong's and the Council IS opinion that the election is valid. wanted a ruling on the Resolution that set the general for November 8, 1977. opinion He election RESOLUTIONS None ORDINANCES (2nd Reading) No. 993 AN ORDINANCE AMENDING ORDINANCE 880 PROVIDING FOR THE REZONING OF CERTAIN PROPERTY LOCATED WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FLORIDA FROM ITS EXISTING ZONING CLASSIFICATION OF MH-1 to B-3. REPEALING ALL RESOLUTIONS OR ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz moved that the Council adopt Ordinance 993. Councilman Sikes seconded the motion. Upon roll call the Ordinance was ADOPTED 5-0. OLD BUSINESS Hospitalization Insurance for employees. Councilman Sikes made a motion that the subject of hospitalization be tabled until the regular Council meeting on Monday November 14, 1977. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. NEW BUSINESS Councilman Sikes made a motion that Briley, Wild & Associates be authorized to prepare all necessary papers in connection with the EDA grants. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion that the City Attorney be directed to draw the necessary one amendment to Ordinance 880 that will permit the Zoning Board to collect the necessary data and make recommendation to the City Council for permitted uses, not change in zoning, for industrial and commercial zoning, and the City Council may adopt the recommendation by Resolution. Councilwoman Webber seconded the motion. Councilwoman Webber moved that perhaps the Planning Board should . be included in the recommendation, as an addendum to Councilman's Dietz motion. There was no second to this addendum. Upon roll call Councilman Dietz's original motion CARRIED 5-1. Councilwoman Webber voted NO. Mayor Armstrong introduced Russ Foster, the new Fire Chief of the Volunteer Fire Dept. Councilman Dietz made a motion that the Council instruct the City Attorney to draw up an Ordinance obligating the Federal Revenue money for the Federal Revenue Sharing 9th entitlement (1977-78) in the amount of $53, 517. to the Water Treatment Plant Construction Project. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. 5 , ' . . o o Mayor Armstrong announced that the Council would meet Wednesday November 9, 1977 at 4:00 P.M. as set by Charter. and Wednesday November 9, 1977 at 7:30 P.M. as set by Charter. The 4:00 P.M. meeting would be to canvas the election returns and the 7:30 P.M. meeting to adjourn the old Council and install a new City Council. Mrs. Murphy brought up the subject of the small legal ad placed in the newspaper concerning a meeting of the Planning Board to discuss the future of Edgewater with interested citizens. She felt something of this importance should receive better advertisement. Mayor Armstrong informed her that it was necessary to place an ad in the Legal section of a newspaper 14 days prior to a Public Hearing. Councilman Sikes made a motion that the Council recess until Wednesday November 9, 1977 at 2:00 P.M. for a pre-construction meeting between the City of Edgewater and the engineers. Councilman Shell seconded the motion. The meeting was recessed. MINUTES TAKEN BY: Sue Blackwell Nancy Blazi Mayor ~ ....... " c i 1 mean-. "- ~~ Councilman a L--- Counc la~ F ~ ~ Councilman ATTEST: ~~r~ Approved thi s I + ~ay of NOV~ <) ~or "7 ~ ~ 6