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10-10-1977 - Public Hearing/Regular " ~ o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD ~ October 10, 1977 Mayor Armstrong called the Public Hearing on the Sauers Property to order at 7:00 P.M. , October 10, 1977 in the Community Center. The purpose of the hearing was to discuss and act on the rezoning of a portion of the property at 2850 South Ridgewood Ave., from its present MH-1 to B-3. The City Clerk called the roll 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 Excused Present Ab&ent Present Present Councilwoman Webber noted that there were no members of the Zoning Board present. It was her understanding that the Zoning Board had some comments on the proposed changed. Councilman Dietz stated when the City annexed this property, the owners would not have been interested in coming to the City if they were going to lose that, it was the original deal and we cannot go back on it because that was the way we annexed it to the City. Councilwoman Webber said she would like to hear from the Zoning Board to find out what their objection is. City Clerk Blackwell said that the Zoning Board's objection was not the property being rezoned but the fact that the procedure for handling this was not in order. The Zoning Board felt that the rezoning should go through them and then back to the Council. Councilman Dietz said that the reason the Council went ahead and had a public hearing in lieu of going through the Zoning Board was the fact that there was a time element involved in closing the deal to sell the property. Mayor Armstrong said that it was a case of an emergency that comes up from time to time. There were at this time no comments or objections from the audience. He suggested that it be discussed later in the regular session of the council meeting. Councilman Dietz made a motion that the Council adjourn the Public Hearing Councilman Shell seconded the motion. The motion CARRIED 4-0. Mayor Armstrong called the Regular Meeting of the City Council of the City of Edgewater, Florida to order October 10, 1977 at 7:30 P.M. The City Clerk called the roll: 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 Excused Present Present Present Present ~ o INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Dietz made the motion to adopt the minutes of the Regular Meeting on October 3,1977. Councilman Shell seconded the motion. Upon roll call the minutes were approved 4-0. BILLS AND ACCOUNTS Mayor Armstrong read the General Fund bill in the amount of $1,723.75. Councilwoman Webber made a motion that these bills be paid. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Armstrong read the Federal Revenue Sharing bill in the amount of $2,531.67. Councilman Dietz made the motion to pay the bills. Councilwoman Webber seconded the motion. Upon roll call the motion CARRIED. Mayor Armstrong read the Water and Wastewater Fund bills. There was a discussion on the item for D. Kuyk of $60.00. Councilman Dietz explained it was for a seminar. Councilwoman Webber suggested that the Council wait to approve this item, since it was a registration fee and there might be more cost to this seminar. Councilman Dietz said this seminar to sit down with Federal Gov1t. on the subject of new water extension lines. We need this knowledge or else we have to go to the engineers and their fees are extremely high. Councilwoman Webber asked Councilman Dietz if he did not feel he should have asked the Council before he gave Mr. Kuyk permission to attend this seminar. Councilman Dietz answered no. He said he had discussed the necessity for obtaining this knowledge with Mr. Kuyk. If our utility people did not have this information then the City would have to pay for it from someone else. The City has always relied on out side information. Councilwoman Webber said she still felt that permission should have come from the Council. Councilman Dietz said that Mr. Kuyk had already paid for this registration himself and that the Council did not have to reimburse him. Councilwoman Webber questioned if he was still receiving his salary when he was out of town attending this seminar. Councilman Dietz said that he was. Councilman Dietz made a motion to pay the Water and Wastewater bills. Councilman Shell seconded the Motion. The motion did NOT CARRY. Councilman Shell made a motion that the bills with the exception of the $60.00 to Mr. Kuyk be paid. Councilwoman Webber seconded the motion. Upon roll call the motion CARRIED 4-0. FIRE DISTRICT Mayor Armstrong presented Charles Hetrick, Assistant County Manager. Mr. Hetrick said that Councilwoman Webber had contacted him to find out what the prospects would be of working with the County to develop an extension of fire services for some unincorporated areas around the community. He was sure this 2 , o o Tape IB was because of the publicity in the papers concerning the work of the County around the City of Deland and a few other communities where the County had been asked to consider extension of County fire services working with existing fire departments. He met with Councilwoman Webber and members of the Fire Department and the Police Department to discuss some of the areas involved. The County is now in the process of making some in-depth studies concerning what kinds of services are necessary to provide some sort of fire protection in the uninforporated area to the west and south of the City of Edgewater. The County Council has been interested in working with any community that would like to extend its fire services. Mr. Hetrick then reviewed briefly the methods the County is using to provide these services. The County would enter into a contract with the City to provide these services and the cost would be charged in taxes to the uninforporated area receiving this service. It was his estimation that satisfactory service could be provided for something around a mil or mil and a half levy in the unincorporated area. Mr. Hetrick then presented Fire Marshall Art Wilson Mr. Wilson said that a lot of time has been spent with the Fire Department of Edgewater discussing some of the needs, examining their equipment. He has known the Edgewater Fire Department for a long time and they are a fine group of men. Edgewater is very fortunate to have such a fine organization. The Fire Department has naturally pointed out their need for extra equipment, extra station and improved communication system to provide services to unincorporated areas. He feels it is the best idea that has been presented in a long time to involve fire departments in areas where they are already involved. He said that he would be glad to answer any questions. Mayor Armstrong commented on the fact that the people in the present fire district would not lose any of the protection they had at the present time and that the extra cost would be levied against the unincorporated areas. Councilman Dietz said that since our Fire Department is a volunteer unit any contract would have to be with the City. Mr. Hetrick said that was a question best answered by the City Attorney. The County would want to contract with the proper legal entity be it the City and/or Fire organization. He would think it would be the City but there may be legal questions. Councilwoman Webber said that she felt very favorably towards this idea and that the Fire Department was strongly in favor of it also. There was a question of the time involved. Mr. Hetrick said that it would be necessary to have the public hearings and ordinances completed before the end of the year in order to have the district itself on the tax rolls next year. The contract itself would not necessarily have to be executed by the end of the year but the district itself should be on the rolls. Within the next 30 to 60 days the County would be back before the Council. Mayor Armstrong said that the Council and the City would have a lot more questions at a future date, but the County would be able to count on full cooperation from Edgewater. COMMUNICATIONS City Clerk Blackwell read a letter from Mr. and Mrs. Eckberg commending the Police Department and Officer Lenz. Councilwoman Webber made a motion that the letter be placed in Officer Lenz's records. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. 3 ~ ~ o o City Clerk Blackwell read a letter addressed to the City Attorney from Mr. McGough stating that the Farmer's Home Administration has approved funding for $300,000.00. This money is expected to cover the total cost of the project. Security for the loan will consist of revenue bonds secured by lien on the water and sewer facility revenues and utility tax revenues. The annual payment will be due September 1, _. The first two annual payments will be interest only. They further requested 3 copies of the proposed bond ordinance and instruments required to interim funding. Councilman Di etz made a moti on to instruct the City Attorney to carry out the instructions in the letter. Councilwoman Webber seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Armstrong voted NO. City Clerk Blackwell read a letter from the Department of Environmental Regulations, which contained consent order No. 100 for the City of Edgewater landfill to be approved at this time. The basis of this consent order was agreecL'opGn a~t the City Council meeting of Au~u9t 8, 1977. City Clerk Blackwell read a letter from the Department of Community Affairs concerning $750,000. to assist counties and cities who meet the requirements of the local comprehensive planning act. The last two letters involved passing of Resolutions and were resolved later in the meeting. AUDIENCE MISCELLANEOUS Mr. Gross asked for a question and answer period for the new candidates and the incumbents running for office. Mayor Armstrong replied that it was customary for the Chamber of Commerce to hold a public forum. The forum will be held on Wednesday October 19, 1977 at 7:30 P.M. in the Center. Mrs. Woodard requested permission to put posters on City property. Permission was not granted. RESOLUTIONS RESOLUTION NO. 738 A RESOLUTION AUTHORIZING DANA ARMSTRONG AS MAYOR OF THE CITY OF EDGEWATER, FLORIDA TO SIGN A CONSENT ORDER AS PREPARED BY THE DEPARTMENT OF ENVIRONMENTAL REGULATION ENTITLED CONSENT ORDER NO. 100; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this resolution in full. Councilman Shell made a motion to adopt this resolution. Councilman Dietz seconded the motion. Upon roll call the resolution CARRIED 4-0. RESOLUTION NO. 739 A RESOLUTION REQUESTING THE DEPARTMENT OF COMMUNITY AFFAIRS TO INCLUDE THE CITY OF EDGEWATER'S APPLICATION AMONG THOSE REQUESTING FINANCIAL ASSISTANCE FROM THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSISTANCE FUND PROGRAM 1977-78; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. TAPE 2 Attorney Woods read the resolution in full. Councilwoman Webber made a motion to adopt this resolution. Councilman Shell seconded the motion. Upon roll call the resolution CARRIED 4-0. ORDINANCES ORDINANCE NO. 989 (Second Reading) AN ORDINANCE AMENDING ORDINANCE NO. 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA TO PERMIT THE ADDITION OF AN ADDITIONAL ZONING DISTRICT TO BE KNOWN AS R-2-A, SINGLE FAMILY RESIDENTIAL DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. - 4 - o o Attorney Woods read the ordinance . Councilman Dietz made a motion to adopt the ordinance. Councilman Shell seconded the motion. Upon roll call the ordinance was ADOPTED 4-0. ORDINANCE NO. 991 (Second Reading) AN ORDINANCE AMENDING SECTION 13 OF ORDINANCE NO. 896 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA TO PROVIDE FOR THE ASSESSMENT OF A DELINQUENCY CHARGE AND TERMINATION OF WATER AND SEWER SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the ordinance. Councilman Dietz made a motion to adopt the ordinance. Councilman Shell seconded the motion. There was discussion from the audience, primarily concerning the 20 day period. Upon roll call the ordinance was 'ADOPTED 3-1. ~layor_Armstrong voted NO. ORDINANCE NO. 992 AN ORDINANCE AMENDING SECTIONS 4. and 9. OF ORDINANCE NO. 611 of THE CODE OF ORDINANCES OF THE CITY OFEDGEWATER, FLORIDA, TO PROVIDE FOR THE ASSESSMENT OF A DELINQUENCY CHARGE, TERMINATION OF SERVICE AND THE PLACEMENT AND REMOVAL OF GARBAGE CANS PRIOR TO AND AFTER PICK-UP SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the ordinance. Councilman Dietz made the motion to adopt the ordinance. Councilman Shell seconded the motion. There was discussion from the audience. Upon roll call the ordinance was ADOPTED 3-1. Mayor Armstrong voted NO. Mayor Armstrong introduced Mr. Burnett, an attorney from Daytona Beach representing Teleprompter Southeast which is the present holder of the Edgewater franchise for Cable TV. Mr. Burnett appeared before the Council Meeting of June 6, 1977 with representatives of the Teleprompter Corporation. At that meeting there was a presentation detailing the rather shaky financial condition of the Edgewater franchise. The Edgewater Council directed Mr. Burnett at that earlier meeting to submit a request in the form of an ordinance to Edgewater's City Attorney and that is what he is there to discuss this evening. He reviewed the history of the franchise briefly. The original cable ordinance was enacted in 1970 and was given to a TM Communications Co. It was a 15 year non exclusive franchise. The Council amended the franchise in 1972 and gave TM Corporation 5 years to provide cable service to all of the then existing incorporated areas of Edgewater. Between 1972 and 1977 TM was purchased by Teleprompter who assumed the original obligations. The current financial data details the impossibility of complying with giving full service to all areas of Edgewater. Teleprompter has proposed an alternative to amend the ordinance to provide a line extension formula to govern the future increases in the service area. Attorney Burnett read the proposed amended ordinance. Attorney Burnett called attention to what he considered the most important part of the ordinance the area that provides that the company shall extend its distribution lines to any existing or new group of residences under the following conditions: 1. That the group of residences have sufficient density to provide at least 100 homes per cable line. 2. Fifty percent of those residences must presubscribe to the television cable. Tape 2B Mr. Burnett continued by pointing out the advantages for the people of the City of Edgewater. 5 \\ .. o o Mr. Burnett also called attention to the fact that this ordinance gives a non-exclusive franchise which means that Teleprompter would not be a monopoly and the City of Edgewater is not preempted from negotiating with or having another cable television company in the area. Teleprompter is prepared to improve and extend their service if they can earn a fair rate of return on it. Mayor Armstrong indicated that the Council wished to be as cooperative as possible. He felt there should be more study of the ordinance. Mr. Burnett said he would be back in two weeks so that the Council would have time to study the proposed ordinance and formulate any questions they might have. Councilman Dietz asked Mr. Burnett why Edgewater area had fewer cable stations than some other nearby areas. Mr. Burnett said he was not as familar with that problem and hoped to get more information from Teleprompter concerning it, however, it did have something to do with the FCC authorization. Mr. Burnett will return in 2 weeks. OLD BUSINESS Mayor Armstrong stated that Edgewater had 2825 qualified voters.. The City Clerk is preparing a list for the Election Board and the City Attorney will draw up a resolution concerning this for next week's meeting. Councilwoman Webber talked about a City Planner and said that Mr. Diamond had submitted an application for employment. She also said that Mr. Diamond was at the meeting and she was sure he would be able to answer all the Council's questions. Tape 3 Mayor Armstrong introduced Mr. Diamond and asked him to tell the Council about his qualifications for the position of City Planner. Mr. Diamond stated he has a BA degree from University of Maryland, which included 2 years at the school of architecture, completed 1 year of graduate school toward a Master's degree in City Planning at the University of Virginia. He has served on the Department of Planning for the City of Bowie Maryland. He has a great interest in the field of City Planning and recently moved to the Edgewater area . . Councilman Dietz stated that hiring a City Planner depended primarily on the current budget. We may have to do this on a basis of if we have the money we'll go ahead but if we run short weill have to stop. Councilwoman Webber said that she was very impressed with Mr. Diamond's background and she feels that since he has decided to become a resident of Edgewater that is definately in his favor because of the interest he has shown in the City. She asked Mr. Diamond if the HEW requirements for City planning were the same in all states. Mr. Diamond said he believed they differed in various regions. Mr. Lodico spoke from the audience and said that the Planning Board should question Mr. Diamond further. He said that the meeting that was called to introduce Mr. Diamond was not well attended, several people were late and several had to leave early. It was decided that Mr. Diamond would meet again with the Planning Board. 6 . o o NEW BUSINESS City Clerk Blackwell read a letter from Aetna Insurance Company. The anniversary date is November 1st and they want to renew our contract with them but the premiums. have increased. Councilwoman Webber made the motion that the City go out for bids on insurance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. City Clerk Blackwell said that Pyramid Welding 1509 S. Ridgewood Ave. Edgewater has applied for a license. The area is B-1 zoning and it is not zoned for a welding shop but they only do bench welding. It was st~~~g.. that it was B-3 zone. and welding is permitted. Councilman Shell made a motion that the request be tabled until the City Attorney can investigate. The motion was seconded by Councilman Dietz. Upon roll call the motion CARRIED 4-0. Ms. Lackey had requested an occupational license for a woodcraft shop in the mini warehouse on West Pine Bluff. The Zoning Board has made a motion that she be permitted to operate this shop along with this motion Mr. Nichols added that the dimensional requirements of the business can be no larger that 500 sq. ft. Councilman Dietz made a motion to table this request until the City Attorney could investigate. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0 The City Attorney stated that the Council is going to have to have a statement that in each one of these districts the Council may grant license to persons Councilman Dietz made a motion to have the City Attorney draw up an ordinance changing the classification of the Carter Mobile Home Park and Motel. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0 MISCELLANEOUS Tape 3B Councilwoman Webber stated that last Thursday she had attended a meeting of the MPO. She has been working on plans to get a bridge in Edgewater for the past two years The current plan which is very different from the original plan calls for a four lane highway through Cypress St. in Daytona Beach. The people in that area do not want it. She feels Edgewater should do more to get the bridge in this area. Thursday October 13. 1977 at 7:00 P.M. there will be a closed executive meeting of the Council to discuss the PBA contract. Councilman Dietz brought up the subject of Edgewater tax money subsidizing the Beach area. He feels the City should go on record stating that we are very much against this. The people of Edgewater should not have to pay any more than the people in New Smyrna Beach. There was audience and Council discussion. Councilman Shell made a motion to adjourn the meeting. Councilman Dietz seconded the motion. The meeting was adjourned at 10:P.M. - 7 . ~ Q o . MINUTES TAKEN BY Sue Bl ackwell Nancy Blazi f~rc?_~ V'15 M yor / ' Councilwoman ed~~ Councilman ~ - ~ ~ Counc . 'In < Councilman ATTEST: ~~r~ ~#- r d~ ,---j. .... / Approved thi s /{J ~ay of October, 1977 42,,~ -y'~:;:~p Ma or 8 ,