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04-03-1978 - Regular l' \- , o o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING April 3, 1978 Mayor Christy called the regular meeting of the Edgewater City Council to order at 7:00 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 Woods City Clerk Sue Blackwell Deputy Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present Present Present Excused Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Dietz made a motion that the Council approve the minutes of March 27, 1978. Councilman Shell seconded the motion. Upon roll call, the motion CARRIED 3-2. Councilman Shell and Councilman Sikes voted NO because they were absent at that meeting. BILLS AND ACCOUNTS Councilman Dietz made a motion that the Council approve the bills and accounts for payment. Councilman Rotundo seconded the motion. Upon roll call, the motion CARRIED 5-0. COMMUNICATIONS The Deputy Clerk read a memo from the Zoning Board recommending that B-5 be rezoned to add "Food Processing, Honey Products" ONLY to permitted uses. The City Attorney said that this was too restrictive and was almost spot zoning. The Council discussed alternatives. Councilman Dietz made a motion that the Council hold a Public Hearing April 17 for the purpose of adding "Food Processing" to permitted uses in B-5. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy Clerk read a memo from the Zoning Board recommending that duplexes in R-3, as a Special Exception, would be allowed if there is an existing duplex already there. The Council will take this under advisement for the April 10th Public Hearing. The Deputy Clerk read a memo from John Gross, Sr. resigning from the Merit Board. The Council discussed this and the fact that the Merit Board has not met since last February. Councilman Sikes made a motion that the Council accept Mr. Gross's resignation. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Rotundo and Mayor Christy voted NO. r ChristY~il1 notify other Merit BO~ participation and the possibility of members concerning more new members. Mayor active There was a report and bill from the Building Inspector. Councilman Sikes made a motion that the Council approve this bill for payment. Councilman Dietz seconded the motion. Upon roll call, the motion CARRIED 5-0. A letter from the Cultural Center Committee for Council information only. A request from the Board of Adjustments and Appeals that the Council appoint the City Attorney as the Hearing Examiner for a hearing scheduled on April 11th. The City Attorney said that it would not be feasible for him to act as hearing examiner since it might be possible a court case could result which he would be involved in as City Attorney. The Council discussed other people who could assume this responsibility. Councilman Dietz made a motion that the Mayor contact Mr. Cliff Denton and ask him to accept the appointment. If Mr. Denton is not available then the Mayor should contact Mr. Fish. Councilman Sikes seconded the motion. Upon roll call, the motion CARRIED 5-0. A letter from the County Manager's office concerning the proposed bike path. Councilman Dietz made a motion that the Council instruct the Mayor to attend the Council meeting of April 20 to lobby for the material necessary to complete the bike path. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Rotundo voted NO. A letter from Mrs. Egeland concerning the city vacating certain property between Riverside Drive and Hubbell Street. The letter was turned over to the City Attorney for his recommendation. A letter from the Census Bureau which was turned over to the City Planner. An invitation to the Council to the next Volusia Municipality dinner. The Mayor read a proclamation concerning Soil Stewardship Week. A memo from May, Zima concerning their opinion on the future use of the addressograph machines at City Hall. It is the opinion of May, Zima that they should be sold by competitive bid. Councilman Sikes made a motion that the Council advertise these machines for sale to the highest bidder. Sealed bids should be at City Hall no later than May 15, 1978 at 4:00 P.M. Councilman Rotundo seconded the motion. Upon roll call, the motion CARRIED 5-0. A letter from Florida Action for Animals concerning a conference to be held at the Islander Sat April 8th and Sun. April 9th. Councilman Sikes made a motion that the Council authorize the Mayor and Police Chief to attend this conference. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATOR'S REPORT Councilman Rotundo brought up the subject of the land to be used to build a new fire station. He also recommended that the Police Department be authorized to have a $25.00 petty cash fund to take care of emergencies and small purchases especially on the weekends. This will be checked out with the auditors. He also brought up the meetings with the Fire Dept. and EVER concerning the proposed County Fire District. The next meeting will be Wednesday at 2:00 P.M. 2 o o Councilman Rotundo also spoke about the copying machine for the Police Dept. approved for anti-recession funds. The Chief will try to find one. Councilman Shell brought up the subject of Community Drive. The City Attorney has written to the property owners that the City would care for a street if the property owners deeded a sufficient amount a land to the City to widen Community Drive. Councilman Dietz made a motion that the Council instruct the City Attorney to make up the necessary papers for acceptance of the dedicated land from the property owners interested and contact the other owners and if they are not willing to cooperate then the City will proceed with condemnation proceedings to get the right of way for the rest of the street. Councilman Shell seconded the motion. - There was a discussion about the width of the road and the amount of property that would have to be deeded. The City Attorney said that someone should engineer this project and find out what width would be acceptable, even if it was not as wide as some other streets. Councilman Dietz suggested that Mr. Shell should give the Council a report of this. The Mayor said that the motion and second should be withdrawn. Councilman Shell withdrew his second and Councilman Dietz withdrew his motion. Councilman Shell also brought up the subject of the culverts on Palmetto. There is only a small section on the west side of Palmetto south of Knapp St. that has a serious drainage problem. There were residents in the audience that objected to the culverts. The Council discussed the problem and explained to the people the type of drainage necessary and that the ordinance must be enforced. It was finally decided that the Council would not take any further action until the May 24th meeting. The residents of Palmetto St. could present their side of the problem and possible alternative. Councilman Sikes said that he would have a report next week. Councilman Dietz asked the City Attorney about a front foot assessment ordinance. The City Attorney said that Edgewater does not have a specific ordinance on front foot assessment and he suggested that it would be in the interest of the City to have an ordinance that would allow the City to impose a special assessment on a front foot basis. The City will be faced with increasing problems as the water and sewer system develops. Councilman Dietz made a motion that the Council authorize the City Attorney to draw up an ordinance on a front foot assessment to be presented at the April 17th meeting. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz reported on the meeting with Mr. Rogers of Tomoka Refuse. He suggested that the Council consider appointing a coordinator to check on the service for the City, and also that the City continue to withhold the monies from vacant trailer spaces for at least three more months until the service has improved almost 100%. If after the probationary period, the service has improved to the satisfaction of the Council then we would cancel the agreement with Tomoka Refuse concerning the vacant trailer spaces. Councilman Dietz made a motion that the Council instruct the City Clerk to put in escrow the monies being withheld from the 3 . o o contractor for the trailer parks, per agreement signed by Mr. Abney, relieving us from paying that amount for a period of 3 months. At the end of that period, the Council will review of the service and if the Council feels that the service has improved sufficiently, then the Council will give the money held in escrow to Tomoka Refuse and return the agreement with Mr. Abney (dated/6-28-77). Cbuncilman Sikes seconded the mot.ion. Upon roll call the motion CARRIED 5-0. The City Attorney suggested that we get some kind of written agreement with Tomoka Refuse to preclude any more letters from Tomoka attorneys. Councilman Dietz made a motion that the Council authorize some official of the City to act as coordinator with Tomoka Refuse and keep a closer check on the type of service the City is receiving. He suggested the Police Chief. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz also spoke about the 208 plan presently being discussed by the County Council. It is his suggestion that in the very near future the City of Edgewater should go on record as being against the method to implement much of this plan. Councilman Dietz made a motion that the Council authorize Mr. George Ladhoff of the Planning Board to represent the City of Edgewater at the Grant Writing Seminar to be held the end of the month in Palm Beach. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz said that Mr. Stearns had requested that he be relieved from the sewer payment on the filling of the Acqua Park pool. He will use 175,000 gallons. The Council spoke with Mr. Stearns. Councilman Dietz made a motion that we waive the sewer cost on this and charge only for the water. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The Mayor asked the City Attorney about License transfer fees. The City Attorney said that he did not feel that we could ask for a new license in place of a transfer but that we could increase the fees for a transfer. It was the decision of the Council that this would not be necessary. There was also a discussion about Council absence from meetings. The City Attorney said he was working with the Building Inspector on Ordinance 909, aluminum additions to mobile homes. Councilman Dietz made a motion that the City Attorney draw up ordinance withdrawing the provision of the charter that states the number of meetings that Councilmen can miss. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO. RESOLUTIONS None ORDINANCES Ordinance No. 1003 AN ORDINANCE REZONING CERTAIN PROPERTY IN THE CITY OF EDGEWATER FLORIDA, FROM ITS PRESENT ZONING OF R-3 TO B-1, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 4 - :t' o o. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCE No. 1004 (1st reading) l ORDINANCE AMENDING ORDINANCE NO. 969 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO PROVIDE FOR A CHANGE IN THE METHOD OF COMPUTING ANNUAL VACATION LEAVE AND ADDING AN ADDITIONAL PAID HOLIDAY, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. /Dpon roll call the motion CARRIED 5-0. ORDINANCE No. 1005 (1st reading) AN ORDINANCE AMENDING SECTION 3 OF OR DINANCE NO. 904 BY INCREASING THE SEWER DEVELOPMENT FEE TO $200, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. OLD BUSINESS Richard Diamond, City Planner gave a report on his conference with Briley, Wild concerning voluntary annexation. He also spoke about 701 Planning Assistance grant. We have been accepted to apply for this grant. Building Inspector Review The Council discussed the probationary period for the City Building Inspector. No Council members had any questions to ask the Building Inspector and they were all satisfied with his work. Councilman Dietz made a motion that the Building Inspector be reinstated full time and the probation be withdrawn. Councilman Sikes seconded the motion. Upon roll call, the motion CARRIED 5-0. Councilman Sikes made a motion to adjourn. Councilman Dietz seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ATTEST: C~ r:1-~j Deputy City Clerk ~ Approved thi s / Aay of April, 1978 .. ~~~ ~ ~~~t?'( Mayor 5 ~ ~ ~