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05-21-1979 - Regular . , r u u ~~ ~~ qj(~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING May 21, 1979 Mayor Robert H. Christy called the regular meeting of the City Council to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Astino City Attorney Judson Woods City Clerk Richard Weser Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION I .~ The invocation was given by Councilman Sikes. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion that the Council approve the minutes of the Public Hearing and Regular Meeting of May 14, 1979. Councilman Asting seconded the motion. Councilman Rotundo said that the access to the Warren property that will be dedicated to the City should be 221 not 251. Mr. Sikes said that he would like have the tapes checked concerning his statement about the Merit Board. He did not believe that he said the Merit Board should be kept out of politics. Upon roll: call the Council approved the amended minutes 5-0. BILLS AND ACCOUNTS Councilman Sikes made a motion that the Council accept the bills for payment. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. PROCLAMATIONS Mayor Christy read three proclamations: Boating Safety Week, Burglary Prevention Month and American Legion Poppy Days. COMMUNICATIONS The City Clerk read a letter from Mr. H. Ranken requesting that certain property be voluntarily annexed into the City. Mayor Christy said that there were 14 signatures on the petition. This included Mr. Ranken's land and other adjacent property. Mr. Woods wanted to know if everyone in this area had agreed to this. The land is supposed to be contiguous to the City for voluntary annexation. Councilman Ledbetter said that he believed there would be a strip of land between this property and the City1s boundaries. Mr. Ranken said that the property was approximately 50 acres. This is connected to the Palm Breeze area. Mr. Woods said that it appeared to be reasonably contiguous to the City boundaries. ~ '- , ( 1 - B ) (2-A) . , Q u Councilman Ledbetter made a motion that the Council table this request for further study. Councilman Asting seconded the motion. Councilman Rotundo said that the City Engineer should study this area. Upon roll call the motion to TABLE - CARRIED 5-0. The City Clerk read a letter from Mr. and Mrs. Gerald Baker requesting that their property be annexed into the City. They would like to be able to have safe drinking water and also police and fire protection. Mr. Woods said that this property was too far away from the City boundaries. Councilman Ledbetter made a motion that the Council reject this request for annexation and notify the Bakers that the reason was the distance from the City boundaries. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the New Smyrna Beach - Edgewater Humane Society requesting additional funds from Edgewater to support the Humane Society. The Council agreed to table this for consideration at budget time. The City Clerk read a letter from New Smyrna Beach inviting Council members to the Volusia League of Municipalities Dinner they will sponsor on June 21, 1979. This was for Council information only. The City Clerk read a letter from Sen. Chiles which referred to various loans and grants that might be available for Water and Wastewater improvements. Councilman Asting said that we might be able to use something like this for updating the water and wastewater systems. The City Engineer should find out more about these grants. He will check with the City Engineer and report back to the Council. The City Clerk read a letter requesting permission for the Pepsi Cola Co. to install a vending machine near the shuffleboard court. Councilman LedBetter made a motion that the Council grant this permission. Councilman Rotundo seconded the motion. - Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo suggested that we send letters to all clergymen in Edgewater inviting them to attend Council meetings and to give the invocation. Councilman Sikes said that it should only be necessary to contact the Ministerial Association. He believes Rev. Canova is secretary to that organization. Councilman Rotundo said that he would like to submit the name of Arthur Nerber, 409 Jeanne Ave. as a member of the Board of Governors. Mayor Christy said that we need two additional members for that Board. Councilman Rotundo made a motion that a resolution be prepared for appointments to that Board and additional members be appointed at the next meeting. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo said that he believed the amount of mail and papers that the Councilmen get each week should be cut down. This is expensive and takes a lot of time and much of what they get does not need to be copied. Councilman Rotundo also said that he wanted to commend the Rescue Squad for the fine job they did last Friday night in saving the life of a pedestrian who had been hit by a car on U.S. 1. 2 -, i" o o Councilman Ledbetter told the Council that the City'got a surplus of 4,000 gals of gas this month. Also/that the ditch on Hill St. will have to be repaired. Councilman Sikes asked if we used leaded or unleaded oas for the police cars? He suggested that the City get another storage tank. They should check gas stations that were going out of business and possibly pick up a tank for free or very cheaply. Councilman Asting said that he would like Council permission to cancel the one ton truck that had been ordered by the Water Dept. The City can use the money for other equipment. The delivery of this truck is past due by over 90 days. Councilman Asting made a motion that the Council approve th~ cancellation of this truck costing $6,429.95. Councilman S,kes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting said that the water lines should be completed by April 1982. Councilman Astinq said that in reference to the speed limit in the Florida Shores area he has checked with DOT and was told that the City does not need to have DOT run an investigation before we can lower the speed limit. If we feel that the speed limit shoUld be reduced then we should have our own study and state the reasons why speed limit should be reduced. Mr. Bruce Wendig of the DOT had given this information to Mr. Asting. Mayor Christy said that the City should have a letter from the : DOT confirming this. Mr. Woods said that if it is not necessary to have a DOT study then the City should also notify DOT that a change should be made in the directive we received. That directive stated that a study should be done by DOT. If this is in error, DOT should correct it. Councilman Asting made a motion that the City Engineer and the Police Chief conduct a study and state the reasons why the City feels that the speed limit should be reduced in the Florida Shores area. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion that the Council Workshop scheduled for May 29, 1979 be postponed until June 5, 1979. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting said that he has been evaluating the bus service. We have only had 148 passengers in a three week period. He wished to make a motion that the service be reduced to three days per week with the same bus schedule for those days, Monday, Wednesday and Friday. The City should write to New Smyrna Beach Commissioners to request amending the contract to these three days. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. City Attorney Woods said that the lease agreement with the County for the playground area near the elementary school looks alright. Copies should be given to the Council. Mr. Woods said that the ordinance concerning miniwarehouses needs to have some changes made and it will be ready at the next Council meeting. The Zoning Board wants a limit put on the size of the miniwarehouses. ~lr. Woods told the Council that in the case of the IIbackward housell it aooears that this house is on a dedicated street and there is nothing the Council can do about it. (2-B) Mr. Woods said that in regard to the Highland Shores property, it appears as if we might have a void deed. The area was dedicated in 1926 as a permanent park and the quit claim deed that transferred certain properties in that area may not be legal. He is still waiting for a complete title search. 3 , . r o o Councilman Ledbetter asked the City Attorney about the interlocal agreement with the County. Mr. Woods said that he has requested that Mr. Nolan, Chairman of the Planning Board, contact the New Smyrna Beach City Planner to discuss an interlocal agreement between Edgewater and New Smyrna Beach. This should probably be taken care of first before we go to the County. Councilman Asting asked about the money from McMahon Co. for damages to City property. Mr. Woods said that he had been assured that McMahon Co. will be in touch with us this week. City Clerk Richard Weser requested permission to attend a meeting on elections in DeLand on June 1, 1979. Councilman Ledbetter made a motion that the Council approve this meeting for the City Clerk to attend. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that the Florida Power and Light Co. had said that the street lights the City requested will be installed soon. The one on Lime Tree will be in by Wednesday. Mayor Christy also spoke about Riverside Dr. This is supposed to be the responsibility of the County per letter of Jan. 25, 1979. This also includes Park Ave. to the west limits of the City. Councilman Ledbetter said that the manhole near Rhode Island should be fixed and the City is responsible for this. Mayor Christy also called the Council attention to legislation currently being presented in Tallahassee concerning the courts. The House bill is 364 and the Senate bill is 1084. They take effect Oct. 1, 1979 and relates to County Courts providing reasonable cost assessment for the prosecution of violations of municipal ordinances and remit such costs to municipalities. The Mayor called a ten minute recess. Meeting called back to order. RESOLUTIONS The City Attorney read Resolution No. 79-R-54 A RESOLUTION APPOINTING PAUL LOEFFLER, JOSEPH TROUTNER, SHARON WORKMAN, MARY PEROZZIELLO, AND DORIS SICILIANO TO THE EDGEWATER PLANNING BOARD OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney read Ordinance No. 79-0-12 (second reading) AN ORDINANCE APPROVING THE REZONING OF THE MIKE CALDWELL PROPERTY FROM RESORT-RESIDENTIAL PLANNED UNIT DEVELOPMENT (RR-PUD), REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Mr. God bee, At tor n e y for ~1 r. C a 1 d well, s how e d -- , the Co u n c i 1 a cop Y of the plans that were presented to the City in 1972. He told the Council that there had been a number of recent court cases dealing with this type of case and he advised the Council not to pass the Ordinance. 4 r (3-A) _ 1 o Q The Council studied the plans for the PUD property. There was a discussion as to whether or not these plans had ever been approved by the City Council. Upon roll call the motion to adopt the Ordinance CARRIED 5-0. The City Attorney read Ordinance No. 79-0-13 (second reading) AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA. ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Councilman Asting made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Ordinance 79-0-16 (first reading) AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING WOODWORKING AS AN ADDITIONAL PERMITTED USE IN THE I-I, LIGHT INDUSTRIAL DISTRICT, I-2, HEAVY INDUSTRIAL DISTRICT, AND I-3, INDUSTRIAL PARK DISTRICT, PROVIDING THAT THE BUILDING WHERE ANY WOODWORKING OPERATION IS PERMITTED SHALL NOT EXCEED 10,000 SQUARE FEET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Ordinance 79-0-17 (first reading) AN ORDINANCE CHANGING THE ZONING CLASSIFICATION ON CERTAIN REAL PROPERTY IN THE CITY OF EDGEWATER, FLORIDA, NOW KNOWN AS THE SEAHORSE TRAILER PARK, FROM ITS PRESENT ZONING CLASSIFICATION OF B-3 AND R-3 TO THE MH-IA ZONING CLASSIFICATION, WITH THE EXCEPTION OF THE FRONT 145 FEET OF SUBJECT PROPERTY WHICH WILL REMAIN WITHIN THE B-3 ZONING CLASSIFICATION REQUIRING VISIBLE SIGNS OF COMPLIANCE WITH THE REQUIREMENTS OF THE MH-IA ZONING CLASSIFICATION BY THE OWNER WITHIN ONE YEAR; PROVIDING FOR REVIEW AND APPROPRIATE ACTION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. OLD BUSINESS None AUDIENCE MISCELLANEOUS Mrs. Doris Siciliano asked if there wasn't something that the City could do about Riverview Pines Trailer Park. It is in a very run down condition. Mayor Christy said that the Police Chief should check this out~ Chief Baugh said that he had talked to the owner on several occasions and that the owner was trying to clean up and improve the property. NEW BUSINESS The City Council considered an application from Mr. R. Saunders, 2022 Sabal Palm for a Home Occupational License for Lawn Care. 5 : P., . -". o o Mr. Saunders spoke to the Council and said that there would be no outdoor storage of equipment. He owned a one and one/half ton truck (van type) and all equipment would be stored in the truck and out of sight. Councilman Asting made a motion to grant this Home Occupational License. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion to adjourn the meeting. Councilman Rotundo seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ~. ~~. a_~d~ Mayor /-. ~ , ~ 4~-- Councilman ~ ATTEST: ~ City lerk . -k~.~ Councilma APPROVED THIS ~ DAY OF JUNE, 1979. 6