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08-17-1998 - Regular '-' ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 17, 1998 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:16 p.m. in the community Center. ROLL CALL Mayor Randy Allman Councilman James Gornto Councilman Myron Hammond Councilman Gary Roberts Councilwoman Judith Lichter city Attorney Nikki Clayton Interim City Manager Kenneth Hooper City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. PRESENTATION OF PLAQUES/PROCLAMATIONS/CERTIFICATES A. Proclamation expressing appreciation of Edgewater's assistance to Ormond Beach during the recent fire storms Mayor Allman read the proclamation from the City of Ormond Beach expressing appreciation of Edgewater's assistance during the recent fire storms. He gave the prOClamation to Carmel Shearer to post at the Fire Department. APPROVAL OF MINUTES A. Regular Meeting of August 3, 1998 Councilwoman Lichter made a motion to approve the August 3, 1998, second by Councilman Roberts. The motion CARRIED 5-0. Mayor Allman reviewed the meeting procedure. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Karen Jones, 2620 pine Tree Drive, asked that fees be waived for Consent Agenda Item B - Special Activity Permit. CITY COUNCIL REPORTS Councilman Gornto asked for Interim City Manager Hooper to report on the status of the funds available to move the derelict sunken vessel in the river. Interim City Manager Hooper stated they have been told it is under a contract through the Port Authority to be moved. We were told that would take place during the month of August and we will follow up and see if it is really going to happen. Councilman Gornto stated he rode the power poles are still there. Hooper if he heard anything from informed him no he hadn't. down Indian River Boulevard and He asked Interim City Manager Florida Power & Light. He ~ ...., Councilman Gornto made a trip to the substation and he believes if Code Enforcement went over there, there is a citation that could be issued. The grass is too high and needs to be cut. He feels Florida Power & Light should abide by the same rules as everyone else. He further commented on the appearance of the substation. Councilman Gornto further commented on the power poles. He wants the poles down. He feels there has to be another way to do that than disfigure and make the main artery into this town an eyesore. He feels that is what they have done and should correct the action and he isn't going to quit talking about it until he gets it done. Interim City Manager Hooper agreed to draft a letter and send it to Florida Power & Light. Councilman Gornto spoke about a letter he received from a lady who has drafted her own letter and sent it to everyone that would have any representation or effect on this area. He feels a letter writing campaign and walking around with signs might be good. Councilwoman Lichter feels safety should also be included in the letter. Councilman Gornto spoke about pictures he has taken from one of the side streets where if you are at a certain place, the pole blocks the view of a truck. Councilwoman Lichter feels safety usually works better than aesthetics with Florida Power & Light. Councilman Gornto doesn't feel they acted as good citizens and that there were other alternatives that could have been used. Councilman Hammond agreed with Councilman Gornto. Councilman Hammond spoke about phone calls and people that came in to see him regarding Mango Tree Drive and Indian River Boulevard. On the south side there is a foundation that had been started that is just sitting there. He thinks they need to do something about that. Interim City Manager Hooper agreed to look into this. Councilman Roberts asked Interim City Manager Hooper for an update on what they talked about with the lighting being out at Whistle stop Park and have they started putting signs together for posting the parks with the police phone number to report vandalism in the parks. Interim City Manager Hooper lights have been replaced. going to go into the parks. the next week. informed councilman Roberts the They are working on a sign that is They should have some signs up in Councilman Roberts asked for an update on the Fire station. Interim City Manager Hooper stated they are going to have bids on the street next Tuesday. They are in the final stages of having the bids completed. They are going to be advertised and at the September 15th meeting, Council will be asked to award the contract. Councilman Roberts asked what they are going to do with the land on 36th Street that the City owns. He asked about liquidating that to put cash back into the budget. Interim City Manager Hooper explained they have talked of having it appraised but they have not done that at this point. They have also looked to see among the City departments if there is a need or use that could be done. The final response is to look to see if there is any desire to do a small neighborhood park in that area. Page -2- Council Regular Meeting August 17, 1998 ~ ~ Councilman Roberts stated Jack Corder may have some input on that. Interim City Manager Hooper stated they are ready to do that as far as going ahead and either declaring the property surplus so it can be sold or to find a use for it. Councilwoman Lichter spoke about having DOT down here talking about widening u.s. #1 to six lanes. We were all quite opposed to that concept. She spoke about an article in the News Journal. Here DOT sits, we come up with a thought to get the traffic away from u.s. #1 and they don't tell us the other thing is in the works. It is like the right hand doesn't know what the left hand is doing. Councilwoman Lichter thinks as an addendum to their original letter, they should again write to DOT and let them know we were thrilled to hear that Mission Road and Williamson Boulevard are going to connect and that there will be an alternate route to u.s. #1 to go north and south. Maybe more immediately they could look at signals at Park Avenue and u.s. #1, which they commented was necessary and also at the Post Office, they should look at the difficulty people have turning left if they are heading north. Interim City Manager Hooper stated they have done what she is requesting on the signal. DOT reviewed their request and denied it saying it wasn't warranted at this time. They have that back in writing as recent as a month and a half ago. Interim City Manager Hooper spoke about a list that DOT has of total road projects that are going on. The article Councilwoman Lichter referred to is a County road project. Councilwoman Lichter spoke about phone calls she has received regarding an amendment on the agenda, which she has questions about when they come to that item on the agenda. Councilwoman Lichter would like a breakdown of hours and billing from the Legal Department. Councilwoman Lichter spoke about new paving of shell roads. She stated the people are willing to pay the money and she doesn't want to lose those thoughts of those streets. She feels if they are going to pave Turgot Avenue into the new complex, maybe this would be a good time to look at a couple of these roads. Mayor Allman had nothing at this time. PUBLIC HEARINGS. ORDINANCES. AND RESOLUTIONS A. Res. 98-R-06 Amending General Fund portion of the FY 1998 Budget Interim City Manager Hooper made a staff presentation. He referred Council to Exhibit A. This is a mid-year adjustment which is roughly $210,000 worth of new money. This is to finish out the last two months of this budget year, rearranging the revenue and the expenditures sides that are coming in. There is $469,000 worth of changes, $260,000 dealing with the fire station and gYmnasium and the rest of the money is additional money shown as new revenues. Councilwoman Lichter asked if whose figures are on Page 2 of the resolution. Interim city Manager Hooper explained they are in the tenth month of the fiscal year right now and this is the projected balance for this year. Page -3- Council Regular Meeting August 17, 1998 ....... .."", Councilwoman Lichter asked what would be in addition that we figure we are going to need for the next two months compared to the $469,000 figure. Interim City Manager Hooper explained this is additional revenues that have been identified except for the fire station and gYmnasium and it is putting the additional money in a contingency fund. He referred to Page 3 of Exhibit A - Other Governmental Services. This will go directly towards next year's budget. Councilwoman Lichter spoke about an article that implied there would be a raising of taxes. Interim City Manager Hooper explained this is just an adjustment of this year. This is coming in defining any additional revenue the City has all of it being non ad valorem or non tax dollars. Mayor Allman read Res. 98-R-06. Councilman Gornto moved for approval of Res. 98-R-06, second by Councilman Roberts. The motion CARRIED 5-0. CONSENT AGENDA A. Public Auction - Staff seeking Council authorization to dispose of surplus of City property at a public auction to be held at the Public Works facility, September 19, 1998 B. Special Activity Permit - Berean Bible Church is requesting a special Activity Permit to hold a craft show at 223 N. Ridgewood Avenue, December 5, 1998 C. Board Appointment - Councilman Gornto's appointment to the Beautification & Tree Committee due to the resignation of Eleanor German D. Board Appointment - Mayor Allman's appointment to the Construction Regulation Board due to the expired term of Gary Madole E. Board Appointment - Mayor Allman reaffirming firefighters' choice of Jim Jollie for a two year term to the Edgewater Firefighters' Pension Board Interim City Manager Hooper briefly explained each item. Councilman Gornto appointed Terry Webb to the Beautification & Tree Committee. Mayor Allman appointed Greg Moore to the Construction Regulation Board and Jim Jollie to the Firefighters' Pension Board. Councilman Gornto made a motion to approve the Consent Agenda, second by Councilman Roberts. The motion CARRIED 5-0. OTHER BUSINESS A. Impact Fees for 2568 S. Ridgewood Avenue - Patriot Properties requesting- abatement of additional impact fees and a "payback system" for adjoining property owners when they connect to the developer's water line Interim City Manager Hooper made a staff presentation. Peter Guske, 2568 S. Ridgewood Ave., spoke in opposition to the impact fees that have been levied upon his building because he already paid over $6,000 in impact fees to the City at construction and over $6,000 to the County in impact fees after construction. He believes these fees should be waived. They brought the water line under U. S. #1 to the west side. Page -4- Council Regular Meeting August 17, 1998 '-" .""" Mr. Guske feels he has more than paid his impact fees and any additional impact fees in the cost of that water line. He is proud of his building and feels that the impact to the City is positive, not negative. The site has been xeriscaped at great additional cost to him. Interim City Manager Hooper referred Council to the last page of the agenda packet. Currently due is $6,204.75, $2,400 for water and $3,800.75 for wastewater. He stated utilities Director Terry Wadsworth made the recommendation to waive the water impact fees. As far as waiving wastewater fees to offset water improvements, that should not occur. staff is recommending Council give an impact fee credit for water only of $2,400. If they wish to reimburse for more than that, they could enter into an agreement for the amount that was spent to put that water line under the road up to that when and if future connections connect to that line. Councilwoman Lichter complimented Mr. Guske on his building. She is not adverse to other people coming in and Mr. Guske getting a credit on that, she just wants to know how that works because she feels the County may be involved. Interim City Manager Hooper explained if they are in the County, they would have to annex if the City is going to provide them water and sewer. Councilwoman Lichter stated she has spoken to Cecil's and a couple of the businesses in the County and they aren't jumping up and down to come in. She doesn't know if Mr. Guske would recoup his money from a water angle. Councilman Roberts stated it is not necessary that someone annex into the City in order to buy City water. This gentleman spent a lot of money to put the water line under the highway that the City will benefit from. He thinks somehow he should be compensated as people connect. He feels it would be fair to set up some sort of plan so he can get a certain amount of reimbursement down the road. Interim city Manager Hooper stated those type of developer agreements are fairly common. If and when people connect, that money would be split between the developer and the City. That would be something if the council wants to get into. This would be fairly new for the City, but it is not new for Central Florida or any areas where the water and sewer systems are being expanded. Mr. Guske is requesting a waiver of the additional $6,204.75 in impact fees that have been levied. Interim City Manager Hooper stated clearly staff is opposed to that. Staff's recommendation is if there is a component for water, he has no problem recommending this be waived. The balance of that is sewer fees and has nothing to do with water and should not be waived. If Council wishes to reimburse over the $2,400, they could come up with a developer agreement so that others connect a portion of that could be reimbursed if and when future users of the water system connect. Councilman Roberts clarified the credit on the sewer connection could not be used towards water connection and asked if this is part of Florida Statutes. Interim City Manager Hooper elaborated on this being something in the bond issue. Mr. Guske stated the $6,200 is additional impact fees. When it comes out of one pocket, it doesn't carry a whole lot of weight. That doesn't even begin to offset the cost of that water line. He again clarified he is asking for a waiver of additional $6,200 in impact fees. Page -5- Council Regular Meeting August 17, 1998 '-" "WJII Councilwoman Lichter asked how this additional impact came about. Interim City Manager Hooper elaborated on half of the impact fees being paid up front and the other half being paid at the time the certificate of occupancy is issued. The second $6,200 is what is owed in order for him to move in. We have allowed him to move in and take use of it depending on how Council votes. There was a brief discussion regarding how much has been paid for impact fees. The total due for water was $4800 and the total due for sewer was $7,600. Councilman Roberts questioned Mr. Guske being credited the $4,800 even if they can't touch the sewer dollars. Interim City Manager Hooper informed him if the Council wanted to credit what he has already paid, they could do that. Mayor Allman asked if there is anyway to get Mr. Guske the $6,200. Interim city Manager Hooper informed the council, if they did this every time someone came in and jack and bored under the road, there would be no water and sewer system. Every time someone makes an investment, when they are building that building, you have impact fees and dedication of water and sewer lines that go the system. This becomes very precedent setting. Mayor Allman stated he has invested $30,000 and paid $6,200 already. He feels this would be an exception instead of a rule. Interim City Manager Hooper explained anybody that would come in now and have to jack and bore under a road, which is not unusual, is going to ask or expect that be part of a credit for impact fees. That is not the way to do a business. You could give him credit for over sizing or extending a line that wasn't in the master plan. Councilwoman Lichter commented on the xeriscaping done by Mr. Guske and asked if there is any kickback from st. John's since he did environmental landscaping. Interim City Manager Hooper explained there is xeriscaping requirements in some of the consumptive use permits but nothing here. Councilman Hammond spoke of a business that had to pay to have a fire hydrant put on the opposite side of the road. That business has been there for a long time. He questioned what repercussions could happen there if they granted the $6,200. Interim City Manager Hooper explained they could ask the same consideration. They would deal with them as individual cases. Interim City Manager Hooper asked if in the past they have given a credit for jack and bore or for running a hydrant on any side of the road. utilities Director Terry Wadsworth stated they haven't given credit for jack and bore but they have worked with people when they did impact fee eligible projects in giving them impact fee credits at the same time. He explained there was water next door at Carter's Trailer Park available it just was insufficient size for fire protection for that particular parcel because of the building construction. Councilwoman Lichter asked about a situation with Joe Martin who had put in water lines on Air Park Road. Mr. Wadsworth elaborated on this situation. That agreement has expired and no one hooked in at the time so nothing every came of that. He had a five year duration when they did it. Mayor Allman was of a mind to overstep their bounds and give Mr. Guske the $6,200. Councilman Roberts asked if they would run into legal problems. Interim City Manager Hooper explained the max they could do would be $4,800. Councilman Roberts feels it would be fair to give Mr. Guske the $4,800. Page -6- Council Regular Meeting August 17, 1998 ~ ~ Mayor Allman asked if there is any way they can come up with the money without getting it from sewer. Interim City Manager Hooper stated yes, you can reimburse that of the other impact fees. He is describing ways that are legal but not smart. Mr. Wadsworth asked Council if they do decide to do this to go ahead and declare that jack and bore to be impact fee eligible based on the fact it is a 10" transmission line and it is to serve new customers. Tom Alcorn, Economic Development Board, explained the third item they will be talking about during their presentation is assisting and retaining existing businesses. They have a tremendous opportunity in the City of Edgewater to bring new businesses in. He further compacted on the impact to the City if they could bring in major industry at the FIND site. If we have someone that provides the infrastructure, everyone else that comes along is going to take advantage of what he does and yet he is not going to be compensated for that. He feels they need to find some way this money could be found to make this possible for him. Councilman Roberts feels the $4,800 is a complete credit on all water impact fees for the project. He feels this would be fair. Councilman Gornto suggested giving the $6,200 to him now and taking the credit when new customers tie in to the water. He suggested taking the difference of $1,400 out of the contingency fund. Interim City Manager Hooper suggested taking it out of other collected water impact fees. Councilman Gornto made a motion to give Mr. Guske $6,204.75 being the refunding of all impact fees for water and that the Interim city Manager decide where the other $1,400 will come from so it is legal, second by Councilwoman Lichter. The motion CARRIED 5- o. Councilwoman Lichter asked about making a list of financial ways they could encourage business that is legal. Councilman Roberts spoke about addressing the Economic Development Board regarding utility impact fees and ways to work on them to encourage business. City Attorney Clayton asked for clarification on the motion if it included the project as impact fee eligible. Interim City Manager Hooper informed her that is correct. There was a ten-minute recess at this time. B. Reorganization Proposal - Proposal to reorganize the Engineering/Public Works Department Interim City Manager Hooper went over the reorganization proposal for the Engineering/Public Works Department. He requested approval of the reorganization. Councilwoman Lichter asked when this would go into effect. Interim City Manager Hooper informed her immediately. He informed Council what he has done with these departments up to date. Councilman Roberts asked if they are saving money in the stormwater fees as far as stormwater maintenance. If so, he would like to know if the $6 per month stormwater fee could be reduced. Interim City Manager Hooper explained there is about a $49,000 savings in stormwater Enterprise Funds and he proposed when they do the budget work sessions to look at this at that point. Page -7- Council Regular Meeting August 17, 1998 ~ ...., Mayor Allman complimented Terry Wadsworth and Park and Recreation Director Jack Corder and feels the city is fortunate to have them. Councilwoman Lichter asked if Mr. Corder will have the time to do maintenance and streets once the recreation complex is built. Interim City Manager Hooper explained additional staff will be added when the recreation center is built. Mayor Allman stated yesterday there were three pages in the News Journal and Channel 6 was here today, and at this time the press has left. Councilman Gornto made a motion to approve the reorganization proposal, second by Councilman Hammond. The motion CARRIED 5-0. C. Board Pr09ram of Work - Economic Development Board seekin9 Council approval for its 1998-99 Pr09ram of Work Tom Alcorn, Vice Chairman, Economic Development Board, explained their work program for 1998-1999. Councilman Roberts asked Interim city Manager Hooper for an update on the FIND project. Interim City Manager Hooper stated the only thing they are waiting on right now is the insurance certificates for McKim & Creed to come in. They have gotten the notice to proceed with their insurance being the item holding them up. Mr. Alcorn continued with his presentation of the 1998-99 Program of Work. Interim City Manager Hooper informed Mayor Allman the Economic Development Board would like Council to approve by way of a motion their work program. Councilman Gornto moved for approval and congratulated them for their Program of Work, second by Councilwoman Lichter. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Phillip Clark, 2941 Oak Trail, stated the group of people he represents are very, very concerned that their wells are contaminated due to the old landfill. They would like to get together with Councilor staff and talk about this and maybe come to some sort of mutual agreement. Interim City Manager Hooper explained they are getting the information from DEP on the groundwater wells that surround that. When they get that information in hand they could go ahead and meet with them regarding their concerns. Councilman Roberts asked if the water has been tested. Mr. Clark stated his was water was flagged by the County when he moved in due to high nitrates. He expressed concern for his family's health. Interim City Manager Hooper asked if anyone has any testing done. Mr. Clark stated he would have to check. The Manager of Water Pollution, Dave Hoover, had some tests and he asked him to come by and get the file but he doesn't know what he has done. Councilwoman Lichter asked Mr. Clark if he has talked to the county about checking anything out. Mr. Clark stated no. A gentleman in the audience spoke about there being new damaging chemicals being found that scientists were not aware of that are now damaging genetically. Page -8- Council Regular Meeting August 17, 1998 ~ ~ Ed Keenan, 1905 pine Tree Drive, feels the Council is doing a good job. He spoke about the News Journal article being a rehash of all that has been previously printed. Ron Prekup, 1829 Lime Tree Drive, thanked council for keeping their promise on behalf of himself and his family. It means a lot to them that they backed them and they are doing what they said they were going to do. Mr. Prekup asked that serious consideration be given to making the property on 36th street into a park. Mr. Prekup also commented on the News Journal article. He is sick and tired of hearing he was part of the conspiracy. It was completely one sided, extremely misleading and very embarrassing to the city residents of Edgewater. This type of continued, one- sided news articles regarding this City council shows irresponsible reporting and it must stop. He feels they have to do something to get fair reporting in the paper. Mayor Allman spoke about a phone call he received from one of the highest ranking politicians in Volusia County, Deanie Lowe. He thinks by not being very vocal with the News Journal prior to his departure was part of the reason he departed early. If they just ignore them and concentrate on City business, the better off they will be. They are going to write what they want to. Andy Anderson, pine Tree Drive, also spoke on the News Journal article. He feels they have been on our case since the new leadership came in and he feels they should back off. Mr. Anderson thanked the Council for voting unanimously to waive Mr. Guske's $6,204.00. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. City Attorney Clayton stated the Council received a package that she had a reproduction of at the prior meeting. She wasn't sure if Council wanted to go into this at this moment or wait. Mayor Allman suggested distributing it and calling a Special Workshop before a City Council meeting to go over it. It was the consensus of Council to hold a workshop on August 26th at 6:00 p.m. City Manager ~ Cancellation of Council meetings due to holidays Interim City Manager Hooper informed Council of canceling the meeting on September 7th and September 21st and move them to September 10th and September 15th. ADJOURNMENT There being no further business, Councilman Gornto made a motion to adjourn. The meeting adjourned at 9:29 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting August 17, 1998