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07-06-1998 - Regular '-'" ., CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 6, 1998 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:03 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 Administrative Secretary Lisa Kruckmeyer Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Excused Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Dr. Lawrence Tee commented on the help they have received from Monsenior Francis Campagnone. They would be pleased to have him as part of their team. Monsenior Campagnone delivered the invocation. There was a pledge of allegiance to the Flag. Chief Schumaker asked for Council's approval in appointing Monsenior Campagnone as a Police Chaplain. Councilman Gornto so moved, second by Councilman Roberts. The motion CARRIED 5-0. APPROVAL OF MINUTES A. Re9ular meetin9 of June 15, 1998 Councilman Gornto made a motion to approve the June 15, 1998 minutes, second by Councilman Hammond. The motion CARRIED 5-0. B. Special meetin9 of June 24, 1998 Councilman Roberts made a motion to approve the June 24, 1998 minutes, second by Councilman Hammond. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Mayor Allman stated he has never seen a town pull together the way Edgewater has in the last five or six days. The Fire Department and citizenry are unparallel. He spoke about the CERT team from Edgewater Landing. We can't say enough about the men and women of our Fire Department and the citizens who did whatever they could to help. Mayor Allman read a proclamation and presented the Mayor's Award of Excellence to the Edgewater Fire/Rescue Association and Edgewater Fire/Rescue Department. Mayor Allman stated Edgewater is the one of the few if not the only town in Volusia County that suffered zero fire damage. There were no citizen comments at this time. .~ ...." CITY COUNCIL REPORTS Councilwoman Lichter spoke about a letter she received from Mr. Sowers on Travelers Palm Drive regarding delays on a Code Enforcement issue. It is not her legislative duty to go looking for code violations. We have a Code Enforcement Officer who has been instructed to look for problem areas and she has very much been doing that. Councilwoman Lichter stated she has been attending the meeting of all the cities in Volusia County to see how they can coordinate efforts. She is on the Fire/Rescue unit of that and they have recently finished a questionnaire concerning fire services. When it gets back to the subcommittee they will tabulate the results and bring it to the larger meeting. Councilwoman Lichter spoke about a letter dated June 16th to George McMahon and Jack Hayman. She feels they should send an updated list to Jerry Fox from the Volusia County Business Development know who the Mayor and Councilpeople are. Councilwoman Lichter spoke about the Council going around and seeing the fire line. Councilwoman Lichter spoke about Kenny Greaves and Animal Control Officer Robin Feger opening a shelter in New Smyrna Beach off of Canal Street at the Babe James Center. Councilwoman Lichter presented an update on the Water Alliance. They have hired a developer to see where we are going in the next 20 years. We are going to be short of water in twenty years. Not that there will be less water but more people. Mayor Allman stated he has been approached by the American Legion 285 about the possibility of a parade on Veterans Day. He suggested putting this on the next agenda. He read the request from Mike Blickenstaff. The parade is to be held on November 11th. Interim City Manager Hooper informed Council they could vote now or wait until the next meeting. Councilwoman Lichter stated she is not sure what the firemen had in mind in lieu of the 4th of July and if they feel there would be a conflict. Acting Fire Chief Tracey Barlow informed her there is no conflict at this time. Mayor Allman suggested researching this and bringing it up at the next meeting. Councilman Gornto had nothing at this time. Councilman Hammond spoke about going to the Fire station and seeing everything going. He spoke about the false information given by the news media regarding a mandatory evacuation of Florida Shores. He feels it was remarkable to see how the community came together. He thanked everyone that helped. Councilman Roberts spoke about a resident who expressed concern about truck traffic on the newer paved roads. He feels 30th Street, 26th Street and Hibiscus Drive should be marked as truck routes. Interim City Manager Hooper agreed to look at that. Acting Fire Chief Barlow presented an update on the fires on a county-wide level. He referred to a map of the fires that have burned or were still burning. He spoke about two fires they are actively watching. He thanked the community for their support. Page -2- Council Regular Meeting July 6, 1998 ...... ....." Acting Fire Chief Barlow stated everything they have received for donations they will maintain until they are out of the woods. Once we are out of the woods, they will take the left over donations and help support Flagler and Brevard Counties that will be experiencing a long term recovery. Acting Fire Chief Barlow stated on July 4th they didn't answer any alarms that were related to fireworks. The association may celebrate their 50th anniversary at a later time during the year. Acting Fire Chief Barlow presented an update on the new Fire station. Mr. Visconti asked about evacuation routes. Acting Chief Barlow explained the main routes should be open. New Smyrna Beach High School has been established as an alternate shelter. Acting Fire Chief Barlow spoke about experiencing smoke conditions for quite some time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Ord. No. 98-0-03 (Flood Control and Drainage) section 9.5-56 (Exemptions) Mayor Allman read Ord. 98-0-03. Planning Division Manager Lynne Plaskett made a staff presentation. The City currently requires new construction to meet st. John's Water Management District permit requirements and also City stormwater requirements. This is basically a duplication of services. This ordinance allows that you comply with st. John's Water Management District stormwater permits or the City's requirements based on the threshold requirements. Interim City Manager Hooper stated it results in a streamlined process. Councilwoman Lichter asked if one is more stringent than the other. Ms. Plaskett explained no they are not the same. There are different threshold requirements for the City. The city is more restrictive in certain areas than st. John's. Mayor Allman opened the public hearing. Dominic Capria, 606 Topside Circle, stated he realizes they are doing away with duplication between the City and st. John's. He asked if this will fix any past permitting problems. Interim City Manager Hooper stated you would need one permit or the other. There won't be problems with conflicts in the permits because you won't have to get both. Councilman Roberts asked who do they go to to rectify a situation. Interim City Manager Hooper explained if there is someone in the permitting process, you would do one or the other. If it is already permitted it is under the conditions in which it has been permitted. Councilwoman Lichter asked if there were two jurisdictions that gave permits and there is question in terms of one being more stringent than the other in the past, does the one only hold now or does the more stringent one hold if it is a past situation. Interim City Manager Hooper explained if it is previous, it is the permit that was issued. If those have competing conditions, then the more stringent will be required. In the future you will only get one permit. Page -3- Council Regular Meeting July 6, 1998 ~ ~ Councilwoman Lichter feels they have water problems in many places in the city. She questioned why they aren't going the more stringent way. She is worried about areas where she sees water problems exist. Ms. Plaskett spoke about stormwater requirements required by the State. It is all based on the total square footage of impervious surface being created. Councilwoman Lichter stated it depends on the size of the project. She spoke about other cities having a person to help with the process. Interim City Manager Hooper commented on this being the case in larger cities with large numbers of permit applications and large projects where a liaison is assigned to help with the permitting process. Councilman Roberts made a motion to approve Ord. 98-0-03, second by Councilwoman Lichter. The motion CARRIED 5-0. B. Ord. No. 98-0-05 Removin9 the three employee cap for li9ht manufacturin9 in the B-2r Nei9hborhood Commercial District. section 606.01(b) Planning Division Manager Lynne Plaskett made a staff presentation. Staff recommends based on the uses down there, that the three employee cap for light manufacturing in the B-2 District be lifted until new land development regulations can be prepared. City Attorney Clayton stated the ordinance has not been drafted and is not in the package in front of Council at the moment. She thinks what Ms. Plaskett has done is come straight from the LDRA with this information and wanted to get a clarification that the removal of the cap was for all uses that it applied to. The ordinance will then be drafted, advertised appropriately and two public hearings will be held. That is the recommendation from the Planning and Zoning Board at this time. We also had public participation on this at the last Planning and Zoning Board meeting. Councilwoman Lichter stated the last Council tried to apply to get this area to be light industry. They thought we had too much industrial area in town. She feels this takes care of one of those problems. She asked if there is any connection with the other cap and if they can vote on this separately. Ms. Plaskett explained she is looking for direction from Council to proceed and then they would present an ordinance to Council for public hearing. This provision lifts the three employee cap on light manufacturing and there was only one other provision in there that they discovered that also has a number of employee cap. That will also be brought forward. Councilwoman Lichter asked if this only pertains to Hibiscus Drive and Guava Drive. Ms. Plaskett informed her it is the B-2 District period. city Attorney Clayton explained there is no ordinance before Council. This is just to get authorization to prepare and advertise an ordinance that would remove the cap of three employees in businesses that provide light manufacturing and light automotive service. Councilman Roberts feels this will be a positive move in the B-2 District. Councilman Roberts made a motion to pursue Ord. 98-0-05, removing the three employee cap and to bring it back after advertising for public hearing, second by Councilwoman Lichter. Page -4- Council Regular Meeting July 6, 1998 '-' ...." Councilman Hammond stated since he has property and a business, should he vote. City Attorney Clayton stated it is appropriate for him to announce that and she doesn't believe it enures to his special benefit, it enures to the special benefit of all in B-2. She stated he can go ahead and vote. John Moore, 2354 Fern Palm Drive, feels this is great. He is glad to see that something is being done. This is just one thorn on a big bush. The three employee cap hasn't been enforced for years. He spoke about reasons why they can't rezone that from B- 2 to 1-1. He stated the biggest objection the Department of Community Affairs has to the City rezoning is the fact that our Evaluation and Assessment Report was found insufficient. It is an assessment of how we have complied to our Comprehensive Plan. We can't amend the Comprehensive Plan until the EAR is found sufficient. Come November of this year, the State of Florida is passing new legislation which is going to make it harder for us to have our EAR sufficient. Mr. Moore asked Council and staff to work towards getting the EAR sufficient. He thinks they need to look at doing this before November 1st while they still can. Councilwoman Lichter questioned the EAR being insufficient as being the first reason given by the Department of Community Affairs. Mr. Moore stated reasons given were internal inconsistencies, lack of data, and the fact that 68% of our proposed industrial development was not developed. DCA's biggest problem with amending our Comprehensive Plan for any reason is the EAR is not sufficient. Councilman Hammond asked if we are getting an outside source to come in and check everything out to help expedite this problem we have. Interim City Manager Hooper explained Ms. Plaskett is working on this right now. They are going to meet on it and either do outside sourcing or fix it ourselves. The motion CARRIED 5-0. CONSENT AGENDA A. satisfaction of special assessment (paving) liens B. satisfaction of six (6) lot clearing liens Councilman Gornto made a motion to approve the Consent Agenda, second by Councilman Hammond. The motion CARRIED 5-0. OTHER BUSINESS A. Blanken's Landing - SD-9601, final plat review Planning Division Manager Lynne Plaskett made a staff presentation. A certificate of Occupancy can not be issued until final plat approval. Staff recommends approval. Councilwoman Lichter asked if the five occupants will have access to the recreational area. Mr. Plaskett informed her that is correct. Councilwoman Lichter asked if there is a stipulation about maintenance and safety. Ms. Plaskett stated she knows there was a document prepared for recording. There was some discussion as to whether a Homeowners Association had to be approved for this subdivision. She is not quite sure where they are with that. John Blanken has complied with everything our Code requires him to do for final plat approval. Councilman Roberts asked if there were any objections to adjacent property owners. Ms. Plaskett informed him no. Page -5- Council Regular Meeting July 6, 1998 '-' ~ Councilwoman Lichter has no problem with the four lots around the cul-de-sac and the one off of South Riverside Drive but she thinks it behooves them that there be terminology in terms of maintenance, insurance, etc. She has been aware of lots in common when the original developer leaves and then there is problems with the five people doing maintenance. She feels whether it comes after or it should come as part of needs to be tightened up. City Attorney Clayton explained this would depend on what the conditions of approval were. Councilwoman Lichter would like to have more information. There was a brief discussion regarding Homeowner Associations. city Attorney clayton stated her concern is whether it was placed on the development at the time it was approved. She would do a historical review to see if this was a condition of approval or if it was something provided for as a condition in the deed. Ms. Plaskett explained there are deeds, covenants and restrictions on this piece of property. To date, there is no homeowners association affiliated with this particular subdivision since it is only five lots. Mayor Allman suggested tabling this until the next meeting. Councilman Roberts asked if the cul-de-sac is an up-to-date paved roadway and if any improvements have to be done on the infrastructure for subdividing this property. Ms. Plaskett explained Mr. Blanken has already done all of the improvements required. Councilwoman Lichter is worried about the recreational facility across the street and what is going to happen to it. This item was tabled until the next meeting. B. F.I.N.D. Project - Infrastructure Reimbursement Agreement~ modifications to agreement requested by F.I.N.D. C. F.I.N.D. Project - Proposed contract with McKim and Creed, P.A. for design and engineering services including Master Plan for entire 220 acre site, and development of the F.I.N.D. dredged materials management site and the Industrial and Research Park Interim City Manager Hooper explained these are two parts, the interlocal agreement between the city and F.I.N.D. and the second is the engineer's contract agreement to do the work. They have been approved by F.I.N.D. Staff recommends approval of the infrastructure reimbursement agreement and the contract with McKim and Creed. Mr. Webster from F.I.N.D. is present as well as Mr. Sloan from McKim & Creed. Councilman Roberts made a motion to approve Items B & C, second by Councilman Gornto. The motion CARRIED 5-0. D. City Recreation Complex and Gymnasium - Turgot Avenue Location Proposed contract with McKim and Creed~ P.A. for design and engineering services including Master Plan for entire 26 acre recreation complex and development of gymnasium Interim City Manager Hooper explained this contract is a not to exceed amount of $153,000. The gymnasium has a due date of sixteen weeks from.notice to proceed and the Master Plan is seventeen weeks from notice to proceed. Staff recommends approval. Page -6- Council Regular Meeting July 6, 1998 ~ ~ Parks and Recreation Director Jack Corder informed Council the concerns they addressed last time were answered and are completed in this contract. Interim city Manager Hooper commented on the YMCA discussions. He thinks these are pertinent to the point that if there are going to be further discussions the notice to proceed shouldn't go out until the Council is ready to authorize that. Councilwoman Lichter spoke about discussions at the meeting with New Smyrna Beach and the YMCA. She is not sure she wants to combine what the City has set aside for the recreational complex for our community. She is ready to go along with the City's project. Councilman Hammond stated most of the people he has spoken to think this is going to be free. Everyone is going to have to pay to use this. He spoke about having to staff this place and carry insurance. Mayor Allman stated why didn't they think about this before they allocated the money. Councilman Hammond doesn't know if the YMCA is going to go down at the Christian Life Center. He wants to be on the back end if this gets turned down. Mayor Allman doesn't think the YMCA at the Christian Life Center is going to be. He presented reasons why he feels this way. He would like to see the YMCA in Edgewater but he also wants to see the recreation center built. He doesn't want to see the kids in Edgewater going to New Smyrna Beach and paying an out-of-town fee to play basketball. He made a proposition to approach the YMCA with a rent free five-acres at Turgot Avenue which would save them a tremendous amount of money, a lease of whatever it has to be legally. He stated let's bring the y to Edgewater but let Oak Hill and New Smyrna Beach do their share too. Councilman Hammond feels if an opportunity comes up they need to keep the door open. Mayor Allman believes offering the y the five acres will be enticement enough. Councilwoman Lichter asked if Mayor Allman still sees us as having our own indoor complex. Mayor Allman stated absolutely. Interim city Manager Hooper stated Council has the contract for the design services in front of them for the gYmnasium and also the Master Plan. Staff recommends Council go ahead and do that. If you want to discuss further about five acres, we are going to meet next Monday and Tuesday about the budget and that would be an appropriate time to bring that up. Councilman Hammond would like to bring the YMCA to Edgewater. He feels it would be a great asset to have something like that down here. He elaborated on the sliding scale based on a family's income used to determine the fees. Councilwoman Lichter feels they should vote on accepting the Engineer's report. She spoke about the health services people participating in our gYm. Councilman Hammond feels they need to go ahead with the building. Councilman Roberts feels they went to the joint meeting with a more than generous offer. He doesn't feel they got the warmest of receptions there. He feels we need to look out for our own people. If we can't coordinate with the other municipalities and the County and the YMCA, they need to take care of the people that have paid this money. Page -7- Council Regular Meeting July 6, 1998 'W 'tIII1IJII Councilwoman Lichter feels they would have a better shot of getting grant money if they combine it as a Senior/Youth Center. Councilman Roberts feels Jim Foster from the hospital should be contacted as far as incorporating a wellness center into the City's project. Councilman Roberts made a motion to accept this agreement, second by Councilwoman Lichter. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 Pine Breeze Drive, suggested having a community center and gymnasium to be used for weddings, banquets, dances, etc. Mayor Allman informed him this has already been planned. Dick Jones, 1530 Sabal Palm Drive, spoke about the fires. He spoke about the Police Department Dispatchers being on their toes. Susan Hammond, 2119 Sabal Palm Drive, spoke about being told she couldn't water her grass after having pesticides applied to her lawn. She was told if she was caught watering on days she wasn't supposed to be she would receive a ticket. Interim city Manager Hooper spoke about the confusion regarding the restrictions for the reclaimed water and the potable water being different. City Attorney Clayton asked Ms. Hammond to provide Interim City Manager Hooper with a copy of what she received and he would follow up on this matter. Paul Jenkins, willow Oak Drive, gave thanks and commendations to the firefighters that helped with the crisis Florida has been under. He was confused by the evacuation orders in Florida Shores and got the right answers from the Police Department. Mayor Allman stated Acting Fire Chief Barlow is going to come up with some type of evacuation system providing a series of codes to simplify things. OFFICER REPORTS Administrative Secretary Lisa Kruckmeyer had nothing at this time. city Attorney Clayton had nothing at this time. City Manager 1) Mandatory Reclaimed Water Restrictions Interim City Manager Hooper explained we have a limited amount of water and are running out daily. We have instituted mandatory restrictions. Interim City Manager Hooper presented an update on the Fire station. This will be bid in the first week of August unless he is directed to do something different. Mayor Allman asked how soon are they looking at it being done. Interim City Manager Hooper presented a schedule of events. It should be open in March. Interim City Manager Hooper informed Council they would have their first Budget work sessions on Monday and Tuesday. Staffing the new Fire Station will be part of these discussions. Page -8- Council Regular Meeting July 6, 1998 ....... '-' Mayor Allman stated Vice Mayor Bracy from Oak Hill has approached him about the Labor Day group that has boat races that would like to use the Mango Tree lake. He asked the ramifications of this. There have been problems in the past with citizen complaints regarding the noise. This is the only lake that is big enough for this event. He asked this be put on the agenda for the next meeting. Interim City Manager Hooper stated at the conclusion of the budget sessions, he would like to go into an executive session to brief Council on the union negotiations. This will be held on Tuesday, July 14th at the end of the meeting. . Councilwoman Lichter asked for an update on the legal cases. Interim City Manager Hooper informed her this would be included in the budget sessions. Councilman Roberts stated he was approached by a couple of people involved with the Boy Scouts. They would like to have a small jamboree at one of the City's parks, probably Rotary Park. Mr. Corder stated he planned on bringing this before Council at the next meeting. ADJOURNMENT There being no further business to discuss, Councilman Hammond made a motion to adjourn. The meeting adjourned at 8:32 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting July 6, 1998