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06-01-1998 - Regular ~ 'WI' CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 1, 1998 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:00 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 City Manager Kevin Grace 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 There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Regular Meeting of May 18. 1998 Councilman Hammond made a motion to approve the May 18, 1998 minutes, second by Councilman Gornto. Councilwoman Lichter stated she wasn't at the last meeting and didn't know if they were correct. She asked if she and Councilman Gornto should be voting since they weren't there. city Attorney Clayton stated they may vote to accept their submission if there is no comment to make or they could abstain. She would vote yes to accept the minutes. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Ron Prekup, 1829 Lime Tree Drive, Member of Police Pension Board, feels we are very fortunate in Edgewater to have a good Police Department and Police Chief. He feels sometimes it is hard to keep good officers in a city because they don't have decent retirement or pension. It costs a little more but you get quality service and they produce. He feels it is easier to keep the good men and give them what they deserve. He asked Council to give this some serious thought because they need support on that to back our officers. CITY COUNCIL REPORTS Councilman Roberts asked about the situation on Guava and Hibiscus regarding rezoning. After looking at the problems they ran into with the State, he wondered if they can't just modify the B-2 zoning they have there now. He thinks there is an opportunity to cut through a lot of red tape and modify the ordinance that regulates B-2 zoning. He feels this is something they should look into. He spoke about problems they are running into with the Department of Community Affairs. He feels it is wise to take alternative steps to avoid the State and redefine what they can do in that district for the businesses and move the situation ahead so people will start investing and developing in there again. '-' "WtI City Manager Grace stated there are actually two options, one being changing the zoning ordinance to allow some of the things they wanted to do through the Comprehensive Plan amendment just for a zoning change and cut the Community Affairs Department totally out of that. They are proceeding to develop that and bring that to Council for discussion. Planning Division Manager Lynne Plaskett stated they took two options to the Planning & Zoning Board. The Economic Development Board will be hearing this on June 4th. They also sent out letters to all the business owners with a copy of the letter she wrote to the Planning and Zoning Board and the proposed draft ordinance for their comments and invited them to come to the next Planning and Zoning Board meeting at the end of the month. They are hoping to bring that to Council at the first or second meeting in July. Councilwoman Lichter read in the minutes they talked about annexation policy at the last meeting. She feels there are pockets within the community along u.S. #1 that are County also and she thinks that needs to be looked into if there is a possibility those pockets could come in and we could make ourselves a solid block. She feels they run into trouble with which Police and Fire are going to cover that area. City Manager Grace explained they received conceptual approval from the Council at the last meeting. The next step with staff is they are going to take each of those areas they identified and sit down and develop specific strategies to bring back to Council for an annexation plan. These will be strategies that will be implemented over a number of years. One aspect of that is they will be addressing enclaves. There are several options to address them, one being to approach the County for an interlocal agreement that would allow us to essentially automatically bring in all enclaves of less than 10 acres in size. That is one of the options they are looking at. They will be looking at others and those will be included in what they bring back to Council. Councilwoman Lichter asked for a recap of some of the cases they started with in October. She stated City Attorney Clayton informed her she would bring it forth at the next meeting. She has forgotten some of the legal situations they have had from way back. Councilwoman Lichter spoke about the Local Government Study Commission. City Managers are going to have a role as advisors. They are welcome to come to those meetings once a month. The whole schedule is set up for the next year. She thinks it is important they be there because things are going to be done. They are studying the areas that we are in conjunction with other cities now and with the County. They are going to be doing some short term areas such as grants and annexations. There are going to be policies coming forth. Whether they approve or not, they have to have input. A very important issue is the Fire/Rescue business. Whether it behooves them or not, some of the bigger cities want to totally go on their own in terms of ambulance service, etc. She is going to contact David Hood, Chairman, Local Government Study Commission to tell him she wants to serve. Mayor Allman welcomed Councilwoman Lichter back from Africa. Mayor Allman spoke about the Memorial Day celebration that was put on in Veterans Park. Jack Corder and the Parks and Recreation Department deserve a well done for the way the park was set up. Page -2- Council Regular Meeting June 1, 1998 '-"" ....., Mayor Allman has invited three eighth grade students from Discovery Days to come to the next Council meeting who finished third nationally in a contest sponsored by CNBC. They participated in a stock contest. They were given $10,000 of play money to invest over a period of a couple months and they turned that money into $775,000. They finished third in the contest. They will be present on June 15th. Councilman Gornto echoed Mayor Allman's comments about the Memorial Day celebration at Veterans Park. He feels the park looked great. He appreciates the Mayor allowing him to be involved in the wreath presentation on behalf of the City. He complimented the Mayor on the speech he gave that day. Councilman Hammond had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Res. 98-R-04 Florida Power and Light Easement related to Turgot Avenue (26 acres) maintenance building Parks and Recreation Director Jack Corder informed Council they are requesting power for their new maintenance building off of Turgot. In order to get the power there, they have to give an easement to Florida Power and Light to run the power lines to the site. Councilman Roberts asked if the easement will obstruct anything they have for future expansion of the recreation program. Mr. Corder stated no obstructions at all. Councilwoman Lichter questioned environmental concerns regarding tortoises. She asked if this area is environmentally sensitive. Mr. Corder informed her the right-of-way actually runs along the side of the road that is there now and then it would jump across the road to the building where they will set one pole at the building. She questioned if st. Johns had to be involved with them in their right-of-way. Mr. Corder informed her not at this time. Mayor Allman read Res. 98-R-04. Councilman Hammond made a motion to approve Res. 98-R-04, second by Councilman Roberts. The motion CARRIED 5-0. B. Res. 98-R-05 Partnership for Disaster Mitigation and Recovery contract with Volusia County to become eligible for grant opportunities City Manager Grace explained this is a cooperative effort with the County to develop a Comprehensive Emergency Response Plan for the City using grant moneys that are provided by the State. In addition to getting this plan developed for us by the County, the city would get $3,750 in grant moneys to help us in our disaster planning. Jill Landreville, Fire/Rescue, explained the completion of this plan would meet the State requirements. When they have a State required plan, they would be eligible for other grant opportunities within the State. It is a new requirement that they are imposing on municipalities that you do have a State adopted Emergency Response Plan in order to qualify for other grant opportunities. Councilwoman Lichter asked if they have someone designated to be the coordinator. Ms. Landreville informed her they were invited to participate in Volusia 20/20 which was funded through Emergency Management grant money from the State and Chief Daly has participated from the beginning. Page -3- Council Regular Meeting June 1, 1998 '-" ...., Mayor Allman read Res. 98-R-05. Councilman Roberts made a motion to approve Res. 98-R-05, second by Councilman Hammond. The motion CARRIED 5-0. CONSENT AGENDA A. Affirm appointment of Jeanne Delnigro on Police Pension Board B. Satisfaction of special assessment (paving) liens Councilman Gornto made a motion to approve the Consent Agenda, second by Councilman Roberts. The motion CARRIED 5-0. OTHER BUSINESS A. Amending section 606.02(b) (B-3, Highway Service Business District permitted uses) (Postponed at May 18, 1998 meeting) Ms. Plaskett made a staff presentation. It is the recommendation of staff and the Planning and Zoning Board to deny this request. Ms. Plaskett explained when Mr. Becker approached the Planning and Zoning Board, he stated his intent was not to just open up a separate auto paint and body shop. He had a person that wanted to lease the building and his intent was to have it as an accessory use to an auto service center he already had there. There was some opposition from the people in the residential neighborhood. Mayor Allman stated if this is granted and the next person that comes in there wants to open up an auto body shop, it can be done. Ms. Plaskett explained if auto paint and body shops are added as a permitted use, one of the problems is it would be able to go anywhere in the B-3 District and that is the problem they had with it. Mr. Becker keeps his place clean however that may not be the case with everyone. There was discussion at the Planning and Zoning Board level as to whether or not they could just allow him to do it as an accessory use and City Attorney Clayton informed them that was like spot zoning and they either had to recommend approval or denial. They recommended denial at this time. City Attorney Clayton explained this is a request for a text amendment. It is not an actual application to a specific piece of property. This is a request for amendment to the language in the Code book. Charles Becker, 220 Ranken Road, feels in today's times, auto paint and body is a very clean business. His request is not for anything other than what is already written in the book. He wants an automobile sales new and used license and automotive service and repairs. His light body work and paint falls under these categories already. As far as he can see, they are already allowing it in the book. He has been in Edgewater ten years and this type of business is everywhere along the highway. He would have the proper fire codes met, the paint booths are all environmentally friendly and approved by OSHA and NEMA and a bunch of other organizations. He stated you can have cabinet shops on B-3 highway. He feels cabinet shops are noisy. He spoke about industrial areas that abut up to residential property. He feels there is no reason for not being able to have a little bit of paint and body work along with the rest of the auto service and repair business on U.S. #1 in Edgewater. Page -4- Council Regular Meeting June 1, 1998 ........ .."., Councilman Roberts stated body shops can be messy. Mr. Becker's property has been well kept but that doesn't mean anybody with an auto service place along u.s. #1 is going to keep it in the same condition. They are in the process of getting u.s. #1 cleaned up. They are trying to encourage more growth of professional office space on the highway and get it looking more appealing. There are a number of auto service businesses on u.s. #1 right now. Body shops typically are a lot messier than a lot of businesses. Mr. Becker feels a body shop is no more messy than a cabinet shop or auto repair business. He stated people are paying top dollar for property on u.s. #1. He doesn't think it is really an issue. He thinks the people on u.s. #1 are going to keep a clean business and run a clean shop. He stated the existing two business on u.s. #1 are clean. He can understand beautification but he can't understand the logic. He feels u.s. #1 is really the only business frontage. Councilman Roberts stated there are a lot of business districts that allow this in other parts of the City. He feels this would be more appropriate in the more industrial type areas. In some of the industrial areas, they back up to multi-family rather than single family neighborhoods. Those areas were designed so there would be a buffer from light industry into multi-family into single family. Apartment complexes are considered commercial. Mr. Becker feels it is a big interpretation issue. trying to handle this without hiring an attorney. is already black and white in a lot of respects. He has been He thinks it Councilman Hammond stated he has shut down when the air files start going they make a spoke about the dust from the body putty. is noisy and dusty. his body shop because lot of noise. He He feels a body shop Mr. Becker feels it doesn't make sense. That is a business corridor. If you live behind it, you can expect some noise. He stated it is a decision Council has to make and how he pursues it after that is up to him. Councilwoman Lichter made a motion to deny amending section 606.02(b) to include paint shops, second by Councilman Hammond. Councilwoman Lichter feels that the B-3 District is supposed to have the type businesses that relate to highway traffic in some way. She feels the Planning and zoning Board denied this request for good reason. There is a place for that type of operation in our community. There are buffer zones that are supposed to be in existence between business and residential. A more intense use of business would not act as a buffer. This acts as a buffer. Our Planner has checked other communities and only car dealerships are allowed to do this operation. It doesn't exist other than with two exceptions in other communities. We are not alone in this. Councilman Roberts asked how close the home in the back is to him. Mr. Becker stated it is approximately 55 to 60 feet away. Councilman Roberts stated if he lived there, he would not be pleased to have a body shop introduced 50 feet from his home. Mr. Becker stated Edgewater is unique because we only have one highway. The motion CARRIED 5-0. Page -5- Council Regular Meeting June 1, 1998 '-" ...." B. Mayor Allman appointment to Planning and Zoning Board due to resignation of Mary Agrusa (Tabled at May 18, 1998 meeting) Mayor Allman appointed Michael Azzarello to the Planning and Zoning Board. C. Evaluation of existing paved roadways/Proposed road re- surfacing City Manager Grace informed Council of the additional information gathered by Staff. Staff is still recommending the $47,500 in the budget be used to resurface Beulah Drive, Industrial Road, Pelican Lane and 16th Street. Councilman Roberts feels it should have been presented this way in the beginning. He has looked at a lot of the roads on the list and some are in really bad shape. He spoke of them being listed from the worst to the least worse roads. He is seeing roads listed in the top ten that were paved in 1993. Roads built less than ten years ago are worse than roads built fifteen to twenty years ago. He feels they need to get a better grip on quality control when it comes to putting asphalt down on the roads. He feels they need to really look at the roads. He stated when the city accepts roads from a developer of a subdivision, someone has got to do their homework. We have obviously accepted roads that were poorly built. Councilwoman Lichter stated besides different standards and different years that maybe use or water factors or other things might also factor in. Councilman Roberts feels water factor should have been taken into consideration when engineering was done for the base of the road. He is surprised some of the newer roads are actually in worse shape than roads ten or twelve years older than them. City Manager Grace stated it should not be that way. Councilman Roberts feels the City was accepting into their jurisdiction roads in subdivisions that shouldn't have been accepted. He feels they need to look at this in-depth. He feels they need a long term plan and what they are going to do about it. Mayor Allman suggested scheduling a workshop on this item. city Manager Grace asked if they want to do that before they move forward with the $47,000 expenditure. Mayor Allman would like this scheduled as soon as possible. City Manager Grace stated the problem they are facing is much larger than the resources available to address it at this point. We are going to be facing a small amount of money for a large need. He hopes they can increase their commitment each year until several years from now when they can budget on an annual basis what they need to routinely resurface these roadways. Mayor Allman stated there is 300 feet on Beulah that needs to be repaved but we are talking about an extra quarter mile on Beulah that needs to be paved. city Manager Grace stated they are going to have to approach those from two different approaches. He informed Council that is something they can talk about at the work session. City Manager Grace feels they are going to need to approach the unpaved roadways from an assessment approach like Florida Shores and then approach the resurfacing from the general revenue. That is a maintenance of infrastructure the City already has. Page -6- Council Regular Meeting June 1, 1998 "--' ..., Councilman Roberts feels they need to find out if these roads have proper water and sewer underneath them because there is no sense in taking a shell road and paving it if it doesn't have proper sewer lines and they will go in a few years later and tear it up to put in sewer. That has to come into play with the scheduling. The report states from Hibiscus to Mango is in bad shape. When he drove down it, it almost looked like it was paved in two different time zones. From Lime Tree to Mango, a short section at the end, was in a lot worse shape than from Hibiscus to Lime. Some of these have to be looked at a little closer. He feels they really need to look at the worst possible conditions they are dealing with and correct them. He feels they need to look at the unpaved streets and find out what is underneath them. They need to speak to Terry Wadsworth and find out where his lines are and where he plans to go from where they are and his expansion plans. Councilwoman Lichter stated it seems to her a plan is in the works and that they have asked the professional Engineer to list the streets that have to be done in the order. She stated City Manager Grace told them they should put ex-amount of dollars in this year. Councilwoman Lichter stated several residents have already met regarding the unpaved streets. She has received phone calls. She imagines they are going to thoroughly check water, sewer, rights-of-way and everything else before recommendations. She feels they should visit or look at the top ten streets and if they abide by the word of the professionals, she is willing to go along but she is also willing to say a very thorough job has been done, beyond what is a normal way of checking roads and they could probably act on them. Mayor Allman again spoke about Beulah Drive. He feels if you do something halfway, the other half never seems to get done. He commended City Engineer Fegley for his report. He feels if they are going to do the first 300 feet, he can't see leaving the other quarter mile unattended. He wants to have a workshop to see where they can go with that and if it is feasible or not. City Manager Grace feels what you run into is a policy question. How is the Council and City going to address unpaved roadways. If they use the general revenues to go out and newly pave the rest of Beulah for those people, everybody else in the City with an unpaved road is going to expect to be treated the same way. He suggested Council approach from two different directions, a maintenance approach which is the already paved roadways and roads that aren't paved yet be approached from an assessment approach. He has had discussions with some citizens who want to do that on South Air Park Road and Pelican off of Riverside Drive. If they wanted to do Beulah, they would want to approach those folks as well to see if they are interested in participating in an assessment program. Councilwoman Lichter spoke about paving requiring an assessment and repaving coming out of the budget. She feels it needs to be funded in two different manners to make it fair for the rest of the taxpayers who paid for their unpaved roads to be paved. Councilman Roberts spoke about 22nd Street being done in 1993. The twenty-fourth road on the list was done twenty years ago. It is hard to pay thousands of dollars into redoing a road that is five years old. He thinks a workshop is in order to look at this a little more in-depth. We have a nightmare when it comes to the road system other than the roads done in the CIP Phase II program. Now that they have this report it gives them more insight to what they need to do and how to approach it. He has looked at quite a bit of the streets and there are more he is going to look at. Page -7- Council Regular Meeting June 1, 1998 .... ...., City Manager Grace suggested since the recommended roads are not newer roads, there is probably not a lot of debate about whether the ones being recommended need to be done. Councilman Roberts asked if that is the road in question where the sewer line did not go down because the houses on the north side were not considered part of Florida Shores. He is hesitant to repave that because it was talked about putting sewer to those residents. City Manager Grace stated that is going to get into a situation where you may be looking at an assessment program and whether those people want to enter into an assessment program to extend sewer lines. Councilwoman Lichter suggested between City Manager Grace and City Engineer Fegley they could come back with the first ten and see if there are any mitigating circumstances why they may run into trouble. City Manager Grace stated they are recommending four that they have money for that they can address. He feels Council needs to hear back on 16th Street. If Council could approve that with the understanding that they won't proceed with 16th until they look at the sewer issue. Councilman Roberts asked why number four was skipped. City Manager Grace asked City Engineer Fegley if he had an answer why they jumped over from Perdita to 16th Street. City Engineer Fegley explained some of the factors came in to play where the average daily trips and the proximity for the contractor to address these was an issue. The reason he recommended 16th Street is because they are looking at a tieing 16th Street into the sewer into Regent and Bond. He explained 16th Street is a dedicated truck route and it has a lot higher average daily traffic and will suffer a lot more deterioration than Perdita in the future. That is why he recommended 16th. City Manager Grace asked City Engineer Fegley what he said about the sewer issue on 16th Street. City Engineer Fegley has discussed this with the utilities Director and the closest route to connection, there is a lift station at Mango and Regent, which is adjacent to the Fuller unrecorded subdivision which is a small section that is unsewered. They haven't determined which way they are going to go with regards to sewering 15th and Lime and that area and whether to go down the center line of 16th or just direct connect into the Regent and Bond area. City Manager Grace asked if it would make more sense to do Perdita instead of 16th at this point. City Engineer Fegley stated he would go along with that. City Manager Grace stated that would take the 16th issue out of there and if they could address the sewer issue, they could roll that into next year. Councilman Roberts feels they need to look into the other streets and see if they have the same predicament. There is no sense paving something if you have to tear it up in a few years. The infrastructure for water and sewer has to go in first before they cover it up. Councilwoman Lichter asked if the price would be the same. City Manager Grace stated they may have a little bit of money left over due to Perdita being a shorter street. Mayor Allman feels they are going to need to have a workshop after the first four streets. The streets in question are Beulah, Industrial, Pelican Lane & Perdita. Councilman Gornto made a motion to pave the first four streets with the money that has been allocated and the Mayor call a workshop to discuss this issue in-depth, second by Councilwoman Lichter. The motion CARRIED 5-0. Page -8- Council Regular Meeting June 1, 1998 ~ ~ D. Beautification of medians at north entrance into City on u.s. Ll City Manager Grace made a staff presentation. staff has worked with the Beautification & Tree Committee to develop a proposal for the first two medians on the north end. This project includes a landscape design prepared by Mike Tanksley of the Beautification Committee, irrigation, a new sign and electrical service to light the sign. The cost is estimated to be about $22,000. He thinks the Chamber may pay for the signs but they have to formally vote on it. To get the water service to the medians will be paid out of utility funds which is about $8,000 of the cost and the remaining $13,000 would come out of general fund contingency moneys. staff is asking for conceptual approval and authorization to seek bids on the project work. Councilman Roberts made a motion that they accept the proposal, second by Councilwoman Lichter. Councilman Roberts thinks they need something coming into the City. Eventually he would like to see it at both ends. He expressed concern about seasonal flower beds. Annuals are maintenance all the time. He would like them to come up with permanent plantings in those areas. He feels this will bring enjoYment to people coming into the City. Every other City has done this. He thinks by getting the Chamber to help out it is a great thing to do. He feels this is a positive thing to do for the city. city Manager Grace stated with regard to the south entrance feature project, they are planning at this point to plug something into next year's budget. Hopefully in the next fiscal year they will have that project underway. Councilman Roberts asked on the south end, because of the work Eckerds is doing there, is there any way while they are changing the turning lane in there to take advantage of the disruption of the road and jack and bore over to those islands or is that premature at this point. City Manager Grace stated that is something they can look at and agreed to speak to Mr. Wadsworth about it. He thinks they are looking at doing it further south. He feels that would get a lead line into the center of the highway for the future plans. He spoke about not having the reclaimed water system in the middle of U.s. #1. Mr. Corder informed Council the medians at Indian River Boulevard already have water to them and Eckerds is extending our reuse line from the Library to U.s. #1 and when that is done they are going to disconnect the potable water now and run the reuse into that site. We will have reuse at that site in the near future. The motion CARRIED 5-0. E. Report by Police Pension Board Chairman Gary Conroy, Police Pension Board Chairman, made a staff presentation. He reported the Pension fund is doing very well. Mr. Conroy referred to a hand out in the package and addressed the disability section and the benefit data. He stated they have the worst disability and retirement benefits in the state of Florida for their officers. He then referred to the second page of the handout, being an FBI report that comes out every year for the safest communities in the state of Florida for our size. Edgewater always rank in the top three. Page -9- Council Regular Meeting June 1, 1998 ~ ...." Mr. Conroy contacted Principal Mutual and asked them how much it would take to put in the plan to double it to 50% and make them parity with everyone else and was told the cost for every sworn officer would be $1,400. Mayor Allman feels 50% is too low. He feels the same way about the Fire Department. He thinks our people that put their lives on the line for the residents in this town, if they are injured in the line of duty they shouldn't have to skip a beat. He thinks it ought to be 100%. If we can't as a community let these people know we are behind them 100% then there is something wrong with them. They can't live on 50%. They can hardly live on 100%. City Manager Grace informed Council they are getting ready to go into contract negotiations with all of the unions including the Police union. They don't yet have the proposals from the Police union. The Council will have every opportunity to address all benefit and salary issues as part of that negotiation. Some of that they will do in executive session. Mayor Allman stated 25% in the line of duty or accrued benefit tells him they really don't care what happens to these people. Mr. Conroy informed Council the State Legislature has just let them to increase to 50% what equities are. Right now they are limited to 30%. As of October 1, 1997 they can go 50% in equities and 20% into the international funds. They are going to have better returns and look at other avenues. He spoke of officers that have died recently. F. Request of New Smyrna Beach Youth Football Association for special activity permit to hold fund raisin9 event sellin9 State- approved fireworks June 24 throu9h July 4 at southwest corner of u.S. 1 and Roberts Road and waive administrative costs Melissa Lancellotta, 2803 Oak Trail, fund raiser organizer for Pop Warner Football, requested the administrative costs be waived. Herman Parker, former President of Pop Warner Football, informed Council even though it says New Smyrna it should be New Smyrna Area Youth Football Association. They do include the kids in Edgewater. It costs them about $50,000 a year just to run the football organization. They only receive about $20,000 from registration fees. They rely on fund raisers to make up the difference. If they have to pay $150 per day, that cuts into about half the profits from a fund raiser and hardly makes it worth doing so. This is one of the biggest fund raisers of the year. Councilman Gornto moved for approval, second by Councilman Roberts. The motion CARRIED 5-0. Mayor Allman stated Terry Godfrey from The Eatery restaurant is asking for a Special Activity Permit for June 20th from 11 a.m. to 6 p.m. They are planning an outside barbeque for the area business people at their location and she is requesting the $150 special event fee be waived. Terry Godfrey, 2632 Yule Tree Drive, The Eatery, stated it would be held behind her business. She stated people have donated prizes for people. Councilman Roberts made a motion to waive the fees, second by Councilman Hammond. The motion CARRIED 5-0. Page -10- Council Regular Meeting June 1, 1998 ..... .."" Councilwoman Lichter asked about constantly being asked to waive the fees for special activity permits. She feels no one pays for them. She is wondering what is the City charging for. City Manager Grace informed her they are generally established to cover the cost the City will incur in reviewing, preparing and covering whatever impact on the Police Department. He feels they need to be considered on a case by case basis to see if it is worthy of a waiver or not. Councilwoman Lichter feels they should have some kind of criteria if they are going to do waivers. City Manager Grace stated that is something from a policy perspective that if Council wants to establish they can. City Manager Grace informed Council they may want to consider whether they want to charge a fee at all for these things. If they don't have some guidelines to use, then some people may be treated different than others. Councilman Hammond asked if they have heard anything from New Smyrna Beach regarding the fireworks. City Manager Grace stated he hasn't. He agreed to call Frank Roberts. He heard the City Manager had been hurt and had been out for three weeks. He agreed to touch base with him. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 pine Breeze Drive, spoke about a comment made by Charles Becker. He would like to see all the businessmen on u.S. #1 to start beautifying and landscaping the front of their businesses and clean up Edgewater. He thanked Council for their vote tonight. He introduced the members of the Beautification & Tree Committee. He hopes they beautify u.S. #1. Ron Prekup, 1829 Lime Tree Drive, spoke about a sign at 1-95 that says Edgewater - 5 miles. He stated 23 feet from it there is another sign that says Edgewater. He asked this be fixed. City Manager Grace agreed to see what they can do about that. Dominic Capria, 606 Topside circle, asked where we stand with the legal solutions and asked when they will get a report. Mr. Capria went on to speak about the roads. He is not against helping pay for those roads but the job that was done in the subdivision where he lives, some of the it is good and some of it is bad. City Manager Grace looked at this and Mr. Capria was told there is nothing they can do about it at this point. He will go into more detail at the workshop why this was approved. Councilwoman Lichter stated Edgewater Landing roads will not last twenty years. Some were accepted that are questionable. Andy Anderson, 1730 Pine Tree Drive, asked if there is a guarantee or warranty on the roads. City Manager Grace stated they have a maintenance bond that expires in one year. Mr. Anderson feels the roads are falling apart. He questioned if there was an inspector onsite when the roads were being worked on and if there was someone from the City watching what was going on. City Manager Grace feels Mr. Anderson is raising issues they may want to discuss at the workshop. Mr. Anderson doesn't feel they should be spending this kind of money on these streets this soon. Paul Jenkins, willow Oak Drive, commented on what happened with the roads as far as the sewer contract and the paving went. The way the contract was written, the interpretation he got was the City's hands were tied because of the contract. There was a big suit between S & E and the City at that time. S & E went bankrupt and they wound up settling with the bonding company of S & E. Page -11- Council Regular Meeting June 1, 1998 '-'" ...." Mr. Jenkins spoke about the canal being moved where Eckerd's is being built. He expressed concern that is going to be about 1/3 of what that canal was able to carry before. Councilman Roberts feels it wouldn't have been approved unless it was adequate for the stormwater control there. OFFICER REPORTS Administrative Secretary Kruckmeyer had nothing at this time. City Attorney Clayton had nothing at this time. City Manager Grace presented an update of the derelict vessel still in the river. He informed Council he got in touch with FIND and the Port. The Port has agreed they are going to go out for a contract to get someone to remove a number of derelict vessels around the area. They have agreed to include this boat in their contract. city Manager Grace has informed Council the contract for McKim & Creed on the Recreation Center will be on the next agenda. City Manager Grace stated the FIND contract mayor may not be on that one. They have had some discussion with the FIND attorneys who have suggested it might be best to wait until after their FIND meeting in June after it has been approved and then bring it to this Council for approval. City Manager Grace informed Council he will be sitting down with all of the union representatives over the next few weeks to get their proposals. After he has those, he would like to have the Mayor call an executive session of the Council to discuss the negotiating points and to get direction from the Council as to how they wish staff to proceed in those negotiations. City Manager Grace presented a status of the Request for Proposals for the copiers, banking services, engineering services, and auditing services. ADJOURNMENT There being no further business to discuss, Councilman Roberts moved to adjourn. The meeting adjourned at 8:47 p.m. Minutes submitted by: Lisa Kruckmeyer Page -12- Council Regular Meeting June 1, 1998