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03-02-1998 - Special/Regular 'w' ....", CITY COUNCIL OF EDGEWATER SPECIAL MEETING KARCH 2, 1998 5:30 P.M. COKKUNITY CENTER MINUTES CALL TO ORDER Mayor Allman called the Special Meeting to order at 5:30 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 Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present MEETING PURPOSE The purpose of the meeting is to listen to presentations by short listed engineering consultants to design and develop the recreation complex project site, with selection and ranking at conclusion. The following made presentations and answered questions presented by Council: HoytjDSW (Curt Easton) Marshall, Provost & Associates (Steve Provost) McKim & Creed (J. R. Sloan) Mayor Allman informed everyone a decision would be made at the Regular Meeting scheduled for 7:00 p.m. The meeting recessed at 6:58 p.m. until the completion of the regular meeting. CITY COUNCIL OF EDGEWATER REGULAR MEETING KARCH 2, 1998 7:00 P.M. COKKUNITY 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 Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present '-" ...., INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Pastor Gallo, Edgewater Methodist Church. There was a pledge of allegiance to the Flag. MAYOR'S AWARD OF EXCELLENCE AND PROCLAMATION FOR TOMMY SWINDELL Mayor Allman presented Tommy Swindell with the "E" Award plaque and read a proclamation in his honor. APPROVAL OF MINUTES A. Regular Meeting of February 2, 1998 Councilman Roberts made a motion to approve the February 2, 1998 minutes, second by Councilman Hammond. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (This is the time for the public to come forward with any comments they may have on any agenda items other than public hearings. Please state your name and address, and please limit your comments to five minutes or less.) Mike Visconti, 316 pine Breeze Drive, would like to see changing the speed limit on u.S. #1 from 55 to 45 implemented as soon as possible because there are too many accidents at the corner of Roberts Road and u.S. #1. City Manager Grace explained that is under DOT's jurisdiction. A letter has been sent to DOT asking them to revisit the matter again and we have received a letter back that they are conducting another study. Councilwoman Lichter suggested sending a P.S. that the Catholic church is being built down there and there will be more access onto u.S. #1. Paul Jenkins, willow Oak Drive, questioned if he should address Item 8F now or wait until that matter comes up on the agenda. City Attorney Clayton informed him it would be better if he addressed it when it comes up on the agenda. CITY COUNCIL REPORTS Mayor Allman had nothing at this time. Councilman Gornto asked for an update on the boat removal. City Manager Grace explained there is nothing new since the last time he reported the status to Council. Councilman Hammond spoke about the water rates and part time residents being charged $40 whether they use the water or not. He would like to look into something for reduction if nothing is being used. Councilman Hammond spoke about property owners that rent out their homes. The property owners have to pay the water bills. If the owners live out of state, it can be difficult for them. He spoke about tenants in New Smyrna Beach putting up a deposit and getting the water put in their name. Councilman Hammond asked what is going on with the Building Official. He feels they need to address this because it is important. Page -2- Council Regular Meeting March 2, 1998 ~ ~ City Manager Grace commented on the utility issue. He stated water and sewer are not the only items on the bill. There is also the solid waste charge. He suggested scheduling this as a future agenda item and return back to Council in the next meeting or two. City Manager Grace stated he has a meeting tomorrow with a committee which consists of Sid Corhern, Lynne Plaskett and himself to review the applications for Building Official. He hopes to have that position filled in the next few weeks. Councilman Roberts asked for an update on the rezoning of the commercial districts of Guava and Hibiscus. Assistant Community Development Director Lynne Plaskett had nothing else to report other than what she reported last week. Councilwoman Lichter spoke about a phone call she received from the Library Board chairman wondering if the Council had forgotten the parking lot at the Library as one of their goals. She asked for an update. City Engineer Fegley explained they have recently sent the revised plan which he will bring back to show everyone the concept to the geotech so he can cross reference his actual data with known field elevations. It is crucial to match the design with the geotechnical information. Then we get with the County to make sure we meet their general criteria such as guidelines, construction specifications and such. It is their money that is funding this project. Then it goes to st. John's and they have to figure out what parts are going to be bid and done in-house. Councilwoman Lichter spoke about a constitutional amendment pertaining to boards of education and school districts which is being proposed that states if there are 75,000 school children in a county, that county can be divided. She feels they should track HB61 which says if there are 35,000 school children in a county that county can be divided. This has a lot to do with monies. This has to do with tax dollars staying at home. Councilwoman Lichter feels the Code of Ordinances needs to be looked at. She spoke about an elderly woman that was afraid to call Code Enforcement regarding a house across the street from her that was a mess. She referred to section 717.03 of the Code of Ordinances. Councilwoman Lichter spoke about VCARD having a service to review the Code of Ordinances. City Manager Grace stated he feels there are things they know are problems today that we know will be problems tomorrow if we don't fix them. He spoke about appointing an ad-hoc committee or however Council wishes to approach it and take a thorough review of the codes. Councilwoman Lichter feels there may be a government body that doesn't charge that we have already paid membership to that might be able to handle this. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public Hearinq Ord. 98-0-01 Annexation of 90+ acres North side of SR 442 and approval of Annexation Aqreement Mayor Allman read Ord. 98-0-01. Assistant Community Development Director Lynne Plaskett made a brief staff presentation. Staff recommends approval. She spoke about concerns people have expressed to her. Mayor Allman opened the public hearing. Page -3- Council Regular Meeting March 2, 1998 'W" ....." Rick Rosen, R & R Grove, stated he owns the orange grove next to Beck's Grove. He spoke about being voted out where he used to live in Ft. Lauderdale because of the property around him being changed from agricultural to residential. He spoke about a trucking company he owns. He spoke about 150 signatures he has received opposing this. He referred to the County Code section 600.2 which states 10 acres or less can be voted out. He spoke about 125 feet of his property being taken for the widening of SR 442 which will make him less than 10 acres. That is why he is buying the property next to him. He spoke about the noise from the trucks at the Florida Shores Truck Center. He and other property owners around him are concerned with all the water on the groves if the property around him is built on. He questioned if they will be flooded out of their homes. He spoke about making a phone call to find out if he would be able to park his commercial vehicles on agricultural property when he bought his property. Mr. Rosen asked Council to consider not changing this until they let people know what is going on. Councilwoman Lichter questioned his two businesses. She asked if his trucks are connected with the oranges. Mr. Rosen stated he owns the semis and is allowed to park his vehicles on his property. Councilman Roberts asked if his property is annexed in the City or if he is in the County. Mr. Rosen spoke about the antenna that was behind his property used for the emergency broadcasting center. It was not annexed in, it was left County. Councilwoman Lichter asked if there is such a thing as grandfathering. She spoke about when property is being taken for the widening of SR 442, the properties will then not be conforming which she was told is grandfathering. Mr. Rosen expressed concern with his property being taken and referred to section 600.02 - County Code. He currently has ten acres until the 125 feet is taken away. A gentleman in Port Orange had more than ten acres and was voted out by Volusia County because they needed the property. City Attorney Clayton stated the County Code probably has to do with qualification for greenbelt or agricultural qualification because anything less than ten acres would be considered to be not large enough for commercial production than qualifying for tax exemption as an agricultural or greenbelt use. She believes it has only to do with a real property taxing issue from the County perspective and not from whether or not he could continue an agricultural use. Mr. Rosen stated the gentleman in Port Orange was railroaded off his property which consisted of 10.4 acres. City Manager Grace stated they could come in and change the land use on it but essentially to kick him off his property he is not aware of anything they can do like that other than to eminent domain where you acquired the property. Councilman Roberts stated he doesn't see how that affects them since it is County. It is not in their jurisdiction, we could not change his zoning unless he annexes into the City. City Manager Grace stated this is not a land use. The Council is not putting a land use on this property. They are looking at annexing it into the City and then agreeing that within two years they will place some kind of urban land use/zoning on that. City Manager Grace explained he think Mr. Rosen's issue is that the property adjacent to him is going to be developed. This would be an issue whether it was in the City or in the County. Page -4- Council Regular Meeting March 2, 1998 "-" ...., Mr. Rosen explained let's say it is approved and in two years it becomes commercial and not residential and he has six hundred people that come in with complaints. Mary Hansen, 1620 S. Clyde Morris Blvd., spoke about the situation at Prestressed Concrete. All they are doing tonight is an annexation to get them in the city. She commented on the agricultural zoning staying on until one of three things happens. There is absolutely no sense in putting residential on that property because of its proximity to 1-95 and what is going to be the four-lane intersection at SR 442 and 1-95. Ms. Hansen stated the best reassurance she can give is the fact that Mr. Rosen will control what goes on if it is in the City and he won't have any control if it stays in the County. That property by its very nature and by its very location simply is not suitable for residential development. Mr. Rosen stated he is being told it is not for housing and in the newspaper it states urban type uses can result in rental, commercial development small business and housing. Mayor Allman informed Mr. Rosen he was out of order and asked him to sit down. Ms. Hansen explained they have to distinguish between the comprehensive land use category of urban versus the precise uses that are going in. What this does is move it from an agricultural approach to a comprehensive land use designation of urban which allows all of those uses. None of which other than agricultural are going to take place because no zoning is presently being applied for. vince Tornelli, Florida Shores Truck Center, stated they would be opposed to having a residential area across the street from them. Mayor Allman feels the misconception he thinks they have is they are annexing this property into the City. There are industrial sites within City limits. This could be annexed for that purpose. The people may very well intend to sell this property off for other industrial or business property. There is nothing that says in the ordinance about changing the zoning at all. He feels they are putting the cart before the horse in this situation. City Attorney Clayton elaborated on this being bringing in a parcel of property that is not being asked to be changed from its current status or use but that in the future it would potentially come to the City based on the annexation instead of to the County. There is no use or change of zoning that is being asked for although urban uses, which this will be changed to in the future, does include residential as a potential use. The likelihood of that being a use at that location is extremely remote. The objections are being noted and they will need to stay vigilant when this property begins to change in its nature for rezoning or planning purposes. They would come back at that time and make objections. City Manager Grace feels the key issue is if Council approved the annexation tonight, within two years they would agree to establish what that urban use is going to be. That can only be done in a public hearing. It will be noticed to the adjacent property owners so they will know what is going on. Tonight's action does not change the agricultural zoning. Mayor Allman closed the public hearing. Councilman Roberts made a motion to approve Ord. 98-0-01, second by Councilwoman Lichter. The motion CARRIED 5-0. Page -5- Council Regular Meeting March 2, 1998 'w ...." B. Res 98-R-02 Supporting creation of Local Government Study C ' . 'V I' t d ' t' I . , omm1SS10n 1n 0 US1a Coun y an app01n 1ng an e ected off1c1al as city's representative City Manager Grace presented the background information for Res. 98-R-02. Councilman Roberts asked if this is covered by VCOG and the MPO. City Manager Grace stated he has heard some frustration about the different levels of government there are in Volusia County. One of the purposes of this commission is to look at the different levels of government and determine if we need all of those. Councilwoman Lichter feels it behooves them to participate. City Manager Grace thinks the danger is if they don't participate, if this does happen and they do sit down at the table and start working things out the City could be affected by things they do without actually being at the table. Mayor Allman read Res. 98-R-02. There were no interested citizens to discuss this item. Councilman Roberts asked if they know what other cities have adopted this. City Manager Grace didn't know off the top of his head but he has seen several come in that have. He is only aware of one that did not. He thinks it was South Daytona. Councilwoman Lichter feels they should tentatively agree to participate if it gets off the ground. If the majority of the cities are going to participate, they probably should send a representative to see what is going on so nothing gets by them. City Attorney Clayton spoke about double taxation and people thinking the cities and counties were doing the same service and the people in the city were having to pay the city and county taxes and getting only one service. City Manager Grace advised Council City Clerk Wadsworth informed him at least eight of the governments have appointed someone already. Councilwoman Lichter doesn't see how it would hurt them to send someone tentatively. Councilman Hammond stated if you get three more cities together and they see a common thing going through there, it gives more fire power going after the County. Councilwoman Lichter made a motion to approve Res. 98-R-02, second by Councilman Hammond. The motion CARRIED 5-0. Mayor Allman passed the gavel to Vice Mayor Roberts. Mayor Allman made a motion to nominate Councilwoman Lichter, second by Councilman Gornto. The motion CARRIED 5-0. Vice Mayor Roberts returned the gavel to Mayor Allman. C. Res. 98-R-03 Relating to Money Purchase 401(a) Retirement llan City Attorney Clayton made a staff presentation to designate a pension program under the 401(a) federal tax laws for City Manager Grace. Mayor Allman read Res. 98-R-03. There were no citizen comments regarding this resolution. Page -6- Council Regular Meeting March 2, 1998 'V ...""" councilman Gornto made a motion to approve Res. 98-R-03, second by Councilman Hammond. The motion CARRIED 5-0. CONSENT AGENDA A. Satisfaction of special assessment paving liens B. License agreement to Florida Inland Navigation District City Attorney Clayton asked if Dan Webster had anything pertaining to FIND. Mr. Webster did not. Councilman Gornto made a motion to accept the Consent Agenda, second by Councilman Roberts. The motion CARRIED 5-0. OTHER BUSINESS A. pilot project for sign franchise City Manager Grace made a staff presentation regarding staff being approached by someone who is interested in entering into a franchise agreement with the City to provide a combination illuminated street sign and directional advertising. Staff recommends proceeding only with a pilot project at this time until they see if it is something they find attractive and useful before they proceed with more than just one. They agreed to do a pilot project at Park Avenue and u.S. #1 at no expense to the City for a 90 - 120 day period. Charles Cameron, Central Signs, made a presentation regarding a street sign proposal. Mr. Cameron also made a video presentation. He went on to summarize what their corporation does. Councilman Hammond stated he likes the look of the signs. Each Identilite will generate $6,000 during a contract period with the city. City Attorney Clayton asked if that is what is generated as a revenue rental. Mr. Cameron stated they have a unit suggested retail price of $350 per month, $50 of which goes to the City. The net is $300. Out of that there is a light bill, maintenance, and the erection of the unit. He spoke about it being an expensive product to implement due to aesthetics being important. Councilman Hammond asked if they have listed multiple businesses. Mr. Cameron elaborated on how they do this. Councilwoman Lichter asked if it is this expensive, how can they do a short term pilot. They were going to erect a unit for the City's use which would give everyone a chance to see the sign and consider if it is aesthetic and whether that program would be an asset to the community. Mr. Cameron explained they would give the City one sign per every ten signs that are leased. Councilwoman Lichter explained her initial response is no because of the benches with advertising on them already in the City and how they look tacky. Councilwoman Lichter asked if they have standards pertaining to decency laws. Mr. Cameron spoke about their company guidelines which can be tailored to the area they are in. Councilwoman Lichter asked how many signs are in a given mile. Mr. Cameron explained in the interim of the pilot program they would provide a list of locations that are appropriate for the program. He expressed the concerns they look at while finding the appropriate locations. Page -7- Council Regular Meeting March 2, 1998 'w" ....". Councilman Roberts asked if this would contradict anything in the sign ordinance. City Attorney Clayton stated she has not reviewed the proposal for consistency with the sign ordinance. Ms. Plaskett explained when the sign ordinance was redone a provision was put in there for this specific type of signage and it's called franchise signs. The sole purpose of that being put in the sign ordinance was when Mr. Coetsee came to the City about two years ago and approached Community Development. It was worked out during the sign ordinance revision that it may be something the City may want to do. Currently franchise signs are permitted in the sign ordinance. City Attorney Clayton asked if franchise sign is defined as capable of carrying advertising. Ms. Plaskett informed her yes. Councilman Roberts can't see putting signs at SR 442. He spoke about the benches being tacky. He doesn't see any place in the City where they belong other than on u.s. #1. Councilwoman Lichter feels there is a difference between advertising City Hall, the Library, or the new recreation complex as opposed to having advertisements allover the place. Ms. Plaskett asked Mr. Cameron if they have the right to find out what the businesses are that will be advertising to be able to approve or deny those. Mr. Cameron explained he would come back to Council with proposed sites. They would then find businesses that would be interested in those sites. Councilman Gornto asked which is the closest city that has these signs now. Mr. Cameron informed him Daytona Beach Shores. Councilman Roberts asked about regional businesses and feels it would be awkward advertising businesses from Ormond Beach or Daytona in Edgewater. Mr. Cameron explained regional advertisers are those such as Coca-Cola who offer products allover the place who would want to come into a City and sponsor a sign. Councilman Roberts asked if it could be limited to just City businesses. Mayor Allman feels the lighted street signs would be a very big asset. Councilman Hammond asked if he has a personal business and wanted to erect a sign, would the requirements be the same. He asked about wind requirements. Mr. Cameron spoke about the bus bench program. He spoke about his program being much more aesthetic than the bus benches. There was a five-minute recess at this time. Councilman Gornto asked if they have any competition. Mr. Cameron informed him they do not. Councilman Roberts asked about the $350 rates per month. Mr. Cameron explained the price is $350 for a full unit. Everyone that participates in the program will pay the same price. Councilman Roberts expressed concern with the local businesses not being able to afford that kind of advertising. He feels they are going to get more regional businesses which is not what he envisioned. Councilwoman Lichter suggested taking the one sign for the pilot program and bring this SUbject up to the Economic Development Board and the small businessmen's association. Page -8- Council Regular Meeting March 2, 1998 'w' """'" Councilman Hammond spoke about the sign being broken down and the cost being lower if more than one business is on one sign. Mayor Allman thinks the lighted street signs would be more of a benefit than the advertising would be a hindrance. The benches look like billboards. Councilman Gornto moved to accept the pilot project for the sign franchise, second by Councilman Hammond. The motion CARRIED 5-0. B. Councilman Hammond and Councilman Roberts appointments to Construction Re9ulation Board due to resi9nations of two members Councilman Hammond appointed Edward Fahey and Councilman Roberts appointed Charlie Cobb to the Construction Regulation Board. C. Councilwoman Lichter appointment to Land Development and Re9ulatory Agency due to expiration of term Councilwoman Lichter appointed Carl Zeese to the Land Development & Regulatory Agency. D. Councilman Gornto appointment to citizen Code Enforcement Board Councilman Gornto appointed Linda D. Johnson to the citizen Code Enforcement Board. E. Consideration of name change of Land Development and Re9ulatory Agency City Manager Grace made a staff presentation. He suggested going with the Planning and Zoning Board as the new name. Councilwoman Lichter commented on names used in other cities. Ms. Plaskett informed them they could call it anything they want based on Florida statutes 163 as long as the bylaws are not changed that incorporate the local planning agency provisions. Councilman Roberts made a motion to change the Land Development and Regulatory Agency to the Planning and Zoning Board, second by Councilman Gornto. The motion CARRIED 5-0. F. section 712.00 (Parkin9 and storage of certain vehicles) of Code of Ordinances City Attorney Clayton presented the background information with regard to a Code Enforcement matter concerning Paul Jenkins. city Manager Grace stated she and Ms. Plaskett have come to the conclusion that Mr. Jenkins is in violation and that the automobile in question needs to be licensed and registered in order to be up to snuff with regard to the code. He basically objects to having to register the vehicle. He questioned if Council is interested in revisiting the Code. If not, they will proceed to enforce the Code as it is today. If they are so inclined, they will proceed to amend the Code that would allow that. Councilman Roberts stated if they amend the Code that means anybody with any unregistered vehicle can park it anywhere in a residential neighborhood. He feels they would be opening a can of worms. Page -9- Council Regular Meeting March 2, 1998 ...... ...." City Attorney Clayton informed Council the state of Florida requires someone have valid insurance before you are able to get a tag for a vehicle. She feels part of the enforcement process you have with the tag's requirement is that they will also have insurance. She informed Council inoperable vehicles are not able to be stored in a residential area unless they are completely enclosed. There was a discussion regarding operable vehicles. Councilwoman Lichter feels the Code book needs to be looked at and not just spotted. If anything has to be changed in Section 712, it's got to be with a bus not being able to park on parochial school property or not the school property. She feels that is the part of section 712(c) that needs to be looked at. City Manager Grace stated either Mr. Jenkins is going to comply with the Code or they are going to proceed with Code Enforcement action. Before we proceed to enforce something that maybe the majority of this Council doesn't agree with, he wanted to get a sense of that before they go forward. Councilman Roberts believes the intention of this ordinance as far as tagged vehicles is to protect the property values in the neighborhoods. Code enforcement is to protect the investments people put into the community. If that is what is on the books, they need to stick by their guns. Paul Jenkins, Willow Oak Drive, went through a history of when the outside storage of vehicles was brought up because of the tag issue. He spoke about the Council ending up writing a new Code because of the problems with the tag issues and hobbyists restoring vehicles. Mr. Jenkins spoke about section 712.00. He feels the license tag only does one thing which is making it very simple for the Code Enforcement Officer to say yes it is legal or no it is not. He feels there should be criteria for whether it is a health and safety problem or any other kind of problem or is someone exercising their right to own a piece of property they wish to own and maintain and keep. He feels the Code should be looked at in relation to the other codes and written in a positive way that deals with health, safety and welfare and accomplishes what it's supposed to do. He would be willing to volunteer his time to help write such a code. Mayor Allman feels the Code is in black and white. It's the Code we are presently living by in the City. If it's a violation, no matter how minute, it's still a violation. Staff feels it is a violation and is going to pursue it as a Code violation. Mayor Allman also feels the Code needs to be looked at strongly. However, the Codes that are in force right now, we have to enforce them as they are written. Councilwoman Lichter spoke about the restoration of cars and having to pay a fee. city Attorney Clayton explained they have to renew yearly. As far the restoration of the car, it has to be tagged only when it is operable. She elaborated on some of the criteria when restoring vehicles. Councilman Roberts feels if they eliminate part of section 712 that says you don't have to keep a vehicle tagged or licensed, someone could end up having beautiful cars that are unregistered. That will look like a parking lot in a residential neighborhood. Page -10- Council Regular Meeting March 2, 1998 ........ ...." City Manager Grace stated his concern is if Section 712 is taken out, you will end up seeing more junk vehicles in a residential area. He feels it is a self-policing mechanism that is in place. Councilwoman Lichter feels this is just one little piece that makes it easier but it's not the answer. Ben DelNigro, 3130 Tamarind Drive, stated if Mr. Jenkins can park his vehicles in his yard, he also has six vehicles that are untagged and stored in New Smyrna that he would like to bring home and put in his yard. Mr. Jenkins spoke about not always being able to see whether a vehicle has a tag or not. In his case it is not visible from off the property. But yet somebody made a determination by coming on his property that there are no tags on his vehicle. Mayor Allman asked if there is or is not a violation. City Attorney Clayton explained they are only talking about whether the Council is interested in reconsidering the policy that is announced in section 712.00. If they don't want to reconsider, and keep the policy which says you must have tags on your cars that are parked in residential neighborhoods, then the Council would just give us direction they don't want to open this up. City Manager Grace explained the Code Enforcement Board will consider the violation and hear both sides. Councilman Roberts made a motion to leave Section 712.00 as is. Mr. Jenkins stated Code Enforcement is not always allowed to make a determination whether there is a tag or not. There are people around who have vehicles with no tags where the tag is not visible and there is nothing Code Enforcement can do about them. Mr. Jenkins asked City Attorney Clayton if he buys a restoration permit for his vehicle, if he would be legal. City Attorney Clayton informed him he would have to comply with the restoration section of the ordinance. City Attorney Clayton explained it looks to her as if it requires motor vehicles that are parked in residential areas, whether they are under restoration or not, to have a tag. There may be an exception in the part where a permit has to be obtained for restoring a vehicle. She didn't have that in front of her tonight. Mr. Jenkins stated he did and asked if she would like to look at it. City Attorney Clayton informed him that is not relevant to the discussion. Mr. Jenkins stated these vehicles are in the back yard and are mostly out of view. He feels Code Enforcement still has to make those kind of mechanical determinations under the restoration process and permit. He feels it is unreasonable to require a tag in this situation because it does not change anything. Mayor Allman stated they are discussing whether this ordinance is viable or not. Mr. Jenkins stated whether it is viable or not has to do with the arguments of equal enforcement, constitutionality, health, safety and welfare and reasonableness. City Attorney Clayton advised the Council when this was adopted a comparison was done of the jurisdictions in Volusia County and there is no exception to this being in effect in one form or another throughout the County and cities in Volusia. City Manager Grace they will proceed. motion for them to approved and is in stated if the Council doesn't act on this, He doesn't think they need an affirmative enforce something that has already been the Code. Page -11- Council Regular Meeting March 2, 1998 .... ...." It was the consensus of Council to leave the ordinance as is. G. Recommendation to award bid for Parks and Recreation Department maintenance buildinq to BETNR Construction Corp., Inc. for $58,311 City Manager Grace informed Council they received bids on the maintenance building, moneys are budgeted and staff recommends approval and award to BETNR construction. Councilwoman Lichter asked why this isn't part of the recreation complex. City Manager Grace explained this one has been in the works for some period of time. Councilman Gornto moved for approval, second by Councilman Hammond. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Nancy Ridner, 2804 Unity Tree Drive, commented on the sign franchise. She would like Council to be aware of the business practices of Pave-Ad International then known as Port USA and now known as Street Ad. She doesn't have a problem with Mr. Cameron but with the people that hire him to do the work. Ms. Ridner spoke about being in charge of accounts receivable for Ridner Signs and they have a bill unpaid for work done in June of last year. She feels getting an answer from these people is just out of the question. Ms. Ridner stated Andre Coetsee still owns part of Port USA now known as Street Ad but is no longer connected as far as trying to get business for the company. He is now selling signs for another sign company in Daytona Beach. She asked the City take a really good look at this company's business practices before they get into a contract with them. City Manager Grace stated before they would actually enter into any kind of formal franchise agreement they would do that kind of due diligence on a company to make sure we aren't creating a problem for ourselves. Charles Cameron stated he has been working for Pave Ad International for six years and he assured Council every invoice they have ever done on a contract basis has been paid and he assured Council and Mr. Ridner that he too had the same problems when Mr. Coetsee was a part of the program. He thinks it was a personnel problem and he knows those problems are being looked into. That has a lot to do with why Mr. Coetsee is no longer employed by the corporation. Ms. Ridner stated it is her understanding from Mr. Coetsee that this business was sold to retired people as a financial investment. She understands they are based in California and are no longer in this area. She does know Mr. Cameron did have legal problems with Pave-Ad at one time. That is the reason our company was contracted to service eighteen signs in the Daytona Beach Shores area. Ms. Ridner feels the Council should ride through Daytona Beach Shores due to a lot of these signs having faces in them that say For sale or Lease and gives the phone number. She feels this looks tacky. She encouraged Council to check the situation out. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. city Attorney Clayton had nothing at this time. Page -12- Council Regular Meeting March 2, 1998 'W' ...." City Manager Grace informed Council the widening of SR 442 would be on the next agenda due to a letter he received from DOT asking that they receive final input from the Council before they proceed with their 60% design plans. He spoke about DOT committing money to beautify the edges of the right-of-way if the City is going to lose the medians. City Manager Grace followed up on the goal setting session they had. He feels they accomplished quite a bit but Council didn't reach consensus on a number of things they talked about. He referred to an annexation plan, the recreation center, the fire station, develop and propose a beautification project on u.s. #1, and working with the Economic Development Board to develop an Economic Development Action Plan. If these are items that there is support from the Council on, those are items they won't have to revisit at their next session. Council agreed those items listed by City Manager Grace would be top priority. City Manager Grace informed Council they could either schedule another Special Meeting or try to come in at 5:30 before the next meeting. He agreed to choose a date that would fit everyone's calendar. ADJOURNMENT There being no further business to discuss, councilman Gornto moved to adjourn. The meeting adjourned at 9:35 p.m. CITY COUNCIL OF EDGEWATER SPECIAL KEETING KARCH 2, 1998 5:30 P.K. COKKUNITY CENTER Mayor Allman reconvened the Special Meeting at 9:35 p.m. for the purpose of selection of an engineer. Mayor Allman informed Council to list their choices one, two and three and pass them down to City Attorney Clayton. City Manager Grace stated if they are going to do that to put their names on the sheet. Councilman Gornto made a motion to choose McKim & Creed as the first choice and HoytjDSW as the second choice, second by Councilman Roberts. The motion CARRIED 5-0. Councilman Roberts moved to adjourn. The meeting adjourned at 9:40 p.m. Minutes submitted by: Lisa Kruckmeyer Page -13- Council Regular & Special Meeting March 2, 1998