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07-01-1996 - Regular ...... ...." CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 1, 1996 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL: Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey City Manager George McMahon City Clerk Susan Wadsworth Administrative Assistant Lisa Kruckmeyer Police Chief Lawrence Schumaker Present Present Present Excused Present Present Present Excused Present Present INVOCATION. PLEDGE OF ALLEGIANCE Mayor Hayman delivered the invocation. There was a pledge of allegiance to the Flag. Mayor Hayman informed the Council of two additions to the agenda. APPROVAL OF MINUTES Regular Meeting of June 17, 1996 Councilwoman Martin made a motion to approve the June 17, 1996 minutes, second by Councilman Hatfield. The motion CARRIED 4-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Ray Shambora, 1915 Juniper Drive, asked to speak regarding the zoning change to Industrial. Mayor Hayman stated due to this item being a public hearing, he would be able to speak at that time. There were no citizen comments at this time. CITY COUNCIL REPORTS Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Mitchum had nothing at this time. Mayor Hayman spoke about a fax he received regarding the Water Alliance Cooperative Agreement Amendment. Mayor Hayman commented on the MPO project status report. He spoke about the widening of Indian River Blvd. which has been funded through completion in Phase I which is u.S. #1 to Air Park Road. Phase II has been funded for a right-of-way construction and it will move forward in the work program and we don't anticipate any difficulty with that. He thanked staff for staying on top of this. ~ '<tttttIIf PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing Ord. 96-0-04 Amending Article I (General) of Chapter 2 (Administration) of the Code of Ordinances Mayor Hayman presented the background and staff recommendation. Mayor Hayman read Ord. 96-0-04 and opened the public hearing. city Attorney storey informed Council of the sections to be deleted that currently appear in the Charter. Ben Vasquez, 2807 Needle Palm Drive, stated the Charter cannot be changed by amending the Code of Ordinances. He feels the Code of Ordinances sets up the City Manager's duties and provides a method for the people to be protected by what his duties are. To pass this ordinance tonight would be a direct violation of the Florida Constitution. Mayor Hayman questioned Mr. Vasquez's comments. Mr. Vasquez clarified that under the Constitution there are certain regulations where the City can only do certain things. If it is a law on the books, it is up to the Council to see that it is carried out. Ordinance 96-0-04 changes the method of the type of government the City will be operating under. If this is passed, there will be no qualifications to be a City Manager. Councilman Mitchum feels the term "for cause" needs to be in the ordinance and the ordinance still would allow the city Manager to walk away with three months compensation. There was a discussion regarding "for cause" being included in the contracts of the City Clerk and City Attorney. Councilwoman Martin questioned this complying with the present Charter. City Attorney storey explained the Charter providing for Council setting the terms and conditions of employment. This is not changing or conflicting with the Charter. Councilman Mitchum made a motion to approve Ord. 96-0-04 including the verbiage in paragraph C of the City Attorney's contract pertaining to "for cause," second by Councilwoman Martin. Mayor Hayman is satisfied with what has been done and feels this eliminates redundancy. The motion CARRIED 4-0. city Attorney clarified that the ordinance section will just refer to the city Manager and the City Clerk and City Attorney will remain in their contracts. Mayor Hayman informed her that is correct. B. First reading Ord. 96-0-05/Transmittal hearing Comprehensive Plan Amendment/Hibiscus and Guava Drive areas Mayor Hayman presented the background information. Councilman Hatfield suggested going to Item C and corning back to Item B. It was the consensus of the Council to do so. Page -2- Council Regular Meeting July 1, 1996 ...... .."., C. First reading Ord. 96-0-06 re: establishment of rates for garbage and trash collection and disposal by resolution Mayor Hayman commented on this consisting of two issues. He asked to separate the question into two questions and establish the fees by resolution first for the enterprise fund and then go into a more detailed discussion on the rates. He commented on actions taken by County government that the City is having to cope in the form of an increase in rates due to tipping fees. It was the consensus of the Council to separate this into two issues. Mayor Hayman read Ord. 96-0-06. City Manager McMahon commented on rates being established by resolution. He feels they deal with changes beyond our control. Mayor Hayman feels this is an expeditious way to the administrative needs of establishing rates and changing rates and not going through the cost and expense associated with a first and second reading/public hearing. The public still has the opportunity to effect the outcome and express their views. Public Works Director Hugh Williams spoke about establishing the rates by resolution being much more expeditious. Councilman Mitchum made a motion to accept staff recommendation to by resolution establish rates, second by Councilman Hatfield. The motion CARRIED 4-0. Mayor Hayman spoke about the 20% rate increase for tipping fees to become effective in September. He expressed objection to the practice of the County of taking from the enterprise fund dollars and then going ahead and making an increase after they have taken millions of profit away from the fund. City Manager McMahon commented on having nowhere else to dispose of the garbage other than the landfill. Donald Masso, 317 pine Breeze Drive, questioned being able to complain to the State about the actions of the County. Mayor Hayman commented on dual taxation. Councilwoman Martin made a motion to approve Res. 96-R-20. City Attorney Storey explained the resolution was not up for consideration. Mayor Hayman informed city Attorney Storey of the division of the question and the resolution mechanism being addressed first to establish rate fees. City Attorney Storey explained until there is a final reading on Ord. 96-0-06, they don't have the authority to set rates by resolution. The resolution was included in the packet for information purposes only. Councilman Hatfield commented on raising rates in the past and a gentleman that owns a mobile home park complaining about getting no advanced notice of this until such time that his rates were increased which didn't give him the proper time to inform his tenants. The gentleman had to pay the difference in cost. Mayor Hayman stated the effective date is October 1, 1996. The second reading/public hearing will be at the next meeting which would give the gentleman ample time to inform his tenants. Mayor Hayman referred Council back to Item B. Page -3- Council Regular Meeting July 1, 1996 ........ ...., B. First reading Ord. 96-0-05/Transmittal hearing Comprehensive Plan Amendment/Hibiscus and Guava Drive areas Mayor Hayman read Ord. 96-0-05 and opened the public hearing. City Attorney storey informed Council of this being an unusual situation. Normally on first readings of ordinances you do not have a public hearing. Land use comprehensive plan amendments are different and pursuant to the statutory requirements, one public hearing is required at the transmittal stage and when it comes back on second reading, it requires a second public hearing. Community Development Director Mark Karet made a staff presentation. He called Council's attention to two maps, Exhibit A which identifies the subject property and Exhibit B which is the actual map amendment. Mr. Karet explained to Council what is coming forward tonight is strictly the general land use plan amendment. This is a multi- step process. If Council approves transmittal of this document, it will go to DCA who will review the document for approximately 90 days at which time they will issue an ORC report, which is their objections, recommendations and comments. Mr. Karet stated the three employee cap will still be in effect after tonight. Ray Shambora, 1915 Juniper Drive, commented on property from approximately 17th street to 20th street which abuts an R-1 residential area, which is not compatible when it is adjacent to an industrial zone. Mr. Shambora expressed concern with his property value dropping if the property being discussed is changed to industrial. He feels the businesses have legitimate gripes. He doesn't feel the answer is to change this property to industrial. Industrial allows businesses to operate for twenty four hours, seven days a week which will create problems. He feels the codes should be changed instead of the zoning and businesses that don't comply should be grandfathered in. Elwood Sides, property owner, Hibiscus Drive, spoke about expanding his building. He wants to make sure he will still be able to buy and sell cars. Councilman Mitchum questioned if it is already there, it would not be subject to change. Mr. Sides stated he doesn't have the permit yet because the plans haven't been finished yet. Mr. Karet stated they haven't had a preapplication conference with Mr. Geil at this time so in terms of responding to the specifics of the proposal, he could not do that. Anything that is in ahead of time, obviously is in the pipeline even with application. When the new administrative code was approved, applications that were submitted even if they weren't on the ground were treated as if they were. Judith Lichter, 826 Navigators Way, LDRA member, questioned if they will be changing the zoning to light industry. Mr. Karet explained the Comp Plan Amendment change is very general. It references just industrial. Any number of industrial categories may be consistent with the industrial classification. This will not change the zoning or what is permitted until the Council takes action to rezone the property. Page -4- Council Regular Meeting July 1, 1996 ""'-" .."., Councilman Mitchum questioned the change in zoning prohibiting Council from having rules. He agreed with Mr. Shambora's concerns. Mr. Karet explained there is nothing in the action Council will be taking tonight that would effect that. Council will still have complete control. Councilman Mitchum asked if the property were changed to industrial, will the Council still be able to propose limitations. city Attorney storey explained they would be able to classify the type of industrial. Ms. Lichter expressed concern with not being able to limit certain areas that abut residential property. John Moore, 2354 Fern Palm Drive, expressed support for the Comp Plan Amendment. It isn't going to change what is going on on Guava and Hibiscus. It is going to justify what has been wrong for years. He feels they should give this a chance. He informed Council that the Edgewater Business Association is planning to work with them on the buffers, limitations of hours, what type of industry will be allowed and how that would be regulated. He feels they need to get it to the state and hear what they have to say. John Whittenton, 1843 India Palm Drive, feels they don't need to change the zoning. He feels they should leave it alone. Ray Shambora, 1915 Juniper Drive, feels they should leave the zoning as neighborhood business and grandfather those in that comply with that zoning and tell the other ones to leave. He feels the businesses should be made to comply with the existing zoning. Jerry McDaniel, 1922 Hibiscus Drive, CM&G Welding, feels everyone needs to get along better. They won't get anywhere butting heads. Mayor Hayman commented on the cooperation from the Edgewater Business Association. Ray Shambora, 1915 Juniper Drive, stated when that area was zoned neighborhood business there was a stipulation put into the codes in the early ~70's that there be a 6 foot solid type wall on the back property line adjacent to the area behind it. This wall created somewhat of a buffer zone. That would probably address some of his concerns. Mayor Hayman suggested Mr. Shambora get with Mr. Karet later and to participate in the deliberations with the business men and women of the community. Mayor Hayman closed the public hearing. Councilman Mitchum made a motion to approve Ord. 96-0-05 asking for the transmittal of Ord. 96-0-05 to DCA, second by Councilman Hatfield. Councilman Hatfield feels what will probably come out of this is a whole new zoning. Councilwoman Martin would like to leave the property as light industrial so it still works with the residential zoning. The motion CARRIED 4-0. CONSENT AGENDA There were no items to be discussed on the consent agenda. Page -5- Council Regular Meeting July 1, 1996 ....... ....." OTHER BUSINESS A. Request for off site sign for Aqua Park Aquatic Center and Settle Wilder Funeral Home at corner of Edgewater Drive and u.S. ~ City Manager McMahon asked that this be deferred until the sign ordinance is brought before Council which will be soon. Mayor Hayman commented on the LDRA having the sign ordinance ready for consideration. Councilwoman Martin made a motion to table, second by Councilman Hatfield. Council questioned if the affected businesses were aware that staff was going to ask to table this until the sign ordinance is in place. John Stearns, Aqua Park Aquatic Center, was informed this may be tabled. He commented on issues he is not sure on. Mr. Karet elaborated on the existing franchise for off site signs. He informed Council the draft will be going back to the LDRA and after that it will be brought to Council. Mr. Karet commented on discussions with another franchise organization that has a proposal to come forward that would replace the street signs in the City with more modern illuminated signage and placed on top of that an off site sign. Councilman Mitchum questioned the time frame before it comes back to Council. Mr. Karet stated the sign ordinance would be going back to the LDRA at their next meeting. Mayor Hayman commented on these locations being hard to find and their not being able to advertise. Councilman Hatfield feels they really don't need to advertise, they need to direct. Tim Troian, Aqua Park and Settle Wilder, commented on having to purchase the property to place the sign on and that being a capital investment. We need Settle Wilder on board in order for the property to be maintained. Councilman Hatfield questioned the property being purchased to place the sign. Mr. Karet stated he is not certain as to whether that property has been subdivided in such a way for that to be a legal conveyance. Mayor Hayman suggested staff look into taking what they want to do that is included in the ordinance and take the LDRA's suggestions and work something out so this request can be taken care of before the sign ordinance is approved. Councilman Hatfield feels if they own the property where the sign is going to be placed, the complexity of their sign might be changed to not being an off site sign. Mr. Karet explained an off site sign is advertising that is not on that piece of property. Councilman Mitchum commented on the investment made in the City by Aqua Park and Settle Wilder. Mr. Stearns commented on participating in the recreation program and swimming lessons. They are also going to start focusing on the elderly and the physically disabled. It is a broader program that they want people from u.S. #1 to see. Page -6- Council Regular Meeting July 1, 1996 ...... ...." Donald Masso, LDRA Chairman, commented on having a productive meeting at their last meeting. They want to take the draft and put it out to the public to get their input. They are anticipating this at the next meeting so they can come back to Council with a recommendation for or against a very simple sign ordinance. The motion CARRIED 4-0. B. Designation of voting delegate at Florida League of cities Annual Convention at Boca Raton August 8-10, 1996 Councilman Mitchum made a motion to designate Councilwoman Martin as the voting delegate, second by Councilman Hatfield. The motion CARRIED 4-0. The Council recessed at 8:35 p.m. and reconvened at 8:40 p.m. C. Discussion of proposed Fiscal Year 1996/97 Volusia Water Alliance budget city Manager McMahon distributed a letter to Council he sent to all of the members participating in the Water Alliance. He informed Council of the members who serve on the Executive Committee. City Manager McMahon expressed his concerns with the budget of the Volusia Water Alliance. He asked Council to adopt a similar position or whatever they chose and asking Mayor Hayman to vote accordingly on the final budget. City Manager McMahon presented his complaints of the budget due to the first year's budget being extremely critical for setting the base line for future budgets. Councilwoman Martin asked city Manager McMahon on the revenues, what consists of local funds. He informed her it is the contributions. Mayor Hayman explained the process used being based on water and not population. Mayor Hayman commented on wanting to go back to the table as an associate member and the Water Co-op refused to consider the City as an associate member. They had an option to consider the city as an associate member and Mr. Kelly of Ormond Beach made the motion not to do so. Due to not moving along quickly, they continued to fail to address our status. Mayor Hayman stated at the last Council of Mayors' meeting, he objected to the 1/10 mill increase. He commented on the $5.9 million that was collected from the citizens of Volusia County and questioning what has been done with that money before asking for a 1/10 mill increase. / Mayor Hayman stated if you look at the members of the Executive Committee and they vote for the budget tomorrow, they have a majority vote sitting on the Committee. City Manager McMahon feels the Executive Committee will pass the budget without much discussion. If that happens, he is going to come back to Council with a recommendation to get out of it. Councilman Mitchum stated if this is just another layer of bureaucracy, he feels this budget is a total waste. He feels it should come under the umbrella of VCOG. Another level of bureaucracy has been created and he does not support that. Page -7- Council Regular Meeting July I, 1996 .'w ""., Councilman Hatfield questioned if the city will still be taxed if we do not support the Alliance. City Manager McMahon informed no. Mayor Hayman stated if the SJRWMD does accept the 1/10 mill increase, anyone who is not a member of the alliance would pay because it is an ad valorem across the board tax in Volusia County and what would occur is you would have taxation with limited representation. Councilman Hatfield expressed concern with someone representing us that we did not elect. He has a real problem with that. Mayor Hayman hoped to have a financial report from Nancy Chrisman who is the liaison person to Volusia County from the SJRWMD, regarding what happens to the $5.9 million collected from Volusia County and what percent goes to what projects but he had not received it yet. He feels what city Manager McMahon wants to do is consistent with the agreement and workshop outcome that the Council worked so hard for in the Alliance. He suggested they participate in the meeting on July 17th. He informed Council he would do everything possible to voice the concerns expressed and invited them to attend with him. Mayor Hayman feels they would be remiss if they didn't withdraw from the Water Alliance. It is inconsistent with what Council agreed to do and the management philosophy that was worked out. City Manager McMahon presented his feelings regarding the salary of Don Feaster. Mayor Hayman commented on the six recommendations included in the memo from City Manager McMahon for Council's consideration. Councilman Hatfield made a motion to accept the six recommendations which represent Council's position which are to be presented at the July 17th meeting, second by Councilman Mitchum. The motion CARRIED 4-0. Mayor Hayman commented on a fax he received from the Water Alliance addressed to members of the Alliance Representatives, subject being Volusia Water Alliance provision. The City Managers suggested a change regarding how the water supply plan would be used in the consumptive use permitting process. Addition to Agenda COPS More Grant City Manager McMahon commented on needing approval for this grant. He recommended approval. Chief Schumaker informed council of being granted $80,685 to computerize the patrol vehicles from the u.S. Department of Justice. The City'S cost being $26,895. It is an outright grant to buy this equipment and the City picks up the personnel cost. Councilman Hatfield made a motion to approve, second by Councilwoman Martin. The motion CARRIED 4-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mayor Hayman commented on correspondence he received from Larry Arrington to Lynne Plaskett. He informed Council he learned yesterday the County purchased the land Friday for a wastewater treatment plant. City Manager McMahon questioned why they were going to meet then. Page -8- Council Regular Meeting July 1, 1996 '-' ...,,' Mayor Hayman would like to get that confirmed. The Attorney was Glenn Storch representing the County. City Manager McMahon questioned if the County Commissioners know that. Mr. Karet agreed to look into this tomorrow. Councilman Mitchum feels if they have purchased the property it is obvious what their intentions are. City Manager McMahon asked for permission to use his judgement and discretion on whether or not he keeps the appointment and what he says to them if he doesn't. Councilman Mitchum would like him to attend the meeting. City Attorney Storey and Mr. Karet agreed to look into this. Mayor Hayman commented on a letter he received from the Metropolitan Planning Organization regarding the extension of SR 415 in Volusia County to the northern portion of the greenway in Seminole County and the extension of May town Road in Oak Hill to SR 415. OFFICER REPORTS City Attorney Storey had nothing at this time. City Manager McMahon commented on OPM putting up the communications tower. He presented alternatives to the tower. He will have more answers by the time this is reviewed by the LDRA. He asked for Council's consensus to put a hold on their actions as far as signing any lease agreements until they have more answers and can discuss this a little bit further. Councilman Mitchum made a motion to suspend their actions, second by Councilman Hatfield. The motion CARRIED 4-0. Administrative Assistant Kruckmeyer had nothing at this time. ADJOURNMENT There being no further business to discuss, Councilman Hatfield moved to adjourn. The meeting adjourned at 9:20 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting July 1, 1996