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01-08-1996 - Regular ~' ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 8, 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 Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Rev. Dr. Bill Sharp, Christian Life Center. There was a pledge of allegiance to the Flag. Mayor Hayman asked that there be a break at 9:00 p.m. so the cleaning crew could take preventative measures to avoid the toilets freezing. Mayor Hayman commented on the wonderful job done by City Manager McMahon and staff on the renovations to the community Center. He informed the public the agendas are now located in the back corner of the room on the left hand side when you walk in the door. The refreshment machines have been placed in a refreshment area. PRESENTATION OF PLAQUE FROM GOVERNMENT FINANCE OFFICERS ASSOCIATION FOR EXCELLENCE IN FINANCIAL REPORTING Finance Director Fred Munoz read a prepared statement of recognition regarding the excellent work done by Assistant Finance Director Karen Rickelman. Mayor Hayman presented Ms. Rickelman with a certificate. Mayor Hayman presented Mr. Munoz with a plaque. APPROVAL OF MINUTES A. Regular Meeting of December 4. 1995 Councilman Hatfield'made a motion to approve the December 4, 1995 minutes, second by Councilman Mitchum. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilwoman Martin Councilwoman Martin had nothing at this time. '-" ...., Councilman Hays Councilman Chambers. parties. Parks and Hays thanked staff for the nice job on the He questioned if it was ready to be booked City Manager McMahon stated that is handled Recreation Department. Council for through the Councilman Hays suggested a notice be put in the newsletter letting people in the community know it is available to be rented. Councilman Mitchum Councilman Mitchum also thanked staff for the wonderful job on the Community Center. Councilman Hatfield Councilman Hatfield made a motion to send out letters of commendation to the staff responsible for the Community Center renovations, second by Councilman Hays. There was a consensus of the Council so a roll call was not necessary. Mayor Hayman Mayor Hayman had nothing at this time. City Manager McMahon City Manager McMahon had nothing at this time. City Attorney storey city Attorney storey had nothing at this time. City Clerk Wadsworth City Clerk Wadsworth had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Second public hearing Coronado Paint Development Agreement Mayor Hayman presented the background regarding the Coronado Paint Development Agreement. It is staff's recommendation to consider approval of the Coronado Paint Company Development Agreement. Community Development Director Mark Karet made a short presentation regarding the contents of the development agreement. Mayor Hayman opened the public hearing. Peter Heebner, 523 N. Halifax, Daytona Beach, Attorney for Coronado Paint, informed Council that he, Dave Dill and Joe Martin are prepared to answer any questions Council may have. There were no further questions or comments of staff or the public. Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to approve the Coronado Paint Development Agreement, second by Councilman Hays. The motion CARRIED 5-0. Page -2- Council Regular Meeting January 8, 1996 ..... ...." B. Public hearing Res. 95-R-27 Coronado Paint request to abandon Snider Street (continued from 12/18/95) Mayor HaYman presented the background of Res. 95-R-27. He commented on the memorandum from Mr. Fegley to Mr. Karet. Mayor HaYman read Res. 95-R-27. Mayor HaYman opened the public hearing. Mr. Karet made a staff presentation regarding the cost estimate of paving and the traffic counts. Councilman Hays asked if the traffic count was done while school was in session. Mr. Karet stated the traffic count was done on the first day school was in session. Mr. Heebner informed Council that Coronado Paint would be willing to pay the $9,932.50 to pave W. Palm Way. He expressed concern regarding the drainage problems being fixed before the paving is done. Councilman Mitchum stated he appreciates Coronado Paint's willingness to work with the City. Mayor Hayman also expressed his appreciation. There were no citizens interested in commenting. Councilman Hays commented on the stormwater management versus paving issue. Mayor HaYman closed the public hearing. Councilman Mitchum made a motion to approve Res. 95-R-27, second by Councilman Hays. City Attorney Storey assumed the motion was made with the condition of the contribution by Coronado. She was informed that is correct. The motion CARRIED 5-0. Mr. Heebner thanked the Mayor and Council. c. Public hearing Ord. 95-0-20 Comprehensive Plan Amendment - Westfall (continued from 12/18/95) Mayor HaYman presented the background for Ord. 95-0-20 and Ord. 95-0-21. The staff's recommendation is to consider adoption of Ord. 95-0-20 and 95-0-21. city Attorney Storey suggested opening the public hearing on Ord. 95-0-20 and ask Mr. Karet to make comments regarding the development agreement and then go into each item individually. Mayor HaYman opened the public hearing. Mr. Karet stated his presentation made at the previous public hearing in regards to the comprehensive plan carries over and is still in effect. Mr. Karet spoke in regard to the comprehensive plan, rezoning and the development agreement. Joe Martin, East Volusia Engineering, 435B1 Air Park Road, explained Mr. Westfall accepts the terms of the development agreement. Page -3- Council Regular Meeting January 8, 1996 ~ ~ Mayor Hayman stated the conditions discussed by Mr. Martin are found on page 1 of the Westfall Development Agreement. Mr. Martin had no further comments. Doris Hill, 112 Lincoln Road, feels staff is blowing another big hole in the Comprehensive Plan. She feels this will cause a problem with no controls. Mr. Karet elaborated on Ms. Hill's concerns. He stated the list of permitted uses the applicant can do are extremely restricted. Mayor HaYman informed Ms. Hill of the petition presented by the applicant at a previous meeting signed by a majority of those in the affected area affected on Ocean Avenue in favor of Mr. Westfall's request. Councilman Hatfield stated Mr. Westfall had informed Council not everyone in the neighborhood agreed to his request. There were four or five people who did not agree. Councilwoman Martin feels this request will create a domino effect. She expressed concern with the whole area being made industrial if they allow this change. Councilman Hatfield feels they have opened up the gate to rezone the property on two sides of him. By doing what they did for Coronado Paint, they have created an enclave. Equal rights have to be given to every citizen. Only because there will be a development agreement, would he consent to approving this. Councilman Hays feels development agreements are important to us as a mechanism to set buffers and boundaries between these things. He commented on the growth of the City. Councilman Mitchum feels Mr. Westfall had a legitimate claim and he feels this is a good agreement. Mayor HaYman explained the major concern has been addressed through the mechanism of a development agreement. Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve Ord. 95-0-20, second by Councilman Hays. The motion CARRIED 4-1. Councilwoman Martin voted NO. D. Public hearing Ord. 95-0-21 Zoning classification change - Westfall (continued from 12/18/95) Mayor HaYman presented the background for Ord. 95-0-21. Mayor Hayman opened the public hearing. Mr. Karet had no additional comments. Mr. Martin had no additional comments. There were no comments from the public. Mayor Hayman closed the public hearing. Councilman Mitchum made a motion to approve Ord. 95-0-21, second by Councilman Hays. The motion CARRIED 4-1. Councilwoman Martin vote NO. Page -4- Council Regular Meeting January 8, 1996 .""-" .." E. Public hearing Westfall Development Agreement Mayor Hayman opened the public hearing. There were no questions or comments at this time from staff or Council. Dominick Fazzone, 302 Paradise Lane, commented on the development agreement and the LDRA's role in the agreement. Mayor Hayman closed the public hearing. City Attorney storey explained this is the first public hearing and official action will not be taken until after the second public hearing. If the Council decides to move forward, the next public hearing would be scheduled for the February 5th meeting. It was the consensus of Council to move forward with this. F. Public hearing Ord. 95-0-24 Peddlers, Solicitors, Canvassers Mayor Hayman presented the background for Ord. 95-0-24. Mayor Hayman read Ord. 95-0-24. Mayor Hayman opened the public hearing. Councilman Hays thanked City Attorney Storey for her work on the ordinance. He feels it will be a wonderful tool and a mechanism to stop potential endangerment of some of the children that have been dropped off in the City in the past. There were no other comments from Council. Paul Jenkins, 2029 willow Oak Drive, expressed concern with this ordinance the way it is written is going to restrict the local neighborhood children from going out on school fund raising projects. Councilman Hays explained a large part of his concern was the groups of children being dropped off in the city from neighboring cities. He commented on having a problem with children soliciting in the City unsupervised. Mr. Jenkins doesn't want the local children to be restricted from going door-to-door for school fund raising projects. He commented on being over protective of the children. He would like to see the out-of-town situation restricted or a situation where a number of kids are being brought in by one person. Councilman Hays doesn't feel they would be able to do that in that manner. Mr. Jenkins feels a good solution may be a buddy system. He feels if they live in total fear, then we won't have any lives at all for our kids. Councilman Hays stated he understands there will be some restrictions but at the same time with that will come a little bit of responsibility for adult supervision. He commented on the times not being the same as when he was a child. Mr. Jenkins commented on there possibly being a religious problem with this. He commented on a Supreme Court case and it said that they couldn't even require licensing fees or registration on Jehovah's witness. There may be a legal aspect from that side. Page -5- Council Regular Meeting January 8, 1996 "'" ."""" Councilwoman Martin concurred with Councilman Hays. She spoke about child abduction. We are trying to protect our children. Mr. Jenkins feels there are other ways this matter could be dealt with without totally restricting it to where these kids can't go out. Mr. Jenkins again commented on the buddy system. Mayor Hayman stated the consensus of the Council is if they are going to err, they are going to err on the side of security and protection for the children in our city. Mayor Hayman likes the idea of the girl scouts selling cookies being under adult supervision and within visual contact. Andy Anderson, 1730 pine Tree Drive, feels this is a good ordinance. He doesn't feel the young people should be in the streets after dark. Mr. Anderson commented on the excellent work the City Manager and Public Works Director have done with getting a house taken down by his house. Mayor Hayman asked Mr. Anderson to make his comments during citizen comments. Doris Hill, 112 Lincoln Road, feels the City has got this backwards. She doesn't think it is the children, peddlers, solicitors or canvassers that need protection but the property owners. Ms. Hill questioned if some of the solicitors will be restricted or who is going to say who can come knocking on her door. Councilman Hays believes the way this is structured that both matters of concern will happen simultaneously. He presented the definition of a peddler, solicitor or canvasser. Ms. Hill questioned the girl scouts selling cookies obtaining a solicitor permit. Councilman Hays informed her he has spoken to the girl scouts and other organizations that canvass routinely during the year and they have no problem with obtaining permits. Mayor Hayman spoke about the protection of residents being considered in the ordinance as well. He informed Ms. Hill anyone who goes door to door or does phone solicitation has to obtain a permit from the City Clerk's office. If they don't have that, they are illegal. Dominick Fazzone, 302 Paradise Lane, feels this is an excellent ordinance. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Ord. 95-0-24, second by Councilman Hatfield. Councilman Hatfield stated they are trying to do the best they can not only to protect the children but the consumers as well. He encouraged everyone to ask to see their permit. Mayor Hayman encouraged the residents to put no soliciting signs on their houses. Page -6- Council Regular Meeting January 8, 1996 ,-,. ..., city Clerk Wadsworth stated this afternoon she got a call from the Southeast Volusia County Scout Leader asking her to please send a copy of the solicitor application because she was going to sign up all the girl scouts. Councilman Hays stated when they show up at the door, if you don't see an 10 that is visible, don't open the door. The motion CARRIED 5-0. G. Res. 96-R-01 Confirming transfer of Christmas House to William and Vicky Taylor Mayor HaYman read Res. 96-R-01. Councilman Mitchum made a motion to approve Res. 96-R-01, second by Councilman Hays. Councilman Hays feels they are a real asset to our community. Councilman Hatfield commented on the conversation he had with them the day of the drawing. The motion CARRIED 5-0. There was a five-minute recess at this time. CONSENT AGENDA A. satisfaction of lot clearing lien Councilman Mitchum made a motion to approve the Consent Agenda, second by Councilwoman Martin. The motion CARRIED 5-0. OTHER BUSINESS A. Ken Fischer, General Manager of Votran. re: Southeast Volusia County transit services Ken Fischer, General Manager of Votran, made a presentation regarding the bus service that will be made available in Edgewater on January 16th. Mr. Fischer explained the route schedule. He commented on the services that will be provided. Mr. Fischer commented on brochures he gave to Council. Mayor HaYman asked Mr. Fischer if he recalled the figures for subsidies for the bus and what the rate would be. Mr. Fischer commented on the reduced fair and monthly passes that are available. Mayor HaYman commented on a factual report on the amount of money that has to be put in to subsidize the whole public transportation program. Mr. Fisher stated they get approximately 25% of their funds through the fare box, the remaining funding is broken down between federal funding, under the Federal Transit Administration, which is about 10%, and state operating assistance which is about 15%, and the remaining is funded through the County's ad valorem tax. Mayor HaYman commented on it not being financially feasible for Votran to have come to this part of the County any sooner. He thanked Mr. Fischer for all the time he put into this. Mr. Fischer commented on the citizens being involved in selecting the routes. Page -7- Council Regular Meeting January 8, 1996 ..... "'" Councilman Hatfield stated Brevard County has buses that are sent to the Cape and people pay to ride these buses. He questioned if it would be feasible to have something like that because there are a lot of people in Edgewater that work at the Cape. Mr. Fischer explained to Councilman Hatfield they have looked at this and one of the challenges is usually when you deal with ride share it is within the same County. Votran hasn't become very active going outside the County. If that is a mobility need within this community, it could be looked at. If the City is interested, they could write him a letter and he would be happy to look into it. B. Expenditure of $20,000 for 1996 micro-pavin9 pro9ram Mayor Hayman presented a brief background on this matter. Councilman Hays moved for approval, second by Councilman Mitchum. The motion CARRIED 5-0. C. Appoint member to Library Board due to expiration of term of Mary Rice, who requests reappointment Councilman Hatfield made a motion to reappoint Mary Rice, second by Councilman Hays. The motion CARRIED 5-0. D. Appoint member to citizen Code Enforcement Board due to resi9nation of Debbie Planson Councilman Hays questioned if this appointment is to carry until May of 1996 and then it would come up for reappointment. He was informed that is correct. Councilman Hatfield made a motion to appoint Dennis Vincenzi, second by Councilman Hays. The motion CARRIED 5-0. E. Appoint member to Beautification and Tree Committee due to resi9nation of Danita Jurczak Councilman Hays asked to table that until there are applicants. Councilman Hatfield asked if it is possible to solicit for more applicants. city Clerk Wadsworth informed him she does in the newsletter periodically. Councilman Hatfield suggested running an ad in the newspaper. City Clerk Wadsworth informed him it is very expensive. There is nothing pressing with this board at this particular time. Mayor Hayman stated he and City Manager McMahon have spoken to the Committee to encourage them to look into ideas and suggestions for some of the greenway beautification brought about from the RIP. He was invited to go to a meeting tomorrow night to discuss this in a little more detail. Councilman Hays made a motion to table until there are some applicants for consideration, second by Councilman Mitchum. F. Cancel or reschedule re9ular meetin9 of Monday, February 19/ 1996, due to Presidents Day holiday Councilman Mitchum made a motion to cancel the February 19, 1996 meeting with the capability of scheduling a meeting if something comes up, second by Councilman Hatfield. The motion CARRIED 5-0. Page -8- Council Regular Meeting January 8, 1996 "-' ...., G. Albert and Doreen ~vin - request to reconsider amount assessed for wastewater Mayor Hayman listed the items included in the packet. Albert Devin asked that the amount be reconsidered that they are being charged for taxes on wastewater on the property. He further explained his situation. Mr. Munoz made a staff presentation. He concluded his presentation by stating any benefit or lack of benefit that may be present now is purely the result of the applicant's actions, not of the City's actions. Mr. Devin explained there can never be a house placed on the Victory side and wastewater service can never be used. It is a single family dwelling with two people living in it. It is a service he will never receive from the town on that side. Mr. Munoz continued his presentation. He commented on the amount of residents that have four or more lots. Mayor Hayman made a final presentation explaining this request. Councilman Hays commented on what was looked at initially in doing this assessment. There is no way, at this time, the Council can make any changes or exemptions without changing the entire assessment program. There is no legal or financial way to do that. Councilman Mitchum commented on these lots being assessed in 1991 so in all fairness they bought the lots knowing the assessment was on them which they agreed to pay. They chose to put the house in the middle. It is not the City's responsibility to second guess that. Mayor Hayman feels their property is beautiful and it is a credit to our community. He commented on them recovering some money when the widening of Indian River Blvd. is done. He expressed concern with giving the applicant relief due to there being a legal and binding bond issue and commitment that is based upon a mechanism that derives the revenue to support the whole CIP on a forty foot basis. Councilman Mitchum made a motion to deny this request, second by Councilwoman Martin. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Andy Anderson, 1730 pine Tree Drive, again commented on the house that was taken down by his house. Mr. Anderson commented on the updating of the 18th street canal. He congratulated City Manager McMahon and Mr. Williams. City Manager McMahon recognized Mr. Karet because he was responsible for taking the initiative to get that project underway. Mayor Hayman further commented on the legal aspect of having the house tore down. Mr. Anderson commented on how nice the Community Center looks. Dominick Fazzone, 302 Paradise Lane, commented on how nice the Community Center looks. He commended staff for a job well done. Page -9- Council Regular Meeting January 8, 1996 ~ ~ Mr. Fazzone commented on a tour of Florida Shores he took with Mr. Williams. He feels when the ClP is done, Florida Shores will be a community to be proud of. Paul Jenkins, 2029 willow Oak Drive, commented on children being pimped. He asked if there is a way on the registration form to verify these kids' parents and where they come from. He was informed there is. Mr. Jenkins reminded Councilman Hays that he should look into paving 22nd Street and 16th Street before the time runs out to get the permits. OFFICER REPORTS City Attorney City Attorney storey informed Council we have formal service regarding the matter of Keenan, Naill, Mannone, and Nattress versus the City of Edgewater. City Attorney Storey stated the City has twenty days to respond to the complaint. She informed Council her memo indicated a recommendation for outside counsel on this, the firm of Neighbors, Giblin and Nickerson which specializes in the area of special assessments. She recommended the Council retain this firm. Mayor Hayman asked City Attorney Storey to look into three other law firms. He has no problem with the recommended firm but if he is going to spend thousands of dollars on legal representation, he wants to do it with the best and with a local firm from the Central Florida region. city Attorney Storey explained the reason for her recommendation. Based on her experience, she feels Neighbors, Giblin and Nickerson would be the firm to utilize. Councilman Mitchum made a motion to go along with city Attorney Storey's recommendation, second by Councilwoman Martin. Councilman Hays feels the City should go with someone who has demonstrated their expertise in this area. He has discussed with City Attorney Storey that the city of Edgewater will prevail in this and part of the pleading at the end of that is for us to receive compensation for the taxpayers expense in this. He feels it is their duty as an elected body to protect their moneys from frivolous harassment suits. He believes when we prevail in this, it will be our duty to go back to the judge asking the judge to reimburse the citizens of their expense even if it takes placing liens on the personal properties of those that filed the suit. Councilman Mitchum asked to amend his motion to include Councilman Hays' suggestion, Councilwoman Martin seconded the amendment. City Attorney Storey explained since the suit has been filed it is appropriate for the Council to have an executive session in reference to strategy. She informed Council she would contact them in reference to that. City Attorney Storey asked for Council's consideration regarding two of the main defendants in the case being Kirk Jones and Tanya Wessler and she requested representation be provided to them as well. Page -10- Council Regular Meeting January 8, 1996 '-' ...., Councilman Mitchum again amended his motion to include the matters discussed by City Attorney storey. Councilwoman Martin seconded the amendment. The motion CARRIED 4-1. Mayor Hayman voted NO. City Manager city Manager McMahon encouraged Council to look at the credentials of the people involved in the firm of Neighbors, Giblin, and Nickerson. Mayor Hayman Mayor Hayman informed Council of a parliamentary procedures class at DBCC on January 22, 1996 from 6 p.m. to 9 p.m. ADJOURNMENT There being no further business to discuss, Councilman Hatfield moved to adjourn, second by Councilman Hays. The meeting adjourned at 9:37 p.m. Minutes submitted by: Lisa Kruckmeyer Page -11- Council Regular Meeting January 8, 1996