Loading...
12-21-1992 - Regular . ~ ..., CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 21, 1992 MINUTES CALL TO ORDER Mayor Jack Hayman called the meeting to order at 7:05 p.m. in the community Center. ROLL CALL Mayor Jack Hayman Councilman Kirk Jones 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 Father Leibler, st. Peter the Fisherman Episcopal, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of December 7. 1992 Councilwoman Martin made a motion to approve the minutes of the December 7, 1992 meeting, seconded by Councilman Hays. The motion CARRIED 5-0. CITIZEN COMHENTS Dave Maloney, 3110 vista Palm Drive, spoke against the proposed Massey annexation. Jacqueline Dowel, 1612 Queen Palm Drive, also spoke against the proposed Massey annexation. Mayor Hayman stated they would be discussing the proposed Massey annexation in much more detail later on the agenda at which time they will make a decision. CONSENT AGENDA Mayor Hayman read the consent agenda. A. Transfer balance from "Reserve from Street Liqht Improvements and Maintenance" to "Fund Balance" Finance Director Fred Munoz gave presentation on the street light improvement funds. He recommended transferring the funds. Councilwoman Martin made a motion to accept the consent agenda, seconded by Councilman Jones. The motion CARRIED 5-0. NEW BUSINESS A. Librarv Board's reauest to amend Resolution 92-R-09 reqardinq attendance requirements for members Councilman Hays presented questions at this time. --- .... City Attorney storey stated the Library Board is the only board that meets on a quarterly basis. She stated one of the options would be to amend Resolution 92-R-09 so that 25% requirement would not apply to a board which only has a required quarterly meeting. She stated it would be appropriate to bring back two resolutions to Council to solve the problem. City Attorney Storey stated she would bring a resolution back to the next meeting. B. Confirm appointment of two employee-elected members and appoint one resident to Board of Trustees of Police Retirement Plan due to expiration of terms Councilman Jones made a motion to reappoint Ruth Garvey, seconded by Councilwoman Martin. The motion CARRIED 5-0. Councilman Mitchum made a motion to reconfirm the employee representatives, Larry Westfall and Gary Conroy, seconded by Councilman Hays. The motion CARRIED 5-0. C. DOT Hiqhway Maintenance Aqreement for riqhts of way for u.S. 1 and S.R. 442 within city limits City Manager McMahon stated we are not recovering our cost. He stated each option has been carefully weighed and they have looked at the expenses in the last year. He gave the status on what the City is doing to maintain the right of ways. Parks and Recreation Director Jack Corder stated after the meeting Thursday, they were less reassured that if there was a natural disaster we would be held responsible for the road bases. There was further discussion on what would be provided. City Attorney Storey stated there are some very minor changes the DOT will be making. Councilman Jones stated he needed more time to look at this. Councilman Jones moved to table this item until a later date, seconded by Councilman Hays. The motion CARRIED 5-0. D. Discussion of Draft Annexation Aqreement between city and Massey Enterprises and Massey Development Corporation Mayor HaYman stated what is before them tonight is a staff position outlining the draft annexation agreement between the City of Edgewater and Massey Enterprises and Massey Development corporation. Community Development Director Mark Karet stated the staff is not there as an advocate of Mr. Massey. They are here to support a recommendation that was made to Council. He stated the LDRA did hear this at their December 10th meeting. They voted 5-2 in favor of recommending this agreement to Council. Mr. Karet gave some background leading up to this point. Mr. Karet stated Mr. Massey requested connection to the City water system. He stated Mr. Massey indicated he would be unable to connect to the sewer system for financial reasons. He explained staff entered into negotiations, and Mr. Massey continued to ask that the City not require him to connect to the sewer system at the time of annexation. He stated all of the improvements are in place. It is waiting for final recording of the plat. He stated staff indicated they would be willing to recommend that Council waive the sewer system requirement, if Mr. Massey was willing to annex additional lands. Page -2- Council Regular Meeting December 21, 1992 ., ...., City Manager McMahon stated the City, while considering this, is not saying they will never require sewage in that area. Mr. Karet outlined the agreement explaining each section. Mr. Karet stated staff has recommended in favor of the agreement. One reason for recommending this is by annexing the property it will add it to the tax base. Councilman Hays asked what the difference would be in the increase if the hook up to the sewer system is not required. Mr. Karet stated the amount of taxes the city should expect to receive is $23,000 per year in revenue to the city. He stated another reason for recommending this is our utility system needs customers. Growth has not taken place as the City wished. He stated the third reason is that this subdivision is located neatly adjacent to the City. Not annexing it in will block the city's expansion to the west. The final reason is this subdivision is going to go forward on septic tanks if the city takes no action. Councilman Jones stated he went with Mark to the county to make their objections. This was not a fault of Mr. Massey. He stated he is upset with the County because they didn't consult Edgewater. He stated regardless of what they do tonight, it won't make a difference. He stated if they annex, the City has the right to have them o.k. sewers in the future. Mayor HaYman stated he hears the people objecting to the fact that we will end up, ultimately, with twenty-two homes on septic tanks and the remainder of the area annexed in would go on the sewer system. He asked if they have spoken to Mr. Massey about the possibility of when he builds on each of the twenty-two lots having those people hook up as we go. Mr. Karet explained that he is going to sell the property to builders and they are going to subsequently sell to people wishing to build. Mayor HaYman asked what is to prevent this City from requiring connection to our sewer system. Mr. Karet explained nothing other than plans would need to be developed for the sewer system. Mr. Karet explained if this is not annexed and those people develop, the County is not going to require sometime in the future that they connect to the system. Councilman Mitchum stated the only problem is there is no infrastructure in place. He stated we are developing and putting sewer right now in an area where the developer wasn't required to do it. He stated they are looking at property that is adjacent to the sewer system. Councilman Hays stated he had a problem with the lack of communication with the County. He feels this is a wonderful opportunity to grow without enclaves. He would like to stay within what they have established as a policy with the City to abandon septic tanks and have City sewer. He suggested working with Mr. Massey and getting what they want. Page -3- Council Regular Meeting December 21, 1992 ..... ..., John Massey, West Park Avenue, Massey Enterprises and Massey Development Corporation stated the issue of the competency plan with the County allows them to build more quality type developments on that land. He stated he spoke to Councilman Hays about getting into this subdivision but on the other lands going to the County and trying to get them to modify the comp plan to reclassify from a rural classification to an urban classification. He stated eight out of the twenty-two lots have already been sold and the plat has been recorded. Mr. Massey explained that he never came to the City and asked to be annexed. He explained that he came to the City to buy water. He stated the City staff requested that he annex. Mr. Massey went on to explain he has no control over the people who own these properties. He stated if you enter into the agreement, there will only be twenty-two septic tanks on about sixty acres. City Manager McMahon asked Mr. Massey if he would be willing to consider going through a similar type process for sewage, if the Council approved this. Mr. Massey stated he understands what the people in Florida Shores are going through. He stated this is a different situation. The septic tanks are going to be there whether the City goes along with the agreement or not. If the city enters into the agreement, the city is going to get impact fees for water, connection fees and monthly revenue. In addition, the City will get ad valorem taxes on twenty two lots and it would bring a more prestigious quality type development in the City. There will be an additional 25 acres that would be comparable in value. There would be 100% connection for water and wastewater. utilities Director Terry Wadsworth stated this property is adjacent to wildwood Subdivision and there are utility easements between the lots that would accommodate it. Councilman Hays asked if they go ahead with the annexation at what percent of build out can we go back and require these people to hook up to the sewer. City Manager McMahon stated the first home. Councilman Mitchum asked if they knowingly take this into the City with the intent on going and getting those people, where do we stand. City Attorney Storey stated they have every right to go forward and consider the idea of setting up the special assessment district. Councilman Hays stated he had no problem with annexations, but once you join the team, then you have to play along with the rules. Mayor Hayman stated he would inform the homeowners that the City does have the right in the future to require sewer hook up. Mr. Massey stated in knowing that might be the intention of the City, he would have to include in the agreement that the city put in some period of time when that would be required. City Manager McMahon stated there is a major difference between the septic tank abandonment in Florida Shores and septic tanks at Wildwood. Mr. Karet explained how the staff approached this concept. Page -4- Council Regular Meeting December 21, 1992 '-' ..., City Manager McMahon stated he is not suggesting they approve this tonight. He suggested they need to look at this and get more information. Mr. Massey stated if the City plans on growing to the west, they are going to have to deal with this some way. He stated there are too many parcels out there that have people living on them that have septic tanks that are not going to go along with sewage hook up. Councilman Mitchum stated he does not want to participate in half way doing something so he thinks they need a lot more information. He would like to pursue the cost factor. Mayor Hayman stated he believes they have reached a point where Council needs to give direction to the staff. He stated he believes there is still more work to be done and they need more information. Mr. Massey stated he has spoken to the owners of the eight homes and they are willing to annex on the basis of this agreement. City Attorney storey stated there is a contract pending and the deeds haven't actually changed hands. Mr. Massey stated those transactions would be closed either this week or next week. Councilman Hays stated they need to chose another day to discuss this matter. He stated they need to hammer this out themselves and this is the only way it is going to work. The Council decided there would be a special workshop on January 11th at 7:00 p.m. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING; A. Res. 92-R-24 Authorizing Amendment of Volusia City-Countv Water Supply Cooperative Aareement to substitute as a Cooperative member the utilities commission, New Smyrna Beach, for the City of New Smyrna Beach Mayor Hayman stated he has a letter from the Volusia city-County Water Supply Cooperative stating they have unanimously approyed a similar resolution. Mayor Hayman read Resolution 92-R-24. Councilman Hays made a motion to approve Resolution 92-R-24, seconded by Councilman Jones. The motion CARRIED 5-0. B. Res. 92-R-30 Authorizina the city Enaineer to sign Street Lightina Aareements on behalf of the city Council City Manager McMahon gaye an explanation at this time. Mayor Hayman read Resolution 92-R-30. Councilman Mitchum made a motion to approve Resolution 92-R-30, seconded by Councilman Jones. The motion CARRIED 5-0. SECOND READING: (PUBLIC HEARING) C. Ord. 92-0-20 Amendina section 706.00 of Zonina Ordinances (Fences, Hedaes, and Walls) Mayor Hayman opened the public hearing. Mayor Hayman read Ordinance 92-0-20. Page -5- Council Regular Meeting December 21, 1992 ~ ~ Mr. Karet explained the changes. Gail Wells, the height. to put a 6' understands 2503 Woodland Drive, stated she is concerned about She stated they live on a corner lot and they want fence along the back of the yard and she is they can only put in a 4' high fence. Mr. Karet explained that corner lots are allowed to erect 6' high fences along the rear and side yard. Cliff Clark, 1818 Evergreen Drive, stated there should be some restrictions on the type of fence or the condition they should be in. Mr. Karet stated there is a definition for the fences within the ordinance. Mr. Karet went on to explain bushes being used as fences. Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to accept Ordinance 92-0-20, seconded by Councilman Hays. The motion CARRIED 5-0. UNFINISHED BUSINESS A. Contract for Park Avenue utility Relocation with Thad Construction Company. Inc. Mayor Hayman explained this is a contract for Park Avenue utility Relocation. On November 19th Council awarded the bid in the amount of $298,179.50 to Thad Construction Company. Mayor Hayman stated that staff recommends Council approve the agreement and authorize the Mayor to execute the document. Councilwoman Martin made a motion to enter into an agreement with Thad Construction, seconded by Councilman Hays. The motion CARRIED 5-0. The meeting was recessed at 8:38 p.m. The meeting reconvened at 8:45 p.m. Mayor Hayman stated they would take from the table Item 5C: 5C DOT Hiqhway Maintenance Aqreement for riqhts of way for U.S.1 and S.R.442 within city limits. Mayor Hayman explained this replaces the present agreement which expires December 31, 1992. Councilman Jones requested some time to go over the agreement before they proceeded any further. Councilman Jones stated he had problems with the past agreement. There was a major problem with DOT. He stated he is comfortable with the new agreement and he feels they should adopt it. Councilman Jones made a motion to adopt the agreement, seconded by Councilwoman Martin. The motion CARRIED 5-0. COUNCIL/OFFICER REPORTS A. city Attornev city Attorney Storey stated she put a copy of a memo that went to the citizens Code Enforcement Board in Council's boxes in regards to the selection on a lien. She stated through the Community Development Director and her office they have established a system whereby when Code Enforcement fines remain outstanding after a period of notification that a lien will be recorded. Council Regular Meeting December 21, 1992 Page -6- ..,. ...", City Attorney storey stated when property changes hands and someone wants a clear title to a piece of property, they have one option and that is to payoff the lien. She stated they were the beneficiary of $1209.00, the payment of a Code Enforcement lien. City Attorney Storey stated they also have some liens that have matured under the statute which is a three month time frame and the statute requires she go to the Code Enforcement Board to get authorization to foreclose. B. citv Manaqer City Manager McMahon reminded the Council of the Special Workshop on January 13th. City Manager McMahon brought up a review of the City policy and a recommendation for action regarding changes. city Manager McMahon stated the sewer has been delayed because of the contractor. He stated residents will not be able to hook up until around January 15th. He stated he got the details this week, but not in time to finalize the resolution for tonight. City Manager McMahon asked Council to approve this tonight, put it on the consent agenda for next time and authorize the City to operate under the policy known as T.U.G. which is a Florida Power and Light service which stands for Temporary Under Ground service. It is the responsibility of the contractor to sign a liability waiver for the installation but allows the City to release that power at our option. Councilwoman Martin made a motion to accept this, seconded by Councilman Hays. Mayor Hayman stated he has seen instances where new homes and commercial sites have been completed. He stated the people want to energize the premises to protect their personal belongings. He asked if this system will accommodate that need and still provide safeguards that our staff or policy demands. City Manager McMahon stated yes, it will, and it will provide an even better safeguard because it is a safer way of making a temporary connection. Chief Vola stated it uses the same basic connection and the same type of meter and safeguards as Florida Power and Light uses. The only difference is the meter is issued in the name of the contractor. There was discussion about the consequences of people occupying houses when they shouldn't. Councilman Mitchum stated it is not the intent of the Council to meet the contractor's agreement or the development. It is not the City's obligation or duty to make sure those obligations are met. The motion CARRIED 5-0. City Manager McMahon stated Council previously authorized the expenditure of $500.00 to have the Indian River tested. The problem is the County Health Department will insist on their test being the judgment factor as to whether or not they say it is healthy. He stated he asked Mr. Corder to defer the expenditure of the $500 until the Council had a chance to consider this a little bit further. Page -7- Council Regular Meeting December 21, 1992 .... ~ Councilman Hays explained the reasons he had problems with a newspaper article over the weekend. He stated people already swim at Menard May Park and if the water is contaminated why doesn't the Health Department do something about it. He stated Mr. Faircloth needs to come and look at the situation instead of dealing with it over the telephone. There was further discussion about swimming in the river at Menard May Park. Mayor Hayman stated the Council needed to give Mr. McMahon the approval of not spending the $500 at this time. Councilman Jones agreed. Mark Miller, from the News Journal, explained in the article Mr. Faircloth said there were two major sources of pollution. One was the sewer outfall and one was the stormwater. He stated he just wanted to clear that up. City Manager McMahon commented on the most recent letter put out by the United Taxpayers of Edgewater. Councilman Mitchum There was some discussion on when City Hall is to close on Christmas Eve. Councilman Mitchum complimented the banquet for the City employees. Councilman Mitchum moved to close City Hall at 12:00 p.m., seconded by Councilman Hays. The motion CARRIED 5-0. There was some discussion on whether City Hall should close early on New Years Eve. Mayor Hayman stated he was notified they were not able to give the City employees gift certificates like they have in the past so he feels this gesture will make up for that unfortunate situation. city Manager McMahon stated he would be off a couple of days during the Christmas Holiday. He wished everyone a Merry Christmas. Mayor Hayman Mayor Hayman wished everyone a Merry Christmas and a safe and happy New Year. Councilman Jones Councilman Jones also wished everyone a Merry Christmas. Councilperson Martin Councilwoman Martin wished everyone a Merry Christmas and a happy New Year. Councilman Havs Councilman Hays wished everyone a Merry Christmas and happy Hanukkah and asked them to have a safe holiday. Questions from Press There were no questions from the press at this time. Page -8- Council Regular Meeting December 21, 1992 . ...., CITIZEN COMMENTS Dick Jones, 1530 Sabal Palm Drive, commented on the swimming issue at Menard May Park. Mr. Jones questioned the status of the citizens council Advisory Committee. Mayor HaYman stated Council agreed to table that item until it could be discussed in a special workshop session which is scheduled for January 13th. Mr. Jones commented on the resolution regarding the Library Board. Mr. Jones commented on the Massey annexation. Mr. Jones stated he and his wife appreciate the City putting up the Christmas lights. Joe Martin, Lot 15 Cherokee Ridge, commented about a magazine with Edgewater on the cover. It shows airplanes that are being marketed, sold and assembled at Massey Airport. Dominick Fazzone, 302 Paradise Lane, wished everyone a Merry Christmas and a healthy happy New Year. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn, seconded by Councilman Jones. The meeting adjourned at 9:30 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting December 21, 1992