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12-07-1992 - Regular ~ .,.., CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 7, 1992 7:00 P.M. COMMUNITY CENTER CALL TO ORDER Mayor Jack Hayman called the meeting to order at 7:00 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 Rev. Hampton, Bella vista Baptist Church, delivered the invocation. There was a pledge of allegiance to the Flag. PROCLAMATION - "HOPE FOR THE HOLIDAYS" DAY DECEMBER 21, 1992 Mayor Hayman read the proclamation. APPROVAL OF MINUTES Reqular Meetinq of November 16. 1992 Councilman Jones made a motion to approve the minutes of the November 16, 1992 meeting, seconded by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS There were no citizen comments at this time. CONSENT AGENDA Mayor Hayman read the consent agenda. A. Ranken Drive water line materials bid recommendation B. Police Chief's request to establish voluntary physical fitness proqram with Port Oranqe YMCA at cost of $450 per quarter to come from Law Enforcement Trust Funds Mayor Hayman stated he would like to remove Item B. Mayor Hayman stated it is a great idea but there are other City employees that would also benefit from it. He stated he would like to see the staff look at a more comprehensive physical fitness program for all the City employees. Councilwoman Martin asked to hear from the Police Chief. Police Chief Schumaker gave the reason for his request. Mayor Hayman stated he is not questioning the intent of the program or the use of the funds. He feels they should come up with a more detailed comprehensive program that addresses others in the city. Councilman Mitchum moved to approve the consent agenda, seconded by Councilman Hays. Motion CARRIED 5-0. "lW --- City Manager McMahon stated he doesn't think anybody would disagree that the City needs a comprehensive plan for physical fitness. He stated he would like to look into alternatives as to where they might have this. Councilman Hays moved to honor this request for the $450 for one quarter. During that time it is important to sit down with Mr. McMahon and propose a program for the City. He stated he would like to see if there is something they can do for the next budget. Councilwoman Martin seconded the motion. Councilman Jones stated he is all for physical fitness and he feels it is needed and this needs to be looked at. Motion CARRIED 5-0. Mayor Hayman suggested every employee of the city should have as a part of his/her performance appraisal system some standards established relative to the physical demands of the position. City Manager McMahon answered questions of the Council at this time. C. Mutual Aid Aqreement between Volusia County Law Enforcement Aqencies D. Aqreement with James Cornell for provision of Inspection Services for Florida Shores Infrastructure Improvements There was discussion between Councilman Hays and utilities Director Terry Wadsworth about the time period for this project. NEW BUSINESS A. Amendment No. 1 to State Revolvinq Fund Loan for Wastewater Treatment Plant in the amount of $1.041.290 Councilwoman Martin requested an explanation for this request from Mr. Wadsworth which he did at this time. Councilman Hays stated the larger our reuse program the better the benefit of the entire City. Doris Hill, Lincoln Road, stated she is concerned about where this extra money would be coming from. Mr. McMahon explained this to her. Mrs. Hill expressed her feelings on this matter. Councilman Mitchum moved to approve, seconded by Councilman Hays. The motion CARRIED 5-0. B. Parks & Recreation Director's request to purchase budqeted hYdraulic powered front mount surface sweeper for $2.995 Councilman Hays made a motion to approve, seconded by Councilwoman Martin. The motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS. AND RESOLUTIONS FIRST READING: A. (Rewritten) Ord. 92-0-20 Amendinq section 706.00 of Zoninq Ordinance (Fences. Hedqes. and Walls) Community Development Director Mark Karet briefed the Council on changes and options referencing Ordinance 92-0-20. Councilman Hays made a motion to vote for Option 1, Councilwoman Martin seconded the motion. There was discussion between Council and Community Development Director Mark Karet. Page -2- Council Regular Meeting December 7, 1992 ow ~ Councilman Hays made an amendment his motion, seconded by Councilman Jones. Councilman Hays withdrew his motion, seconded by Councilwoman Martin. Councilman Hays made a motion to accept option 1 with the amendment that was made, seconded by Councilwoman Martin. Motion CARRIED 5-0. Councilman Mitchum made a motion to approve Item C, seconded by Councilman Jones. Motion CARRIED 5-0. Mayor Hayman read Ordinance 92-0-20. Councilman Mitchum made a motion to approve Ordinance 92-0-20, seconded by Councilwoman Martin. Motion CARRIED 5-0. B. Ordinance 92-0-21 Amendinq the Comprehensive Plan Community Development Director Mark Karet gave a presentation on the Comprehensive Plan amendment and rezoning at this time. He stated this will allow the owner to make a more beneficial use of the property and present a development with the City that would be more acceptable than something that would be broken up among the two separate uses. He stated this is the same recommendation the staff brought to the LDRA. Dominick Fazzone, 302 Paradise Lane, stated the reason this was denied by the LDRA both times is the safety factor. We were concerned about the traffic. He stated this piece of property requesting to be changed from R-4 to B-2 is on the corner. He stated B-2 would allow them to do almost anything. Overall they were concerned about the safety of people. He stated with Publix, the school and the park it is more congested now than it ever was and for that reason the LDRA both times denied it. Mr. Karet clarified Mr. Fazzone's explanation at this time. Mayor Hayman stated he received unsolicited correspondence from Help-U-Sell. It was accompanied by a letter expressing the concerns and the two ordinances and issues being presented. He stated because of the importance of this matter, he requested the Attorney to advise Council. City Attorney storey advised Council. She stated she does not feel the correspondence is prejudicial. If the Florida Supreme Court decides that rezonings are quasijudicial functions, then it will be inappropriate for any constituent to approach you referencing rezonings. City Attorney Storey stated Council may want to give the applicant a chance to speak at this time and since both items are so closely linked, discussion may be more appropriate and then they can address one ordinance and then the other for final comment. Donnie J. Williams, stated he is working for the owner as his agent in seeking this rezoning. He stated he is also a broker for Help-U-Sell. He stated this piece of property is probably one of the most important pieces of property in the Florida Shores Subdivision. He stated this needs to be a quality development. Mr. Williams continued to further discuss reasons why this rezoning should take place. At this time, there was a discussion session between Council and Mr. Williams. Page -3- Council Regular Meeting December 7, 1992 ... ..."" Councilman Mitchum stated he doesn't think this ordinance can fly. He would like to see a site plan showing what would be put there. City Attorney storey stated a rezoning would include all of the uses and it is not legally appropriate to go the route of jUdicial zoning. Councilman Hays stated he would like to see an agreement come back with this so they can take action. Councilwoman Martin agreed. Mr. Williams stated the owner is willing to do that. He stated they are looking for a working decision. city Attorney storey stated if that is the way the applicant is claiming, then the applicant is to withdraw the application from the Council agenda at this point. If the action is negative it may not come back for another year. Mayor Hayman stated he has a problem with any type of business on that side that might influence or affect the life safety of the children. He stated he is concerned about the welfare of the children. He stated he would work with Mr. Williams and the owner to try to reach common ground where he might be able to convert that property to some type of business that does not tend to hamper the welfare of the children. Mr. Karet asked for guidance from Council so they don't hammer out something that is going to be a problem when it comes back to them. Councilman Mitchum expressed his feelings about the type of business that would be put there, how much traffic it would cause, and the welfare of the children. The owner stated his intent was a professional office space. Mr. Karet stated they will bring back a development agreement with a preliminary plan. He stated that is site specific and that is where the traffic is usually addressed. with the agreement there will be a plan that will show driveway entrances, turning radius' and anything that might impact the traffic flow in that area. Councilman Jones expressed his concerns at this time. Mr. Williams withdrew the application at this time. Mr. Fazzone presented Council with some facts about this property. C. Ord. 92-0-22 Rezoninq land within city from R-4 multi-familY to B-2 neiqhborhood business district (.53 + acre parcel with .06 + alley at Northeast corner of India Palm Drive and 30th street) The application for this request was withdrawn by the owner and Mr. Williams. D. Res. 92-R-26 Vacatinq portion of J. K. Rowley Subdivision adiacent to Glenwood Drive (Lots 1 throuqh 10 recommended) Mr. Karet gave his presentation at this time. Mr. Karet stated it is the recommendation of City staff that the entire portion within Windsor Subdivision be vacated so this problem will not again present difficulties for people trying to sell their properties. Page -4- Council Regular Meeting December 7, 1992 ~ ~ Mayor Hayman asked what the LDRA's position was on this. Mr. Karet stated the LDRA recommended in favor of the vacation of the plot. Mayor Hayman read Resolution 92-R-26. Councilman Hays moved for approval, seconded by Councilman Jones. Motion CARRIED 5-0. City Attorney storey stated her position from a purely legal perspective is that since the City has never utilized the planting strips and bumper strips, it shouldn't be of any consequence and should just evaporate and not exist. She requested recommending Council grant the easement to Eugene Pizmorei. Councilman Hays made a motion to approve the easement, seconded by Councilman Mitchum. Motion CARRIED 5-0. E. Res. 92-R-27 Vacatinq portion of Fernald and Chadwick Subdivision (Lots 30. 31. 32. and 33) Mr. Karet gave his presentation at this time. Councilwoman Martin made a motion to approve, seconded by Councilman Hays. Motion CARRIED 5-0. F. Res. 92-R-29 Tentative Award of Bid for Phase III. Florida Shores Capital Improvement Proqram to S & E Contractors. Inc. at base bid of $3.643.085 with an additive alternate "A". water improvements for $73.800 utilities Director Terry Wadsworth gave his presentation at this time. Mr. Wadsworth answered questions of Council at this time. Mayor Hayman read resolution 92-R-29. Councilman Mitchum made a motion to adopt Res. 92-R-29, seconded by Councilman Hays. Motion CARRIED 5-0. SECOND READING: (PUBLIC HEARING) G. Ord. 92-0-15 Amendinq text of Zoning Ordinance to eliminate rear and side setbacks for industrial uses receivinq industrial rail service Mr. Karet gave a presentation at this time. Mayor Hayman closed the public hearing. Mayor Hayman read Ord 92-0-15. Councilman Jones made a motion to adopt Ord. 92-0-15, seconded by Councilman Martin. Motion CARRIED 5-0. UNFINISHED BUSINESS There was no unfinished business. COUNCIL/OFFICERS REPORTS city Attornev City Attorney Storey had nothing at this time. Page -5- Council Regular Meeting December 7, 1992 ....... ...." city Manaqer City Manager McMahon stated the status of the evidence building is they will be going out for bid shortly. He gave a report on the estimated cost of the evidence building. He stated they are looking at plans now. Councilman Hays stated his concerns about the building going on City property and costing $180,000. There was further discussion about the evidence building with Council and the City Manager. Mr. Karet stated the number that was previously provided was essentially a worse case scenario. They wanted to give a high end and they didn't want to be in a position where they would be coming back to Council asking for more money. There was further discussion with Mr. Karet, the City Manager and the Council. Police Chief Schumaker expressed his reasons why they need an evidence building. Mr. Karet explained the engineering has been done by Joe Martin, who has volunteered his costs and they are attempting to work out the same thing with an architect. There was further discussion between Mr. Karet and the Council. The Council decided they would discuss this at a later date. City Manager McMahon asked Mr. Wadsworth if the $73,000 for the water line improvements is going to come from impact fees. Mr. Wadsworth explained the money is already in the water revenue bond money. city Council Mayor Havman Mayor Hayman thanked Mr. Karet. Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones stated they need more information on the by-laws for the Beach Trust Commission and find out how long someone serves. Mayor Hayman stated he spoke to the gentleman who was appointed and he discussed with him what he is doing for Edgewater and how involved he has been with the Beach Trust Commission. He stated he asked for the Beach Master Plan and was advised that the city was sent ten copies which he could not find. He requested two or three additional copies. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays stated the lights in on Indian River Blvd. look nice. Councilman Mitchum Councilman Mitchum had nothing at this time. Page -6- Council Regular Meeting December 7, 1992 .... ,.." Ouestions from Press There were no questions at this time. CITIZEN COMMENTS Duke Southard, Southards Recycling, congratulated the new Council. He stated he has been the recycling contractor for two years and the contract states he is to report every once in a while. He stated he gives his reports weekly to Public Works. He stated they set records last week. They have now reached 4,100,000 pounds of items recycled. He asked Council to go out for bids shortly so they can make ample improvements if they get the contract again. Councilman Jones suggested sending out a letter of information to the citizens if they have any concerns about how they would like to see improvements on recycling in the newsletter. Mr. Southard stated they are collecting for the holidays and the citizens can put donated cans by the recycling bin. Councilman Hays stated he would like to get together with Mr. Southard. Dominick Fazzone, 302 Paradise Lane, commended Mr. Southard on the recycling program. Edward Keenan, 1905 pine Tree Drive, gave some suggestions on getting the evidence building built. William Anderson, 1730 pine Tree Drive, commended Mr. Southard on the great job he is doing with the recycling. He asked if there was anyway a lid cold be put on the recycling bins for when they are left out at night. Mr. Southard stated wet newspapers is not a problem. ADJOURNMENT There being no further business to discuss, Councilman Jones made a motion to adjourn, seconded by Councilman Hays. The meeting adjourned at 9:30 p.m. Minutes submitted by: Lisa Kruckmeyer Page -7- Council Regular Meeting December 7, 1992