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02-24-1992 - Special '. ..... ......, CITY COUNCIL OF EDGEWATER SPECIAL MEETING February 24, 1992 MINUTES Mayor Wessler called the meeting to order at 7:00 p.m. in the community Center for discussion and action on the following: ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays 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 Public hearinq on transmittal of Comprehensive Plan Amendments pursuant to stipulated Settlement Aqreement with Department of community Affairs with first readinq of Ordinance 92-0-03 George Ewing, 2923 Royal Palm Drive, suggested the date in Policy 3.5 be changed to 1995 and the wording be changed from Florida Shores to the city of Edgewater. Mr. Ewing explained his reasoning for his suggestions. Councilman Hays stated a mechanism is already in place. He stated if you wanted to change it, you could just say at completion. The whole intent is to do away with the septic tanks. Has no problem with rewording it. Mayor Wessler asked Mr. Karet if there is any problem with changing the language. Councilperson Gillespie stated she knows there is not because she spoke to DCA today. Mr. Karet stated this language was included in response to specific comments made by DCA in regards to Florida Shores. In concept, DCA would probably have no problem with the City making the language more stringent, but his recommendation would be to adopt what the City agreed to on the settlement agreement and later look at any policy changes. Councilman Hays stated his problem with sticking to 1993 is he would not want to deny a builder or someone that wants to build the right to do that because of the language in this. Mr. Karet stated DCA wants us to put this system in with all do speed or stop issuing septic tank permits. Councilman Hays questioned if the DCA could live with a mandatory hookup after a reasonable period of time that the service is available. City Attorney Storey reminded the Council that they did enter into a settlement agreement with DCA. The language is language that was attached to that settlement agreement. councilperson Gillespie explained her conversation with Kathy Kendell from DCA. Councilperson Gillespie moved to remove Florida Shores and insert within the City, seconded by Councilperson Martin. Mayor Wessler asked City Attorney Storey if she thought this was going to hurt anything. City Attorney Storey stated if you change something you run the risk of a full scale review. ..... "'W' Mr. Karet stated what concerns him is we have ordinance policies that do allow septic tanks under certain circumstances. councilman Jones commented that he is for eliminating septic tanks but he doesn't want to get in a bind. Mayor Wessler asked Mr. Karet if changed to Edgewater and we annex property to the South or to the west and someone has a 25 acre lot and wants to build a home would he be required to hook up to sewer. Mr. Karet stated any projects in the city after 1993 would be required to have sewer connections. Mr. Karet recommends sending it as is. However, if you want to change the wording to Edgewater he suggested a lot size be picked. Mayor Wessler asked Mr Karet his recommendation on a lot size. Mr. Karet suggested under 2 1'2 acres would be general. Councilman Hays commented if we inserted all new and existing residential development under 2 1/2 acres that would take care of the problem. Councilperson Gillespie amended the motion to that affect. councilperson Martin amended her second. Mr. Ewing stated if you send it in and make it strict and then you have to change it, you are going to have to go through all of this again. If you send it the proper way you would be better off. The whole purpose of sewers in Edgewater is to stop polluting the river. Mayor Wessler asked Councilperson Gillespie to restate her motion. councilperson Gillespie moved to remove in Florida Shores where it appears in Policy 3.5, Page 6, in both instances and insert within the City, lots under 2 1/2 acres, seconded by Councilperson Martin. Motion CARRIED 5-0. Councilperson Gillespie asked Mr. Karet if we have to change on Page 5 where it says 1991, now that the construction is going to begin in 1992. Mr. Karet stated he doesn't think DCA would have any objection with that. Mayor Wessler stated to change it to 1992. Councilperson Gillespie asked Mr. Karet if the maps were the same as sent with the original. Mr. Karet stated the existing land use and the future land use map are entirely changed. They were included strictly for information. Councilperson Gillespie asked that Mark be permitted to update those maps and send them up for informational purposes to DCA showing the work that has been done. Mayor Wessler stated send them what they asked for and then after approved, we will send updates. Mayor Wessler asked if anyone had a problem with Mark updating the maps and send them to DCA. Mayor Wessler told Mark to do it. Mayor Wessler read Ordinance 92-0-03. Councilman Jones made a motion to adopt Ordinance 92-0-03 as amended, seconded by Councilperson Gillespie. Motion CARRIED 5-0. Ms. Storey stated the Ordinance wasn't being amended just the attachments. Page -2- Council Special Meeting Minutes February 24, 1992 ~ ~ Resolution 92-R-04 Tentative award of contract for construction of Advanced Wastewater Treatment Plant and Effluent Reuse Facility to Milmir Construction, Inc. at $8,290,000 and authorizinq Mayor and City Manaqer to execute contracts Councilman Jones made a motion to accept the bid, seconded by Councilman Hays. Councilperson Gillespie asked to hear from Mr. Wadsworth. Terry Wadsworth, Director of utilities, gave his recommendation to adopt Resolution 92-R-04. councilperson Gillespie stated on Page 005 under - 2, the Dyer, Riddle, Mills, & Precourt address appears for Jacksonville. She asked if there was a particular reason. Mr. Wadsworth stated that office handles the design of the Wastewater Treatment Plant. Councilperson Gillespie asked if the request has been finished for inclusion on the priority list for the 1993 loans. Mr. Wadsworth stated this is going to be done on Thursday. Mr. Castle, Mr. Ferland and Mr. Wadsworth are meeting to complete what has already been started on that. Councilperson Martin asked if based bid meant rock bottom. Mr. Wadsworth replied subject to unit prices that they may encounter in case something is not exactly prescribed. There is an allowance in the bid but hopefully it won't exceed that. Councilperson Gillespie stated her concerns over the contract revisions on the wells if the design had been proper and the company had known then they wouldn't have had to go through that. If they come in with a problem or revision is their bond going to cover the cost. Mr. Wadsworth stated that depends on the nature of the problem. Councilman Hays mentioned there were going to be some jobs for local people. He asked how many people they might be looking for. Mr. Wadsworth stated they anticipated up to 12. Upon roll call vote, the motion CARRIED 5-0. Mayor Wessler read Resolution 92-R-04 after the fact. Authorization of Pomerroy Appraisal Associates of Florida, Inc. to appraise Gran Central (FEC) property located in Planned Industrial Development zone at cost of $2,000 Councilperson Gillespie made a motion to deny request. No second. Motion dies for lack of second. Councilman Hays moved to approve it if the funds that were budgeted for the brochures were used to finance this, seconded by Councilman Jones. Motion CARRIED 4-1. Councilperson Gillespie voted NO. Purchase one new Ford Crown victoria Police unit from Don Reid for $13,500 and two used vehicles, 1987 and 1989 Ford Crown victorias, from Town of pierson for $11,995, for total cost of $25,495 Councilman Hays moved to approve, seconded by Councilperson Gillespie. Motion CARRIED 5-0. Page -3- Council Special Meeting Minutes February 24, 1992 .... ,.." Request of Jan & Lib's Hi Tops Lounqe, 319 N. Ridqewood Avenue, to extend bar hours until 3:00 a.m. Februarv 26th throuqh March 8th City Attorney storey suggested the owner of Hi Tops Lounge is present and should be heard prior to making a decision. City Attorney storey stated the Ordinance does provide the Council with an opportunity to extend hours. The Ordinance provides that you are able to do that upon special holidays but the ordinance does not specifically define special holidays. That would be something within the discretion of the Council. Elizabeth Vachon, 319 N. Ridgewood Avenue, stated her reasoning for staying open is to make more money. councilperson Gillespie stated Bike Week is not a holiday. She stated she wouldn't mind giving an extension for one day but has a problem with giving them time frame they are asking for. Monty McMullen, Edgewater Landing, stated that last year motorcycles ran up and down all night long. He stated he does not think it is going to be a problem. councilperson Gillespie stated perhaps it would be fairer if we amend it from the 3rd to the 8th. Mayor Wessler stated then you are changing her request to suit other bar owners who have not even come forward. Mayor Wessler stated the fairest way to do it would be to address her request first. Chief Schumaker discussed difficulty enforcing other ordinances dealing with closing hours. He understands the need for the businesses in the city to make money, but he does not recommend it. He went on to say that the reason for the bars staying open in the Daytona area is because it was a controlled atmosphere to keep the college students in an area where they could be policed by the patrons as well as the bar people themselves. Chairman Hays asked if one hour makes that much difference. Ms. Vachon stated yes it does. Councilman Kirk Jones feels there should be a policy where any establishment at this particular time be given this opportunity. Mayor Wessler stated give all establishments in Edgewater the same from the 26th to the 8th. Councilperson Gillespie made a motion to give this option to all bars in the City limits if they so request. Councilperson Gillespie withdrew her motion. Mayor Wessler stated any alcoholic establishment be allowed to stay open between the dates of February 26th - March 8th, 1992 only in the City of Edgewater until 3:00 a.m. Mayor Wessler discussed the serving of alcohol but no sale of closed containers to go out of the establishment after 2:00 a.m. City Attorney Storey stated they can extend the hours for all taverns and bars within the City to stay open until 3:00 a.m. February 26th - March 9th, 1992 or you can grant the request presented by Hi Tops. councilperson Gillespie motioned for Option 1 as stated by City Attorney Storey, seconded by Councilman Hays. Motion CARRIED 3- 2. Page -4- Council Special Meeting Minutes February 24, 1992 ~ ~ Aqreement with Michael J. Giorqio for provision of inspection services for Florida Shores infrastructure improvements Councilperson Gillespie asked if the gentleman was there. city Engineer Gates Castle stated he had a class. Mr. Castle gave the background of Michael J. Giorgio at this time. councilperson Gillespie moved to hire as stated, seconded by Councilman Hays. Motion CARRIED 5-0. Mayor Wessler asked City Attorney storey if she could ask Council's feelings on the Growth Management Commission. Councilperson Gillespie stated it is just another layer of beauracracy and that is all it ever was. Mayor Wessler stated if Council has no objections that tomorrow she would express the Council feeling on the Growth Management Commission. Mayor Wessler asked Mr. Giorno if he came to visit for a specific reason. He stated just to say hello. He stated he wanted to talk to them to see if they had any problems with the County. Mayor Wessler spoke about the 26 acre park site that maybe the County could get involved with us and save some money. Mr. Giorno stated they are doing a lot of interlocal agreements with different cities. Councilman Jones explained that the City is planning to take on a summer program and he asked if the County could help with the program. Mr. Giorno stated he would check and get a letter back on this. Councilman Hays stated he was glad to see Phil there. He stated what he is going to say is not intended to criticize him. He stated John Massey owns some property that they are developing, adjacent to wildwood Subdivision. He stated they have a gravity sewer system in place in the Wildwood Subdivision at this time but he can't see why that wasn't turned into part of our service area. He stated there are areas that are immediately adjacent to boundaries of the City which are going to become part of the City of Edgewater as we grow. He stated now they are inheriting another problem. He asked for Mr. Giorno's help to work more with our Staff so that we don't, on a County level, develop problems. Mayor Wessler told Mr. Giorno to keep an eye out for our interlocal agreement because some of the things that apparently went on in the discussion he didn't seem to want to approve. When we looked at your interlocal agreement with Holly Hill it was pretty much exactly what we wanted except with our surcharge we are asking for. CITIZENS COMMENTS George Ewing, 2932 Royal Palm Drive, stated Clay Henderson is very unhappy with putting a shopping center out by 1-95 and he would like this Council and County Council to consider the City of Edgewater putting a shopping center out by 1-95. He stated we are going to have all of the facilities there. He also stated the County Council gives all their money to Ormond Beach and Daytona Beach and Port Orange, why don't they throw a little money our way. Page -5- Council Special Meeting Minutes February 24, 1992 ..... .... Dominick Fazzone, 302 Paradise Lane, stated all the cities along the river are objecting to the bridges. He asked if the County Council has considered putting pressure on the DOT to include Edgewater when they study for the future for a bridge from SR 442. ADJOURNMENT Councilperson Gillespie made a motion to adjourn, seconded by Councilman Jones. The meeting adjourned at 8:20 p.m. Minutes submitted by: Lisa Kruckmeyer Page -6- Council special Meeting Minutes February 24, 1992