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01-15-1992 - Regular v ....." CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 15, 1992 MINUTES CALL TO ORDER Mayor Wessler called the meeting to order at 7:02 p.m. in the Community Center. 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 Excused Present Present Present Present Excused Lt. William Britain was present to represent the Police Chief. INVOCATION. PLEDGE OF ALLEGIANCE Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meeting of January 6. 1992 - Councilman Hays moved for approval. Councilman Jones seconded the motion. Motion CARRIED 4-0. CITIZEN COMMENTS There were no citizen comments at this time. CONSENT AGENDA Consultant agreement with Anqie Brewer & Associates for the provision of project manaqement and administrative services in reference to the CIP construction proqram: Award of contract for testinq services required in conjunction with the water transmission project to Professional Service Industries. Inc. for $3.350: Approval of Chanqe Order No. 2 to the contract for the Alan R. Thomas Water Treatment Plant for $3.508.38 to cover additional expenses and time to obtain Volusia Count v buildinq permit: Parks & Recreation Director's request to purchase computer. laser printer. receipt printer. and software for $2.989.02 from Computers Unlimited: Public Works Director's recommendation to award bid on Caterpillar backhoe loader to Rinqhaver for $47.419 - Mr. McMahon requested approval of a change to his recommendation for the Caterpillar backhoe loader to be the Case which will do the job and cost about $5,500 less. Councilperson Martin moved to accept with the change. Councilman Jones seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Appointment of one member to Parks and Recreation Board due Harry Montgomerv - Mayor Wess ler nominated Dan Hatfield. seconded the nomination. Nomination CARRIED 4-0. to resignation of Counc i lman Hays Interlocal Service Aqreement with Volusia County re: animal control sterilization rebate prOQram - Ms. Storey explained the County would be willing to work out a payment schedule if the City wants to participate but the City Manager recommends it be deferred until next year because it was not budgeted. After brief discussion, Councilman Jones moved to put it off until next year. Councilman Hays seconded the motion. Motion CARRIED 4-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readinq: Res. 92-R-02 Awardinq bid for Phase 1 of Florida Shores Capital Improvement Project to Chapman Construction. Inc. with base bid of $3.991.180 which includes 100% of the reuse mains and wastewater collection and transmission facilities Utilities Director Terry Wadsworth explained the difference in figures is due to DER submittal requirements and what has to be in resolution form. After brief discussion, Councilperson Martin moved to accept Resolution 92-R-02. Councilman Hays seconded the motion. Motion CARRIED 4-0. ....." ...." ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS (Continued) Second Readinq: (Public Hearinq) Publ ic Hearinq re: development aqreement with Florence and Ravmond Anderson, 1904 South Riverside Drive, to allow construction of two duplexes - Planning & Zoning Director Mark Karet explained the development agreement, with a review of cons i stency wi th the Comprehens i ve Plan, not i ng staff has determi ned it is consistent. He reviewed zoning designations of other area properties. Councilman Hays questioned why staff supports this and LDRA denied it. Mr. Karet replied LDRA heard arguments of neighbors and found the arguments that this would set a precedent were persuasive but staff feels this is unique and didn't agree with the neighbors. points of view. Bill Hathaway, 500 Canal Street, New Smyrna Beach, represented Florence and Raymond Anderson, the applicants. He displayed and reviewed a colored schematic of the area and stated the applicants are requesting a development agreement and rezoning from R-l to R-5. Pete Hellsten, Chairman of Land Development & Regulatory Agency, explained the reasons for LDRA's unanimous denial of this agreement after much review. Doris Hill, Lincoln Road, expressed strong opposition to this request, citing previous denials of other property in that area and questioning appropriateness of a two-story house. She reviewed R-5 suitabil ity, buffers between single family and business districts, precedent setting, and current zoning designations in that block. She questioned Comprehensive Plan land uses versus current zoning designations. She stated abutting Lincoln Road residents opposed the develop- ment agreement and rezoning. Malcolm Heffley, 325 Schooner Avenue, expressed concern with unsightliness of Riverside Drive and the detrimental effect if this is approved plus increased traffic due to pedestrians and bike riders with the new bike path. James Montqomerv, 1901 S. Riverside Drive, abutting neighbor to the North, expressed adamant opposition against any more development in this area, and referred to prior denial of a similar request of the Kanes. He questioned the width of the road and the home's conformity. Giqi Benninqton, 121 Virginia Street, questioned if there would be a public hearing on the rezoning and if LDRA makes the final decision on compliance with the Comp Plan. She also questioned enough room for a private driveway and if property owners will maintain it and garbage trucks will not go on it. She and City Attorney Storey discussed the intent and statutory provisions of development agreements. Mrs. Bennington questioned if the overall plan was addressed and not just one section and asked Council to consider that. City Attorney Storey explained LDRA's function in this development agreement and rezoning is advisory, as is staff.s recommendation, but the ultimate decision is Council IS. Mrs. Bennington questioned LDRA's specific duties to interpret and decide if a project agrees with the Comp Plan. Mayor Wessler called a recess at 8:30 p.m. and called the meeting back to order at 8:37 p.m. Tina Palermo, 2105 S. Riverside Drive, opposed changing R-l to R-5 zoning regardless of where it is. She reviewed a prior incident regarding a Mosquito Control helicopter pad on Riverside Drive in R-l, which was stopped, and a prior request to build a second house. She asked for protection of the River and asked if the Andersons will maintain this property, and what if they decide to sell, because the business on u.s. 1 could buyout those on the River. Pat Montrowl, 331 Schooner Avenue, spoke about duplexes under single ownership and an access road or driveway. She commended LDRA's review and actions on this case and asked Council to protect the interests of the future of Edgewater. Bill Hathawav explained the 20 feet wide ingress and egress point is shown on the colored map and is part of the agreement with an easement of the abutting property owner and it's shared. He referred to the reduction in units approved for the Davenport property. 2 Council Regular Meeting Minutes January 15, 1992 ,-,. .."", ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second Readinq: (Public Hearinq) Public Hearinq re: development aqreement with Florence and Raymond Anderson. 1904 South Riverside Drive. to allow construction of two duplexes (Continued) Mayor Wessler closed the public hearing. Ms. Storey requested that Council1s action to approve or deny include the reasons with the motion. Councilperson Martin stated she doesn't believe the density will not be harmed due to this increase and because it1s already a congested area is no excuse to add more to the congestion. She said there are similar properties on Riverside Drive with long frontages and back yards and those property owners would welcome the opportunity to rezone to R-5 to increase the monetary value of their property. She noted that any decision made to change a zoning for increased monetary value is not a good decision. She asked where the line will be drawn between R-l and R-5 and will it eventually extend to other streets. She said there1s an increase in traffic generated by multi-family dwellings on a minimum two-lane road that will endanger bike riders, joggers, and individuals that stroll. She said Riverside Drive is Edgewater's only asset so why clutter up the area with unnecessary building. She added from her prior experience on LDRA, she can appreciate the work that went into the decision and it would have been a nice touch if staff had gone along with that decision. She then moved to deny based on what she just spoke about. Councilman Jones seconded for discussion and expressed concern for density and zoning in this area and said he doesn't feel this will set a precedent. He spoke about the 7-0 vote of the LDRA and the contrary opinion of staff. Councilman Hays stated he doesn1t feel they've seen justification to deny this. Motion CARRIED 3-1. Councilman Hays voted NO. UNFINISHED BUSINESS Merit Board1s recommendations to approve various qrade and class descriptions and title chanqe and upqrade (Tabled Nov. 4. 1991) - Mr. McMahon reviewed the job descriptions and changes in these recommendations and noted he's looking at the entire personnel system with updating to meet Americans with Disabilities Act requirements by July 26th. Councilman Hays moved to remove it from the table and accept Mr. McMahon's recommendation. Councilperson Martin seconded the motion. Motion CARRIED 4-0. COUNCIL/OFFICERS REPORTS City Attornev - Ms. Storey had no report at this time. City Manaqer Discussion of City Orqanizational Structure - Mr. McMahon briefly reviewed organization changes he'd implemented with the Fire Chief as the official Acting Building Official with full responsibility and accountability for legal and appropriate functions of this office and transferring Dennis Fischer, who is designated Building Inspector, to Planning and Zoning under the direction and authority of Mark Karet, and all people connected with the Building Department to report and be accountable to Mr. Karet. He pointed out City staff wi 11 deliver services to the public with one stop. Councilperson Martin asked if he'll maintain Chief Vola plus another Building Official. Mr. McMahon replied there will be no replacement at this time and held come to Council if itls needed. Planning & Zoning Director Mark Karet reviewed expected efficiency with this change and requested Council's approval to change the name of the department to Community Development Department. Councilperson Martin asked if they have the shirts and Mr. Karet replied they were ordered and will designate those employees are part of the building inspections division. Mayor Wessler suggested a motion to accept or reject the name of Community Development. Councilman Hays moved to accept. Councilperson Martin seconded the motion. Motion CARRIED 4-0. Mr. McMahon announced the first newsletter is being mailed tomorrow and the City Clerk did an excellent job in coordinating this. Mr. McMahon commented on his review of City buildings to comply with the Federal Americans with Disabilities Act and the requirement for job descriptions. Finance Director Fred Munoz noted receipt of funds on the DER administrative and design allowance for the collection system and treatment plant totalling $1,325,679 with an interest rate of 3.78%. 3 Council Regular Meeting Minutes January 15, 1992 'w' 'W/I COUNCIL/OFFICERS REPORTS (Continued) City Council Councilman Jones commented on cable availability in the sales representatives are to contact the people service areas, noting that very soon. Councilman Jones asked the status of the River Walk. Parks & Recreation Director Jack Corder replied it's now in the design stage and then they'll have a public meeting with area neighbors. Councilman Jones asked the deadlines. Mr. Corder replied projected completion is end of summer. Mayor Wessler asked about Rotary Park. Mr. Corder replied the pond is completed and it1s seeded. Mayor Wessler asked about paving of that parking lot and Mr. Corder rep 1 i ed he's ta 1 king wi th Rotary members about the rema i nder of the projects. Councilman Jones commented on his walk through the PID area with only one low area and noted it has potential. Councilman Hays suggested consideration of criteria based job descriptions when the City Manager is reviewing the job descriptions. Mayor Wessler referred to a call she received from South Daytona on composting. Public Works Director Carl Overstreet explained the composting process done at Volusia County's landfill and the chipping machine used by the City for tree branches. QUESTIONS FROM PRESS There were no questions from the press. CITIZEN COMMENTS There were no citizen comments at this time. ADJOURN Councilman Jones moved to adjourn. Councilperson Martin seconded the motion. Meeting was adjourned at 9:22 p.m. Minutes submitted by: Lura Sue Koser 4 Council Regular Meeting Minutes January 15, 1992