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12-19-1994 - Regular -...- ""'" CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 19, 1994 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 Arrived at 7:55 p.m. Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Father Daigle, Sacred Heart Catholic Church, was not present. There was a silent invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved. CITIZEN COMMENTS Galen McClain, 3119 Queen Palm Drive, asked if the $500,000 prepayment amount for paving is a separate account or in the general fund. Finance Director Fred Munoz explained all of the funds are restricted and they are in a pooled account but their character is identified and it is restricted for the paving project. Mr. McClain questioned item 6K on the agenda. Mayor Hayman informed Mr. McClain this could be addressed at that point on the agenda. He feels it is time the citizens take the necessary steps to protect the interest of this community. A lady in the audience questioned the petition on the ducks which Mayor Hayman informed her the petition is on the agenda. Sheila Gothrode stated she is here for a public hearing and questioned if she spoke on that issue now or at the public hearing. Mayor Hayman informed her she needed to comment at the public hearing. COUNCIL/OFFICERS REPORTS city Attorney city Attorney storey had nothing at this time. city Manaqer City Manager McMahon had nothing at this time. Mayor Hayman welcomed Mr. McMahon back. He informed the audience Mr. McMahon has just returned from recovering from surgery. '-" ...., CITY COUNCIL Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays had nothing at this time. Councilman Mitchum Councilman Mitchum was not present at this time. He arrived at 7:55 p.m. Mayor Havman Mayor HaYman had nothing at this time. Councilman Hatfield Councilman Hatfield had nothing at this time. CONSENT AGENDA A. Workers Comoensation - Florida Municioal Insurers Fund Larqe Member Aqreement B. Maintenance Aqreement with Technicians Unlimited. Inc. for Public Works c09ier C. Aqreement with Volusia County to im9lement city's oarticioation in 800 mhz radio system D. Voluntary Coooeration Agreement between state Attorney's Office and city of Edqewater Police Deoartment E. Aqreement for odor control system for wastewater treatment olant headworks F. Addendum Number 1 to Aqreement with Quentin L. Hamoton Associates. Inc. for value enqineerinq reoort and validation of unit items related to Florida Shores roadway imorovement oroiect Mayor HaYman read the consent agenda. Councilwoman Martin made a motion to approve the consent agenda, second by Councilman Hatfield. The motion CARRIED 4-0. NEW BUSINESS A. Addendum Number 2 to Aqreement with Quentin L. Hamoton Associates. Inc. for construction administration. observation. and related services related to Florida Shores roadway imorovement oroiect city Manager McMahon explained why Councilman Mitchum asked that this be held until later in January. city Manager McMahon stated Quentin Hampton has done a considerable amount of work, well beyond what the Council has authorized by amendment #1. City Manager McMahon explained amendment #2 has to pick up at this time for planning purposes. Page -2- Council Regular Meeting December 19, 1994 ." ....., City Manager McMahon feels the agreement is necessary because the construction management and construction inspection is required to guarantee the product the city is going out for bid for is going to be the product the city receives and the best quality for it. City Manager McMahon feels Quentin Hampton is the best qualified for this work. He recommended Council pass the agreement tonight. City Attorney storey explained this is an addendum to the existing agreement. She stated there is a thirty day clause included to notify Quentin Hampton if the city wishes not to proceed with this agreement. Councilman Hays questioned Councilman Mitchum wanting to delay this. He asked if he wanted to delay this to review engineer1ng firms. councilman Hays questioned moving this later on the agenda in case Councilman Mitchum shows up. City Manager McMahon stated that is Council's discretion but he recommended that in light of the reviews that have been done with the engineering firm, the City pick two engineering firms that are qualified to do work. He stated the specialized work that we are dealing with in Florida Shores on the road construction program is definitely in the best interest of the City that Quentin Hampton does the work, in his and staff's opinion. Councilman Hays asked if this is projects and increase our costs. couldn't for certain say it will doesn't see any economic benefit delayed, will it delay proposed City Manager McMahon stated he increase the costs, however, he to delaying it. Mayor Hayman spoke about the bidding process. He stated the second addendum would not effect the delay in the start time. Mayor Hayman stated if you can hesitate until after the presentation and a decision is made, at the next meeting where Quentin Hampton comes and gives them the menu and shows the community and Council the selection of alternatives and the cost, it would also have an impact on the total cost of the inspection as well. Mayor Hayman does not have a problem with delaying this until after or at that presentation. City Manager McMahon explained the reason for the agreement tonight is because they have to plan very closely on their hours and the people involved. He stated it is important for Quentin Hampton to know whether they will be doing that work and how much of it. City Manager McMahon stated the resulting negotiated price is $383,480. City Engineer Fegley stated by delaying this, it would not cause a problem. City Engineer Fegley explained the costs are secured. There was a discussion regarding the proposal being generated by mileage or generated by time. Councilman Hays questioned why will it take the same amount of time to do a 35-mile project that it would to do a 50-mile project. city Engineer Fegley explained it depends on how many crews are mobilized by the contractor and how much time frame is given to the contractor. Councilman Hays suggested hearing from Mr. Fernandez of Quentin Hampton and then they can decide whether or not to take action. Councilwoman Martin feels this project has been delayed long enough and if they start hesitating over a piece of paper, this is going to go on forever. Page -3- Council Regular Meeting December 19, 1994 '-" ....., Rick Fernandez, President, Quentin Hampton Associates, commented on the number of miles and the duration of the project. He explained the addendum and the hours are based upon an 18 month project duration. He stated they need to have some kind of a commitment from the City of Edgewater that they are going to be following through with this project. He stated they would like to walk away knowing they are on board for the duration. Councilman Hays moved for approval of Addendum Number 2, second by Councilwoman Martin. The motion CARRIED 4-0. B. Fla. Dept. of Transportation presentation re: plans for u.s. #1 resurfacing Fred B. Hagen, Manager, community Traffic Safety Program, Department of Transportation, made a presentation regarding the plans to resurface u. S. #1 from Orange Avenue up to Industrial Park Boulevard in New Smyrna Beach. Mr. Hagen went on to speak about eliminating on-street vehicle parking. Mr. Hagen spoke about crash statistics in Edgewater over the past 3 1/2 years from the DOT. Mr. Hagen spoke about the widening of the medians and creating four foot buffers to eliminate on-street parking to decrease the amount of accidents. Mr. Hagen spoke about economic factors. Mr. Hagen asked Council to pass a resolution supporting the DOT's request for eliminating on-street parking on u.S. #1 when it is resurfaced next year. Chief Schumaker stated he finds no fault in any of the figures that were presented by DOT. He commented on the impact it will have on small businesses located along u.S. #1. Chief Schumaker stated he would have to side with the DOT as far as from a public safety standpoint. City Manager McMahon feels DOT should consider at certain off peak traffic times whether or not a particular zoned area could be used for on-street parking. Mr. Hagen feels that would create more problems and cause more crashes by having this intermittently. Mr. Hagen commented on the design standards now in place. Mr. Hagen stated DOT will do what the City wants them to do. Councilman Hays asked what the financial impact will be for the businesses on u.S. #1. Mr. Hagen spoke about the parking at a day care center on u.S. #1. He stated they are going to lose that parking anyway because of design standards. He stated DOT agreed to put in curbs for them so they could put a driveway right up to the door. He stated there are very few businesses that don't have alternate parking. Councilman Hays asked if the $26,000 per accident was the total cost. Mr. Hagen informed him the $26,000 is the total cost and he explained what is covered under this cost. Councilman Hays asked Mr. Hagen if he has budgeted in the design and plans, more money for the aesthetics, maintenance and appearance of the medians. He stated there would be no change to the medians other than striping would be added to make a 22 foot median. Page -4- Council Regular Meeting December 19, 1994 .., ...." Councilman Hatfield spoke about Mr. Newell's son having a business. He went on to speak about Ocean Avenue being a serious problem. He feels we need a traffic light with the school pulling out of there, the church pulling out of there, and the size of the Post Office is being doubled or tripled. Mr. Hagen informed Councilman Hatfield he would ask DOT to look at this. He stated they would do a traffic study at Council's request. Councilman Hatfield went on to speak about the day care center. He expressed concern about a day care center being on the highway. Councilman Hatfield stated he was apprehensive about giving a resolution tonight. There was a discussion regarding the parking at 218 N. Ridgewood Ave - Wings & Things and a thrift and gift shop. Councilman Mitchum arrived at 7:55 p.m. Mr. Hagen stated he drove from Orange Avenue to New Smyrna Beach at 11:00 Friday morning and there were four vehicles parked on the side of u.S. #1. Councilman Hatfield spoke about an alternate road west of town to lessen the traffic on u.S. #1. Mayor Hayman elaborated on the plans for this road that have been discussed at the Metropolitan Planning organization. Mayor Hayman spoke about property he owns on u.S. #1. He has real concern with the businesses not being able to come into Edgewater due to inadequate parking if the parking is eliminated from u.S. #1. Mayor Hayman spoke about finding out how many businesses will have this negative affect and how the City should go about easing the burden. Mr. Hagen stated DOT has analyzed this from a standpoint of looking at the businesses and seeing what businesses will lose what parking they have now. There are three businesses that have a potential: a bar, a day care center, and the Fashion Patch. Mayor Hayman asked if there was a motion for approval, disapproval of some other alternative. City Manager McMahon requested Mayor Hayman change that from a motion to a resolution to approve or disapprove it. Councilman Hays made a resolution that this be delayed until they can work with DOT and have a better grasp on the economic impact of the businesses in the affected area. Mayor Hayman suggested Mr. Hagen be there when the report comes back so this can be gone over collectively and resolved. Mr. Hagen asked this be resolved at the next meeting. A. Deanie Lowe. Countv Supervisor of Elections. re: Uniform election date leqislation. This item was moved up on the agenda. Deanie Lowe, Supervisor of Elections, made a presentation regarding the savings and benefits of going with the uniform election date. Page -5- Council Regular Meeting December 19, 1994 ...., ......, Ms. Lowe spoke about the Elections Committee and the matters they discussed. Ms. Lowe commented on the opt out provisions and if the city does not opt out, when the legislation is passed the City Charter would be changed so the elections would fall in the odd numbered years. Mayor Hayman opened the public hearing. Mayor Hayman spoke about the items included in their packets regarding this matter. There was a discussion regarding if the City went with the uniform election date, the election having to be held a year later so the City would fall in odd numbered years. Councilman Hatfield explained why he likes the idea. He feels the City should hold public hearings to let the public know what is being done. Councilman Hatfield made a motion to support Ms. Lowe's request, second by Councilwoman Martin. City Attorney storey explained the legislation draft, if the City were to opt out, would require an ordinance. Our typical ordinance procedure would require a first reading followed by a public hearing. Councilman Hatfield stated he doesn't want it to come out in any way that by the Council supporting this that they are doing this just to extend their terms of office. Councilman Hays spoke about the response from the survey regarding Edgewater coordinating its city elections with Volusia County. The motion CARRIED 5-0. Ms. Lowe thanked Chief Schumaker for his help during the election this past season by providing traffic control at the school that was used as a polling place. C. Retrofit proqram. aqreement and funding for liqhtinq upqrade in city facilities Public Works Director Hugh Williams gave a presentation regarding the Lighting Upgrade Policy Act of 1992 Mayor Hayman spoke about Stetson university converting to this retrofit program and achieving savings by doing this. Mr. Williams stated there is an auction coming up in March where the old fluorescent lamps will be sold so some funds will be generated out of this. Councilwoman Martin made a motion to approve this program, second by Councilman Hays. Councilman Mitchum stated he noticed the money was coming from the self-insurance fund and asked if the City is alright with this. Finance Director Fred Munoz explained the financial aspects of this program. City Manager McMahon explained the money that has been removed from the self-insurance fund for the purposes of the City borrowing the money is all committed and obligated to be paid back with interest. Page -6- Council Regular Meeting December 19, 1994 '-' ...",,; There was a discussion regarding the interest rates. The motion CARRIED 5-0. Mayor HaYman asked when the program would start. Mr. Williams stated his understanding is between the middle of January and the end of January. There was a five-minute recess at this time. D. Discussion of Volusia County Beach Report with city's representative Jeff Lanqe Jeff Lange, Queen Palm Drive, explained why the beach report was created. He stated this was put together by County staff and they asked the Beach Management Department for their input. Mr. Lange explained County Manager Dick Kelton asked the representatives to go to their cities and bring questions back to them. Mr. Lange informed Council to call the County Manager's office at 423-3860 and Charlene Weaver at 423-3867 in two weeks with any questions they may have. Mr. Lange explained he would be back at the next meeting with the results of their questions and he would take that to the Beach Trust meeting on January 12th and it will be discussed by the County Council on January 19th. Councilman Hays reiterated on his discussion with Mr. Lange. Mayor HaYman presented a summary of what the Council is supposed to do. There were no objections from Council. Mr. Lange explained there are certain areas in the report that the County Staff doesn't need to have any opinions on. Mr. Lange presented an update on the issue of the Beach Rangers. Mr. Lange spoke about spending more money on current minimum standards for turtle control, a long range parking park, decreases in operations, and ramp closures. Councilman Mitchum stated he would like to take the report and read it and then Council can ask the questions about what needs to be addressed. Councilwoman Martin stated she would like a list of Mr. Lange's concerns. He agreed to get them to Council within a couple of days and they could discuss this at the January 9th meeting. Mayor HaYman thanked Mr. Lange for his presentation. E. Request for donation for proiect Graduation City Manager McMahon stated at budget time, Council asked the amount put in there for this type of thing be budgeted at a level of $3175 but each request come back to Council for justification and presentation. Margie Atkinson, 2420 Kumquat Drive, Chairman, New Smyrna Beach High School, Project Graduation, made a presentation on this donation request. Mayor HaYman asked how much was donated last year. Ms. Atkinson stated she believed it was $500. She stated Oak Hill has donated $350 and New Smyrna Beach has donated $500. Councilman Hays made a motion to donate $400, second by Councilman Hatfield. The motion CARRIED 5-0. Page -7- Council Regular Meeting ....... "'-'" December 19, 1994 F. Reauest for donation for Volusia County Mediation Services Judy Carroll, Executive Director of Mediation Services, made a presentation regarding her donation request. She briefly explained what their organization does and how they have helped the citizens in Edgewater with mediation hearings. City Attorney Storey explained Mediation Services was very helpful and cooperative with the S & E Construction claims. Mayor Hayman expressed concern with this not being appropriate because of the work done on the CIP. He asked if it would be appropriate to earmark some of the monies that we are getting for retainage to help pay for that. City Manager McMahon explained the City is going to ask, before long, based on the progress we have not had with S & E, to set up an additional liquidated damages account but he doesn't believe that technically this would fall into that in terms. of legally being disputed which it ultimately probably will. City Attorney Storey agreed with City Manager McMahon. She explained that the City could maybe make a renewed request to S & E advising them that this was to their benefit as well that mediation services interceded. City Attorney Storey suggested forwarding a request that S & E participate in some funding for this program. There was a discussion regarding the amount to be donated. Councilman Hatfield made a motion to donate $275 to the Volusia County Mediation Services, second by Councilman Hays. The motion CARRIED 5-0. G. Petition re: ducks living in City ponds Marcia DePew, 1212 Bond street, presented Council with a petition regarding the ducks living in the ponds in Edgewater. Mayor Hayman read the petition. Ms. DePew stated she also had a letter from a gentleman who is willing to take the ducks to West Virginia. Ms. Depew read the letter. She went on to speak about saving the ducks. She explained half of the people that signed the petition have no use for the ducks and the other half are people that really care what happens to the ducks. Councilwoman Martin asked if the people would help in collecting the ducks. Ms. DePew informed her she would go around and see what kind of help she can get. Ms. DePew presented a letter to Mayor Hayman from Harry Bosley, Fort Askie, West Virginia, volunteering to move the ducks. city Manager McMahon stated fowl and animals comes under the jurisdiction, protection and containment of the Game and Fresh Water Fish Commission. Police Chief Schumaker feels the City needs to make a decision as to whether they will have ducks or not because as long as you have two ducks you are going to have more ducks. He stated it is no incredible problem to relocate them. Councilman Hays commented on part of the problem being people feeding the ducks. Page -8- Council Regular Meeting ~ ~ December 19, 1994 Councilwoman Martin feels if the killing of the ducks continues, they should be removed. She feel the Game and Fresh Water Fish commission should be contacted. Ms. DePew stated she contacted the Game and Fresh Water Fish Commission and they told her to shoot the ducks. City Manager McMahon agreed to ask the Animal Control Officer to coordinate with the Game and Fresh Water Fish Commission to see what we have to do to get their help. Police Chief Schumaker agreed to speak to Robin Feger. Councilman Hatfield feels getting rid of them is going to be the easy part. wild ducks come and they will come again. He asked that once they take care of this problem, no one feed the ducks. Mayor Hayman thanked Ms. DePew for her concerns. H. Steven C. Levine re: Ord. 88-0-29 vacatinq portion of Guava Drive & alley Jackie Levine, 1818 Fern Palm Drive, gave a presentation regarding the hardships caused due to the vacation of a portion of Guava Drive and a 15 foot alley. City Manager McMahon explained this property is no longer owned by Perry Barrett. community Development Director Mark Karet explained the history of this property since 1988 and what has and has not occurred. Mr. Karet commented on the options that can be done with this property. Councilman Mitchum stated he started this as a Councilman and then it ended when he was Mayor. He spoke on the concerns that were discussed back in 1988. Councilman Hatfield asked who owns this property at this time. Mr. Karet explained according to the last recorded information in Volusia County records is that Ponderosa Homes - Mr. Barrett purchased it in 1989. He stated there have been no recorded sales since then. He went on to say transfers have and do occur that do not get recorded. City Manager McMahon spoke about a letter he wrote about 2 1/2 years ago regarding this. He explained it was in response to a request he had to pave that alley. There was a discussion regarding when this issue was talked about when it was originally brought up. Councilman Hays suggested approaching this and go back to square one and make sure everything has been looked at. city Attorney Storey feels the City should formally request that Mr. Barrett comply with giving the City the property or revoke the vacation ordinance. Councilman Hays expressed concern about making sure these people have access to their facility and that is not denied or blocked because of this. Ms. Levine stated all she wants is access to her property whether it is through 449 or Indian River Blvd. Page -9- Council Regular Meeting December 19, 1994 W' ....., city Attorney storey explained in terms of justifying a revocation of that vacation, one of the criteria is that you don't vacate a right-of-way because someone did not have access to their property. City Attorney storey agreed to draft a letter to Mr. Barrett formally requesting that he comply and then continue from there. Mayor Hayman stated in the meantime, we should not expect to see barricades. Ms. Levine asked a letter be written that it remain open until this is resolved. Mr. Karet agreed to have a discussion with Helen Lovell of Lovell Real Estate regarding the barriers. Councilman Mitchum asked who the owner is of lot 449. Mr. Karet stated the last recorded sale was to Perry Barrett in 1989. He stated sometimes transfers occur that are not recorded. city Attorney storey stated there is no obligation to record a document. She stated this is one of the issues in litigation. Councilman Mitchum asked who Helen Lovell is listing the property for. Is she listing lot 449? Mr. Karet explained she is listing the property that now fronts Indian River Boulevard from a gentleman who somehow received the property from Mr. Barrett. There was a discussion regarding ownership of this property. Mr. Karet stated the heirs to Mr. Hamel now hold the property that is being discussed. Ms. Levine questioned whether or not the original site plan is still good. Mr. Karet stated the problem with that is that it would cause a delay with getting the gas tanks in the ground. Mayor Hayman presented a summary of what was discussed up to this point. It was decided this would be brought back at the January 23rd meeting. Councilman Mitchum discussed filing something that would stop any movement on this property between now and the time this is resolved. He stated by the past minutes this is part of an agreement which as far as he is concerned the City owns that section of property. City Attorney Storey agreed to pursue that. Councilman Mitchum stated if what we gave up to gain the other is now in question, then he wants that piece of property popped too. City Attorney Storey questioned why the alleyway didn't revert half of the lot to the east and half to the west. Mr. Karet elaborated on this. Councilman Hays expressed concern about wanting the gas tanks placed in the ground or removed. Mr. Karet stated Mr. Patel is working diligently to have the tanks placed in the ground. He explained Mr. Patel purchased the property from Sides and they have gone through the process certifying to us that the tanks can in fact be placed on the property. He stated if it was up to Mr. Patel, those tanks would be in the ground already. Staff is raising concerns about fiberglass tanks sitting in the sun for three years. city Attorney storey went over the process that she is going to follow to attempt to get this matter taken care of. Mike Coleman, 1814 Fern Palm Drive, spoke about fire protection and FPL access to that alleyway. He explained this has just recently been brought up. He spoke about various properties being affected by the alleyway. Page -10- Council Regular Meeting December 19, 1994 '- .... Ms. Levine asked if she would be notified. City Attorney storey stated if we are fortunate enough to solve this some other way and it will not appear on an agenda, she would also keep her informed. I. ADDointment to Police Pension Board due to eXDiration of term of Ruth Garvey. who reauests reaDDointment Councilman Hatfield made a motion to reappoint Ruth Garvey, second by Councilwoman Martin. The motion CARRIED 5-0. J. Police evidence building final Day reauest and waiver of liauidated damaaes City Engineer Fegley explained Cornerstone Building Systems Inc. has requested final payment. He explained the amount of $270.31 on the agenda request should be $267.55. The amount of the final pay request is $24,466.45. City Engineer Fegley explained three items of contention between the City and Cornerstone Building Systems Inc. City Engineer Fegley recommended payment of $24,466.45. There was no one present from Cornerstone Building Systems Inc. Councilman Mitchum made a motion for approval, second by Councilman Hays. The motion CARRIED 5-0. K. Retainina Dean. Rinaers. Moraan and Lawton to reDresent city in Rita Malone v. city of Edaewater. S & E Contractors. Inc. and Elizabeth Fenical city Attorney Storey presented the background involved with this case. She went over the necessity to hire outside counsel. City Attorney Storey requested Council authorize formally retaining the firm. City Attorney Storey stated the Mayor was served on Thursday with another lawsuit as a result of S & E. She explained the reason for this lawsuit. City Attorney Storey again recommended Council authorize the firm of Dean, Ringers, Morgan and Lawton be retained to represent the City on these matters. Councilman Hays asked if any injury reports were received stating what the injuries were for these cases. city Attorney Storey elaborated. There was a discussion regarding the plaintiff having to prove the case. Councilman Hays feels the City needs to take a firm position. He feels the City needs to make a statement in general as to where they stand. Mayor Hayman explained why he feels the interest of the community needs to be protected. City Manager McMahon stated the City paid a heavy price on the contract and a substantial portion of that was in regards to the indemnity agreement because they had to purchase insurance for it. Page -11- Council Regular Meeting December 19, 1994 '-' ...., Councilman Hays questioned having to sue S & E. City Attorney storey stated Mr. Flood is attempting to convince S & E it is their responsibility under their contract and part of our pleadings will be that this is not the City's responsibility. Councilman Hays stated if the City is dragged into this, we would certainly have the right to sue for the City's cost. City Attorney storey stated right now we are holding some of their money. Councilman Hatfield made a motion to retain Dean, Ringers, Morgan and Lawton to represent the City for the Malone and Narcisse cases, second by Councilwoman Martin. Councilman Hays discussed the Narcisse case. City Attorney storey stated the plaintiff will be required to provide us with documentation of what happened. The motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS FIRST READING: A. Res. 94-R-29 re: Establishinq fees for development reviews. permits. and inspections Mayor HaYman presented the background of Ord. 94-0-26 which adopted the new Land Development Code and the need for Res. 94-R- 29 which establishes a schedule of fees to cover the costs of technical and administrative activities required by the Land Development Code. Mr. Karet gave a presentation on the new fee schedule for the City. He explained many of the fees that are contained in the resolution are brand new. Mr. Karet spoke about the process taken per Mr. McMahon's direction in creating the fees. The goal was to get as close to 100% cost recovery as possible within the context of what is feasible given the existing fees and the fees charged by surrounding communities. Mr. Karet went on to speak about the fee schedule. There was a discussion as to who reviewed this resolution. Mayor HaYman elaborated on his reasons for questioning who this was reviewed by. Mr. Karet explained the fee schedule was developed in order to meet the time frame associated with the Land Development Code. He feels an internal decision needs to be made about what is the proper level of cost recovery for the Building Division and our other reviews and inspection services and to make sure we aren't too out of line from neighboring communities. Mayor HaYman expressed concern about not hearing anything from those that this is going to affect. Councilman Hays spoke about a meeting they had with the builders. He spoke about an increase in services. He doesn't see a problem with moving on with this. Councilwoman Martin spoke about businesses asking their customers as to what amount to charge. She feels it is up to the business person to determine what is feasible. Page -12- Council Regular Meeting December 19, 1994 "w '-' City Attorney storey explained the public hearing requirements. She stated currently we are not recovering any of the costs for advertising. She stated we don't come anywhere close to recovering the costs in our current fee schedule. Mayor HaYman feels it is our business to consult the clients about raising fees. He stated he is suggesting that they need to be consulted and this needs to be advertised. He feels we owe that to the business community. Steve Dennis, Chamber of Commerce, spoke about helping Fire Chief Vola develop a legislation, develop the fee structure, and figure out what things needed or didn't need to be in there. Mr. Dennis stated as far as the new portion that has been presented by Mark, they have not seen any of that or participated in the process. He stated they would like to take a look at this. He stated if this is passed tonight, the Chamber couldn't have any say in it. There was further discussion regarding speaking to the community about how much to charge. Mr. Karet explained surrounding fees were looked at so they wouldn't be accused of being way out of line. Mr. Karet spoke about the unrestricted revenue collected for building permits. He spoke about the services provided by the Building Division. Mayor HaYman thanked Mr. Karet for his presentation. Mayor HaYman read Res. 94-R-29. Councilman Hays made a motion to approve Res. 94-R-29, second by Councilwoman Martin. Mayor HaYman stated he would prefer to have this sent to the BTRAB with comments from them regarding this fee and also solicit commentary from the EDB as well as the Chamber. Councilman Hatfield stated his biggest concern when he looked at this originally was how this compares to other cities. We have to be fair and equitable and in line with the surrounding cities. He commended Mr. Karet for the work he has done justifying these prices as opposed to what other cities are doing. The motion CARRIED 4-1. Mayor HaYman voted NO. SECOND READING: (PUBLIC HEARING) B. Public hearina on Fong Development Aareement re: property between U.S. 1 and Indian River Laaoon south of Palm Breeze unrecorded subdivision Mr. Karet presented a summary of the proposed development agreement for the Fong property. He stated Philip Fong is present to represent his parents. Mr. Karet presented the background of the proposed agreement. He explained Mr. Fong has asked for an extension of 100 feet of the commercial portion of his property. Mr. Karet spoke in regards to the change that occurred at the LDRA. Councilman Hatfield stated his only concern was the road and being that is a private road we would not accept that into the City until such time as it was paved. Mr. Karet spoke about why Mr. Fong does not want to build this road to city standards. Page -13- Council Regular Meeting December 19, 1994 'w" ...., Mr. Karet explained the agreement with Ranken and the agreement with Mr. Fong. Mayor HaYman spoke about creating a double standard. He feels we are dealing with different things in different ways. He has an aversion to approving this because there are going to be other people who want to create developments and we are going to put requirements on them. He feels there has got to be a time and place to bring this up to standard. Mr. Karet spoke about Ranken Drive being part of an annexation agreement. City Manager McMahon suggested having a standard to deal with anything on a very narrow basis that Council may want to consider. He stated if there were criteria that had to be met, they would be looking at each one in accord with the policy. Councilman Hatfield stated maybe from this point the line has to be drawn and you have to say this is where this ends. Councilman Hays spoke about this being a private road. Mr. Karet elaborated on Councilman Hays' comments. Mr. Karet spoke about the buffer area and protecting the wetlands. Mayor HaYman opened the public hearing. Philip Fong added the history of this agreement. He spoke about the private road being a shell road. He spoke about his property being annexed into the city and trying to work things out with his neighbors and City staff. Councilman Hays asked Mr. Fong if he had any plans or ideas with the commercial portion of his property. He stated not at this point. william Hlywa, 3014 pine Tree Drive, stated this is a unique development. He questioned the time frame to build these three homes. He expressed concern about the property adjoining throughout u.s. #1 and it also goes over to the wetlands at Mosquito Lagoon. Mayor HaYman asked City Attorney storey if the fact that the plans for future use of the land are not to remain is the issue. city Attorney storey stated the only future planning designation is in the zoning of the property. Mr. Karet explained where Mr. Hlywa's concerns and stated the development agreement is good for ten years. Mr. Hlywa commented on the improvements to this property such as shell road, water and sewer. He spoke about the sewer and road assessment and he wants to make sure Mr. Fong gets the same assessments he did. Norman Daniels, 102 Palm Breeze Drive, objected to allowing the development agreement. He expressed concern with protecting his property with a buffer. There was a discussion regarding Mr. Daniels' property. Mr. Karet stated Mr. Daniel's did not contact City staff until after the first hearing. That is why this issue was not accommodated in regards to the first time. He stated the 25 foot buffer was not an additional buffer. It was 25 feet of screening within that buffer that would remain solid vegetation. Page -14- Council Regular Meeting December 19, 1994 "W '-" Mr. Fong further commented on the buffer area issue. He spoke about built in protections within the zoning code. Mayor Hayman clarified what Mr. Fong spoke about. Mr. Karet explained we are in the process of changing all our standards in regards to the development, which is the second part of the Land Development Code. He stated one of our proposals will be to increase the buffer area between commercial and residential property. Mr. Fong stated Mr. Daniels would have an opportunity when it comes to the development of the commercial portion, at which time he would have the opportunity to address any specific problem. Mr. Fong commented on a 30 foot utility easement. Sheila Gothrode, 2401 Sword Fish Lane, stated she does not want a paved road. She thinks there are some issues that have not been addressed specifically that she is concerned about which she addressed at this time. She is concerned about a worse case scenario. She expressed concern with why we need a 25 foot buffer along the easement. She then spoke about him being able to extend his commercial property. She feels this is a workable plan. She stated there are additional commercial properties to the south and if this is going to be used for stormwater management, then only for the commercial property that is involved in this development, not allow other developments to use that land for stormwater management. Mr. Karet addressed language that has been added to the development agreement, the buffer area issue, and the stormwater being used by other individuals. Mr. Fong stated he is making every effort to satisfy the neighbors. He commented on the City using some of the buffered area for retention. Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to approve the Fong Development Agreement, second by Councilman Hays. The motion CARRIED 5-0. UNFINISHED BUSINESS A. Deanie Lowe. Countv Suoervisor of Elections. re: Uniform election date leqislation This item was discussed earlier on the agenda. B. "Tour of Homes" fund raisinq oroiect for 26 acres Parks and Recreation Director Jack Corder requested this be placed on the next agenda due to the time and restraints that will be discussed. It was the consensus of the Council to discuss this at the next meeting. COUNCIL/OFFICERS REPORTS city Attorney City Attorney Storey had nothing at this time. city Manaqer City Manager McMahon had nothing at this time. Page -15- Council Regular Meeting December 19, 1994 ......... .." ~ Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Havs Councilman Hays spoke about Council throwing candy in parades. He asked Council to support him in his motion to allow candy to be distributed by the Councilmembers in the parade, second by Councilman Hatfield. There was a discussion regarding who will be allowed to throw candy in the parade. Councilman Mitchum spoke about throwing candy in a parade being tradition. The motion CARRIED 5-0. Councilman Hays asked for an update on the bus stops that were discussed at the next meeting. City Attorney storey explained to Councilman Hays where they are with this. She stated the agreement has now been signed and he is ready to proceed. Councilman Hays spoke about wanting to deal with the derelict buildings. Councilman Hays commented on the qualifications of City Attorney Storey. Councilman Hays wished everyone a Merry Christmas. Councilman Mitchum Councilman Mitchum wished everyone a Merry Christmas. Mavor Havman Mayor HaYman spoke about prioritizing derelict buildings. He would like some feedback within 90 days. Mayor HaYman spoke about asking Votran to come to this region to do a study to determine the roots we want in our area. Mayor HaYman spoke about reapportioning the voting of the MPO. The bylaws committee suggested to the MPO that we have a one city one vote concept. He stated they are trying to work on a compromise. Mayor HaYman stated he would report back after negotiations. Councilman Hatfield Councilman Hatfield asked City Manager McMahon to ask Mosquito control to clean out the ditches in Edgewater Acres. He feels this needs to be looked at. Councilman Hatfield wished everyone a Merry Christmas. QUESTIONS FROM PRESS There were no questions from the press at this time. CITIZEN COMMENTS Galen McClain, 3119 Queen Palm Drive, declined the Mayor's offer and stated he valued his personal safety. Page -16- Council Regular Meeting December 19, 1994 .' "w ~ ADJOURNMENT There being no further business to discuss, Councilwoman Martin made a motion to adjourn, second by Councilman Mitchum. The meeting adjourned at 11:59 p.m. Minutes submitted by: Lisa Kruckmeyer Page -17- council Regular Meeting December 19, 1994