Loading...
12-05-1994 - Regular ,. '-' ..., CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 5, 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. Mayor Hayman requested Item 7A Ord. 94-0-27 - Second Reading be moved up on the agenda after citizen Comments. There was no objection from Council. 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 Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Father Campagnone, Retired from Roman Catholic Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular meetinq of October 17, 1994 Councilman Hays made a motion to approve 17, 1994, second by Councilwoman Martin. Councilman Hatfield abstained due to not time. the minutes of October The motion CARRIED 4-0. being on Council at the Special meetinq of November 9, 1994 Councilman Hays made a motion to approve, second by Councilwoman Martin. The motion CARRIED 4-0. Councilman Hatfield abstained. CITIZEN COMMENTS Mayor Hayman asked the citizens to limit their remarks to agenda items for the first citizen comments. Other matters can be addressed at the second citizen comments. Richard Houghton, 2707 Yule Tree Drive, Commander of American Legion, reminded Council that they gave them permission to run a program to select the Police and Fireman of the Year. He stated this has been completed and the plaques have been ordered. He asked to present these plaques at the 1st Council meeting of 1995. It was the consensus of the Council to allow this to be placed on the January 9, 1995 agenda. Dominick Capria, 606 Topside Circle, asked to have more agendas printed. '-" "'WII Jimmie Newell, 2450 S. Ridgewood Ave, Carters Motel & Trailer Park, expressed concern about stormwater runoff. He stated he takes care of the stormwater drainage inside his place and the county takes care of it north of south of him. He doesn't see what he is getting for the money he is paying for the stormwater runoff. He would appreciate council to look into this. Monseigneur Francis Campagnone, Retired Priest, wildwood Subdivision, thanked everyone for the work they did getting the flooding problem under control within 2 to 3 days. He also thanked the Volunteer Fire Department for their evacuation efforts. Ernest Binegar, 215 Lone pine Drive, stated he has been working with Kyle Fegley and Jerry Proctor concerning a catch basin at the end of Lone pine Drive. He wanted to know who to go to next to get some relief. He spoke about problems he has with water backing up in his yard when it rains. Mayor Hayman asked Mr. Binegar to meet with city Manager McMahon. Mayor Hayman asked Mr. Binegar for his number and address and he would make sure he gets a telephone call tomorrow. He stated we would do our best to accommodate his need. Mayor Hayman spoke on the cooperation of Wildwood Subdivision. Mayor Hayman moved up Item 7A. A. Ord. 94-0-27 Amendinq Zoninq Ordinance to permit houses of worship to exceed maximum buildinq heiqhts in the B-3. Hiqhwav Service Business District. and B-4 Tourist Commercial District Mayor Hayman presented the background of the reason for this ordinance. Mayor Hayman read Ord. 94-0-27. Mayor Hayman opened the public hearing. community Development Director Mark Karet made a staff presentation regarding the necessity for this ordinance. Mayor Hayman closed the public hearing. councilman Mitchum made a motion to approve Ord. 94-0-27, second by Councilman Hatfield. The motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS city Attornev 1) Report on Code Enforcement/Ordinance re: heavy vehicles City Attorney Storey commented on the enforcement of the prohibition against commercial vehicles parking in residential areas. City Attorney Storey stated after reviewing the section of the code, she found it is enforceable as it currently is on the books. She stated in order to address the enforcement issues, we certainly can make some improvements in that area. city Attorney storey stated in addition enforcement officer to allow the police code enforcement officers in this area. perfectly legitimate. to the one code officers to function as She stated that is Page -2- Council Regular Meeting December 5, 1994 ...,. ...., city Attorney storey enforcement process, violator is given to enforcement. explained the procedure for the code how to shorten the amount of time the abate the violation, and how to increase Councilman Hays stated he brought this up originally, not to address "commercial vehicles," but to address the semi trucks specifically due to the damage they do to the roads and complaints he has received over the past few years from people with trucks parked in their neighborhoods. He feels the definition of heavy trucks needs to be defined. Councilman Hays feels repeat offenders are the biggest problem the City has. He spoke about wanting to issue a "parking ticket," such as other cities do. City Attorney storey stated she used the term commercial as a shorthand. The current ordinance talks about the weights of vehicles over one ton and over one and one half ton. City Attorney storey explained the issue of citations is one of the things that was discussed and that was why the Police Chief was participating and raised the question about whether we could utilize the same traffic citations that the Police Department is currently using. She stated the uniform traffic citations are for the enforcement of state statutes. Councilman Hays commented on the problems being on weekends and holidays and feels the policeman would be more likely to see the problems. City Attorney Storey stated with Council's approval the police officers can be designated as code enforcement officers and they can pursue the problem. Councilwoman Martin asked if there should be signs limiting the tonnage. She was informed we do. City Manager McMahon spoke about the compliance time period. He feels the person should be warned first and then cited. Councilman Hays feels we need to protect the streets and we need to let the people know that we are really going to start enforcing this and we need to have some alternative parking for them. There was a discussion regarding whether a truck that is over the weight limit that is driving on a city street can be given a ticket. Chief Schumaker stated the trucks have to be observed and the ones that are parked are a dead violation. Councilman Mitchum wants to be able to protect the millions of dollars in sewer and paving that was put in these roads. He feels we need a mechanism to write them a ticket and enforce that. He feels this needs to be put into action. There was a discussion regarding the procedure of issuing violations and the formal code enforcement citation notice of violation process. There was a discussion regarding stricter enforcement. There was a discussion regarding the vehicles having to be moving before a violation being issued. Councilman Mitchum spoke about protecting the streets and the sewer. Page -3- Council Regular Meeting December 5, 1994 '-' ..." Chief Schumaker stated anytime the officers see a Florida Statute violation, they can write a citation for that. He spoke about training two officers to use a code type of enforcement. Mayor Hayman clarified the first infraction would be a warning, 24 hour notice if the infraction is not corrected and then it becomes a citation. Councilman Hays stated the first violation would go to Code Enforcement. city Manager McMahon stated the reason he suggested 48 hours is that there are occasions where someone comes home on a Friday night and may not even be at home until Monday morning when they come to pick the truck up. Councilman Hays asked the newspaper to help with a notice of intent so there would be no questions asked. city Manager McMahon commented on an alternative parking area. He suggested looking at this city-wide. He agreed to look at this and report back to Council. Mayor Hayman spoke about the MPO looking into a park and ride program to be paid for with federal funds at Winn Dixie and Publix. Councilman Hays spoke about the semi trucks parking out by I-95 on SR 442. He suggested looking into an area on the properties located out by I-95. City Manager McMahon stated he didn't have any problems looking into it but there 1S another issue which is how far you go with the use of public funds to provide private enterprise services. Mayor Hayman spoke about Edgewater becoming a trans shipment point. Mayor Hayman stated there is a definite need to organize the trans shipping and transportation industry needs in this area. Councilman Hatfield commented on other trucks besides Coronado Paint trucks parking on their property. He suggested networking with some of the companies in Edgewater. city Manager McMahon suggested using public funds to lease industrial property until the property becomes developed or sold. Mayor Hayman elaborated on Councilman Mitchum's suggestion of having the first notice as a courtesy notice, a 24 hour time frame in which to correct the infraction, if the condition has not been corrected, there will be a citation issued. city Manaqer city Manager McMahon commented on the preliminary assessment of the flooding conditions that occurred as a result of Tropical Storm Gordon. Mayor Hayman had a problem with the document being dated November 30th and him not receiving it until tonight. City Manager McMahon wants to go into more depth on the preliminary assessment in the future because the problems need to be addressed and an action plan made. Mayor Hayman asked for a consensus from Council on when we can sit and work on the action plan. councilman Mitchum feels they should continue on this at the 2nd meeting in January. Page -4- Council Regular Meeting December 5, 1994 .. ...." CITY COUNCIL Councilman Hays Councilman Hays commented on the check received from Dr. Diefenderfer in the amount of $1,000 earmarked for the Parks and Recreation program. Councilman Hays stated he would like to know the progress of the Parks and Recreation Program. Parks and Recreation Director Jack Corder elaborated on the fund raising project for the Tour of Homes. Mr. Corder informed Council this will be brought up at a Council meeting for discussion. Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman commented on an invitation from the Water Co-op inviting the city to participate in the Water Cooperative as a non-voting participant. Councilman Mitchum is not willing to have another bureaucracy but he does support the Mayor's efforts. Councilman Hays agreed. Mayor Hayman stated he would report to Council with respect to the negotiations that go on. Councilman Hatfield Councilman Hatfield had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. CONSENT AGENDA A. Police Chief's request to transfer $1,000 from Fla. Contraband Forfeiture Trust Fund to Police Department B. Extension of Employee Assistance PrOGram with ACT Corporation C. Interlocal AGreement with Port Authority for fundinG of Kennedy Park Seawall Renovation D. Cellular One Aqreement for Fire Department Mayor Hayman read the consent agenda. Councilwoman Martin made a motion to approve the consent agenda, second by Councilman Hatfield. The motion CARRIED 5-0. NEW BUSINESS A. Quentin Hampton Associates report on road improvement prolect Mayor Hayman asked city Manager McMahon if they had for distribution a handout from Mr. Fernandez. He stated he believed Council was given the handout of their proposed action plan. Due to the council not receiving the proposed action plan, City Engineer Fegley had extra copies which he distributed to Council. City Engineer Fegley gave an overview of what Quentin Hampton has done up to this point. He explained Quentin Hampton will provide a menu of options to select as alternatives to the base bid. Page -5- Council Regular Meeting December 5, 1994 ,." """" city Engineer Fegley stated their agreement ends and an based upon the magnitude of selected alternatives. this is where the current addendum to additional cost will be incurred the work required to employee the city Engineer Fegley stated what Quentin Hampton will present will be covered under the addendum to their agreement for a fee of $5,010 and this direction is requested of council tonight. There was a discussion regarding DRMP's remaining account and the additional fees that will be incurred or will be assessed through Quentin Hampton's efforts until an appropriate alternative is selected. Rick Fernandez, Quentin Hampton Associates, went over the Action Plan for the road improvement project and asked for Council's consideration. Mr. Fernandez commented on the contract addendum. There was a discussion regarding the revised addendum 1. Mayor Hayman expressed concern about not having a copy of the revised addendum 1. There was a discussion regarding whether this will come from the funds still owed to DRMP or if this is additional funds. city Manager McMahon explained this would be an additional $5,010. Mayor Hayman spoke about the importance of value engineering for the project. councilman Hays asked to continue the approval of the $5,010 at the next meeting. It was the consensus of Council to hold a workshop on January 18th. Mayor Hayman asked Council if they had a problem with Mr. Fernandez answering questions from the citizens. They did not. Mario Diorio, 1823 Evergreen Drive, asked if the City would have the option of purchasing the equipment and paving the streets themselves. He spoke about the city being divided. Mr. Fernandez stated they would be glad to provide an estimate for the time and materials associated with the City developing the crews and expertise to build the roads. Mayor Hayman stated to his knowledge there were never any instructions given to DRMP or Quentin Hampton to develop costs for pursuing the City paving its own roads. There was further discussion regarding the City paving the roads. Dr. Charles Gebelein, 1730 Umbrella Tree Drive, asked if Quentin Hampton received the material from DRMP. Mr. Fernandez informed him they received a disk a couple of days ago. Councilman Mitchum asked who is going to sign and seal this. Mr. Fernandez stated the design documents have been signed and sealed by DRMP. The addendum will be issued by the city and Quentin Hampton would sign off on the changes made to the original. Mayor Hayman urged the citizens to look at the presentation charts of the action plan. There was a five minute recess at this time. Page -6- council Regular Meeting December 5, 1994 .. ,.." B. Police Chief's request to purchase four Police packaqe 1995 Crown victorias from Don Reid Ford at $17,692 each usinq Fla. Sheriff's bid prices Councilman Hays made a motion to approve this request, second by Councilwoman Martin. The motion CARRIED 5-0. C. Amended by-laws of Parks and Recreation Board Parks and Recreation Director Jack Corder commented on the changing of the day of the month for the meeting for the Parks and Recreation Board. Councilman Mitchum made a motion to approve the amended by-laws of the Parks and Recreation Board, second by Councilman Hays. The motion CARRIED 5-0. D. Waive purchase requirements when dealinq with vendors for equipment/supplies and/or services that are routine and recurrinq in nature City Attorney Storey made a presentation regarding waiving the code requirements for a list of vendors who supply items on a daily basis. Councilman Mitchum made a motion to approve this waiver request, second by Councilwoman Martin. The motion CARRIED 5-0. E. Robert POqq request for assistance for people havinq problems payinq taxes City Manager McMahon presented his comments on Mr. pogg's letter. City Manager McMahon stated this wasn't something that needed to be approved tonight due to liability and financial ramifications. He stated if an opportunity is given to Mr. pogg it will also have to be provided to others in the community and that will required a budgetary amendment. City Manager McMahon commented on the Community Development Block Grant. city Manager McMahon admired Mr. pogg for his request and asked if Council is going to consider this, that he and City Attorney Storey consider looking at the liability and funding aspects and come back to Council with a basic report. There was a discussion regarding the assistance from the County during the CIP program. There was a discussion regarding hiring temporary help. There was a discussion regarding giving preference to Edgewater residents. City Manager McMahon explained the city gives preference even when hiring permanent employees. Councilman Hays commented on Mr. pogg asking to be placed on the agenda and then not being present. F. Jerome Thomas contestinq paving assessment of parcel Jerome Thomas objected to the proposed assessment against his property for paving. There was a discussion regarding Mr. Thomas' property having no road frontage. There was a discussion regarding what his property value would be if 36th Street is extended. Page -7- Council Regular Meeting December 5, 1994 ......, ...", City Manager McMahon reminded Council they had the board of equalization meeting some time ago and this was not brought to their attention at that time. Mayor Hayman explained the equalization hearing to Mr. Thomas. Finance Director Fred Munoz commented on the board of equalization. He spoke about Mr. Thomas being billed for one equivalent lot and his assessment being reduced from one equivalent lot to .4. Mr. Munoz explained the assessment is not based on the value of the property. Mr. Munoz recommended not giving Mr. Thomas any relief on this due to this being an assessment process based on equivalent lots. There was a discussion regarding property owners who have pie shaped or odd size lots. Mr. Thomas again spoke about his property having no road frontage. He again asked Council to consider his proposal. Mr. Thomas thanked Council for the time to present his case. Councilman Mitchum stated if the street is paved up to his lot, he made a motion to deny this request to bargain for $150 and leave the assessment as is, second by Councilman Hays. The motion CARRIED 5-0. G. Paul Jenkins request for review of water utility rates Paul Jenkins, commented on the tiered water rates. He spoke about a meeting he had with City Manager McMahon, Mr. Munoz and Mr. Wadsworth. Mr. Jenkins spoke about a conversation he had with Wayne Flowers, the Attorney for st. Johns River Water Management District, regarding the tiered water rates. Mr. Jenkins commented on a larger family or business have to pay more per gallon for each additional person in order to make it cheaper per gallon for the smaller user. He feels there is no equity in the system. He feels the only fair rates are equal rates for each 1,000 gallons used. Mr. Jenkins thanked all of Staff who spoke to him about his problem. councilman Hays commented on Mr. Jenkins conversation with Wayne Flowers. There was a discussion regarding water conservation. Councilman Hays stated when the tiered system was presented, several options were looked at and he liked the tiered system. He felt it was a good mechanism to encourage the conservation of water. utilities Director Terry Wadsworth spoke about water conservation and tiered rates. He spoke about the level of service in the City being based on 100 gallons per person per day. Mr. Wadsworth commented on the rate comparison sheet he gave Council. Mr. Jenkins spoke about the first initial charge being an administrative charge. He continued to speak about the tiered rates being unfair. Page -8- Council Regular Meeting December 5, 1994 ... w Mayor Hayman spoke on the need for water conservation. He stated when Council approved this, they agreed to relook at this and have input from the citizens representing all segments of the tier. Mayor Hayman asked Mr. Wadsworth what other cities use as a tiered system. Mr. Wadsworth stated if you want to encourage conservation, flat rates aren't carefully effective in doing that. Mayor Hayman stated we understand Mr. Jenkins objections to the current system but we are concerned about the conversation. He would like to work with Mr. Wadsworth to see what other cities have done. Councilman Hays stated if Mr. Wadsworth can come to him with something that is fairer, he will certainly look at it but it has to encourage conservation. Councilman Mitchum would like this looked at in the future. Councilwoman Martin spoke on water conservation. Mayor Hayman stated they are not prepared to take what they have done and just the rates at this time. Mr. Jenkins stated the problem is not conservation, there is plenty of water here but the city is not storing it. There was a discussion regarding retaining water. H. Doris Sanders re: water line to DBCC South Campus Crossing property on Tatum Blvd. Doris Sanders explained the reasons for her request regarding being compensated in some way due to the city laying the water line across her property without asking her for permission. utilities Director Wadsworth elaborated on what happened with the County. Councilman Hatfield questioned if Ms. Sanders is the only one on that road that would be affected. Mr. Wadsworth informed him there are more homes on that road. city Attorney Storey gave her report and explained to Council ownership of the property is questionable. She stated she doesn't have any paper work and she has not spoken to the County legal staff but she cautioned Council not to take action on this request at this time. Councilman Hays suggested City Attorney Storey contact the powers that be at the County and find out exactly where we stand with this and bring this back to them. city Attorney Storey informed Ms. Sanders she would contact her as soon as she gets some information from the County and she would attempt to bring this back at the next meeting but she didn't guarantee that. I. Connie Cribbs, President of Pelican Cove West Recreation Center, Inc. request for siqn to advertise binqo, clubhouse rental, and other activities Henry Scherer, 1011 Egret Court, stated Ms. Cribbs could not be present. He explained the need for this sign. Mr. Scherer stated this would be a 3 X 3 permanent sign. Page -9- council Regular Meeting December 5, 1994 '-' ...., Mayor Hayman referred to the letter from Mr. Karet. Councilman Mitchum stated he has no problem with this. Councilman Mitchum made a motion to approve this request, second by Councilman Hays. The motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: There were no items to be discussed under first reading. SECOND READING: (PUBLIC HEARING) A. Ord. 94-0-27 Amendinq Zoninq Ordinance to permit houses of worship to exceed maximum buildinq heiqhts in the B-3. Highway Service Business District. and B-4 Tourist Commercial District This item was discussed earlier on the agenda. UNFINISHED BUSINESS A. R. P. & Lillian Davisworth request for abandonment of portion of Thomas Street Mayor Hayman presented the background of this request. Staff recommended adoption of Res. 94-R-08. Mayor Hayman read Res. 94-R-08. city Attorney further elaborated on the request made by the Davisworths. Attorney Larry Hamilton was present for any questions. Councilman Mitchum made a motion to approve this request, second by Councilman Hays. The motion CARRIED 4-0. COUNCIL/OFFICERS REPORTS city Attorney City Attorney Storey had nothing at this time. city Manaqer City Manager McMahon had nothing at this time. CITY COUNCIL Councilman Hays Councilman Hays commented on the water being placed south of the City limits. He explained this is being done to provide water service to people in those areas who are using shallow wells. Councilman Mitchum Councilman Mitchum stated he was raised in a family of twelve kids and they would have used 64,000 gallons of water a month at a rate of 150 gallons per day. Mayor Hayman Mayor Hayman had nothing at this time. Page -10- Council Regular Meeting December 5, 1994 'W. ..", Councilman Hatfield Councilman Hatfield spoke about the problems in Edgewater Acres. Mr. Raymond volunteered to accommodate Mr. williams when he goes to Edgewater Acres. councilwoman Martin councilwoman Martin had nothing at this time. QUESTIONS FROM PRESS There were no questions from the press at this time. CITIZEN COMMENTS Dr. Charles Gebelein, 1730 Umbrella Tree Drive, spoke about Florida being a peninsula and the salt water intrusion problem. He commented on alternatives to take care of salt water intrusion. ADJOURNMENT There being no further business to discuss, Councilwoman Martin made a motion to adjourn, second by Councilman Hays. The meeting adjourned at 10:24 p.m. Minutes submitted by: Lisa Kruckmeyer Page -11- Council Regular Meeting December 5, 1994