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10-17-1994 - Regular "" ....., CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 17, 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 Kirk Jones Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum city Attorney Krista storey city Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Police Lieutenant William Britain Present Excused Present Present Present Present Present Present Excused Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation at this time. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meetinq of September 12, 1994 Councilwoman Martin made a motion to approve the September 12, 1994 minutes, second by Councilman Hays. The motion CARRIED 4-0. Reqular Meetinq of September 19, 1994 Councilman Mitchum made a motion to approve the September 19, 1994 minutes, second by Councilwoman Martin. The motion CARRIED 4-0. CITIZENS COMMENTS Jim Buddy Davenport, State Farm Insurance, expressed pride and invited Council to the presentation of the Beautification Award from the Southeast Volusia Chamber of Commerce at Windview Development on S. Riverside Drive, Friday morning, at 9:30 a.m. Mr. Davenport commented on the people that live in Windview Development. George Naill, 1604 Royal Palm Drive, commented on the paving issue. He shared with Council what he has found out about the pug mill operation. He commented on the mix in place operation. He feels if the city purchases the mix in place it will save the city money. Mr. Naill asked the city to consider getting two bids: one for the pug mill operation and one for the mix in place operation. Mr. Naill passed out information. Mayor Hayman commented on the value engineering report prepared by Quentin Hampton. He stated the Council has not decided to pursue one means over another. Mayor Hayman thanked Mr. Naill for this effort. ...... ~ cliff Clark, 1818 Evergreen Drive, spoke on paving cost being exceptionally high. He stated he sees no advantage to paving the east-west streets in Florida Shores. He feels Hibiscus Drive should be paved. He commented on the savings if the city does not pave the east-west streets. Mayor Hayman presented to the City Clerk a petition that was given to him by Mr. and Mrs. Raymond. Erving & Rosa Raymond, 304 Linda street, he asked to have something done about the drainage problem in Edgewater Acres. Mr. Raymond referred to a map he had prepared and he pointed out the problem areas. He stated the drainage needs to be fixed. There was a discussion regarding the Stormwater Management Plan and the drainage problems. City Manager McMahon spoke on an engineering study that was adopted in 1990 that lists the priorities of the City. Public Works Director Hugh Williams spoke on the Stormwater Master Plan. He presented figures and spoke on the improvements that have been made. He explained the high tides make it hard for the canals to empty. Mr. Williams spoke about the people in Edgewater Acres on the west side of the tracks giving the city a right-of-way. Mayor Hayman stated the near term fix is we need to get with the property owners to get some right-of-way to go in there and create swales that will help relieve some of the pressure but not all the pressure in a worse case scenario. Mr. Williams further elaborated on this. Mayor Hayman feels getting the people in the community together to get a better grasp and understanding of the physics associated with moving the water is step one. Councilman Hays feels the people from that area should be invited to a meeting. Mayor Hayman asked if Mr. & Mrs. Raymond were supportive of Mr. Williams suggestion. Mrs. Raymond stated anything that would get something started would be a good idea. Mayor Hayman asked if Mrs. Raymond could get the people in her area to meet with city staff. Mr. Raymond stated that is Council's job. Mayor Hayman stated we can invite them to the table and it takes the other side of the table to encourage that. Mrs. Raymond stated Council would have to decide on a meeting time. Paul Johnson, 303 Linda Street, stated another problem with this is the frogs, bugs, and snakes. He does not feel he is getting any benefits from the stormwater runoff. He sees no reason why anyone that has this problem wouldn't give up a few feet of their property for a right-of-way. He feels it is a health hazard. Councilman Hays feels it is the positive attitude and willingness to get together and work out the problems that will help correct the problems. Russell Vessel, 301 Edith Street, stated if they can get to his backyard they are welcome to it. Charles Snider, 909 Flagler Ave., stated if they need to put any equipment in his side yard they are more than welcome to it. He commented on the flooding problem. Page -2- Council Regular Meeting October 17, 1994 -- 'W' ..., Edward Delahanty, 707 Flagler Ave., stated three years ago this problem was addressed, then it was Meadow Lake and now it is Florida Shores. He commented on digging a ditch and pumping water out of his backyard. Mr. Delahanty stated this is a real problem. He wants to see this problem corrected now. He stated he is available to help to get something done. Mayor Hayman stated we might schedule the first meeting and then accommodate a different time and date that way to target both interested parties rather irrespective of their availability. Mr. Williams stated he would get together with city Engineer Kyle Fegley to look at this and prepare a very rough draft of the path this will take. He will then schedule meetings and get notices out to the people who live in the area. There was a discussion regarding the time and date of the meeting. The city Clerk stated the meeting would have to be held at the Library due to the setting up of the Haunted House in the Community Center. Norman Billups, 1816 pine Tree Drive, commented on the drainage problem in Florida Shores between seven and nine years ago. Mr. Billups commented on the alarm registration Ord. 94-0-06. He stated it is discrimination against a homeowner and his right to protect his home and family from crime. Mr. Billups stated in April 1994 notification was given in the City newsletter but he hasn't heard anything since. He stated there was no notice in the New Smyrna Observer. He stated this is a classical case of entrapment politics. He requested an immediate discussion to rescind and revoke the fine of $25 and threats of a lien against a person's home. City Attorney Storey explained why we charge the fee and the circumstances under which that was done. Mayor Hayman asked the average number of alarms. City Clerk Wadsworth stated approximately three false alarms a day. Police Lieutenant Britain spoke on the response procedure for an alarm and the reason for requiring these alarm registrations. Councilman Hays commented on the statistics presented by Police Chief Schumaker and Fire Chief on false calls when this ordinance was being discussed. Mr. Billups continued to speak about the alarm installed in his home. There was a discussion regarding whether or not someone who has an alarm installed after October 1st will have to pay the $25 fee. City Attorney Storey explained if it is a new installation, there is a grace period. Frank Macewicz, 225 shangri-La Circle, commented on what he likes about Edgewater. Shannon Hudson, 2618 Unity Tree Drive, presented a petition to Mayor Hayman. She feels the city needs more activities to get children off the streets. Councilwoman Martin commented on the 26-acre park and a gentleman's interest in opening a bowling alley. Page -3- Council Regular Meeting October 17, 1994 ~ ~ Mayor Hayman commented on purchasing tickets to tour a home to raise money for the park. Mayor Hayman commented on the recreation needs of the different age groups of the children in Edgewater. city Manager McMahon commented on the tour of homes and the proposed golf course. Dan Hatfield, 231 N. Old County Road, spoke on the basketball program that is available through the Parks and Recreation Department. He commented on the soccer program. He stated there are programs available. Mr. Hatfield commented on the first budget meeting being held in January 1995 and this is something that he would like to talk about. Mario DiOrio, 1823 Evergreen Drive, disagrees with paving the side streets. He feels this will cause a pick up of speed. Mr. DiOrio thanked the Mayor, City Manager and Mr. Dunn for their help with his roofing problem. He went on to speak about re- roofs. He commented on the Building Department not having the resources or the manpower to do inspections. Mr. DiOrio continued to speak about his roofing problem. Howard Beatty, 2720 Sabal Palm Drive, stated he has a problem with drainage. He stated he will refuse to pay his stormwater fee every month unless something is done. Mayor Hayman elaborated on Mr. Beatty's problem. Mr. Beatty stated his daughter lives on the 2900 block of Orange Tree Drive and the ditch in front of her house is three feet deep. He stated when you go down to 30th street, where a City Councilman lives, his is about eight inches and water can't even go by. He asked why and stated the City isn't doing any work out there. Mr. Beatty commented on about Mayor Hayman not getting back in touch with him and Mayor Hayman clarified that he had gone by Mr. Beatty's house several times and he wasn't there. Mayor Hayman felt Mr. Beatty was publicly trying to prosecute him in the way he executes his office. He stated he has a list in the City Attorney's office with all of the people on the 2800 block of Sabal Palm Drive and S & E is still litigating everything the City has refused to pay them for. Mr. Beatty stated the biggest mistake he has ever made was moving to Edgewater. He feels he should have stayed in New Smyrna Beach because he doesn't get any help from the City. Dominick Fazzone, 302 Paradise Lane, requested to comment on Item 7B, Ord. 94-0-26 Land Development Regulations Adoption of Administrative Portion of Land Development Code. There was a five-minute recess at this time. Councilman Hays asked that the Library issue be moved up on the agenda and that Mr. Clark has asked his item be moved up on the agenda. It was the consensus of the Council to move Item 8A & 6B up on the agenda. Page -4- Council Regular Meeting October 17, 1994 ....... ....., Economic Development Board's request to execute aqreement with Clark Development/Riqht Associates (Tabled 9/26/94) Phillip Fong, Chairman, Economic Development Board, stated the agreement has been reviewed by the Economic Development Board and staff and they recommend approval of the agreement. Mr. Fong introduced Mr. Clark. Mr. Clark briefed Council on what led to the proposed agreement. Mr. Clark made a presentation of the services provided by him. He stated the cost of the first initiative - A Business Climate Analysis and Natural Linkages study for the City of Edgewater, Florida, all costs included, would be $5,500. Mr. Clark commented on the second initiative - A Tourism/Industrial Development Cooperative Opportunity Analysis and Recommendations study. Mayor Hayman stated the night the presentation was made, the Council agreed on a $7,500 fee. He questioned why the Council approved the $7,500 fee when the amount of $5,500 was discussed at an earlier meeting. Mayor Hayman asked that this be readdressed. He explained why he feels this is a regional problem. He feels we need regional participation. He would like to see other cities match what the city offers. He feels this will show commitment and show or resolve our willingness to work with other jurisdictions. Mr. Clark commented on economic development. He feels both of the initiatives attempt to build on relationships between cities. He commended the City for supporting the existing industry. Councilwoman Martin feels Initiative 1 has been covered through the meetings with business people. Councilman Hays feels the $5,500 would be a good investment for the industrial future. He suggested going with Initiative 1 and proceed one step at a time. Councilman Hays made a motion to go with Initiative 1 and decide on Initiative 2 when we get the results back from Initiative 1 and encourage partnership participation from other sources, second by Councilman Mitchum. The motion CARRIED 4-0. Mr. Fong elaborated on Councilwoman Martin's concerns regarding the local business climate. Mr. Clark thanked Council for their confidence. He invited council to participate in the interviews with respect to the Sunshine Law. He informed Council if they do have an interest, City Manager McMahon would schedule them one at a time. Library Board's recommendation that old Live Oak School site by endorsed for Southeast Volusia Reqional Library Mayor Hayman presented the background on this matter. Councilman Hays stated it is his understanding that by approving this site, it will not jeopardize the loss of the Edgewater Library. City Manager McMahon stated the parking area has been expanded to the grass area on the east side of the Library. Mr. Robert Clinton, 4210 Liza Clinton Road, stated no libraries in Edgewater or Oak Hill would be closed if the Regional Library was put in New Smyrna Beach. Page -5- Council Regular Meeting October 17, 1994 '-" ....., Mayor Hayman feels the DBCC South Campus is the best location for the Regional Library. He stated there has never been and never will be an issue that would require the closure of the city library. The only issue was if the city got a new facility, they would be asked to close the old facility. Mayor Hayman stated our City would not we don't get the Regional Library. He held at the New Smyrna Beach Library. did not do what the city asked them to lose our library even if commented on a meeting He feels the task force do. There was a discussion regarding the DBCC location for the library. There was a discussion regarding the closing of the New Smyrna Beach Library if the Regional Library is built at the Live Oak School site. Councilman Hays also agreed the ideal site would be at DBCC. Mayor Hayman stated his remarks were not directed at Mr. Clinton's leadership. He is disappointed in the County Council and the County Staff, not the participants of the Task Force who he feels did a commendable job. Councilman Mitchum made a motion to accept the site as recommended by the task force, second by Councilman Hays. The motion CARRIED 4-0. Mr. Clinton asked the City to send a letter to the County stating they have approved the Live Oak School site. COUNCIL/OFFICERS REPORTS citv Attorney city Attorney Storey had nothing at this time. city Manaqer City Manager McMahon had nothing at this time. CITY COUNCIL Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays commented on keeping the semi trucks off of the paved roads. He suggested looking around for a site where we can have a park and ride or some place to park the semi trucks to keep them off the streets on the weekends. He feels they need to look at the ordinance and address the matter. Councilman Mitchum commented on parking the semi trucks in the yards and trucks weighing over one ton not being allowed on the streets. He suggested they should be given a ticket. He would like to see this ordinance brought back allowing a ticket of $100 to be issued to a semi truck parked in a yard. Mayor Hayman spoke on getting help from Representative Mica on the Park and Ride. Councilman Hays suggested getting federal assistance. It was the consensus of the Council to bring this ordinance back with changes. Page -6- Council Regular Meeting October 17, 1994 Y' ..,., Councilman Mitchum Councilman Mitchum had nothing at this time. Mavor Havman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones was excused from this meeting. CONSENT AGENDA There were no items to be discussed on the consent agenda. NEW BUSINESS A. CET Proqramminq proiects supportinq non-ad valorem billinq at cost of $10,000 Finance Director Fred Munoz made a presentation at this time. He stated the $10,000 would cover Project #1 Florida Shores Sewer Improvement Special Assessment and Project #4 Magnetic Media Posting of Non-Ad Valorem Payments and he went on to explain the projects. There was a discussion regarding having modem access to the CET software to look up payments made and the eligibility to the customers for making payments. Councilman Hays made a motion to approve Project #1 and Project #4, second by Councilman Mitchum. The motion CARRIED 4-0. B. Librarv Board's recommendation that old Live Oak School site be endorsed for Southeast Volusia Reqional Librarv This item was discussed earlier on the agenda. C. Approval of Second Amendment to supervisors labor agreement city Attorney Storey made a brief presentation regarding the second amendment to be effective October 1st. city Manager McMahon commented on social security increases. Councilman Mitchum made a motion to approve, second by Councilwoman Martin. The motion CARRIED 4-0. D. Rental aqreement with Technicians Unlimited for copier at City Hall Councilman Hays made a motion to approve, second by Councilman Mitchum. The motion CARRIED 4-0. E. Video of fences at canals Public Works Director Hugh Williams showed a video of the fences at the canals. He showed the fences at 15th & Orange Tree Drive, 19th & Travelers Palm Drive, 25th & willow Oak Drive, 27th & Guava Drive, and Ocean Avenue looking south. Mr. Williams briefly went over three of the seven options. His personal choice is clear the area and plant oleander and crape myrtle. He stated jasmine or bougainvillaea could also be considered. Mr. Williams stated there are thirteen existing fences. He suggested twenty plants per crossing at a cost of $1,300 to $1,500. Page -7- Council Regular Meeting October 17, 1994 '-" .."" Mayor Hayman commented on the maintenance of these fences. Mayor Hayman spoke about some of these fences being included in the CIP program. Mayor Hayman spoke about Option #5 - four foot high bollards. Councilman Hays suggested combining option #5 and option #6. Councilman Mitchum proposed getting rid of the chain link fences and doing some landscaping. Mayor Hayman stated we asked one of the engineering firms to comment on xeriscaping as part of the landscaping for the CIP. He feels they need to get that information. Councilman Hays suggested the Beautification & Tree Committee might have some ideas for plants and flowers. It was the consensus of the Council for staff to come up with ideas for 15th and Orange Tree Drive and another one to be determined by them and bring this back before them for their approval. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 94-0-25 Annexation of .70 + acre parcel at 3336 w. Indian River Blvd. Mayor Hayman read Ord. 94-0-25. Mayor Hayman stated there is a change to the address on the agenda. The address should be 3336 W. Indian River Blvd. Community Development Director Mark Karet made a presentation at this time. Councilman Hays questioned if when the ownership changed, were the tanks inspected. Mr. Karet stated the city was not involved at the time the ownership changed because it is located in the City. He stated he has reports that they have been inspected but the actual records have not been investigated. Councilwoman Martin made a motion to approve Ord. 94-0-25 with the assurance of an inspection, second by Councilwoman Martin. The motion CARRIED 4-0. B. Ord. 94-0-26 Land Development Requlations Adoption of Administrative Portion of Land Development Code Mayor Hayman read Ord. 94-0-26. Mr. Karet made a presentation at this time. Mr. Karet went over the changes. Dave Castagnacci, VCARD, asked to have a workshop with Council, the LDRA, and VCARD. Bob Howard, Vice-Chairman, Building Trades Regulatory & Appeals Board, stated they are requesting a workshop session with Council. Dominick Fazzone, 302 Paradise Lane, commented on an article in the city Charter to mandate the city to adopt an administrative code setting forth the administrative procedures of each department and the relationship between the City council and the City officers. Page -8- Council Regular Meeting October 17, 1994 '-" ..""" Mr. Fazzone commended Mr. Karet and City Attorney storey for the patience they had with the LDRA. He also commended the secretaries of Mr. Karet and Ms. storey for their timely manner in submitting the document. Mr. Fazzone spoke about the book put together four years ago. He stated the LDRA, staff and City Attorney storey and Interim City Attorney Nikki Clayton did not approve of it. Mr. Fazzone informed Council the LDRA is in concurrence with this document. Mayor Hayman asked if Mr. Fazzone would have an objection to a workshop. Mr. Fazzone stated he doesn't think the LDRA would have any objection. Mayor Hayman went over the options presented by staff. Councilman Hays feels everyone that worked on this document did a wonderful job. He feels we should get on with this. Mayor Hayman discussed the problems he has with sections of the proposed document but he feels there is a workable solution. There was a discussion regarding the process of the workshop. Councilwoman Martin made a motion to approve Option 2 - Approve Ordinance 94-0-26 on first reading and schedule a workshop prior to the public hearing on adoption (second reading), second by Councilman Hays. The motion CARRIED 4-0. There was Mr. Karet October. possible. a discussion as to when the workshop should be held. suggested scheduling the workshop the last week of He agreed to confirm it and let Council know as soon as C. Res. 94-R-27 Florida city Government Week October 23-29, 1994 Mayor Hayman Res. 94-R-27. Councilman Mitchum made a motion to approve Res. 94-R-27, second by Councilwoman Martin. Councilman Hays suggested inviting the schools to participate in the Council meeting to recognize Florida City Government Week. city Clerk Wadsworth stated this year Mr. Corder and herself are going to go to the Middle School, High School and DBCC and present a poster contest for the tour of homes. Mayor Hayman feels inviting the schools is a good idea. The motion CARRIED 4-0. SECOND READING: (PUBLIC HEARING) D. Public hearinq/Resolution 94-R-25 Request of Frank C. Diefenderfer to abandon unused portion of Eaton Rd. lvinq westerly of Industrial Dr. Mayor Hayman went over the background of this request. Councilman Mitchum questioned why a map was not included with the packet showing this area. Mr. Karet stated the new Land Development Regulations have a new procedure has been established that will include maps. City Attorney Storey further elaborated. Page -9- Council Regular Meeting October 17, 1994 'W' ..., Councilman Mitchum suggested tabling this item until a map is available. Mayor Hayman suggested changing the order of business and go to the next two items and then return to this item if a map can be made available tonight. It was the consensus of the Council to return to this item later on the agenda. E. Public hearing/Resolution 94-R-26 Request of Donald Slaney to abandon Railroad st. runninq south from West Park Ave. Due to no map being available, Council decided to return to this item later on the agenda. F. Public hearinq re: development aqreement for property at 1904 S. Riverside Drive Mr. Karet made a presentation regarding the development agreement. Mayor Hayman asked if there was anyone present at the September 28th meeting speaking for or against this agreement. Mr. Karet stated there were individuals who spoke and the neighbors would prefer this property remain undeveloped. Councilwoman Martin stated previously there was concern about having an access road. She asked if there is enough property to make such a road. Mr. Karet stated Mr. Anderson has acquired the property to the south and ultimately will be developed as a joint access. There was a discussion regarding the landscape buffer. city Attorney Storey informed Council the adjoining property owners were notified by mail of this hearing. Mayor Hayman opened the public hearing. Ray Anderson, 1905 S. Riverside Drive, stated it would be beneficial to make this zoned R-4 so both properties could be developed. Mr. Anderson went on to talk about the surrounding area being developed and he feels he should be entitled to do something. Doris Hill, 112 Lincoln Road, stated Mr. Reeves and Mrs. Lanchoney could not be present. Mrs. Lanchoney felt that it should remain the way it is but Mr. and Mrs. Reeves and Mr. and Mrs. Hill feel that this is the fairest way. She feels if it requires a change in the comprehensive plan then it's not in keeping with what they want for their residential area. She feels Mr. Anderson should be able to use that property. She commented on Mr. Anderson wanting to move the lot line back ten feet. There was a discussion regarding moving the lot line back ten feet. Mayor Hayman closed the public hearing. Councilman Hays moved for approval. City Attorney Storey stated this is a procedural matter and this will be coming back to Council at a second reading. She stated Council can postpone taking any further action and announce when the final public hearing will be held. Councilman Hays withdrew his motion. The second public hearing was scheduled for November 7th. Page -10- Council Regular Meeting October 17, 1994 '-' ..", Public Hearing/Resolution 94-R-25 Request of Frank C. Diefenderfer to abandon unused portion of Eaton Rd. lvinq westerly of Industrial Dr. Councilman Mitchum informed Mayor Hayman he could proceed. Mayor Hayman presented the background on Res. 94-R-25. Mayor Hayman opened the public hearing. Frank Diefenderfer informed Council a map had been provided. Mayor Hayman read Res. 94-R-25. Mr. Diefenderfer further elaborated on the abandonment of the unused portion of Eaton Road lying westerly of Industrial Drive. steve Grennon, Cushman, 1710 Industrial Road, stated he has no problem with the abandonment of this property but they are concerned that a fence will be erected in the future more than 26 feet from the property line. city Attorney storey stated in the case of abandonment the right- of-way would be split. Councilman Mitchum asked how deep the property is. Mr. Karet stated it is approximately 320.8 feet deep and 53.5 feet wide. Councilman Mitchum asked what the zoning for this property is. Mr. Karet stated 1-2. Councilman Mitchum asked if this property can be sold. City Attorney storey stated the property was deeded to the City in 1959. Mr. Karet listed the options of what can be done with this property. Councilman Hays asked what the ad valorem tax would be to the City. Mr. Karet stated it depends on what happens to the development of this property. Mr. Karet stated one of the pieces of property is already being used by Cushman for parking. He stated if we do not grant the vacation the applicants will continue to get some use of this property. He stated the railroad property is already unopened but is being used by access by the applicant now. There was further discussion about the railroad property. Councilman Mitchum asked about long term revenue. Mr. Diefenderfer informed him he would be using this property to build an extra 5,000 feet of warehouse. Councilman Hays stated Mr. Diefenderfer wants the City to give him a piece of property to build his warehouse so the City could collect the ad valorem taxes on the warehouse. Councilman Mitchum stated he has no problem with the concept but he would like to pin the numbers down and he is not ready to make a decision. Doris Hill, 112 Lincoln Road, stated vacating the land but she thinks the the way the citizens perceive this. of Thomas street. she doesn't object to Council has to understand She spoke about the vacating Mayor Hayman commented on the ad valorem taxes that could be collected if the property was used for a different use. Councilwoman Martin commented on this property not be able to be sold as it is. Page -11- Council Regular Meeting October 17, 1994 W' .."., Mayor Hayman closed the public hearing. City Attorney storey stated if the Council is for abandonment, the applicant must bear all costs. Councilman Hays is not comfortable with proceeding with this. Councilman Hays made a motion to table this and continue it at the November 7th meeting, second by Councilman Mitchum. The motion CARRIED 4-0. Mayor Hayman informed Mr. Diefenderfer he needs to get with staff regarding the economic factors associated with this. Public hearing/ Resolution 94-R-26 Request of Donald Slaney to abandon Railroad st. runninq south from West Park Ave. Mayor Hayman informed Council the City Clerk pointed out there was additional information in their packet from Eula McVay. City Attorney Storey stated this would be a comparable procedure and the applicant would bear all costs. She stated adjacent property owners were notified in a letter dated October 6th. Mayor Hayman read Res. 94-R-26. Mayor Hayman opened the public hearing. City Attorney Storey stated the resolution in its current form does not have a legal description. She informed Council we do have a legal description now. Bob Howard, 602 W. Indian River Blvd., representative for Donald Slaney, stated they are requesting the abandonment of 928 feet. He stated they are asking for the abandonment to develop an office business industrial park along that strip. Councilman Mitchum was not ready to make a decision on this and suggested continuing this on November 7th. Mayor Hayman stated he has no problem with this. Councilman Hays expressed his feelings and stated he needs to see benefits. Councilman Mitchum made a motion to continue this on November 7th, second by Councilman Hays. Mayor Hayman asked Mr. Howard to get wit Mr. Karet to help develop the economics of this request. The motion CARRIED 4-0. UNFINISHED BUSINESS A. Economic Development Board's request to execute aqreement with Clark Development/Riqht Associates (Tabled 9/26/94) This item was discussed earlier on the agenda. COUNCIL/OFFICERS REPORTS city Attorney City Attorney Storey commented on the HMO application to extend services that was given to Council. She informed them a decision needed to be made. Page -12- Council Regular Meeting October 17, 1994 ...... ....., Councilman Mitchum made a motion to accept the HMO application, second by Councilman Hays. The motion CARRIED 4-0. City Attorney storey commented on the bond validation hearing. city Manaqer City Manager McMahon commented on the landscaping of the ponds in Florida Shores. city Manager McMahon stated we are looking into problems associated with construction with S & E Contractors. He informed Council they will probably go into litigation. There was discussion regarding the work done by S & E Contractors. CITY COUNCIL Councilwoman Martin Councilwoman Martin spoke about the City starting its own Water Cooperative. Councilman Hays feels the original intent of the Water Cooperative was lost a long the way. Councilman Hays expressed his feelings on the idea. Mayor Hayman stated we need to stay in the discussion business with the people regionally we have to do business with. He feels we can not walk away from the responsibility associated with the custodial role of the water. Mayor Hayman doesn't see how the City can walk away from the fifteen cities, County government, and the st. John's River Water Management District when it comes to water. There was a further discussion regarding the regional needs and the district needs. Councilman Hays Councilman Hays had nothing at this time. Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones was excused from this meeting. OUESTIONS FROM PRESS There were no questions from the press at this time. CITIZENS COMMENTS There were no citizens comments at this time. ADJOURNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn, second by Councilwoman Martin. The meeting adjourned at 12:15 a.m. Page -13- Minutes submitted by: Lisa Kruckmeyer Council Regular Meeting October 17, 1994