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09-12-1994 - Special '-'" ...." CITY COUNCIL OF EDGEWATER SPECIAL MEETING SEPTEMBER 12, 1994 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the special 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 Present Present Present Present Present Present Present Present Present REMARKS BY MAYOR REGARDING STANDARDS OF CONDUCT AND DECORUM I Mayor Hayman stated the meeting has been called for the purpose of hearing objections, if any, of all affected persons to the confirmation of Resolution 94-R-15 related to the levy of special assessments for roadway improvements within the Florida Shores Improvement Area. Mayor Hayman stated it is imperative that two things are accomplished tonight: (1) establish or adjust or make any required changes that are necessary to the assessment role of this district, and (2) determine if there are to be any changes to the project as we know it today. Mayor Hayman reviewed the democratic process of this crucial and important issue. EXPLANATION OF PUBLIC HEARING PROCEDURE BY THE CITY ATTORNEY City Attorney Storey gave an explanation of the public hearing procedure to be followed. City A~torney Storey stated the Council has before them two resolutions related to the road paving assessments. PUBLIC 'HEARING OPENED - FOR THE PURPOSE OF HEARING OBJECTIONS, IF ANY, OF ALL AFFECTED PERSONS TO THE CONFIRMATION OF RESOLUTION NO. 94-R-15 REGARDING THE CONSTRUCTION AND FINANCING OF PAVING IMPROVEMENTS IN THE FLORIDA SHORES IMPROVEMENT AREA SPECIAL ASSESSMENT DISTRICT Mayor Hayman opened the public hearing. INTRODUCTORY REMARKS BY THE CITY MANAGER City Manager McMahon made a presentation regarding the Florida Shores Improvement Area. Councilwoman Martin reminded the citizens this project is not mandated. She stated if the citizens decide they do not want this, they can't move forward. She commented on encouraging business and industry into Edgewater. She gave her reasons why Hibiscus Drive should be paved. Councilwoman Martin feels $36.75 a year extra to do the whole project, to her is like icing on the cake. She feels they will be eliminating damage done to cars by doing the whole project. ..., ..., PRESENTATION BY CITY ENGINEER ~ PROJECT DESCRIPTION INCLUDING REFERENCE TO LIST OF STREETS TO BE PAVED AND PROFILE OF TYPICAL STREET ~ PROCESS FOR OBTAINING COST ESTIMATE - REFERENCE TO DRMP LETTER OF AUGUST 5. 1994 ~ VALUE ENGINEERING PROCESS ~ INTRODUCTION OF RICK FERNANDEZ city Engineer Kyle Fegley discussed the construction cost estimate, the contents and the scope of work for the construction itself~ He explained the paving improvements which implements 48.5 miles of paved roadway. Mr. Fegley explained the alternatives of the paving quality and the retention pond areas. i Mr. Fegley explained the stormwater improvements and the typical area being discussed. Mr. Fegley explained a value engineering study that was conducted by Consulting Engineer Quentin Hampton Associates to assure the City we are going to receive a sound product, determine unnecessary costs and suggest any cost-effective alternatives. Mr. Fegley went over the costs he received from the County and the Department of Transportation regarding paving. Rick Fernandez, Quentin Hampton Associates, made a brief presentation regarding the value engineering study that was conducted. PRESENTATION BY DIRECTOR OF COMMUNITY DEVELOPMENT REGARDING CONSTRUCTION PROCESS community Development Director Mark Karet briefly explained the upcoming events related between tonight and the actual commencement of the project. City M~nager McMahon asked about the delay to allow the coordirtation of changes directed by the engineering efforts. city Engineer Fegley elaborated on this. There was a discussion regarding how many times this project has been changed or reviewed. EXPLANATION OF PROJECT FINANCING BY FINANCE DIRECTOR Finance Director Fred Munoz gave a presentation on the financing part of the paving project. He explained charts relating to the road paving/drainage project. There was a five-minute recess at this time. QUESTIONS FROM THE CITY COUNCIL Mayor Hayman thanked Finance Director Munoz for his presentation and asked him to focus on the city's portion of the paving program which he did. Finance Director Munoz explained how all participants will meet the debt service for this program. I Councilman Jones asked for an explanation of how the City is going to be saving approximately $200,000. Public Works Director Hugh Williams and City Manager McMahon elaborated on Councilman Jones' 'concerns. Page -2- Council Special Meeting September 12, 1994 'lw' ....", Councilman Mitchum commented on the life expectancy of the proposed roads to be paved and asked City Engineer Fegley if we could ~ownsize the quality of road. City Engineer Fegley explained he would be cautious to do away with any part of a road. He went on to explain there are various alternatives but DOT has recommended a substandard of road to be an apptoximately 15 to 20 year road. He continued to explain why it would not be a good idea to downsize the quality of road. He feels ~e should stay with the road as is. City Manager McMahon spoke about a past experience he had where roads were deteriorating after only a few years. He stated it is well worth the while to do a first class project. Councilman Mitchum stated the last paving that was done by assessment was in 1986. He explained the difference in the state mandates now as opposed to the way they were in 1986. He stated the longer we let the paving project go, the more the cost is going to be. Councilman Jones commented on the 15-year roads. once these roads are paid for, is the City going another assessment to have the roads resurfaced. Fegley elaborated on his concerns. He asked if to require city Engineer There was a discussion regarding resurfacing. City Engineer Fegley explained no major repairs will have to be done to the roads ~ut a sealer may need to be put on the roads. i Councilman Jones stated the County doesn't offer a 1/3 program. I The ta*payers have to burden the whole cost. Councilman Jones asked about the Community Development Block Grant money. He asked if there is any grants that can be obtained to help pay for the paving program. City Manager McMahon stated annually we are eligible for some of the Community Development Block Grant money as funded by the federal government. Councilman Jones asked about the retention ponds being mowed. He stated mowing the retention ponds is going to create a cost. city Manager McMahon elaborated on his concerns. Councilman Hays asked if we are still permitting the driveways on the east-west streets. Community Development Director stated not as of last month. He explained the setback requirements. I I PUBLIC I COMMENTS Mayor Hayman stated there would be a three minute time limit. victor!GlideWell, 2510 Evergreen Drive, commented on the $200,000 saving9 for grating. He commented on the people in his area that are either retired or living on an average salary. He stated these people accepted the roads as they were because that is what they could afford. Mr. Glidewell went on to talk about the for sale signs in Florida Shores due to not being able to afford to live there. Mr. Glidewell spoke about the Riverwalk not being cost effective. He stated every time he rides down Riverside Drive, it is empty. Councilwoman Martin informed Mr. Glidewell the Riverwalk was done with grant money. Mr. Glidewell stated the citizens voted on this issue and it was voted down. city Manager McMahon elaborated on the issue being voted down due to the residents having to pay 100% or 50%/50%. Page -3- Council Special Meeting September 12, 1994 --- ...., DarIa Zakaluzny, 3022 Silver Palm Drive, spoke on the sewer and paving assessments. She stated they can not afford that. She commented on a letter she wrote to the city and her concerns not being addressed. She stated she would love a paved road but she can't afford what is being charged. councilman Hays listed four choices: paved roads, unpaved roads, pave but find ways to decrease the cost or not for it or against it. I I Leah Fugate, 2940 Victory Palm Drive, stated she was informed by . ! the Clty when she paid her deposit for water that the sewer assess~ent was to cover the hook up to the sewer and all the mess that w,nt with it. She commented on the letter she received regardlng the paving assessment. She stated if it wasn't for the fact that the Veterans Administration paid for her home, she would move out. ! George Lynn, 2628 Unity Tree Drive, asked what the estimated time span that the paving project will be completed. city Engineer Fegley informed him it would be 18 months. Mr. Lynn made reference to stormwater. He asked about the corrugated culvert at 22nd and vista Palm Drive that is caving in. He asked what corrugated lines are going to be put in. City Engineer Fegley informed him the driveways are the only place allocated for the corrugated metal pipe. He stated any place where the stormwater line has to traverse the road, it will be reinforced concrete pipe. Bill Peterson, 2313 Evergreen Drive, encouraged Council to pave the roads. He stated it is going to cost $14.75 per month for a double!lot. He feels this would be an investment. ! Gail Wells, 2503 Woodland Drive, stated she does want paved *ut she feels the quality of the roads needs to addres~ed. She questioned the amount of streets that properly maintained. She expressed concern about the maintaining the drainage ditches. ! the roads be need to be cost of Sabrina Pogg, 2925 Yule Tree Drive, stated between her and her husband they made $12,000 last year. She stated her child is not going to have a Christmas again this year because they can not afford it. She said she wants the roads paved and suggested splitting the assessments up into four quarters so everything doesn't have to be paid all at once. She asked Council to figure out some way to help the citizens of Edgewater so they can afford it. Joyce Bevel, 2401 Lime Tree Drive, informed Ms. pogg that you can pay your property taxes quarterly. She went on to state her first concern is maintenance. She does not feel the $200,000 shouldibe eliminated. She feels it should be used for maintenance of the drainage ponds. 1 : Ms. BeVel stated her driveway is on a side street. She asked if a driv~ in can be placed across the swale where it is now so that when t~e drainage area is put in, it will not hinder the construction of a home on the corner lot across the street. I community Development Director Karet explained this that would cause q problem and he informed her she would need to change the design. There was a discussion regarding the design of the east-west streets. Page -4- council Special Meeting September 12, 1994 .... ...., Councilman Jones feels this should be done on an as needed basis. He feels they need to be more open and say how can we do it and accommodate the citizens. There was a discussion regarding the mandates required by st. John's River Water Management District. Councilman Mitchum also agreed this needed to be looked at as a case to case basis. Mayor Hayman stated he would like to see designs for the retention collection points. Community Development Director Karet stated the plans and specifications are available. I Councilman Hays spoke about stormwater management improvements. He feels this needs to be addressed entirely at a workshop. John B~vel, 2401 Lime Tree Drive, stated he is for paving the street~. He stated he voted for paving back in 1974. He stated he hadla problem with the inspection of doing this job. He questioned the inspection of the sewer project. Mr. Bevel commented on retention ponds. Scott Empson, 3507 willow Oak Drive, asked for more time to recover from the sewer situation. He stated he was instructed by Mr. Munoz that he would not be affected and not to come to this meeting. He stated Council is going to make it more difficult for people to move into this area if they keep increasing costs. Finance Director Munoz informed Mr. Empson he would not be assessed because he is on a paved street. He stated Mr. Pawlak owned the property before and paid the assessment. Cliff Clark, 1818 Evergreen Drive, spoke about the costs of pavingiincreasing over the past ten years. He then spoke about pavingithe east-west streets. He went on to talk about the assess~ent costs. He told Council to forget about paving the east-west street. He feels it will be more feasible. I I i Neil H4ckett, 3510 Victory Palm Drive, stated he is for paving. He spoke on paving the east-west streets. He stated he bought his ho~se six years ago when it was affordable. He feels one of the incentives to impact industry in Edgewater is to have roads that ate paved. Jeff Ridgdill, 2214 Silver Palm Drive, stated he has been doing fine with dirt roads and he just assumes keep them. Doris Hill, 112 Lincoln Road, read a prepared statement regarding the 1/3, 1/3, 1/3 payment schedule. Edward Keenan, 1905 pine Tree Drive, spoke on the Florida East Coast Railroad not having to pay for paving but them using Hibiscus Drive regularly. He feels this matter could be pursued. Mr. Keenan feels the quality of the roads lasting for twenty years lnstead of eight years is probably cheaper in the long run. He feets there should be more flexibility on the east-west streets. Mr. Ke4nan stated he is hoping the costs for paving will be reduce~. He commented on taxes going up and he feels this is a proble~. Mr. Keenan stated he is for paving the roads. I I I Page -5- Council Special Meeting September 12, 1994 .'W' ...." Tom Havic, 1814 Evergreen Drive, stated he is for paving the roads. He feels the cost is a problem. He spoke about future maintenance on these roads and asked what the guarantee is going to be of the contractor. city Engineer Fegley explained the contractor is responsible for providing a one year performance and payment bond which extends from the substantial completion date. City Manager McMahon further elaborated. Joan Niven, 2746 Fern Palm Drive, stated she is for paving but why does it have to be paid by October 12th. Financ~ Director Munoz informed her she would deny herself the 4% discou~t if this is not paid by October 12th. City Attorney Storey I stated the October 12th date is the prepayment date to avoid any of the debt service costs. Mr. Munoz explained any , .. payments made by the October 12th date 1S money that w1ll not have tt be borrowed for the bond issue. There 4as a discussion regarding the assessment being placed on the ta* rolls next March if people elect not to prepay this. I Myron Hammond, 2516 Hibiscus Drive, stated he is for paving. He feels the fee is high but he is willing to pay. He feels the department head salaries are outrageous. He stated he is struggling. He feels someone needs to look at the salaries of the department heads. Dominick Fazzone, 302 Paradise Lane, stated he is 100% in favor of the paving of Florida Shores. He is 100% in favor that the rest of the City help subsidize the streets in Florida Shores. He feels this is the last big issue where the City can unite for the future. Mr. Fa~zone spoke about the City of Port Orange having a lawsuit agains~ them talking about a road fee. He suggested establishing a fund!for the roads and maybe this would help the funding of the paving 'to a greater extent. He feels this would help the people of Florida Shores that can't afford the paving. , I Mayor ~ayman stated he spoke to Mayor Jim Ward and one of the reason~ behind that endeavor was to take the burden off ad valorem taxes. Cliff Clark, 1818 Evergreen Drive, stated he is for paving but he feels the east-west streets should be eliminated Mayor Hayman asked if they have to address written commentary that was provided to the City. City Attorney Storey stated they can indicate, for the record, if they want to quickly run through the names of the people who have submitted comments. Mayor Hayman stated we have received numerous pieces of correspondence and commentary as per advertisement from various members of the public. I counci~man Hays stated there are three letters that questioned the assessment, twelve letters from residence of the City, and . I ., n1nete~n letters from non-res1dence of the C1ty and one from the SchooliBoard. . I CounC1tman Hays commented on the letter from the School Board. He sta~ed in the letter there is no agreement that payment will be made for the special assessment by the School Board of Volusia County~ he stated this has not been decided on yet and he urged everyone to contact the members of the School Board and let them know we feel it would be fair that they do vote in favor of paying the assessment. Page -6- Council special Meeting September 12, 1994 '-' ....", Councilman Mitchum stated that property is not for use for the school. He feels they should pay their share due to the fact that i~ is up for sale and development could go in there. PUBLIC I HEARING CLOSED ! Mayor Hayman closed the public hearing. I COUNCI DELIBERATIONS REGARDING ASSESSMENT ROLE AND PROJECT City A~torney storey explained the bottom line is whether the Council after considering the assessment role and the project will then move for the adoption of the final assessment resolutions. CONSIDER ADOPTION OF RESOLUTIONS: A. RESOLUTION NO. 94-R-21 AMENDING RESOLUTION NO. 94-R-14 (MASTER ASSESSMENT BONDS RESOLUTION) City Attorney storey explained the reason for Resolution 94-R-21. Mayor Hayman read Res. 94-R-21. Councilman Mitchum made by courtcilman Jones. I I Councilwoman Martin does paving!at this time. I . I . councl~man Mltchum asked addres ed at that time. was cO,rect. I I The motion CARRIED 4-1. a motion to approve Res. 94-R-21, second not feel they should proceed with the if the assessments go down, would it be City Attorney storey informed him that Councilwoman Martin voted NO. B. RESOLUTION NO. 94-R-22 - FINAL ASSESSMENT RESOLUTION Mayor Hayman read Res. 94-R-22. city Attorney storey explained Resolution 94-R-22. Councilman Mitchum made a motion to approve Res. 94-R-22, second by Councilman Hays. The motion CARRIED 4-1. Councilwoman Martin voted NO. Mayor Hayman reminded the Council of a request from the Volusia Council of Governments to consider two recommendations: all volusi4 County cities and the County be given voting membership on the I Beach Trust Commission and the Beach Trust Commission method!be revised to provide a one city one vote on all issues to come before the commission. He stated this matter will be discus~ed at a special Beach Trust meeting on September 13th at 7:30 plm. in the Daytona Beach city Hall Chambers. He stated VOlusi4 County Council will address the issue on September 15th at 9:00 a.m. in the Council Chambers in Deland. Councilman Hays feels they need consider the non-assessable lots and the east-west streets. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn, second by Councilman Hays. The meeting adjourned at 10:12 p.m. Minutes submitted by: Lisa KlTuckmeyer I I ! Page -7- Council special Meeting September 12, 1994