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06-20-1994 - Regular .., ""-1J/I CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 20, 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 Staff Assistant Lisa Kruckmeyer Police Chief Lawrence Schumaker Police Lieutenant Bucky McEver Present Present Present Excused Present Present Present Excused Present Excused Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Rev. Barbara Laucks, united Congregational Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of June 6, 1994 Councilman Jones made a motion to approve the June 6, 1994 minutes, second by Councilman Mitchum. The motion CARRIED 4-0. CITIZEN COMMENTS Doris Hill, 112 Lincoln Road, clarified her remarks from the previous meeting regarding annexation. She wanted to clarify she is not against annexation. She just wanted to bring to the Council's attention that they had turned the Massey Property down. She feels these outside large annexations are different than small annexations within the City. She understands our sewer capabilities will only take care of the build out of Florida shores and the part of the City that is within our City limits. Richard Jones, 1530 Sabal Palm Drive, commented about the paving program. He asked for an update on the status of the contract and where this is going. city Manager McMahon stated when the engineer's complete and initial update of the plans is completed, we will receive an estimated cost. He stated the target date is around the end of July and at the same time, we have required them as part of the contractual obligations to prepare the specifications for bid. The City is hoping to start construction by mid-October. Mayor Hayman asked if the stormwater part comes before the paving. City Manager McMahon stated the total project is to include stormwater & paving. City Engineer Kyle Fegley stated the paving and retention areas go hand in hand. He stated asphalt will be one of the last things we will see. He stated there is a lot of preparatory work involved with placing asphalt. '-" ...., Dominick Fazzone, 302 Paradise Lane, stated about two years ago the City of Edgewater and a developer went into a development agreement to construct a golf course south of Roberts Road. He wanted to know the status of the development agreement. City Manager McMahon stated essentially there is no plan at this time. COUNCIL/OFFICERS REPORTS citv Attorney City Attorney storey had nothing at this time. city Manaqer City Manager McMahon stated the survey that was sent out has been highly successful. He stated we have received 1,186 responses. If we were to stop now, we would be guaranteed a 2 to 2 1/2 percent accuracy. City Manager McMahon stated he received a letter from New Smyrna Beach in response to the request to participate in the fireworks display. He informed Council they declined to participate. Councilwoman Martin asked if it would be worthwhile asking during budget time. City Manager McMahon stated he will ask them to consider this for next year. CITY COUNCIL Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor's discussion re: derelict buildinqs Mayor Hayman stated some time ago we were in receipt of complaints by citizens of our community about derelict buildings and as a result of that through staff we have been trying to ascertain the best way to approach this pressing problem. Mayor Hayman feels the best way to ascertain this problem is by either our staff working on the LOR's which will address derelict buildings, by isolating abatement codes that we have available to us that we have not adopted, or by combining other building related ordinances with an ordinance that would address this issue as well as other building related issues. Councilman Mitchum sees no reason to rush into this unless there is something specific. Mayor Hayman would like to make the public aware of this problem. He stated if there is a derelict building that contains asbestos it would be a costly process to demolish or remove the product of the building. Councilman Jones would like to see this looked into but he feels the city needs to look at the legal ramifications. He feels if we rush into this it could cost more money down the road. City Attorney Storey explained we would need to adopt a procedure to follow. She explained first the building official would need to make a determination as to the status of the building, second the City would need to make notification to the owners and lastly the process would begin. Page -2- Council Regular Meeting June 20, 1994 '-" ...""" There was further discussion regarding this process. community Development Director Mark Karet explained the process is similar to Code Enforcement. He stated because these buildings are derelict it is unlikely we are going to get the owners to fix them at their own expense. He stated it is very likely the Council will have to appropriate funds to do this. He stated they would have to make amendments to the building code and include funds for demolition structures in the 94/95 budget. Councilman Jones stated at budget time he would like to have a ballpark figure when this comes up. He stated they should look at this again in two months and talk money. Councilwoman Martin stated they are dealing with the owner's personal property rights. She feels we need to take the correct legal steps. Councilman Mitchum asked if the Mayor's concerns are that there is no process and we need to put one in place. Mayor Hayman stated staff and our legal counsel are working towards that process. He stated citizens have expressed that we need to clean up the City before we can start bringing new businesses in. Councilman Jones Councilman Jones thanked staff for clearing the foot bridge at the north end of the city. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays was excused. CONSENT AGENDA There were no items to be discussed on the consent agenda. NEW BUSINESS County-wide inteqrated 800 mhz radio system City Manager McMahon made a presentation on the cost and the reason why this would benefit the City. Bob Weiss, Director of Communications for Volusia County, introduced Ben Perry, Radio Systems Manager. He gave a background presentation on the 800 mhz radio system. City Manager McMahon asked the Council to authorize the City to convert city wide to the mega hertz system. He feels this is to the city's advantage. Mr. Weiss stated Oak Hill, Ponce Inlet, Daytona Beach, Holly Hill, Port Orange and New Smyrna Beach have all elected to go on the system. He stated they are considering building one of the towers in Edgewater on Arthur Avenue. Mayor Hayman asked Mr. Weiss how he arrived at the $143,000 which he explained. Mr. Weiss continued to answer questions for Council. Page -3- Council Regular Meeting June 20, 1994 ..... ....., Mr. Perry informed Council this cost is good until November 1998. Councilman Jones feels we should take advantage of this. Councilman Jones made a motion to accept the proposal and adopt the plan to proceed with the 800 mhz system city wide application, second by Councilwoman Martin. The motion CARRIED 4-0. Anqela & Ernest sills' request that $150 connection fee be waived for sewer hook UP Angela Sills, 3320 Mango Tree Drive, introduced herself. Mayor Hayman commented on the letter received from Mrs. sills. City Manager McMahon encouraged Council to consider this. Mr. Karet stated there are other individuals who have paid late fees. Mayor Hayman has a problem if there was someone in the City that had a similar situation and they did pay a late fee. Mayor Hayman moved to table this until we receive further information on whether or not people in this situation did pay a late fee. City Manager McMahon stated a letter was mailed to every affected person owner in this City. Councilman Mitchum and Councilman Jones also agreed they are short of information at this point. Ms. sills stated she was told she could not get the permit until this was resolved. Mayor Hayman moved to table this until further information is received, second by Councilwoman Martin. Councilman Mitchum questioned if Mayor Hayman could make a motion from the chair. Councilman Mitchum made a motion to table this until further information is received, second by Councilwoman Martin. Councilman Mitchum asked if there will be a problem with Ms. sills obtaining her permit. City Manager McMahon explained the process. City Attorney Storey supported Council action. City Manager McMahon recommended if it is Council's wishes to direct the permit be issued until a decision has been made. Councilman Mitchum explained to Ms. sills that if a motion is made to issue a permit, it is with the understanding that if Council decides against her, she would have to pay the $150 in addition to the hook up fee. The motion CARRIED 4-0. Councilman Mitchum made a motion to grant the permit until further discussion on this matter, second by Councilwoman Martin. The motion CARRIED 4-0. Councilman Jones wanted to know how close she was in the boundary line between Phase III and Phase IV for the next meeting. Page -4- Council Regular Meeting July 12, 1994 ~ ..., Recommendation re: continuinq consultant enqineerinq services city Engineer Kyle Fegley briefed Council on the reasons for this request. He stated the city is looking for two categories of consulting engineers: a large firm with a wide diversity of services which would be provided in-house and a local smaller firm that will have a lower overhead which is closer to the proximity of Edgewater. Mr. Fegley stated they are very satisfied with Quentin, Hampton & Associates and would like to see them continue to consult as the local small firm. Mr. Fegley listed three large firms: Hartmann & Associates, Boyle Engineering, and Barnes, Ferland and Associates. He explained they would like to have two large firms on board for competitiveness and availability from project to project. Mr. Fegley asked Council to schedule a time frame for a workshop for presentations from each firm to select two of the three firms. city Manager McMahon stated we are very pleased with the work from Quentin, Hampton, & Associates. He informed Council they will encounter the following tasks as the city expands: update the 201 Master Facilities Plan which will have to be integrated with the Comp Plan and physical engineering work that has to be planned for in terms of specification and construction. Mayor Hayman expressed his feelings about adding two more firms. The reason he supported having an engineer on staff was because he was told the engineer on staff would help us do a lot of these things that are being talked about. He asked why the small firm can not handle what has just been described. City Manager McMahon stated Mr. Fegley is not able to do all the permitting work, all of the design work and computer work for the specifications to do a job such as the 201 Facilities Plan. He went on to explain the reasons for needing another firm. councilman Mitchum agreed with City Manager McMahon. He stated if they are never used, there is never a cost. He recommended we get presentations from the three firms. councilman Jones agreed. He feels it is nice to have them even if we don't need them. He also recommended getting presentations from the three firms. city Manager McMahon feels having another firm will cut down on the length of time for the permitting process. Mayor Hayman again expressed he has a problem with hiring too many engineering firms. He would like Quentin, Hampton & Associates to also make a presentation before the Council. City Engineer Fegley clarified with Council that they wanted presentations from four firms with the opportunity to select two. Councilman Mitchum made a motion to approve the request to go out for request for proposals for additional consulting engineering services, second by Councilwoman Martin. The motion CARRIED 4-0. There was a five minute recess at this time. Authorization for Requests for Proposals for feasibility study for municipal golf course City Manager McMahon made a brief presentation at this time. He stated the cost for this study is estimated to be $20,000. Page -5- Council Regular Meeting June 20, 1994 '-' ....., community Development Director Mark Karet explained the golf course would be contributing revenue and jobs. The cost would be $1 to $9 million. The City would be expected to pay $3 to $5 million. He stated it is staff's request for Council to give authority to issue RFP's for a feasibility study to be done. Mr. Karet explained some possible sites for a golf course. City Manager informed Council if they elect to pursue this, we would not need a new appropriation in the budget. He stated $20,000 authorized can be done on the line items not spent this year. He asked Council to seriously consider this. Councilman Mitchum expressed concern about this being economically beneficial to the City. Councilwoman Martin feels this is one project that is aimed at the adults of our City. She feels we do a lot for our children and this would benefit our adults. Councilman Jones feels this is would be a good thing for Edgewater. He stated does not want to see a drain on the taxpayers. City Manager McMahon stated the golf course in Port Orange has been very successful. Mayor Hayman asked if there are any other areas that meet the criteria for a golf course in Edgewater other than the PID area, west of 1-95, or near our new Water Plant. Mr. Karet informed him there are not. Mayor Hayman stated we will go out for RFP's to ask for a company to provide their proposals to do an examination of these three sites to determine the best cost effectiveness. Mr. Karet informed Mayor Hayman they hope to include all three sites. Mayor Hayman wanted it made clear that it is not staff's decision to make the determination on which site we will go for and do an analysis oni that should be the Council's decision. Councilman Jones made a motion to advertise for RFP's to do the municipal golf course study, second by Councilwoman Martin. Mayor Hayman informed Mr. Karet he wanted it perfectly clear and understood, when they make a comparative analysis on the marketing that they look at the golf courses in the Central Florida region to include Volusia, South Flagler, North Brevard, and East Seminole counties in terms of the cost for playing golf and how much money these courses are making. The motion CARRIED 4-0. Cancellinq or reschedulinq reqular meetinq of Monday. July 4. 1994. due to Independence Day holiday Councilwoman Martin made a motion to cancel the July 4th meeting, second by Councilman Jones. The motion CARRIED 4-0. A?pointinq member to citizen Code Enforcement Board due to expiration of term of Maureen Borner who requests reappointment Councilwoman Martin made a motion to reappoint Maureen Borner, second by Councilman Mitchum. The motion CARRIED 4-0. Page -6- Council Regular Meeting June 20, 1994 ~ ""- Appointing members to Economic Development Board 1) Due to expiration of term of Dr. Charles Gebelein who reauests reappointment Councilman Mitchum made a motion to reappoint Dr. Charles Gebelein, second by Councilman Jones. The motion CARRIED 4-0. 2) Due to expiration of term of Phillip Fona who reauests reappointment Councilman Mitchum made a motion to reappoint Phillip Fong, second by Councilman Jones. The motion CARRIED 4-0. 3) Due to resianation of Charles Byrd Councilman Jones asked Mr. Richard Kowalewski's application be placed in the Economic Development Board file due to his interest in serving on this board being on his application. Councilman Jones made a motion to appoint Richard Kowalewski, second by Councilwoman Martin. The motion CARRIED 4-0. 4) Due to resianation of Aanes Rymsza Councilman Jones made a motion to appoint Randolph Churchill, second by Councilman Mitchum. The motion CARRIED 4-0. Appointina members to Parks and Recreation Board 1) Due to expiration of term of Martha Carden who reauests reappointment Councilman Jones made a motion to reappoint Martha Carden, second by Councilwoman Martin. The motion CARRIED 4-0. 2) Due to expiration of term of Thomas Tipton who reauests reappointment Councilwoman Martin made a motion to reappoint Thomas Tipton, second by Councilwoman Jones. The motion CARRIED 4-0. 3) Due to resianation of Larry Lamb Councilwoman Martin made a motion to appoint Larry Ruggles, second by Councilman Mitchum. The motion CARRIED 4-0. 4) Due to resianation of Charlene Dennis Councilwoman Martin made a motion to appoint Shirley Pittman, second by Councilman Jones. The motion CARRIED 4-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: There was nothing to be discussed for first reading. SECOND READING: (PUBLIC HEARING) There was nothing to be discussed for second reading. UNFINISHED BUSINESS Approval of Interlocal Service Area Aareement with Volusia County re: utilities City Manager McMahon made a presentation at this time. Page -7- Council Regular Meeting June 20, 1994 ~ """"" Mayor Hayman complimented staff on the excellent work they have done. Mayor Hayman stated it was his understanding the city wanted to go to Ariel Road. He stated the line described is 1.2 miles short of Ariel Road. City Manager McMahon further elaborated on Mayor Hayman's concerns. He suggested staff not attempt to set criteria tonight but to let the language speak for itself. Mayor Hayman contacted the Oak Hill city Clerk regarding the action of the advisory board set up to discuss the utilities service. He stated the Oak Hill Commission was having a meeting tonight and scheduled at the meeting was a presentation from that advisory board. They were going to present a letter to send to potential utility suppliers for that community along with a questionnaire. Mr. Karet explained the options of the City as to whether to go to Boston Whaler or Ariel Road. There was further discussion regarding the agreement and running lines either to Boston Whaler or Ariel Road. Mayor Hayman read the letter and nine questions the City of Oak Hill would like the Council to respond to. Mayor Hayman expressed his concern about the City turning its back on Oak Hill and City Attorney clarified the agreement refers to the City and the unincorporated county. Councilman Jones doesn't feel we should lay pipe in the ground until Oak Hill is ready. He is concerned about laying pipe and then no interest being shown. Mayor Hayman stated he is supportive of the present agreement in its present form provided the county clearly understands that we solely reserve the right to exercise and if we see its feasible and cost effective to extend water to Ariel Road to those people, we won't have any static from them. Councilman Mitchum made a motion to approve the agreement as stated per our discussion, second by Councilman Jones. The motion CARRIED 4-0. Appointinq member to Volusia Growth Manaqement Commission due to expiration of term of Anqelo Spenqler who does not request reappointment (Tabled 6/6/94) Mayor Hayman stated this item was tabled because Councilman Hays was concerned with the lack of applicants. Councilman Mitchum requested more applications. Mayor Hayman requested the City Clerk advertise for more applicants. This item was not taken off the table due to a lack of applicants. COUNCIL/OFFICERS REPORTS City Attorney City Attorney storey requested authorization from Council to make payment to the EPA in the amount of $7,500. Page -8- Council Regular Meeting June 20, 1994 'w """" City Attorney storey informed Council how Mr. Wadsworth and City Manager McMahon got the fine lowered from $17,000 to $7,500. Councilman Mitchum made a motion to pay $7,500 to the EPA, second by Councilman Jones. The motion CARRIED 4-0. city Manaqer City Manager McMahon informed Council of a break in a wastewater line at Lake Avenue. The cost being $5,000 to repair. It was Council consensus to authorize payment of this. City Manager McMahon informed Council of Air Park Road being part of the annexation agreement and the city being required to provide a water line and this being totally impact fee eligible. City Manager McMahon also informed Council they need to authorize our current consulting engineers (Quentin, Hampton & Associates) to design and construct that line. There was a discussion as to whether or not the City needed them to come back with a presentation under the continuing consultant engineering services. It was the consensus of the Council for them to return with the other three. Councilman Mitchum made a motion authorize Quentin, Hampton to design and construct the water line to be provided to Air Park Road, second by Councilman Jones. The motion CARRIED 4-0. CITY COUNCIL Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman stated at the next meeting of the Metropolitan Planning Organization the dilemma of SR 442 will hopefully be resolved. He spoke about SR 442 being entitled to priority one for the next fiscal year budget because of policy precedent established last year in support of Mayor Musson's request for SR 44 East. Mayor Hayman went on to explain the phasing of SR 442. There was discussion regarding SR 442 being top priority. It was the consensus of the Council to stay as we are and for the Mayor to continue fighting this issue. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays was excused from this meeting. Questions from Press There were no questions from the press. Page -9- Council Regular Meeting June 20, 1994 ,.., ...., CITIZEN COMMENTS There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilwoman Martin made a motion to adjourn, second by Councilman Jones. The meeting adjourned at 10:10 p.m. Minutes submitted by: Lisa Kruckmeyer Page -10- Council Regular Meeting June 20, 1994