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06-06-1994 - Regular ..... .~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 6, 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 Acting City Manager Fred Munoz City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Excused Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Harvey Hardin, Retired Methodist Minister. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of May 16, 1994 Councilman Hays made a motion to approve the May 16, 1994 minutes, second by Councilman Jones. The motion CARRIED 5-0. CITIZEN COMMENTS Scott Clark, 2021 Umbrella Tree Drive, commented on the Building Department. He stated they have been extremely helpful and efficient in helping him obtain his permits. COUNCIL/OFFICERS REPORTS city Attorney city Attorney Storey had nothing at this time. city Manaqer Acting City Manager Munoz had nothing at this time. CITY COUNCIL Mayor Hayman Mayor's Issuance of Proclamation for Safe Boatinq Week June 5 - 11, 1994 Mayor Hayman read the proclamation. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. ~ ~ Councilman Hays Councilman Hays thanked the Fire Department for the excellent job they did recently concerning his neighbor. Councilman Hays commented on people looking forward to the water being extended to the south. Councilman Mitchum Councilman Mitchum had nothing at this time. CONSENT AGENDA There were no items on the consent agenda to be discussed. NEW BUSINESS Reauest of Jim Peacock Chrysler-Plymouth-Dodae to have tent sale on Southwest Corner of u.S. 1 and Roberts Road June 24. 25. and 26. 1994 Mayor Hayman stated he had a corrected letter requesting the tent sale be held June 17th, 18th, and 19th instead of June 24th, 25th, and 26th. Don Fequay, Jim Peacock Chrysler-Plymouth-Dodge, introduced himself. Mayor Hayman read staff's recommendation. Councilman Jones made a motion to approve this request, second by Councilwoman Martin. The motion CARRIED 5-0. Confirm appointment of John Borzner to Board of Trustees for Police Retirement Plan (fifth member chosen by Board members) Councilwoman Martin made a motion to accept the appointment, second by Councilman Hays. The motion CARRIED 5-0. Appointina member to Beautification and Tree Committee due to resianation of Doris Stump Councilwoman Martin made a motion to appoint Sandra Ruggles, second by Councilman Hays. The motion CARRIED 5-0. Appointina member to Volusia Growth Manaaement Commission due to expiration of term of Anaelo Spenaler There was discussion regarding Mr. Spengler not being interested in being reappointed. Councilman Hays made a motion to table this item until the next meeting. Reauest that Annual Arbitraae Rebate Calculations be performed by Ernst & Youna. Jacksonville. at cost of $5.500 for two bond issues Acting city Manager Munoz explained the need for arbitrage rebate calculations. Councilman Hays made a motion to approve, second by Councilwoman Martin. The motion CARRIED 5-0. Page -2- Council Regular Meeting June 6, 1994 'W' ...,. Request that Wakely and Associates, Inc. perform actuarial study of city's liabilities of self-insurance proqram at cost not to exceed $1,100 Acting city Manager Munoz explained the reason for the actuarial study. councilwoman Martin made a motion to approve, second by Councilman Jones. The motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: Ord. 94-0-18 Amendinq Chapter 11, Occupational Licenses, Taxes, and Requlations Mayor Hayman explained Ord. 94-0-18 is the recommendation of the Equity study Commission. Mayor Hayman read Ord. 94-0-18. City Clerk Wadsworth made a brief presentation on the process in which Ord. 94-0-18 was established. Councilwoman Martin made a motion to approve Ord. 94-0-18, second by Councilman Hays. The motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS SECOND READING: Ord. 94-0-12 Comprehensive Plan Amendment, 299 Falcon Avenue Mayor Hayman read Ord. 94-0-12. Mayor Hayman opened the public hearing. Community Development Director Ord. 94-0-12 and Ord. 94-0-13. LDRA used for this amendment. is to approve Ord. 94-0-12 and Mark Karet gave a He presented the He stated staff's Ord. 94-0-13. presentation on guidelines the recommendation Mayor Hayman closed the public hearing. Councilman Mitchum made a motion to approve Ord. 94-0-12, second by Councilman Hays. The motion CARRIED 5-0. Ord. 94-0-13 Rezoninq Land at 299 Falcon Ave. from R-4 Multi- Family Residential to B-2 Hiqhway Service Business Mayor Hayman read Ord. 94-0-13. Mayor Hayman opened the public hearing. Mayor Hayman closed the public hearing. City Attorney Storey reminded Council the motion should reflect the standards. Mayor Hayman went over the standards used by the LDRA for guidelines. Councilman Hays made a motion to approve Ord. 94-0-13, second by Councilwoman Martin. The motion CARRIED 5-0. Page -3- Council Regular Meeting June 6, 1994 ~ ~ Ord. 94-0-14 Annexation of approximatelY .91 + acre West side of U.S. Hiqhway 1, South of Falcon Ave. Mayor Hayman gave a brief presentation on the background of this annexation request. Mayor Hayman read Ord. 94-0-14. Mayor Hayman opened the public hearing. Mr. Karet made a brief presentation at this time. He stated this is a small enclave that will help us resolve some of the enclave issues in regard to the agreement with the County. Mayor Hayman closed the public hearing. Councilman Jones made a motion to approve Ord. 94-0-14, second by Councilwoman Martin. The motion CARRIED 5-0. Ord. 94-0-15 Comprehensive Plan Amendment, Southwest intersection of Falcon Ave. and U.S. #1 Mayor Hayman gave a brief presentation on the background of this request. Mayor Hayman read Ord. 94-0-15. Mayor Hayman opened the public hearing. Mr. Karet made a presentation on the five guidelines that were followed. It is the recommendation of staff and the LDRA that commercial designation would be appropriate. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Ord. 94-0-15, second by Councilman Mitchum. The motion CARRIED 5-0. Ord. 94-0-16 Rezoninq Land at Southwest intersection of Falcon Ave. and U.S. #1 from City R-4 Multi-Family and County B-4 General Commercial to B-3 Highway Service Business Mayor Hayman read Ord. 94-0-16. Mayor Hayman opened the public hearing. Mayor Hayman closed the public hearing. Mayor Hayman reminded Council of the six criteria that should be used in deliberations to make a decision. Councilman Jones made a motion to approve Ord. 94-0-16, second by Councilwoman Martin. The motion CARRIED 5-0. Ord. 94-0-17 Annexation of property west of existinq city boundaries Mayor Hayman gave a brief presentation on the background of this annexation request. Mayor Hayman read Ord. 94-0-17. Mayor Hayman opened the public hearing. Mr. Karet made a presentation regarding this annexation request. Page -4- Council Regular Meeting June 6, 1994 ...... ,., Doris Hill, 112 Lincoln Road, stated she is in favor of annexation. She reminded Council of their decision regarding the Massey property. She feels this property should also be annexed. Mayor Hayman elaborated on her concerns. Councilman Mitchum questioned the extending of the utilities service for the Massey property. Mr. Karet spoke about the differences between the Massey property and this property. Councilman Hays stated aside from the future growth of Edgewater, this annexation also protects our resources and our water wells. Mayor Hayman does not feel we should require people to hook up to our utility services if they are not contiguous to the City. Councilman Jones does not feel it is feasible at this time. Ms. Hill agreed with Mayor Hayman. She feels if we take in too many customers we will have to expand our sewer plant. She feels Mr. Massey should be given another opportunity to come back. Councilman Mitchum spoke about if we did have a developer come in and develop a subdivision we would have to have a developer's agreement. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Ord. 94-0-17, second by Councilman Mitchum. The motion CARRIED 5-0. UNFINISHED BUSINESS There was no unfinished business to be discussed. COUNCIL/OFFICERS REPORTS city Attorney city Attorney Storey gave a brief presentation on an addition to the agreement for the evidence building. She stated it is staff's recommendation for Council to approve the agreement. Councilwoman Martin made a motion to approve the agreement, second by Councilman Hays. The motion CARRIED 5-0. city Manaqer Acting city Manager Munoz had nothing at this time. city Council Mayor Hayman Mayor Hayman stated he represents the city as a Director to the united Way Board. He spoke about a community wide campaign during the months of August and September of this year. Mayor Hayman asked for Council endorsement of a united Way campaign in the City. Councilman Hays feels as long as the united Way does not pressure the employees, he does not have a problem with this. There was further discussion regarding the united Way campaign. Page -5- Council Regular Meeting June 6, 1994 'W" ...., Mayor Hayman spoke about a letter he received from Mr. Carl Goutell regarding the vietnamese Pot Belly Pigs. Mayor Hayman informed Council they should have received the proposed draft interlocal service agreement with the County and City. Mayor Hayman listed some problems he has with this agreement. Councilman Jones Councilman Jones mentioned several months ago, the Council was trying to work out something with the Whistle stop area and the Meadow Lake area regarding an access to Whistle stop from Meadow Lake. He asked the status of this. Mr. Karet stated it his understanding is a permit application was made with st. Johns River Water Management District. Mayor Hayman stated he spoke to Art Wheeler and was given a copy of the response letter from the City to the SJRWMD addressing their concerns. He stated SJRWMD has asked us to do some additional engineering work because of the change in the water table. He stated City Engineer Fegley took care of this and he responded to each of their needs. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays stated the issue of jet ski zones is still undecided by the Beach Trust Commission. He stated the Council agreed we would like to see jet ski zones established on the beach even if they are rotated. He wants to make sure our representative of the Beach Trust Commission expresses the City support of jet ski zones. There was a lengthy discussion between Council regarding jet skis and jet ski zones. Councilman Hays commented on an article he saw in the paper regarding Councilman Giorno suggesting the County might benefit from establishing a utilities Commission. Councilman Hays stated he wonders if the County along with the Water Cooperative is not posturing a position to take a more active role in management and control of the water and sewer resources. Mayor Hayman spoke about developments in the Water Cooperative. Councilman Mitchum Councilman Mitchum had nothing at this time. Questions from Press There were no questions from the press at this time. CITIZEN COMMENTS Judith Lichter, 826 Navigators Way, asked the status on the reopening of the beach at Menard May Park and the recreation center. Mayor Hayman stated Mr. Corder is going to make a visit to his counterpart in another area and they are going to give him a complete file on how to bring this about. Page -6- Council Regular Meeting June 6, 1994 . . ..... ....", . . Cliff Clark, 1818 Evergreen Drive, commented about the rights-of- way being taken care of by the City. He feels it is ridiculous to have a small residential lot being paid for by the taxpayers for the City to come out and take care of it. He feels something should be done about this. Mario DiOrio, 1823 Evergreen Drive, stated he has been to the class for the reclaimed water. He stated he was told there was a tremendous amount of time between the time you sign up and the time you receive it. Mr. DiOrio commented on the time being spent to turn off water and then having to go and turn them on again. He feels the people who are always getting their water turned off should be penalized. There was discussion regarding maybe having temporaries coming in and helping do the reclaimed water connections. Acting City Manager Munoz commented on delinquent fees charged to water and sewer customers who are late paying their bills. ADJOURNMENT There being no further business to discuss, Councilman Jones moved to adjourn, second by Councilman Mitchum. The meeting adjourned at 8:45 p.m. Minutes submitted by: Lisa Kruckmeyer Page -7- Council Regular Meeting June 6, 1994