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02-22-1994 - Regular ....... .... CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 22, 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 Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Boldt, Edgewater Alliance Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of February 7, 1994 Councilwoman Martin made a motion to approve the minutes of February 7, 1994, seconded by Councilman Jones. The motion CARRIED 5-0. CITIZEN COMMENTS Judith Lichter, 826 Navigators Way, spoke on recreation plans. She feels we should look into New Smyrna's recreational plan. She feels the City only needs one center, not one for the youth and one for seniors. She expressed her feelings on the older citizens helping out the younger group. Mrs. Lichter spoke on her application submitted to serve on the LDRA or the Parks & Recreation Board. She expressed her feelings about wanting to serve on one of these boards. Mario DiOrio, 1823 Evergreen Drive, spoke on 48% of our budget going to public safety. He asked for clarification as to where this money is going. Mayor Hayman elaborated on his concerns. COUNCIL/OFFICERS REPORTS city Attorney city Attorney Storey had nothing at this time. city Manaqer city Manager McMahon spoke about a claim he had on an accident involving a city vehicle in the amount of $1,400.26. He recommended approval of this claim. Mayor Hayman questioned the claim. Councilman Mitchum made a motion to approve the payment of $1,400.26, seconded by Councilwoman Martin. The motion CARRIED 5-0. '-'" ..."", city council councilwoman Martin councilwoman Martin had nothing at this time. councilman Hays councilman Hays spoke about the Florida League of cities Property Rights legislation. He spoke about HB485. He went on to say a copy of this house bill is available for review at city Hall. He also spoke about a letter City Engineer Kyle Fegley wrote to the Florida Department of Transportation regarding the light at Park Avenue, the speed limit being 45 mph on U.S. #1 and a traffic turn signal warrant study that was done for the north bound traffic on U.S. #1 turning west onto Park Avenue. He asked about a turn going south and if this was a separate study. city Engineer Fegley elaborated on his concerns. Councilman Mitchum councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman gave an updated report on Maglev. councilman Jones councilman Jones spoke about his concerns on getting swimming back at Menard-May Park. He stated he wanted to get a consensus from Council because he wants staff to do a feasibility study. He stated the water is much cleaner since we have completed the work on the Wastewater Plant. He commented on the pressure of the water going into the river. Terry Wadsworth, Director of utilities, spoke about why there is so much more pressure. There was further discussion on allowing swimming at Menard-May Park. Councilman Mitchum gave a history on why the beach was closed. councilman Hays explained that when the beach was closed, the speed limits in the waterwayswere different. He feels a swim at your own risk sign is needed. councilman Jones asked staff to get a report back to Council. Jack Corder, Director of Parks and Recreation, stated DER stopped swimming at the park and he presented the reasons why. Councilman Hays again suggested a swim at your own risk sign being placed at the park. Councilwoman Martin thought the swimming was stopped because the water was unsanitary. City Manager McMahon spoke on liability and risk. He stated he would look into this matter and bring it back to Council. There was further discussion on this matter. Councilman Jones spoke on the outflow pipe. He feels if we need to move the pipe, then move it. If we need to repair it, then repair it. Page -2- Council Regular Meeting February 22, 1994 ...... "lfIttt1/I There was discussion about the water being tested and what the cost would be. CONSENT AGENDA A. Authorization of East Volusia Mosquito Control District to make Low Level Aerial Inspection and Spray Fliqhts B. Request for Approval of Amended Library Board By-Laws Mayor Hayman read the consent agenda. Councilwoman Martin made a motion to approve the consent agenda, seconded by Councilman Jones. The motion CARRIED 5-0. NEW BUSINESS A. Aqreement with Ron Ellis, Auctioneers and Realty Service, for annual City auction of obsolete and unusable property City Attorney Storey gave information on this agreement. Councilwoman Martin made a motion to accept this agreement, seconded by Councilman Hays. The motion CARRIED 5-0. B. utilities Director's request to purchase one-ton Ford F-350 pickup truck from Duval Ford on State bid at $14,076 Mr. Wadsworth gave a presentation on what the use of this truck will be. Councilman Hays made a motion to approve this request, seconded by Councilwoman Martin. The motion CARRIED 5-0. C. CIP Phase II Final Chanqe Order with net Decrease of $156,853.85 Mr. Fegley gave the background on the final change order for Phase II. Councilwoman Martin made a motion to accept the final change order, seconded by Councilman Hays. The motion CARRIED 5-0. D. CIP Phase III Final Chanqe Order for Increase of $38,498.27 Councilwoman Martin made a motion to approve, seconded by Councilman Hays. Mayor Hayman commented on the charges due to the septic tanks being in the rear of the house. Mr. Wadsworth elaborated on his concerns. Mayor Hayman then expressed concern about the manhole cones. Mr. Fegley explained the cost for these manhole cones. Councilman Hays expressed his feelings on this matter. Councilman Mitchum feels there are items that need to be discussed between the City and S & E Contractors. He asked if we are holding a retaining fee. City Manager McMahon informed him we hold a retainage as our contract specifies. He further explained this matter. Mayor Hayman expressed concern with the way S & E Contractors have handled the problems that have occurred. He feels they have taken advantage of the taxpayers. Mr. Fegley elaborated on his concerns. Page -3- Council Regular Meeting February 22, 1994 "-" ....., The motion CARRIED 4-1. Mayor Hayman voted NO. City Manager McMahon asked Mr. Fegley if he had an option when these changes were authorized. Mr. Fegley explained the options. E. Appointment of one member to Land Development and Requlatory Aqency due to expiration of term of George Ewinq Councilman Mitchum made a motion to table this until the next meeting, seconded by Councilman Hays. F. Appointment of one member to Parks and Recreation Board to replace Betty Rindone Councilman Hays made a motion to nominate Martha Carden, seconded by ~~yor Hayman. The motion CARRIED 4-1. Councilwoman Martin voted NO. G. Library Board's request for Bridge for foot/bike traffic over canal between Library and area to the north UNFINISHED BUSINESS A. Library Board's request that Council consider expansion of Library Parking a High Priority Council agreed to move this item up on the agenda to be discussed with Item 6G. Councilman Hays questioned if enlarging the parking area would help. City Manager McMahon gave a report on the foot bridge and the parking. He stated the only practical solution is using the plan Gates Castle carne up with for expanding the parking lot. This would include doing away with some of the green area. He presented costs on the foot bridge and expanding the parking lot. Councilman Hays expressed concern with kids walking on the pipe that goes across the canal. Jean Haughwout, Chairman of Library Board, stated safety was the major intent of the Library Board. There was discussion as to who owns the property whe::-e the foot bridge would be located. Ms. Haughwout elaborated on children walking across the canal on the pipe. There was a lengthy discussion regarding the parking at the Library. City Manager McMahon stated the County at the time when this was last discussed was very anxious to look at lease agreements. He feels the best solution would be to use the plan that has already been developed. It was decided the items that need to be addressed are resolving the County lease, asking Mr. Fegley and staff to look at the existing plans to see what we can do to ease the parking and find out what the Library Task Force can do to resolve this problem. ,;hi<\,. Councilwoman Martin spoke about abandoning the street between the Library and the real estate place and making it a parking lot. She asked this be looked into. There was further discussion about abandoning this street. Page -4- Council Regular Meeting February 22, 1994 '-' """'" Mayor Hayman stated they are asking staff to come back to Council with some ideas and suggestions on how to improve existing parking, the foot bridge and the unauthorized use of the pipes. Councilman Jones feels the neighborhood should be polled to see if the foot bridge would be used. Ms. Haughwout feels this is more of a safety factor then an access factor. There was a five minute recess at this time. H. street Maintenance Proqram 1) Resurfacinq and Rehabilitation City Manager McMahon gave an overview of the street resurfacing program he has developed. He feels we should look at $38,000 a year in 1995 which is the adjusted price per tonnage using a reasonable inflationary factor. Public Works Director Hugh Williams spoke to Council on the three year program. Councilman Mitchum and Mayor Hayman feel we need a plan. They feel we need good quality roads that will last. There was discussion about the cost of this project if it was decided to go with a road that will last fifteen years. Councilman Mitchum is all for instituting a program now. city Manager McMahon wants to try to find ways to fund these projects without increasing taxes. Councilman Hays feels it is an excellent plan. He would like to see included in the planning the ten/fifteen year road. There was a discussion about obtaining grant money to help pave the roads. City Manager McMahon stated he is anxious to get into this program so the problems with the existing roads in Florida Shores can be addressed before it is incurred. Councilman Jones agreed and feels we need to look at roads outside Florida Shores too. community Development Director Mark Karet commented on when the City can request funding for the CDBG money. Mayor Hayman commented on the stormwater funds. There was further discussion on stormwater. It was the consensus of the Council to go with this program. 2) Annual Budqet Fundinq Mayor Hayman stated Mr. McMahon is suggesting we set aside funds for stormwater. These would come from the reserve fund. City Manager McMahon stated any extra money we could get could also be put in there. He suggested not directly impacting the current budget. This would effect the proposed budget. It was the consensus of Council to go with this program. Page -5- Council Regular Meeting February 22, 1994 IIw' ...." Ie city Recreation Plan 1) Review of Current Plan 2) Modification and Chanqes to Plan 3) Financial options for Fundinq Plan 4)Phasinq of Plan Parks and Recreation Director Jack Corder went over his plan for the 26-acre site, the cost of this plan and ways to obtain funds. Mr. Corder went on to explain a fund raiser program he is interested in called the Tour of Homes. There was further discussion on his plans for the 26-acre site. Mr. Corder went on to explain the baseball program has jumped eight teams this year. There was a discussion about how the population is growing so fast and the City needs recreation for adults and children. Councilman Mitchum commented on the good job the Parks and Recreation Department is doing. It was the consensus of Council to go with this fundraising program. Mr. Corder will get more information for the Council and report back to them. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS FIRST READING: A. Ord. 94-0-07 Annexation of u.s. Hiqhwav #1 Riqht-of-Wav Mr. Karet explained this annexation regarding enclaves less than 10 acres in size. Mayor Hayman read Ord. 94-0-07. Councilman Hays made a motion to accept Ord. 94-0-07, seconded by Councilman Jones. The motion CARRIED 5-0. SECOND READING: (PUBLIC HEARING) B. Ord. 94-0-05 Reducing Grass and Weed Heiqht from 24" to 12" and Establishinq Enforcement Procedure Mayor Hayman read Ord. 94-0-05. Mayor Hayman opened the public hearing. Clifford Clark, 1818 Evergreen Drive, stated he is glad to see this being addressed but he is disappointed on the item that was deleted. He feels this should be reconsidered. Mayor Hayman closed the public hearing. Councilman Hays still feels this section referring to movwing the public rights-of-way should be deleted. Councilwoman Martin made a motion to accept Ord. 94-0-05, seconded by Councilman Jones. The motion CARRIED 5-0. C. Res. 94-R-03 Notice of Intent to use Uniform Method of Collectinq Non-Ad Valorem Assessments to be levied in Florida Shores Road Improvement Special Assessment District re: Road Paving and Stormwater Improvements Associated with Unpaved Streets within District Mayor Hayman spoke about the background behind this resolution. Page -6- Council Regular Meeting February 22, 1994 '-'" ."., Mayor Hayman read Res. 94-R-03. Mayor Hayman opened the public hearing. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Res. 94-R-03, seconded by Councilman Mitchum. The motion CARRIED 5-0. D. Res. 94-R-04 Notice of Intent to Use Uniform Method of Collectinq Non-Ad Valorem Assessments to be levied on Vacant Property within Corporate city limits for Maintaininq. Operatinq. and Improvinq City's Stormwater Management System startinq FY 1994-1995 Mayor Hayman read Res. 94-R-04. Mayor Hayman opened the public hearing. Doris Hill, Lincoln Road, asked if a method has been decided on. city Attorney Storey explained the term "uniform method" and elaborated on Mrs. Hill's concern. Mayor Hayman closed the public hearing. Councilman Jones made a motion to approve Res. 94-R-04, seconded by Councilman Hays. The motion CARRIED 5-0. UNFINISHED BUSINESS A. Library Board's Request that Council consider Expansion of Library Parking a Hiqh Priority This item was discussed earlier by Council. 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 Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays spoke about semi-trucks speeding on the roads in Florida Shores. There was a discussion about people parking semi-trucks in their front yard and this being a violation of our Code. Councilman Mitchum spoke about police officers not doing anything about these semi-trucks riding in Florida Shores. There was continued discussion regarding the semi-trucks in Florida Shores. Mayor Hayman suggested speaking to the drivers of these semi- trucks to try and work something out. Page -7- Council Regular Meeting February 22, 1994 .... .."" councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Havman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones asked what the speed limit is coming into the City. Chief Schumaker informed him it was 45 mph. Councilman Jones feels it is dangerous at the north end of the City. Chief Schumaker informed him this has been addressed to DOT. There was further discussion regarding this matter. Questions from Press There were no questions from the press at this time. CITIZEN COMMENTS Dominick Fazzone, 302 Paradise Lane, stated the City is on a roll. He stated the ClP is almost complete, and the road paving and recreation plans are being formulated. He feels the city is going in the right direction ADJOURNMENT There being no further business to discuss, Councilman Jones made a motion to adjourn, seconded by Councilman Hays. The meeting adjourned at 10:08 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting February 22, 1994