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02-07-1994 - Regular 'W' ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 7, 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 Dr. William Sharp, Christian Life Center. There was a pledge of allegiance to the Flag. Mayor Hayman asked to have Item 6A moved up on the agenda before citizens Comments. It was the consensus of the Council to move Item 6A up on the agenda. APPROVAL OF MINUTES Reqular Meetinq of January 24, 1994 Councilman Hays made a motion to approve the January 24, 1994 minutes, seconded by Councilwoman Martin. The motion CARRIED 5- o. NEW BUSINESS A. Florida Inland Naviqation District's proposal to locate spoil site in the Planned Industrial Development district Community Development Director Mark Karet made a presentation. David Roach, Assistant Executive Director of the Florida Inland Navigation District, gave a presentation and explained maps and showed slides on some of the projects FIND has made possible. Mr. Roach explained the proposal and the procedure to locate a spoil site in the PID district. Mayor Hayman explained to Council that Joe Martin has met with FIND and staff to work on a proposal that was to be considered for joint consideration. He spoke about the blue line drawings prepared by Mr. Martin which represents the proposal of staff's position. Mayor Hayman asked if the drawings were acceptable. Mr. Roach informed him they had been reviewed and this is an acceptable plan. Mayor Hayman spoke about the concerns of a future golf course and the proposed industrial park. He explained staff feels they may be giving up more than they would be getting. Mayor Hayman went on the explain the way the plan was developed. ~ ~ Mayor Hayman asked Mr. Roach if the city could take advantage of the use of the fill elsewhere after the spoil has been inspected and deemed safe. Mr. Roach explained it is their intention and need to unload the site periodically to regain capacity. Mayor Hayman asked if the recreation area on the south entrance is still agreeable to have as a recreation area due to the wetlands. Mr. Roach explained they would have to acquire a much wider area to provide access for the site so the land will not really be usable for the purpose of managing dredge material. Mayor Hayman then asked if the road to this project would be an industrial road that will withstand heavy industrial use. Mr. Roach stated he would go to his board and present this and they would be building a road and the extra cost to make it inudustrial strength paved he doesn't see as a problem. Councilman Jones asked when this material is being pumped what type of noise factor will there be. Mr. Roach stated there is no noise factor associated with the pipeline into the Gabordy Canal. He stated the dredge itself will be located out in the intracoastal waterway. Councilman Hays questioned if the reuse water will be able to be used. Mr. Roach informed him this would have to be looked at by their engineers. Councilman Mitchum asked about the road being connected to 10th street. Mayor Hayman did not have a problem with connecting to 10th street but this may cause a problem with increasing traffic from the Middle School through the Industrial Park. He stated the property owners concerned and the Florida East Coast Railway have not expressed any objection in the location of the spoil site. Councilwoman Martin made a motion to accept site V26 as a spoil site in our City as proposed, seconded by Councilman Hays. The motion CARRIED 5-0. CITIZEN COMMENTS Bob McIntosh, 2921 Sabal Palm Drive, Beach Trust commission, spoke about the $5.00 toll being in place. He then spoke about the new marketing plan. He stated alcohol will be permitted on a limited basis certain sections of the beach on a case by case basis. Mr. McIntosh informed Council there will be a workshop on February 22nd regarding Capital Expenditures with the increase in tolls and how they will invest the money. Mayor Hayman spoke about the citizens being concerned with the jet ski issue. Mr. McIntosh stated to his knowledge it has not been moved yet and this will be on a six month basis. Councilwoman Martin spoke about the jet skis being allowed in the Indian River. COUNCIL/OFFICERS REPORTS City Attorney City Attorney Storey had nothing at this time. city Manaqer City Manager McMahon had nothing at this time. Page -2- Council Regular Meeting February 7, 1994 .... ...." CITY COUNCIL Councilman Hays Councilman Hays spoke about the paving job on Park Avenue. He feels there was an oversight on the intersection of U.S.#l and Park Avenue. He feels we need a turn arrow at the intersection. He asked that this matter be looked into. Councilman Mitchum Councilman Mitchum had nothing at this time. Mavor Havman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones spoke about a main that broke and was patched. He stated the patch was done on Perdita street and it is starting to cave in again. He stated it is starting to deteriorate and needs to be repatched. Councilwoman Martin Councilwoman Martin commended Char lane Runge for the great report she received regarding her work. She feels is doing a good job. Mayor Hayman commended her also and stated she has earned her salary and then some. CONSENT AGENDA There were no items on the consent agenda to be discussed. NEW BUSINESS B. Jan & Lib's Hi-Tops Lounqe Inc. request to extend hours to 3:00 a.m. durinq Bike Week and to put UP tent to sell T-shirts - March 4th till March 13th Elizabeth Fenical, 319 N. Ridgewood Ave, made a presentation. She asked to sell T-shirts in a tent outside. Mayor Hayman read the requirements of the Police Department. Ms. Fenical agreed to these requirements. Councilman Hays asked if there was a problem with extending the hours last year. Chief Schumaker informed him there was not. Mr. Karet informed Council they would need to get an occupational license to sell the T-shirts. There was a discussion on allowing all of the establishments to extend their hours of operation. Councilman Jones stated he had no problem with the tent. Councilman Jones made a motion to accept the tent sale, seconded by Councilman Hays. The motion CARRIED 5-0. Councilwoman Martin made a motion to allow the hours to be extended until 3:00 a.m. during Bike Week, seconded by Councilman Hays. The motion CARRIED 3-2. Councilman Mitchum and Councilman Jones voted NO. Page -3- Council Regular Meeting February 7, 1994 ".... ..., C. Ernst & Younq's Presentation of Audit for Fiscal Year endinq September 30, 1993 and Aqreement for Future Auditinq Services Linda Lindsey, Ernst & Young, made a presentation and gave a financial overview on the audit for FY 92/93. Ms. Lindsey stated this is the tenth consecutive year the city has received the certificate of Achievement for Excellence in Financial Reporting and congratulated Staff on their fine job with the report. Mayor Hayman commented on the high school and middle school children of Edgewater being left out of the section on children in school and asked the reason for this. Ms. Lindsey informed him this was a good point and she would support suggesting to the Finance Department that information be included in the report. Mayor Hayman asked about the section where recommendations were made in last year's audit report not being included in this year's report. Ms. Lindsey elaborated on his concerns and went over the recommendations for this year's audit report. councilman Hays made a motion to accept the audit report for FY 92/93, seconded by Councilman Jones. The motion CARRIED 5-0. City Manager McMahon commented on using Ernst and Young for future auditing services. He made a recommendation to continue using Ernst and Young. Mayor Hayman commented on a memo from Finance Director Fred Munoz on this matter. Councilman Hays expressed his concerns with having an obligation for three years. He stated he can not support the three years. Councilman Hays does not agree with the additional increases and feels the work provided can not change that much. Mayor Hayman agreed. He feels the city needs to look at going out for RFP's. Councilwoman Martin expressed concern with time loss in educating a new firm. She feels the City should stay with Ernst & Young. Councilman Jones agreed with Councilwoman Martin but was not sure on the price. Ms. Lindsey spoke on the increase in the price and the time loss in educating a new firm. Councilman Mitchum also commented on the increase in the price. He feels it is the wrong time to change to a new firm. Councilman Mitchum made a motion exercise Option 1 for three years with an option for an additional two, seconded by Councilman Jones. Councilman Hays again expressed concern with having a contract for three years. Mayor Hayman agreed with Councilman Hays. The motion CARRIED 3-2. Councilman Hays and Mayor Hayman voted NO. Ms. Lindsey informed Councilman Hays the contract is not binding for three years. There was a five minute recess at this time. Page -4- Council Regular Meeting February 7, 1994 ~ .""., D. Waters Risk Manaqement's Proposal to Perform Risk Manaqement Audit and Provide Insurance Remarketinq Assistance city Manager McMahon gave a report on this subject. He explained the price would be $12,500 if the review on the group life/health benefits is not included. Mayor Hayman informed Council staff recommends their consideration of this proposal. Councilman Hays made a motion to accept this proposal, seconded by Councilman Mitchum. The motion CARRIED 5-0. E. Sign Ordinance Report/Economic Development Board Comments city Manager McMahon commented on the report from the Economic Development Board. He stated the LDRA has not made any comments on this report yet. city Manager McMahon recommended reviewing the comments of the Economic Development Board and then send it on to the LDRA for their consideration. Dominick Fazzone, Chairman, LDRA, commented on this matter. Councilwoman Martin feels it is only fair to send the Economic Development Board comments back to the LDRA for reconsideration. Councilman Hays feels it would be helpful if the LDRA addressed certain issues on the sign ordinance. Mr. Fazzone stated it is the intent of the LDRA to go over those comments. He went on to speak about how long it has taken to get this far with the sign ordinance. Mayor Hayman asked for representation from the Economic Development Board to help clarity and understand their recommendations and commentary. There was further discussion regarding the length of time it has taken to get the final results of the sign ordinance. Mayor Hayman asked City Manager McMahon if this is being sent to the LDRA encouraging joint effort between the LDRA and the Economic Development Board and requesting it be placed on the agenda as soon as possible and return a recommendation in the form of an ordinance or by a workshop. city Attorney Storey stated that would be in the Council's discretion. Council agreed to have something sent back to them in ordinance form from the LDRA and Economic Development Board. Councilman Jones stated this needs to be taken care of and he would like to see it expedited. F. Perry Barrett re: concerns with sian ordinance Bill Gleason, 3001 India Palm Drive, commented on placing a sign on SR 442 which directs people to Ponderosa Homes location in Meadow Lake. Mr. Gleason read a letter from Mr. Reginald Sharp addressed to Mr. Barrett dated December 29, 1993. He commented on Mr. Lewis wanting the sign that was removed replaced so people would stop ringing his door bell to find out where Ponderosa Homes model is located. Page -5- Council Regular Meeting February 7, 1994 '-" """'" Mr. Gleason spoke about being cited by the Code Enforcement Board. Councilwoman Martin explained she doesn't understand the ban on any sign in the City. City Attorney storey spoke on the reason why the Code Enforcement Board requested the sign be removed. Councilman Hays expressed concern about other people wanting to place this type of sign in Edgewater. He then asked how this would be addressed in the sign ordinance. Mr. Karet elaborated on this matter. Councilman Mitchum asked if this is a permitted sign the way the code is now. Mr. Karet informed him the only signs permitted are those which advertise for something that is on that piece of property. There was further discussion on this matter. Councilman Jones does not have a problem with allowing this sign until the sign ordinance is in effect because the new sign ordinance will address this problem. Councilwoman Martin made a motion that the sign be allowed until the new sign ordinance is inacted and if allowed by ordinance it shall remain and if it does not it shall be removed, seconded by Councilman Mitchum. City Manager McMahon further elaborated on this matter. The motion CARRIED 5-0. G. steve Dennis re: Kiwanis Club Donation/Kiwanis House steve Dennis gave a brief presentation on his letter from the Kiwanis Club. Councilman Hays made a motion to give the $700 to the Family crisis Help Center, seconded by Councilman Mitchum. Mayor Hayman expressed concern about the people who are receiving the benefits of this program now at the Kiwanis House. Mr. Dennis and Councilman Hays elaborated on his concerns. The motion CARRIED 5-0. H. Public Works Director's request to purchase one F700 Diesel Chassis 4 yd. dump truck for $30.153 using state contract City Manager informed Council the dump truck they have now is twenty-seven years old. He suggested donating it to the auction and purchasing a new one. Councilman Jones made a motion to accept this request, seconded by Councilman Hays. The motion CARRIED 5-0. I. Appointment of one member to Building Trades Requlatorv and Appeals Board due to expiration of term of Michael Nelson Mayor Hayman expressed that Mr. Nelson would like to continue serving on the Board. Councilman Hays made a motion to reappoint Michael Nelson, seconded by Councilwoman Martin. The motion CARRIED 5-0. Page -6- Council Regular Meeting February 7, 1994 ..... ,.."" J. Appointment of two members to Land Development and Requlatory Aqency due to expiration of terms of Dominick Fazzone and Robert Garthwaite Councilman Hays made a motion to reappoint Dominick Fazzone and Robert Garthwaite, seconded by Councilman Jones. The motion CARRIED 5-0. K. Amendment to Anqie Brewer & Associates Contract re: CIP Grant/Loan Proqram city Manager McMahon made a brief presentation on this amendment. Councilman Mitchum made a motion to approve the amendment, seconded by Councilman Hays. The motion CARRIED 5-0. L. city Clerk's Request for Establishment of Equity study Commission re: Chapter 11, occupational License Taxes, Regulations and Classifications City Clerk Susan Wadsworth made a presentation at this time. She explained the state has required us to establish an Equity Study Commission which will help in checking classifications we have now and the rates and the Commission would be coming back to Council with recommendations. Councilman Mitchum made a motion to grant this request, seconded by Councilwoman Martin. The motion CARRIED 5-0. M. Cancellinq or reschedulinq meeting of Monday, February 21, 1994, due to Presidents Day holiday Councilman Jones made a motion to reschedule the regular meeting for February 22nd, seconded by Councilman Hays. The motion CARRIED 5-0. N. Discussion of tentative aqenda and schedule of City proqrams, proiects and work tasks There was discussion on the tentative schedule for future City programs, projects and work tasks. Each item on this agenda schedule was addressed. Council had no problem with the tentative agenda and schedule. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 94-0-05 Reducinq Grass and Weed Heiqht from 18" to 12" and Establishinq Enforcement Procedure Mayor Hayman read Ord. 94-0-05. City Attorney Storey stated currently there is a 24" height limit, not 18", so they would be going from 24" to 12". She further explained the reason for this ordinance. There was a discussion on section 10-91-B re: real property abutting public rights-of-way. There was further discussion regarding the enforcmenet procedure. Councilman Mitchum made a motion to approve Ord. 94-0-05 with section 10-91-B being deleted, seconded by Councilwoman Martin. The motion CARRIED 5-0. Mayor Hayman stated at the second hearing we will have public participation which should be on February 22nd. Page -7- Council Regular Meeting ....... ....", February 7, 1994 SECOND READING: (PUBLIC HEARING) B. Ord. 94-0-01 Creatinq Reclaimed Water Reuse Proqram and Res. 94-R-02 Establishinq Schedule of Fees and Charqes for Reclaimed Water System Mayor Hayman read Ord. 94-0-01. Mayor Hayman opened the public hearing. Mario DiOrio, 1823 Evergreen Drive, feels there is not enough information regarding fees and charges. Mayor Hayman informed him they were in public hearing for Ord 94-0-01 to create the reclaimed water reuse program. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Ord 94-0-01, seconded by Councilman Mitchum. Director of utilities Terry Wadsworth spoke about section 19-124 of this ordinance. He advised Council to change the language from shall to may. The motion CARRIED 5-0. Mayor Hayman read Res. 94-R-02. Mayor Hayman informed Mr. DiOrio of the fees that are being proposed. Mr. Wadsworth explained how they established the $5 per month fee. There was discussion on the $175 connection charge and the $5 per month charge. There was discussion on waiving the fee for this fiscal year. Councilman Mitchum asked when the City would be able to hook up. Mr. Wadsworth stated they can probably start connections in 2 - 3 weeks. There was discussion on the education of this reuse program. Councilman Jones suggested having a workshop with every supplier to explain the products used for this project so they know exactly what it is all about. Councilman Hays made a motion to accept Res. 94-R-02 waiving the fee for this fiscal year, seconded by Councilman Mitchum. City Attorney Storey asked for clarification on the $5 fee. Mr. Wadsworth informed her that fee would be developed as far as the budget process this year. She suggested adding there will be no monthly service charge for residential and commercial customers until October 1st. It was decided it would state beginning October 1, 1994, the fee schedule will be established. The motion CARRIED 5-0. C. Ord 94-0-02 Revisinq section 19-27 and 19-27.1 on Cross- Connection Control policy re: Reclaimed Water Mayor Hayman read Ord. 94-0-02. Mayor Hayman opened the public hearing. Page -8- Council Regular Meeting February 7, 1994 ~ ~ Doris Hill, 112 Lincoln Road, asked who is going to pay for the reuse water lines for the citizens who are outside of Florida Shores when these are put in place. City Manager McMahon explained it will have to be built into the rate structure in the Fall in continuing years because the amount of money you take in from the rates are going to have to provide for future expansion of these reuse water lines. Mrs. Hill explained she would be very interested in reuse water but if she is going to have to pay for a line to carry that water she is better off putting in a well. Mr. Wadsworth elaborated more on Mrs. Hill's concerns. Mario DiOrio, 1823 Evergreen Drive, spoke about the additional 3400 residents outside the Florida Shores area and how the cost will work using impact fees and other source revenues. Mr. Wadsworth elaborated on his concerns. Mr. DiOrio spoke about the capacity of reuse water the city can get rid of in a day and how much will be available for each residence. He expressed concern with whether or not he will have it available to him. Mayor Hayman closed the public hearing. Councilman Mitchum made a motion to approve Ord 94-0-02, seconded by Councilwoman Martin. The motion CARRIED 5-0. D. Ord. 94-0-03 Annexation Reauest of Wesley S. Harvey for .35+ acre parcel at 191 Roberts Road Mayor Hayman read Ord 94-0-03. Mayor Hayman opened the public hearing. Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to approve Ord. 94-0-03, seconded by Councilman Jones. UNFINISHED BUSINESS There was no unfinished business to discuss at this time. 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 Councilman Hays Councilman Hays spoke about the financial report they received tonight. He thanked Mr. McMahon for the good job he did on the budget. He mentioned a business expo coming up on March 25th and March 26th. Councilman Mitchum Councilman Mitchum had nothing at this time. Page -9- Council Regular Meeting February 7, 1994 ..... ....." Mayor Hayman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. Questions from Press There were no questions from the press at this time. CITIZEN COMMENTS Doris Hill, 112 Lincoln Road, questioned Item7A. She asked if a thistle is a weed. She stated she has eight growing in her yard. Mr. Karet elaborated on her concerns. Mrs. Hill asked about activities for the youth of Edgewater. She feels he is starting out on a very expensive program. Councilman Hays informed her he is looking for recreation activities for everyone in Edgewater. Mrs. Hill expressed concern with not having the money for paving and then getting involved with a project like this too early. She then spoke about an article in Letter to the Editor which she would copy for Council. clifford Clark, 1818 Evergreen Drive, would like to have Council reconsider taking out the clause in Ordinance 94-0-05 regarding the public right-of-way. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn, seconded by Councilwoman Martin. The meeting adjourned at 10:58 p.m. Minutes submitted by: Lisa Kruckmeyer Page -10- Council Regular Meeting February 7, 1994