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01-24-1994 - Regular ~ ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 24, 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 Lieutenant William Britain Present Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE: The invocation was delivered by Father Campagone, Retired from the Roman Catholic Church. There was a pledge of allegiance to the Flag. Due to the tape recorder malfunctioning there are no available tape recordings. Minutes are taken from the City Clerk's notes. APPROVAL OF MINUTES: Reqular Meetinq of January 3. 1994 Councilwoman Martin made a motion to approve the January 3, 1994 minutes, seconded by Councilman Hays. The motion CARRIED 5-0. CITIZEN COMMENTS: Judith Lichter, 826 Navigator Way, spoke on the possibility of getting mass transit in Edgewater. She also expressed her feelings in keeping the Public Library. Mayor Hayman informed Ms. Lichter they would be addressing the Library under his reports. Galan McClain, 3119 Queen Palm, questioned the payment status on roads that the city previously paved. He expressed his concern for not placing liens on the properties that have not paid. Fred Munoz, Finance Director, gave a report from his memorandum dated August 25, 1993, Subject Paving Assessments. He explained that liens have been filed and payments made. He explained that Project #1 included paving pine Tree Dr.-12th to 30th Street, Travelers Palm-12th to 30th Street, vista Palm Dr. 12th to 30th Street, original assessment amount $360,000.00, outstanding assessment amount $4,069.02, 1.13% of assessment, assessment per linear foot $4.4073. Project #2 included paving Needle Palm Dr.-16th Street to Indian River Blvd., Sabal Palm Dr.-21st Street to 30th Street, 22nd Street-willow Oak to Silver Palm, 30th Street-Willow Oak to Silver Palm, original assessment amount #134,000.00, outstanding assessment amount $2,504.57, 1.87% of assessment, assessment per linear foot $4.07. ....,. ~ Project #3 included paving Guava to 26th street, willow Oak-30th street to 36th street, Orange Tree Dr.- 12th street to 30th street, Queen Palm Dr-Indian River Blvd to 30th street, original assessment amount $502,975.00, outstanding assessment amount $21,497.57, 4.25% of assessment, assessment per linear foot $5.889. Total outstanding assessments being $28,071.16, 2.82% of the original assessment. CONSENT AGENDA: A. Economic Development Board By Laws Councilman Hays asked that this be moved under New Business Item C. NEW BUSINESS: A. utilities Director's request to purchase Dixie Pow-r Mole as sole source supplier for reuse/water connections for across the street application utility Director Terry Wadsworth made a brief presentation on the use and need for this piece of equipment. He also spoke on the subject of sole source for the purchase. Councilman Hays made a motion to approve this purchase, seconded by Councilman Mitchum. The motion CARRIED 5-0. B Appointment of Pastor Roger D. Miracle as Honorary Chaplain of Edqewater Police Department Lt. William Britian briefed the Council on the duties of the Police Chaplin and then introduced Pastor Miracle to the Council. The Council thanked Pastor Miracle for his willingness to serve. Councilman Jones made a motion to appoint Rev. Miracle as the Chaplin, seconded by Councilwoman Martin. The motion CARRIED 5- o. C. Appointment of two members to Economic Development Board due to resiqnations of Joe Martin and Nancy Swiney At this time the Economic Development Board By- Laws were discussed with the Chairman of the Economic Development Board, Phillip Fong. There was some discussion on Article IV Membership, reference to the number of members and quorum. There was some discussion on Article VI Duties, section B. It was the consensus of the Council that expenditures from the Economic Development Board's budget be subject to the approval of the City Manager. Councilman Mitchum made a motion to accept the By-Laws with the amendment, seconded by Councilman Hays. The motion CARRIED 5-0. The City Attorney will get with Chairman Fong to revise the wording. Councilman Mitchum made a motion to appoint Dr. Charles Gebelein to the Economic Development Board, seconded by Councilman Jones. The motion CARRIED 5-0. Councilman Jones made a motion to appoint Richard Jones to the Economic Development Board, seconded by Councilman Hays. The motion CARRIED 5-0. Council Regular Meeting January 24, 1994 2 ...." ...., D. Appointments of two members to Library Board due to expiration of terms of Lauretta Shafer and Jeanette Dudley Councilman Hays made a motion to reappoint Jeanette Dudley to the Library Board, seconded by Councilman Jones. The motion CARRIED 5-0. Councilwoman Martin made a motion to reappoint Lauretta Shafer to the Library Board, seconded by Councilman Hays. The motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 94-0-01 Reclaimed Water Reuse Proqram utilities Director Terry Wadsworth gave the background of this ordinance. He explained that he would like to have the Council make one change to the Ordinance. The change is in the section titled: Extensions of distribution system to existing developments, sub section (b). The change is to replace "director" with "Council". The section should now read: The request shall be granted if the Council determines that extension of the system to the area will be cost effective and feasible. Mayor Hayman read Ordinance 94-0-01 in full. Councilman Hays made a motion to adopt Ordinance 94-0-01 as amended, seconded by Councilman Mitchum. The motion CARRIED 5-0 B. Ord. 94-0-02 Revisinq Section 19-27 and 19-27.1 on Cross- Connection Control policy re: Reclaimed Water utilities Director Terry Wadsworth explained that this ordinance was necessitated by the Department of Environmental Protection's review of the City's reuse ordinance. Mayor Hayman read Ordinance 94-0-02 Councilwoman Martin made a motion to adopt Ordinance 94-0-02, seconded by Councilman Hays. Motion CARRIED 5-0. C. Ord. 94-0-03 Annexation Request of Wesley S. Harvey for .35+ acre parcel at 191 Roberts Road Mayor Hayman read Ordinance 94-0-03 Councilman Hays spoke on enclaves. He stated this ordinance is a step in the right direction in eliminating enclaves. Councilman Hays made a motion to adopt Ordinance 94-0-03, seconded by Councilwoman Martin. Motion CARRIED 5-0. D. Ord. 94-0-04 Authorizinq Extension of Bar and Tavern Hours durinq Race Weeks and Bike Week city Attorney Krista Storey stated that in the past two years the City Council has authorized an extension of bar and tavern hours during Bike Week pursuant to a request of an individual bar owner. This ordinance was drafted pursuant to Council direction that a method be considered to eliminate the need for annual requests. Lt. William Britian briefed the City Council on the memo from Chief Schumaker. He stated Hi-Tops Lounge had made a request to extend the hours from, 2:00am to 3:00am, March 4th through March 13th. The request also includes permission to sell "T" shirts from a tent during the same time frame. The memo also stated the Chief could not find compelling public safety interest to extend the closing hours. Council Regular Meeting January 24. 1994 3 'W ...., The Council discussed this ordinance at length. Mayor Hayman asked for a motion on Ordinance 94-0-04. Ordinance 94-0-04 died from a lack of a motion. The consensus of the City Council was to have requests of this type come to Council on an annual basis. The request from Hi-Tops will be put on the next agenda. E. Ord. 93-0-18 Addinq Second Council/Officers Reports Section to Order of Business for City Council Meetings Mayor Hayman read Ordinance 93-0-18. Mayor Hayman opened Public Hearing. Mayor Hayman closed Public Hearing. Councilman Hays made a motion to adopt Ordinance 93-0-18, seconded by Councilman Jones. Motion CARRIED 5-0. Resolution 94-R-01 with the adoption of Ordinance 93-0-18, the Council considered Resolution 94-R-01 establishing Council proceedings. city Attorney Krista Storey explained that these proceedings reflect current Council practices. Councilman Hays made a motion to adopt Resolution 04-R-01, seconded by Councilwoman Martin. Motion CARRIED 5-0. F. Amendment to Development Agreement for Windview Townhomes Community Development Director Mark Karet briefed the Council on the background of this request. He explained the applicant James Davenport wishes to amend the agreement so that he will not be required to remove the existing bulkhead. He went on to explained that this went to the L.D.R.A. and they recommended approval of the amendment. Glen Storch- From the law firm of Storch, Hanson and Morris addressed the City Council on the request. Mayor Hayman opened the Public Hearing. Mayor Hayman closed the Public Hearing. Councilman Hays made a motion to approve the amendment, seconded by Councilman Mitchum. Motion CARRIED 5-0. UNFINISHED BUSINESS: Street pavinq Report 1) Over. Riddle. Mills & Precourt Enqineerinq Report on stormwater Fees Ron Ferland, Dyer, Riddle, Mills and Precourt, gave the City Council a report on stormwater management. City Manager explained to the City Council that in order to gain State approval for the paving project a stormwater drainage system must be included. He explained the need for retention ponds. Ron Ferland explained the original paving plans called for using some of the east/west streets for water retention. He explained the reason for using the east/west streets was because the City already owns them. Council Regular Meeting January 24, 1994 4 '-' .."., The Council discussed the reasons why the City choose to initially go to this plan. Mr. Ferland explained the ponds would be shallow grassed areas and are designed so they will percolate in a short time frame. City Manager McMahon explained that no driveways will be closed on these side streets. He also went on to explain that some of the side streets will be paved to allow east/west driving through Florida Shores Mr. Ferland discussed the charging of vacant parcels a stormwater fee. It was the consensus of the City Council to authorize the revision of the existing stormwater fee ordinance to include all City properties based on the DRMP proposal. 2)Proposed Enqineerinq Services Aqreement Ron Ferland went over the Engineering Service Agreement for the Council. The first amendment provides for revisions to the Florida Shores paving and drainage design which was originally developed for the Capital Improvement Program. Amendment #1 at a cost of $224,659.00. Councilman Mitchum made a motion to enter into an agreement on Amendment 1, regarding the design revision, seconded by Councilman Hays. Motion CARRIED 5-0, 3) pavinq Assessments and Stormwater Fees for Vacant Properties on County Tax Roll It was the consensus of the City Council to have the necessary resolutions prepared to enable stormwater fees on vacant property and the paving assessments to be collected by the County Tax Collector. 4) Proposed proiect Schedule Mark Karet, Community Development Director gave a report to the Council on his memorandum on the road improvement program and tax increment financing dated January 18, 1994. There was discussion on the proposed paving project schedule. Ron Ferland explained that his firm would need 29 weeks to revise the paving plans. He went on to say it could take up to 18 months to do the actual paving and stormwater work. The work should begin by September. COUNCILI OFFICERS REPORTS: city Attorney City Attorney had nothing at this time. city Manaqer City Manager had nothing at this time. city Council Councilman Mitchum Councilman Mitchum informed the City Council on a call he received from a lady in Edgewater Landing. He explained to them he was sure this was just a mistake but, when the lady had an additional water meter installed for her irrigation system, she was charged an additional stormwater fee on that meter. Since she is already paying stormwater fees on her initial water meter. Council Regular Meeting January 24, 1994 5 ..., ."., She is asking that the stormwater fees for the irrigation system meter be reimbursed to her in the amount of $180.00. Because of the language in the ordinance, staff was unable to authorize the refund. Council action is necessary. Councilman Mitchum made a motion to reimburse the $180.00, seconded by Councilman Jones. Motion CARRIED 5-0. Mavor Havman Gave a report on the Library situation. He explained that Councilman Hays and he, along with Mrs. Haughwout, a representative of our Library Board, attended a meeting at the Brannon Memorial Library in New Smyrna Beach. The meeting consisted of a brainstorming session to identify community concerns and develop viable alternatives. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays spoke on the letter he received from Spencer Wheel Chair Company. He feels that water cutoffs for business should be changed to 25 days. He also asked about the bicycle safety course status. Lt. Britian stated they have started this program. Councilman Mitchum asked the Police Department to look into the large trucks using the streets of Florida Shores. QUESTION FROM THE PRESS: No questions from the press. CITIZENS COMMENTS: Doris Hill, Lincoln Road asked when the Council is going to consider the sign ordinance. Councilman Hays replied it will be on the next agenda. Dominick Fazzone, LDRA, advised the Council that the LDRA will be making recommendations to the sign ordinance at their next meeting. Blossom Bailey, remarked on statements made in reference to raising taxes to fund the road paving. Mr. Karet explained to Mrs. Bailey that the City was not considering raising taxes to fund the program. Joe Martin, spoke on the tax increments financing. ADJOURN; There being no further business to discuss, Councilman Mitchum made a motion to adjourn, seconded by Councilman Hays. The meeting adjourned at 10:25 p.m. Minutes submitted by: Susan J. Wadsworth Council Regular Meeting January 24, 1994 6