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06-02-1997 - Regular ...., ..." CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 2, 1997 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 Danny Hatfield 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 Pastor Chuck Acheson, Nazarene Church of New Smyrna Beach. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of May 19, 1997 Councilman Hays made a motion to approve the May 19, 1997 minutes, second by Councilman Mitchum. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (other than public hearings) Judith Lichter, 826 Navigators Way, spoke about Edna Hickox, an applicant for the LDRA. She stated Ms. Hickox was the clerk of the Planning and Zoning commission in Connecticut where Ms. Lichter served for six years. She spoke about the credentials of Ms. Hickox. CITY COUNCIL REPORTS Councilwoman Martin had nothing at this time. Councilman Hays had nothing at this time. Councilman Mitchum had nothing at this time. Councilman Hatfield had nothing at this time. Mayor Hayman spoke about representing the City at the Volusia League of Cities, Metropolitan Planning Organization, and Volusia Council of Governments. He can no longer represent the Council and asked to be relieved of his responsibilities and that Council appoint someone else. Mayor Hayman informed Council a Department Head or City Manager could act on behalf of the City. The next VCOG/MPO meeting will be the 4th Tuesday of the month. The meetings are at the VCOG headquarters in Pelican Bay. Councilman Hays asked for an opportunity to look at this. 'w' ...., PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. First readinq Ordinance No. 97-0-08 Animal Control Mayor Hayman read Ord. 97-0-08. City Attorney storey presented the background information. Councilwoman Martin asked if the ordinance still includes defecation on the Riverwalk. City Attorney storey explained that is still in effect. Councilman Hays commented on Muscovy ducks, barking dogs and nuisance animals. He feels a wonderful job was done on the ordinance. Mayor Hayman complimented staff for the ordinance. He clarified spaying and neutering under the Breeders definition on Page 6. Mayor Hayman spoke about the definition of citation on Page 6 and not wanting any more legislation that will put the citizens of this community in court. City Attorney storey elaborated on Mayor Hayman's concerns. She explained the citation process is a civil citation process. Chief Schumaker explained what the Animal Control Officer will be able to do under the new ordinance with civil citations. Mayor Hayman commented on the Code Enforcement Board and there being an appeals system and mechanism where we don't go to court. If they don't like what happens here, they can appeal and go to civil court. Chief Schumaker elaborated on Mayor Hayman's concerns. Mayor Hayman of property. defecation. spelled out. property. spoke about urination and defecation and destruction He appreciates an owner having to pick up the He feels destruction of property is not clearly Is there a dollar value for destruction of Councilman Mitchum made a motion to approve Ord. 97-0-08, second by Councilwoman Martin. The motion CARRIED 4-1. Mayor Hayman voted NO. B. First readinq Ordinance No. 97-0-09 parcel from 1-3 to 1-1 West Park Avenue Rezoninq 1.11+ acre Mayor Hayman presented the background information and read Ord. 97-0-09. Community Development Director Mark Karet made a brief staff presentation due to this requiring a public hearing at which time a detailed presentation will be made on the criteria established in the ordinance. He called Council's attention to the maps. Councilman Hays asked the type of fish that will be raised. Mr. Karet explained this request is simply for a change in zoning. The applicant has a separate request where he would like to see aquaculture added to the list of the 1-1 and that is going through the process now. The LDRA had a hearing at their last meeting where they recommended a limited aquaculture use be permitted in all the industrial districts. Earl Wallace, 1927 Guava Drive, presented comments on behalf of Charles E. Wheaton. He feels it would benefit the community in allowing the rezoning to be approved. Councilman Hatfield made a motion to approve Ord. 97-0-09, second by Councilman Mitchum. The motion CARRIED 5-0. Page -2- Council Regular Meeting June 2, 1997 'W ,..., CONSENT AGENDA A. Annual Arbitrage rebate calculations Councilman Hays made a motion to approve the Consent Agenda, second by Councilman Hatfield. The motion CARRIED 5-0. OTHER BUSINESS A. Declare reuse connection and line extension materials to be impact fee eligible Councilman Mitchum moved for approval, second by Councilman Hatfield. The motion CARRIED 5-0. B. Declare engineering bills for city/County service area related work to be impact fee eligible Councilman Hays moved for approval, second by Councilman Mitchum. Councilman Mitchum asked wanted to go with this. they can spend as far as throw this back into the about the discussion on how far Council He asked if there is any idea how much the engineers are concerned before we County's lap. utilities Director Terry Wadsworth explained they are looking in the neighborhood of $20,000 for everything which has been approved. The rates, impact fees and submittal will be ready to go to the County this week. Mayor HaYman asked that minutes of the Special Meeting held that articulated the strategy and action plan of the city be faxed to the County Council. The motion CARRIED 5-0. C. Affirm appointment of one member-elected representative and fifth member to Firefighters Pension Fund Board Councilwoman Martin made a motion to approve the recommendation of Gary Butt and Jill Landreville, second by Councilman Hatfield. The motion CARRIED 5-0. D. Appointment to Land Development and Regulatory Agency Councilman Hatfield made a motion to approve Edna Hickox, second by Councilman Hays. The motion CARRIED 5-0. E. DeBary City Council's request to support naming their new public library "The Florence K. Little Memorial Library." Mayor HaYman presented the background information. Councilwoman Martin made a motion to support this request, second by Councilman Mitchum. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. OFFICER REPORTS City Attorney Storey had nothing at this time. City Clerk Wadsworth had nothing at this time. City Manager McMahon asked City Engineer Fegley to comment on S.R. 442 and his meetings with DOT regarding options they have presented to the City. Page -3- Council Regular Meeting June 2, 1997 .. v .." City Manager McMahon also asked City Engineer Fegley to discuss negotiations with Tommy Durrance, Halifax Paving, on the amount of extra work he is doing and the possibility of negotiating liquidated damages with him. city Engineer Fegley presented a report on the widening of S.R. 442 and the options provided by DOT. He requested feedback on the options. Mayor HaYman stated what he saw represents some progress in the right direction. He asked if they are going to provide a similar rendering like the 30% rendition they gave us. City Engineer Fegley explained typically it is 30%, 60%, and 90% design. Mayor HaYman stated he is interested in city Engineer Fegley's comments from the traffic engineering perspective on safety, particularly when they start connecting the turn lanes. City Engineer Fegley explained he is not in favor of either option and feels they should negotiate more. Mayor Hayman has strong objection to the elimination of any cross over. Councilman Mitchum agreed with Mayor Hayman. He stated it looks like DOT is willing to negotiate. Councilman Hays spoke about the utility poles being placed on S.R. 442. He needs more information before he can make an educated guess as to what would be best. Councilman Hatfield feels City Engineer Fegley is right on target. City Manager McMahon briefly spoke about beautifying S.R. 442. City Engineer Fegley presented a status report on the RIP project regarding additional work done and negotiating the liquidated damages with Halifax Paving. The final completion date is June 19th at which time liquidated damages could be applied if they are not 100% done. He has another letter of request to extend the contract time due to some valid reasoning. City Engineer Fegley will approach Council at the next meeting to discuss Halifax Paving trying to circumvent the liquidated damages and work with the City. They don't want any additional money, they just don't want the City to assess any penalties. City Manager McMahon spoke about the cooperation the City has received from Tommy Durrance of Halifax Paving. Mayor HaYman agreed with City Manager McMahon. City Manager McMahon explained he has been looking into different mulching operations rather than using the incinerator. We are looking at, through a trial operation, leasing equipment. If this can accommodate what we want in terms of volume and within a reasonable cost, that is probably the way he will recommend it to Council. We would then go out for RFP's for leasing. Councilman Hays suggested other area cities may be interested in going in on this with the City. Donald Masso, 317 pine Breeze Drive, Chairman, LDRA, thanked Council for their judicious selection of a member to their board. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn. The meeting adjourned at 8:00 p.m. Minutes submitted by: Lisa Kruckmeyer Page -4- Council Regular Meeting June 2, 1997