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10-18-1993 - Regular ....., ..."., CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 18, 1993 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 Bucky McEver Present Present Present Present Present Present Present Present Excused Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Harvey Hardin gave the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of September 20. 1993 Councilwoman Martin made a motion to approve the September 20, 1993 minutes, seconded by Councilman Mitchum. The motion CARRIED 5-0. Reqular Meetinq of October 4. 1993 Councilman Jones made a motion to approve the October 4, 1993 minutes, seconded by Councilwoman Martin. The motion CARRIED 4- 1. Councilman Hays voted NO. CITIZEN COMMENTS Gail Wells, 2503 Woodland Drive, spoke about the fences being put around lift stations. She does not want a fence put around the lift station by her house. She feels property in Florida Shores will not sell because of these fences. Galen McClain, 3119 Queen Palm Drive, asked if there has been progress made in paving the unpaved streets. City Manager McMahon stated a plan will be brought to the city Council the first meeting in November. Mr. McClain expressed concern about a bar code being placed on the utility bills in the future. He stated with a bar code you know nothing about what anything costs. Mr. McClain spoke about the agenda in the Saturday Observer. He questioned the cost and the reason for it being a display ad and not a legal ad. City Manager McMahon stated the agenda is given to the press and they elect where to put it and how they want to put it in there. city Clerk Susan Wadsworth clarified the agenda is faxed to the newspapers to be placed in the legal ads. Mr. McClain expressed his concerns about the Consent Agenda Item A. Mayor Hayman elaborated on Mr. McClain's concerns. .,..." ....", CONSENT AGENDA: Mayor Hayman read the consent agenda. A. Waive purchase reauirements for vendors for equipment/supplies and/or services that are routine and recurrina in nature Councilman Mitchum asked this be removed from the consent agenda and be placed under New Business as Item J. NEW BUSINESS: AA. Waive purchase reauirements for vendors for eauipment/supplies and/or services that are routine and recurrina in nature Councilman Hays asked since they are at this item if they could handle this first. City Manager McMahon explained the waiver. He answered questions of the Council. utilities Director Terry Wadsworth further elaborated on this waiver. Mayor Hayman expressed some concern with some of the items on this waiver. City Manager McMahon addressed Mayor Hayman's concerns. Councilman Jones has no problems with this waiver. He expressed his feelings on this matter. Councilman Jones made a motion to adopt this, seconded by Councilwoman Martin. Mayor Hayman asked the frequency that we would use this exception. City Manager McMahon stated this relates directly to the amount of gallons of gasoline we use every year and the amount of tires we use. We are stocked as necessary. The motion CARRIED 5-0. A. Public Works Director's reauest to purchase 120 refractory bricks for incinerator for $5,400 from Superior Brick as sole supplier of this type brick City Manager McMahon explained the need for these bricks. There was discussion on the bricks bought previously and what they were used for. Councilwoman Martin made a motion to purchase the refractory bricks, seconded by Councilman Hays. The motion CARRIED 5-0. B. Chanae Order No. 5 for Advanced Wastewater Treatment Plant & Effluent Reuse Facility for net increase of $334.38 utilities Director Terry Wadsworth explained the items requiring the need for Change Order No.5. Councilwoman Martin made a motion to approve Change Order No.5, seconded by Councilman Hays. The motion CARRIED 5-0. C. Employee Cap in the B-2 District Community Development Director Mark Karet gave a presentation on the Employee Cap of three employees in the B-2 District. Page -2- Council Regular Meeting October 18, 1993 ..... ...", Mr. Karet explained the recommendations from staff. If Council wishes to proceed with this we should go ahead and make an amendment to the comprehensive plan and decide which portions of the B-2 District would be most appropriate for a zone change to industrial. Councilwoman Martin asked if this is in reference to mini- warehouses. Mr. Karet explained in the past, conversions of mini-warehouses were allowed. Mr. Karet explained there is a church on Hibiscus, a number of duplexes on Guava and calling it an industrial district would be difficult. Mayor Hayman stated the City has two windows and two modifiers and he asked what the two windows were. Mr. Karet stated there would be one window in the spring and one in the fall. Mayor Hayman spoke about problems he has with the three employee cap in this area. He explained either people need to move or do their work illegally. He feels a comp plan needs to be developed. Councilman Hays feels we need to look at what is on the areas next to the railroad tracks. Mr. Karet explained the Planning and Zoning Board was trying to limit the intensity of manufacturing. Mayor Hayman would like to see our staff work with businessmen and women in that area to come up with a solution that would eliminate a cap and create the light manufacturing classification we can live with. He explained some of his concerns with this matter. City Manager McMahon stated he would have staff come back with a comp plan amendment. Mr. Karet stated this will have to go to the LDRA first and then hearings will have to be held in that regard. This will be prepared and presented to the LDRA at their November meeting. He explained they can work with the Industrial Development Board by Mr. Martin's direct involvement or present it to the Board. Councilman Jones feels this matter needs to be expedited so existing businesses can expand. D. Beautification & Tree Committee's request to place scenic route siqns alonq Riverside Drive Councilman Hays stated he spoke to Mrs. Ver Way and the Committee is asking for signs which designate Riverside Drive as a scenic route. Councilman Hays made a motion to approve this request, seconded by Councilwoman Martin. The motion CARRIED 5-0. E. Parks & Recreation Board's request to consider pet clean up ordinance for animals on public walks, recreational areas, or anv propertv other than pet owners Parks & Recreation Director Jack Corder made a presentation at this time. There was a lengthy discussion on cleaning up after animals that litter on public walks, recreation areas or any property other than the pet owners. Page -3- Council Regular Meeting October 18, 1993 'w' ." City Manager McMahon suggested designating the entire Riverwalk as a public park, then the ordinance would cover it. Lieutenant McEver elaborated on this matter. Mayor Hayman expressed his concerns about designating Riverwalk as a City park just to prohibit dogs. Councilman Hays feels if you are going to walk your dog, you should be responsible for cleaning up after it. He stated maybe a requirement could be if you bring your dog to a park, you are responsible to clean up after it. Councilman Mitchum agreed with Councilman Hays. He feels it needs to be spelled out and signs put up to inform people. Councilman Jones also agreed. He stated we should we ask our citizens to be more considerate and give them an opportunity before creating more enforcements. He stated if it continues to be a problem then check into it later and change it. Councilman Mitchum asked that this be spelled out in the newsletter asking our citizens to be more considerate. F. Appointment of one member to Parks & Recreation Board due to resiqnation of John Cory Mayor Hayman spoke highly of Mr. Paul Alvord. Councilwoman Martin made a motion to appoint Paul Alvord, seconded by Councilman Hays. The motion CARRIED 5-0. G. Appointment of one member to Land Development & Requlatorv Aqency to replace Pete Hellsten Councilman Hays stated he would like to table this until the next meeting because he received some new applications he would like to review. Councilman Hays made a motion to table this item, seconded by Councilman Mitchum. Councilwoman Martin stated she wanted to nominate Paul Rossini. Councilman Jones feels it would not hurt to delay this appointment. The motion CARRIED 4-1. Councilwoman Martin voted NO. H. Appointment of one member to citizen Code Enforcement Board due to resiqnation of Joan stronq Councilman Jones made a motion to appoint Jeff Lange, seconded by Councilman Hays. Councilman Jones spoke about Mr. Lange serving on a board before. The motion CARRIED 5-0. I. street Corrections/Capital Improvements proiect city Manager McMahon made a brief presentation on this request. City Engineer Kyle Fegley explained the problem and reason for this request. Councilwoman Martin asked if DRMP is giving us $5,000. Mr. Fegley stated that is correct. City Manager McMahon stated he would not accept the offer without the consensus of Council. Page -4- Council Regular Meeting October 18, 1993 'W' """'" There was a discussion on different types of shell being used on the roads. Mayor Hayman feels the site engineers should be able to tell if there is going to be a problem. Mr. Fegley elaborated on Mayor Hayman's concerns. Councilman Mitchum would like DRMP to come before Council to answer questions he has and any other Councilmembers have. City Manager McMahon stated when this problem is brought back, he feels this would be an excellent time to have DRMP come to answer questions. It was Council's consensus to not accept the $5,000 until further discussion with DRMP. Councilman Hays asked for a five-minute recess. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 93-0-17 providinq for Cable Television Rate Requlation consistent with Federal Communication commission requirements City Manager McMahon gave a summary of his request. Mayor Hayman read Ord. 93-0-17. Councilman Jones made a motion to approve Ord. 93-0-17, seconded by Councilwoman Martin. Councilman Hays thanked City Manager McMahon for all his work with this. The motion CARRIED 5-0. B. Res. 93-R-24 Authorizinq city Manaqer to file application with Federal Communications commission to certify the City to regulate Cable TV rates Mayor Hayman read Res. 93-R-24. Councilman Mitchum made a motion to approve Res. 93-R-24, seconded by Councilman Hays. The motion CARRIED 5-0. C. Res. 93-R-25 Authorizinq city Manaqer to file complaints with Federal Communications Commission to initiate review of reasonableness to upper tier cable TV rates Mayor Hayman read Res. 93-R-25. Councilman Hays made a motion to approve Res. 93-R-25, seconded by Councilman Mitchum. The motion CARRIED 5-0. Councilman Hays mentioned looking at the feasibility of the future using Cablevision as an enterprise fund. He feels there is potential there. He asked Council for their support which he was given. SECOND READING: (PUBLIC HEARING) D. Appeal by John Phillips. aqent for Robert Curran. 510 South Riverside Drive. of Land Development & Regulatory decision to deny variance to construct screen room John Phillips, 2532 vista Palm Drive, representative for Robert Curran, introduced himself. Page -5- Council Regular Meeting October 18, 1993 '-" ....., Community Development Director Mark Karet briefed Council and presented them with the history of this variance request. He went over the criteria and the reason for the decision made by the LDRA. Mr. Karet answered questions presented by Council. Mr. Phillips presented Mr. Curran's side of the case to Council. Mr. Phillips passed out and explained drawings to Council. Mr. Phillips answered questions presented by Council Mr. Karet again answered questions presented by Council. Mayor Hayman read the criteria from a memo from Mr. Karet to the LDRA. Councilman Jones asked questions concerning this matter. Mayor Hayman stated he does not support this. Councilwoman Martin expressed her feelings regarding the screen room. Councilman Hays stated neither Mr. Phillips nor Mr. Curran has made a case with him. There were other options and alternatives. Councilman Hays made a motion to deny this request, seconded by Councilman Mitchum. The motion CARRIED 3-2. Councilman Jones and Councilwoman Martin voted NO. UNFINISHED BUSINESS: A. city Enqineer's report on fencing of lift stations in Florida Shores City Manager McMahon stated the DER does require fences but there are other options and other costs. City Engineer Kyle Fegley gave his report. Mr. Fegley distributed a list of alternatives to Council. City Manager McMahon stated there are seven lift stations that will be involved with this. Mr. Fegley reported he has put a stop to any further erection of fences in Florida Shores. Mr. Fegley presented options to Council other than putting fences around the lift stations. There was further discussion on the lift stations that require fencing around them. Mr. Fegley answered questions presented by Council. There was discussion about the barbed wire being put on the top of the fences. City Manager McMahon recommended letting Mr. Fegley get a hard estimate from the contractor and come back with a change order that allows us to modify the landscaping within the rationale the Council wants and the requirements of the DEP. Councilman Jones suggested writing a letter to DEP asking them to reconsider the barbed wire because this is a residential neighborhood. Page -6- Council Regular Meeting October 18, 1993 ..... ...." Councilman Mitchum asked what the feasibility would be to getting DER or DEP to come up with some low profile grate system, an expanded metal type system that is very supported. He feels there have got to be alternatives. Mr. Fegley stated he would look into the metal type system. Mayor Hayman asked Mr. Fegley to report back at the next Council meeting. Bill Wells, 2503 Woodland Drive, suggested Council look at the lift stations in Port Orange and other cities. Councilman Mitchum stated it is going to depend on the decision of DER or DEP as to what is done with these fences. Gail Wells, 2503 Woodland Drive, asked to get a copy of where it states a fence is required. City Manager McMahon asked City Clerk Susan Wadsworth to provide Mrs. Wells with a copy. Herbert Bachellor, 2432 Woodland Drive, feels the grate is the best idea we have come up with so far. He stated electric can be provided to the poles. He stated this would allow for a small grate and no electrical on the road at all. He stated the fence is only protecting the wells. He feels fences could be narrowed just to the opening in the road. Mr. Bachellor spoke about the authority of the City for the blocking of these streets. He stated he was informed by his Attorney, Mark Hall, the plat of Florida Shores states that these are public roads only, not public rights-of-way. City Attorney Storey does not agree with Mr. Hall's position on this. She stated the City has the right to utilize these roads as we see fit. B. R. P. Davisworth Request for Thomas Avenue Riqht-of-Wav city Attorney Storey gave Council a history of the Davisworth request. Captain Jeff Hawthorne, representing Mr. Davisworth, 1320 S. Riverside Drive, spoke about the issues being combined. He stated Mayor Hayman said they weren't going to go further with the construction until something was worked out. He listed some of the things that have and have not been done. captain Hawthorne spoke about Mr. Wadsworth stating sewer may be put in on Thomas Street in the future. He also spoke about stormwater runoff. Mayor Hayman questioned if we had a copy of the survey done by Dan Cory showing 55 feet instead of 50 feet. Councilman Mitchum asked if we are clear on Riverside Drive. He was informed that has been taken care of. City Attorney Storey stated she does not have a signed easement as of yet from Mr. Davisworth. She stated they had an oral agreement. There was continued discussion on this matter. Councilman Mitchum asked what they need to proceed with this. City Attorney Storey informed them they need direction from Council because she needs to come back with a resolution and vacation. City Attorney Storey spoke about abandoning a right-of-way. Page -7- Council Regular Meeting October 18, 1993 ~ ..."" Mayor Hayman stated he would like to see the survey. He suggested bringing this back as a package. Captain Hawthorne stated he would bring this back as a written request with the survey. C. Appointment of one member to Parks & Recreation Board to replace Georqe Childs (Tabled 9/20/93) Councilman Jones made a motion to appoint Larry Lamb, seconded by Councilwoman Martin. The motion CARRIED 5-0. D. Appointment of one member to Beautification & Tree Committee due to expiration of term of Carol Miller (Tabled 9/20/93) Councilman Hays made a motion to appoint Kathleen Spellman, seconded by Councilwoman Martin. The motion CARRIED 5-0. 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 Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. councilman Hays Councilman Hays spoke about enclaves. He asked Mark bring back as soon as possible all enclaves in the city. He stated he would like to deal with this issue and take action on this now. Councilman Hays spoke about changing around the format of the agenda. He would like to see Council Comments to come before or after citizen Comments at the beginning of the meeting. He asked Council to consider this matter. Councilman Hays spoke about a letter from R. Elzner, Jr. in reference to a united Taxpayers of Edgewater information bulletin. He stated he had questions on some of the comments made in this bulletin. He spoke about turning it over to the State Attorney. City Manager McMahon stated he planned on taking a reprint from the last newsletter and including it as a special insert into the next newsletter in November. There was continued discussion about the bulletin. Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. Page -8- council Regular Meeting October 18, 1993 '-' .., Questions from Press There were no questions from the press at this time. CITIZEN COMMENTS There were no citizen comments at this time. ADJOURNMENT There being no further business, Councilman Mitchum made a motion to adjourn, seconded by Councilman Hays. The meeting adjourned at 11:08 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting October 18, 1993