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08-16-1993 - Regular ...... ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 16, 1993 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the 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 Manager George McMahon City Attorney Krista storey City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Excused Present Present Present Excused Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The minister did not appear so there was a silent invocation. There was a pledge of allegiance to the Flag. Mayor Hayman introduced otto Madeczyk from Germany. APPROVAL OF MINUTES Regular Meetinq of Julv 19, 1993 Councilwoman Martin made a motion to approve the July 19, 1993 minutes, seconded by Councilman Mitchum. The motion CARRIED 4-0. Special Meetinq of July 27, 1993 Councilwoman Martin made a motion to approve the July 27, 1993 minutes, seconded by Councilman Hays. The motion CARRIED 4-0. Reqular Meetinq of Auqust 2, 1993 Councilman Mitchum made a motion to approve the August 2, 1993 minutes, seconded by Councilwoman Martin. The motion CARRIED 4- o. CITIZEN COMMENTS Luther Davidson gave a presentation on the Maglev project (magnetic levitation system.) Mr. Davidson stated they have received letter of support from everyone involved in the project to get this system to Volusia County. He explained the set back is the result of another magnetic levitation system which has apparently been trying to get off the ground in Orlando. Mr. Davidson feels this project will get back on track. He apologized for not informing Edgewater of this project. He spoke about the reasons behind looking at the old railroad right-of- way. Mr. Davidson stated they have been dealing with Ted Turner who has $7 million in the bank to help fund this project. He stated the County of Volusia is on board on this project. 'w' """'" Mr. Davidson stated the project team comes from California, New York, Texas, Tennessee. He explained this project will be sold as a package deal. Mr. Davidson spoke about the people on the project team. Mr. Davidson passed around samples of materials that will be used for this project. He stated all of the materials will be made in the USA. He explained 1,000 new jobs will become available with the test track and up to 5,000 new jobs will become available later. Mr. Davidson explained for Councilman Hays this is a passive type system. Councilman Hays thanked Mr. Davidson for coming. Mr. Davidson explained the three phases in this project. Britt Bochiardy stated there has been some concern on time frames. He stated they are talking about off the shelf technology. Britt Bochiardy spoke about the Florida East Coast Railway. He explained they do want to be involved with this project. Mr. Davidson left letters from the County Manager and the Chairman of the County Council in support of this project. Mayor Hayman thanked the gentlemen for coming. John Wilkinson, East Ocean Avenue, stated this is a surprise presentation and this needs to be advertised. He stated the funding has been turned down because it is not a new project. Mr. Davidson explained there is money within the Florida Research and Development trust fund and also within the Federal Government for the Maglev initiative. Joe Martin, Chairman of Industrial Development Board, spoke about the sign ordinance. He explained Council asked the Industrial Development Board to review the draft sign ordinance. He stated the review process was started at their meeting in July. He stated it was also talked about at the meeting in August and they called a special meeting to conclude this. Mr. Martin explained the memo from the Industrial Development Board. He stated the board voted to request a delay on action until simple applications can be studied. Kathleen Bouchen, Babyland, feels strongly about Southard's Recycling continuing as Edgewater's recycler. She feels they have done a superb job. She asked if Council has checked with other cities as far as the satisfaction of other recycler's performance. Ms. Bouchen explained they generate the revenue in our city. Ms. Bouchen feels Southard Recycling did a super job with Hurricane Andrew and the Thanksgiving and Christmas food drives. She feels we should renew Southard's Recycling contract. Wayne Southard, Southard's Recycling, stated Duke couldn't make it tonight because he broke his back. He stated for 35 months they have been the City's recycling contractor. He thanked Council for their support. Council was informed he is in the trauma unit at Halifax Medical Center. Page -2- Council Regular Meeting August 16, 1993 '-' ....., CONSENT AGENDA Mayor Hayman read the consent agenda. A. Approval of revised payment schedule on recent refinancinq of $109,707.87 Mayor Hayman explained the background on this matter. Councilwoman Martin made a motion to approve the consent agenda, seconded by Councilman Hays. The motion CARRIED 4-0. NEW BUSINESS A. Pat Johnston to present petition for traffic liqht at Ocean Avenue and u.s. 1 intersection Pat Johnston 119 W. Connecticut Ave. asked to have Ken Bucher speak tonight. Mr. Bucher explained the need for a traffic light. He explained there have been 16 accidents in the past 3 1/2 years at that intersection. He spoke about a request made by the City Engineer for another traffic study to analyze the speeds of u.s. 1. Mr. Bucher requested Council address to the cit Engineer consideration of the placement of new u-turn sign at the intersection of Ocean Avenue and u.s. 1. Mr. Bucher spoke about the placement of a traffic light device at the intersection of u.s. 1. Mr. Bucher stated Mrs. Johnston got over 300 signatures of residences that are affected by the pending traffic hazard. Mr. Bucher requested the Council take whatever studies are necessary and considered those three factors. Councilwoman Martin stated they can not make any changes without DOT approval. Councilman Hays asked if there are any scheduled traffic studies. Police Chief Schumaker stated on August 2 the City Engineer wrote a letter to DOT requesting a survey be done of traffic on u.s. 1 in the city. He stated they received a letter from DOT saying they would notify them of the findings within 60 days. Councilman Hays asked Chief Schumaker if he had any feelings on this request. Chief Schumaker stated he would certainly support it but it's frustrating because the road belongs to the state. Mayor Hayman stated their priorities should be getting approval of the No u-turn sign and then insure traffic survey is done expeditiously and to take this into consideration with the other conditions. Mayor Hayman stated at the next meeting of the MPO he will ask the Engineer if he can help us get something done. Mr. Bucher thanked Council. B. Award of recyclinq bid to Tomoka Recycling, Inc. City Attorney storey gave a brief summary on the bids received from Tomoka Recycling, Inc. and Industrial Waste Services and how and why Tomoka Recycling, Inc. was chosen. Page -3- Council Regular Meeting August 16, 1993 ......., 'WI city Attorney storey explained the two identical low bidders were asked to provide additional information. This request generated some issues. She explained if we are forced to put aside those issues, staff has no way to distinguish between the two low bidders. city Attorney Storey stated staff recommendation would be to reject all bids and authorize staff to revise current bid specification to address those particular issues and readvertise for bids. councilwoman Martin made a motion to reject all bids and readvertise, seconded by Councilman Hays. The motion CARRIED 4- o. C. Recommendation to accept Ernst & Younq to provide reports on calculations for arbitraqe compliance per Treasury requirements Finance Director Fred Munoz gave a presentation at this time. Councilman Hays stated he doesn't see a need to do this because it was done last year. Mr. Munoz elaborated on this. Councilwoman Martin made a motion to approve this request, seconded by Councilman Mitchum. The motion CARRIED 4-0. D. Purchase of one Mannesmann Technoloqy Line Printer, cablinq, and one year service aqreement for $5,969 Mayor Hayman stated there was more information on this in their packets. Mayor Hayman questioned why they were chosen not being the lowest bidder. Mr. Munoz stated it is not the heavy duty printer the city needs. Mr. Munoz spoke about some of the capabilities of the printer. Councilman Hays stated not to contract that service agreement at that price per year. Councilman Mitchum made a motion not to approve without a $600 a year maintenance agreement for five years, seconded by Councilman Martin. The motion CARRIED 4-0. Mayor Hayman stated they would take a ten minute recess. Mayor Hayman called the meeting back to order. E. Richard & Cheryl stonecipher's request to have outside band at Earthquake Maqoons Bar on Auqust 29 and October 31, 1993. for charity events Cheryl & Richard stonecipher informed Council they would be doing this for the Family Help Crisis Center in Edgewater. Mrs. stonecipher stated their last function didn't turn out well and they are hoping they will have a better turn out again. Mayor Hayman questioned them doing this before. Councilwoman Martin expressed her concerns about the parking and the band being outside. Mrs. Stonecipher explained the band would be in the back where there is no parking. Councilman Hays expressed his concerns about drinking outside. Mrs. stonecipher stated this would be in a restricted area. Page -4- Council Regular Meeting August 16, 1993 ...... ...." Councilman Mitchum questioned if they would be able to get permission to shut the alley way in the back off. Mrs. stonecipher stated she probably could. Chief Schumaker stated his problems with this request are allowing drinking outside and he has no idea of the crowd that is going to show up. He expressed concern about restrooms. City Attorney Storey had a problem with the liquor license only allowing drinking indoors. There was continued discussion on drinking outside. Mayor Hayman questioned the noise level. Mayor Hayman questioned confining everyone under a tent. Mayor Hayman stated he had a problem with the bathroom and suggested getting two portalets outside and he had a problem with drinking outside. Councilman Mitchum expressed his concerns about the people drinking not being contained. He stated he would not have a problem with it if they were in a confined area. Council agreed the time being from 3 p.m. to 7 p.m. would be fine if this is approved. Mrs. stonecipher stated if it is a problem the first time they will not have a band outside next time. Mayor Hayman stated they would consider the August 29th event and then review the results of that before deciding on October 31st. Mayor Hayman listed the stipulations of this request. Councilman Mitchum stated if this gets out of hand he wants the police to shut it down. City Attorney Storey spoke about the liquor license. Mrs. stonecipher stated she would take it upon herself to contact beverage control. Councilman Mitchum explained that if in fact the liquor license was in question would the City be a party to have allowed this and would we be subject to liability. Councilwoman Martin suggested getting it in writing from the proper authorities. Mrs. stonecipher stated she would get it in writing. Mayor Hayman against listed the stipulations of this request. Councilman Hays made a motion to approve this request including the stipulations, seconded by Councilwoman Martin. The motion CARRIED 4-0. F. Cancellinq or reschedulinq reqular meetinq of September 6. 1993. due to Labor Day Holiday Councilman Hays made a motion to cancel the September 6, 1993 meeting, seconded by Councilwoman Martin. Mayor Hayman stated if at some time official City business does need to be conducted a special meeting would need to be called for. The motion CARRIED 4-0. Page -5- Council Regular Meeting August 16, 1993 'w" ...., ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 93-0-10 Permittinq vietnamese Pot-Bellied piqs within the City as House Pets City Attorney storey stated there is some information in the packets provided by the Animal Control Officer, a memo from the Police Chief, a copy of a letter the Blair's received from the Pot Belly Pig Association and a copy of a Police Department report relating to an incident on August 7th. City Attorney storey explained if Council goes for this, the ordinance would need to be amended. Audrey Teverbaugh, 1047 Beulah Drive, stated she also owns a pot belly pig. She spoke about her pot belly pig. She stated Kathy has had a problem with Willie but she has gotten an electrical fence around her yard and she is trying very hard. She continued to speak on behalf of pot belly pigs. Councilman Hays expressed his concerns on this matter. He stated he can not support this. Councilman Mitchum agreed with Councilman Hays. He stated no matter how you look at it, it is still a pig which is a farm animal. Councilman Hays made a motion to recommend denying 93-0-10, seconded by Councilman Mitchum. The motion CARRIED 3-1. Councilwoman Martin voted NO. B. Ord. 93-0-14 and Ord. 93-0-15 Amending Article III (Sewers) of Chapter 19 (utilities and Services) and Article IV (Sewage Disposal) of Chapter 10 (Health) pursuant to fundinq requirements of Wastewater Capital Improvement Proqram city Attorney briefed Council on the changes to Ord. 93-0-14 and Ord. 93-0-15. She stated staff recommends adopting the ordinances on first reading as drafted. Mayor Hayman read Ord. 93-0-14. Councilman Mitchum made a motion to approve Ord. 93-0-14, seconded by Councilwoman Martin. The motion CARRIED 4-0. Mayor Hayman read Ord. 93-0-15. There were questions asked by Council about septic tanks. City Attorney Storey elaborated on these questions. Councilman Mitchum made a motion to approve Ord. 93-0-15, seconded by Councilwoman Martin. The motion CARRIED 4-0. SECOND READING: (PUBLIC HEARING) C. Appeal by Robert Fritz, 2939 pine Tree Drive, of Land Development & Requlatory decision re: variance for location of new shed/workshop in rear yard. Community Development Mark Karet gave a presentation on the appeal. Robert Fritz, 2939 pine Tree Drive, presented his side of the case. City Attorney Storey spoke about the five criteria required to grant a variance. She advised Council to look at the criteria. Page -6- Council Regular Meeting August 16, 1993 '-" 'tttt# Councilman Mitchum stated where he proposes to build this is probably the best location. He would still be ten feet off the property line. city Attorney storey informed Council this is a quasijudicial decision making process and the items the Council should consider are those issues related to the criteria. Mayor Hayman spoke about Item B - strict application of the provision of this ordinance would deprive the applicant of reasonable rights commonly applicable to other properties in the same district. Dominick Fazzone, 302 Paradise Lane, stated he is disturbed with the way we proceed on these things. He spoke about how the LDRA came up with their decision. He stated there is nothing peculiar about this property. Mayor Hayman read sections of Mr. Karet's memo regarding this variance request and elaborated on this. There was continued discussion about following the five criteria. Councilman Hays stated we give five rules and we need to follow those rules. He feels they need to address the five criteria. Councilman Mitchum concurred with Councilman Hays and also agrees with Mayor Hayman seeing things a little different. He feels the Council has the right to change the decision. Councilwoman Martin stated she was on the LDRA for some time and when you are on a board you do what you have to do. Council was prepared to make decision based on the five criteria of the code. Councilman Mitchum made a motion to approve the variance, seconded by Mayor Hayman. Councilman Hays feels not enough criteria have been met to grant this variance. The motion was a split decision. City Attorney storey stated at this time the request for the variance was denied and stands as is. Councilman Mitchum requested this be put back on the agenda for the September 20th meeting. UNFINISHED BUSINESS There was no unfinished business at this time. COUNCIL/OFFICERS REPORTS city Attorney City Attorney Storey explained the extension of the agreement for HMO. She spoke about Blue Cross and Blue Shield cancelling the HMO portion of our contract without the City's intention. She explained the new contract is identical. City Attorney Storey recommended Council approve the group application agreement and authorize Mayor to execute it. There was a discussion about prescription drugs under this agreement. Page -7- Council Regular Meeting August 16, 1993 '- ..." councilman Mitchum made a motion to approve the agreement, seconded by Councilman Hays. The motion CARRIED 4-0. city Manaqer city Manager McMahon was excused from this meeting. city council councilwoman Martin councilwoman Martin had nothing at this time. councilman Hays councilman Hays had nothing at this time. Councilman Mitchum councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. councilman Jones Councilman Jones was excused from this meeting. city Attorney storey reminded the public the first budget workshop begins tomorrow at 7:00 p.m. 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 to discuss, Councilman Mitchum made a motion to adjourn, seconded by Councilwoman Martin. The meeting adjourned at 10:08 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- council Regular Meeting August 16, 1993