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03-01-1993 - Regular : W' ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 1, 1993 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the regular meeting to order at 7:07 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 Lieutenant William Britain Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE: The invocation was delivered by Father Campagnone, Retired Roman Catholic Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES: There were no minutes to be approved at this time. CITIZENS COMMENTS: Elizabeth Fenickel, Hi-Tops Lounge, asked to stay open until 3:00 a. m., Sunday morning, March 7....1. City Attorney Storey stated a similar request came last year. She stated under the ordinance, Council can extend the hours for special holidays. Lieutenant Britain stated he has looked at what other areas are doing. He stated New Smyrna Beach has not granted extending their hours to anyone. He stated Volusia County has extended their hours until 3:00 a.m. which is in their ordinance. Mayor Hayman asked if they have had any problems in the past. Lieutenant Britain stated they have never had any major problems. Mayor Hayman asked if they have had any citizens complaints in the past. Lieutenant Britain stated he did not know. Councilman Jones requested working this into the end of the agenda. Bill Gleason, Ponderosa Homes, 602 Indian River Blvd., spoke about a notice they received from Code Enforcement about a sign they want taken down. They also received a letter about not being able to obtain building permits. He stated he would like these matters looked into and a reply on the building permit issued by noon on Tuesday. Councilman Hays wants to be able to research the building permit and sign issue. There was further discussion on the sign issue. City Manager McMahon stated he did not know these issues were going to be put on the agenda. He suggested Council abstain from any action until they are fully informed. .'-" ...", Mr. Karet began giving an explanation on the building permit issue. Councilman Jones asked if this could be brought back behind the Hi-Tops issue. CONSENT AGENDA Mayor Hayman read the consent agenda. A. Request for approval of purchase of 20 dozen replacement uniform shirts for career and volunteer Fire & Rescue Department members from USA Action Wear for $2,040 Councilman Jones moved to accept the consent agenda, seconded by Councilman Hays. Councilwoman Martin asked if they were the same navy blue shirts that faded last time. Chief Vola stated the shirts that have faded out are eighteen months old. The motion CARRIED 5-0. NEW BUSINESS A. Aqreement for provision of services related to Land Development Requlations Mr. Karet, Director of community Development, gave an explanation at this time. councilman Hays asked how long this will take. Mr. Karet stated the goal for completion is six months. Councilwoman Martin made a motion to approve this agreement, seconded by Councilman Hays. Councilman Jones asked if we didn't hire this person, how long would this take. Mr. Karet stated they estimated it would not be done this calendar year. There was further discussion on hiring someone to do this work. Mayor Hayman listed his concerns and problems with this item. Mr. Karet responded to Mayor Hayman's concerns. The motion CARRIED 5-0. B. Chanqe Order No. 3 for Advanced Wastewater Treatment Plant Effluent Reuse Facilitv in amount of $11,293 due to need for additional reinforcinq steel city Engineer Kyle Fegley gave an explanation on the need for the additional steel. There was further discussion on this item. City Attorney Storey cautioned Council noy to jump to a conclusion that there has been some error and omission. She gave an explanation on this item. There was still more discussion on this item. Mayor Hayman expressed his concerns about paying someone $11,293 because of an error Council did not make. Other Council members expressed their concerns also. Councilwoman Martin made a motion to approve the $11,293 for the additional steel, seconded by Councilman Jones. Page -2- Council Regular Meeting March 1, 1993 '<lw' ~ Mayor Hayman asked for a written report on this matter. He is concerned with what created the oversight regarding the sizing of the rebar. The motion CARRIED 5-0. C. Michael Hutchins' request to hold block party on 2900 Block of Silver Palm Drive on Saturday. March 13. from 12 Noon to 6:00 ~ Michael Hutchins stated Council has not been given an invitation because this item has not been approved yet. Councilman Jones asked for a run down of the agenda for this party which Mr. Hutchins gave at this time. Councilwoman Martin made a motion to approve this block party, seconded by Councilman Hays. The motion CARRIED 5-0. Mr. Hutchins thanked the Council and stated he hoped to see the Council there. D. Edqewater Area Council Chamber of Commerce re: "Tax Credits for Community Revitalization - the Community Tax Incentive Proqram: Dr. Roland Bazin, Edgewater Area Council Chamber of Commerce, stated they should look forward and start setting goals and objectives for economic development. They need to start laying the ground work for our city. He introduced Joe Martin and Steve Dennis who are familiar with the funding for this area. Joe Martin, Edgewater Area Council Chamber of Commerce, spoke on the Community Tax Incentive Program and how it could be used to facilitate economic development. He stated as the Industrial Development Board continues to prepare its report on the economic picture of Edgewater it is becoming increasingly clear, if Council desires to establish economic development as a goal, that goal must be implemented by a well thought out plan. He stated Council should establish a certain economic development line item in the budget. This will be explored by the Industrial Development Board at its next meeting. Steve Dennis, Edgewater Area Council Chamber of Commerce, spoke on economic development. He asked Council to place economic development as a very high priority in this City. He then spoke about funding for projects. He asked Council to set a goal on having economic development as a primary goal. They would like to see this discussed at a workshop. Councilman Jones stated he feels they are well under way to improving Edgewater. Mayor Hayman stated they established goals and one was economic development and they placed that as one of their very high priority goals. Mayor Hayman stated what has to happen now is in the next workshop, the Council meets with staff and they will take these goals. There will be a prioritization process of them and we will work on the objectives that support these goals. Mayor Hayman thanked everyone for their presentations. The meeting was recessed at 8:10 p.m. The meeting reconvened at 8:25 p.m. Page -3- Council Regular Meeting March 1, 1993 ...... ....,; E. National Association of Retired Federal Employees' request to hold rummaqe sale April 2 and 3 on American Legion lot at corner of Lamont and u.s. #1 or at pioneer Appliance Company on u.s. #1 Harold Bruelly, 220 Hubbell street, stated there seemed to be a slight objection from the Police Department on the pioneer Applicance location. He stated they have asked permission from the American Legion to use their lot as an alternative. Councilman Mitchum made a motion to approve the rummage sale at the American Legion lot, seconded by Councilman Hays. The motion CARRIED 5-0. F. Award bid to P.A.V.C.O. Construction. Inc. for $255.173.50 for construction of Riverwalk and authorize Mayor to execute contract City Manager McMahon stated this is the alternate bid. Parks & Recreation Director Jack Corder gave a presentation of the bid at this time. Mr. Corder stated the original contract included the section from Indian River Blvd. to Sanchez. The City has obtained two grants for the construction of this walkway. He stated the second phase carne about through citizens corning to Council and requesting an extension of the walkway. Mr. Corder was looking for direction from Council on how he was to address the areas where we do not have the right of way. Mr. Corder listed those areas. There was a discussion session between Mr. Corder and Council. Councilman Jones made a motion to stay with the east side of the walkway and stop at these areas where we do not have the right of way, seconded by Councilwoman Martin. The motion CARRIED 5-0. Councilman Hays made a motion to award the bid to P.A.V.C.O. Construction Inc., seconded by Councilman Jones. The motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 93-0-3 Comprehensive Plan Amendment Mayor Hayman read Ordinance 93-0-3. Community Development Director Mark Karet gave a presentation at this time for Ordinance 93-0-3 and Ordinance 93-0-4. There was a discussion session between Mr. Karet and Council. Councilman Hays made a motion to approve Ordinance 93-0-3, seconded by Councilman Jones. The motion CARRIED 5-0. B. Ord. 93-0-4 Rezoninq land located on North side of Cheetah Drive from R-5 multi-family district to 1-1 liqht industrial district Mayor Hayman read Ordinance 93-0-4. Councilman Hays made a motion to approve Ordinance 93-0-4, seconded by Councilwoman Martin. The motion CARRIED 5-0. SECOND READING: (PUBLIC HEARING) There was nothing for second reading at this time. Page -4- Council Regular Meeting March 1, 1993 .'w' ..""" UNFINISHED BUSINESS: A. Update on idle zone on Indian River by Jeff Bracey Mr. Bracey turned the presentation over to Rich Rollins, president of citizens for Responsible Boating, 2640 W. Highland Park Road, Deland, spoke about Mr. James Lee facing fines of up to $500 and 6 months in jail because he was traveling approximately 10 mph in his boat on the intercoastal waterway. Mr. Rollins asked the City of Edgewater to join with Deland, New Smyrna Beach, Oak Hill and many others and formally and officially contacting the Governor's cabinet and insisting the state inject the common sense approach of manatee protection. He stated they need a compromise that would benefit boaters and manatees. There was a discussion session between Council and Mr. Rollins. Councilman Mitchum made a motion to support the citizens for Responsible Boating Inc., seconded by Councilman Jones. There was further discussion between Council and Mr. Rollins. The motion CARRIED 4-1. Councilwoman Martin voted NO. COUNCIL/OFFICERS REPORTS city Attorney city Attorney Storey had nothing at this time. city Manaqer City Manager McMahon spoke about the workshops for goals and objectives that have been set up for March 15th and March 24th. City Manager McMahon asked Council to take action on the purchase of block to repair the incinerator. Councilwoman Martin made a motion to approve the purchase of new block for the incinerator, seconded by Councilman Hays. There was discussion about the purchase of these blocks. The motion CARRIED 5-0. city Manager McMahon stated he would like a presentation given to Council on the possible refunding of the bond issue. Finance Director Fred Munoz spoke on the rates. He stated he had a meeting with Edwards and they discussed the issues. substantial and the savings that we are costs of reissuing an advance refunding issue that was issued in 1991. drop in the interest James Gollahan from A. G. The savings are looking at are after all of the $13,580,000 bond James Gollahan, A. G. Edwards, gave a presentation at this time. City Manager McMahon gave a summary of the issuance costs. There was further discussion on this issue at this time. Councilman Hays made a motion to go forward with this, seconded by Councilman Mitchum. City Attorney Storey stated there is a minimum of $1 million savings. Page -5- Council Regular Meeting March 1, 1993 ..... ...", There was more detailed discussion in reference to this issue. The motion CARRIED 5-0. Mr. Gollahan thanked the Council. City Manager McMahon stated the money saved would go to stabilizing future rates. Mayor Hayman requested this be put in the next newsletter. CITY COUNCIL Councilman Hays Councilman Hays stated the House Resolution 445 referencing tax dollars passed the House Committee. He stated the City has the option to design the tax structure with voter approval. Councilman Hays stated the identical bill SDR78 is still before the community Affairs and will probably be voted on the week of March 8th. There is not enough support in that Committee to pass this resolution. Mayor Hayman stated we need to speak to Locke Burke. Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin asked if we would have a both at the Business Expo. She was informed we would be participating. Questions from Press There were no questions from the press at this time. CITIZENS COMMENTS Mayor Hayman stated they would go back to the request from Hi- Tops Lounge to remain open from 2 a.m. to 3 a.m. during bike week until March 8th. Lieutenant Britain asked that this not be active starting tonight. This is for over the counter sales only. This is not for packaged sales. The convenience stores will not be able to sell alcohol after 2 a.m. This is for bars and taverns only. Councilwoman Martin made a motion to approve the extension of hours of operation for bars and taverns throughout the City from 2 a.m. to 3 a.m. on the dates of March 3rd through March 8th, seconded by Councilman Jones. Councilman Hays stated we are designating Bike Week as a holiday. He questioned if this will be done on a year to year basis. He was informed yes it would. Page -6- Council Regular Meeting March 1, 1993 ~ .."" City Attorney stated they may want to put it in the form of an ordinance. Councilman Hays stated that would be a good housekeeping measure. There was continued discussion about this request. The motion CARRIED 3-2. Councilman Jones and Councilman Mitchum voted NO. Mayor Hayman stated they would go back to Perry Barrett's request. Perry Barrett, ponderosa Homes, stated they would like to build on a 50-foot lot just like the previous developer was allowed to. Mr. Barrett referred to the March 24, 1986 minutes from the Council. Councilman Hays asked for a response from Mr. Karet which he received at this time. Mr. Karet suggested Council give staff time to get with our legal counsel and discuss this issue and then make a recommendation to the city Manager who could then forward it to Council. There was further discussion between Council and Mr. Karet. Councilman Mitchum suggested dropping any further discussion of this tonight and go back and research the whole issue. City Manager McMahon suggested Council allow the research on that and the exact motion for granting of the sign. Councilman Hays stated he also needs more information. Mr. Barrett stated there are also single family homes built on the 50-foot lots with a ten foot side yard setback on either side. There was further discussion about this item. Mr. Barrett requested a meeting tomorrow at 11:00 a.m. City Manager McMahon stated he could not accommodate a meeting tomorrow. Mr. Karet explained the process to collecting these records in order to research this matter. Mr. Barrett stated he needs to know a time frame. city Manager McMahon stated two weeks because we need to send for the permits. Councilman Mitchum made a motion to research this and bring this to the next meeting or sooner, seconded by Councilwoman Martin. The motion CARRIED 5-0. The next issue was discussion on the sign. The sign referred to is the Surrey Ridge sign. Mr. Karet explained the situation with the sign that is currently there at this time. He explained twenty-two months ago a Coming Soon sign was approved at that location. Councilman Hays requested the tape be pulled from that meeting because he would like to listen to this section on the tape. Mr. Barrett stated the sign that is there today is the sign that was originally permitted. There was continued discussion between Council, Mr. Barrett and Mr. Karet regarding this sign. Page -7- Council Regular Meeting March 1, 1993 # .'w ."", Councilman Mitchum asked if they could leave the sign there until they can look into this. city Manager McMahon stated he had no problems with this. Mr. Karet explained the situation with the sign that currently stands. There was more continued discussion on this matter. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn, seconded by Councilman Hays. The meeting adjourned at 10:19 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting March 1, 1993