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12-19-1995 - Regular Continued from 12-18-1995 '-" ""wI. CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 19, 1995 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman continued the meeting from December 18th on December 19, 1995 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 Lisa Kruckmeyer Police Chief Lawrence Schumaker Present Present Present Present Excused Present Present Excused Present Present continued from December 18, 1996 J. Public hearing Ord. 95-0-22 Comprehensive Plan amendment - Sides/between India Palm and Hibiscus Drive north of 30th Street Mayor Hayman opened the public hearing. There were no disclosures from Council. Mr. Karet presented his credentials. He made a presentation regarding Items 5J - 5L. He explained the owner wishes to combine a vacant .54 acre parcel with another piece of property he owns which is a vacant .17 acre parcel. He explained the zoning of surrounding parcels. Mr. Karet commented on conformance with the comprehensive plan and the future land use element. Mr. Karet commented on traffic possibly being an issue and the need for a possible traffic study. Mr. Karet went over the seven zoning criteria. Mr. Karet spoke about the LDRA's concerns and recommendation. There was a brief discussion regarding the proposed professional office building. Mayor Hayman has a problem with there being two architectural drawings and the elevations of the building. City Attorney Storey explained the issue of how specific the Council wants to get in the development agreement is up to the Council. Councilman Hays feels a bit of a burden would be placed on the person trying to develop this. He feels they have reached a point where they should stay out of it and that the issue may have been pushed a little too far. Mayor Hayman concurred with Councilman Hays. Councilwoman Martin asked if this is going to be similar to a shopping center or if is going to be individual professional units. Mr. Karet explained it is going to be a professional office building. Page -13- Council Regular Meeting December 19, 1995 'w' ...., Councilman Hatfield spoke of a situation when he served on the LDRA. He agreed with Council that the developer is going to develop a piece of property that will be most lucrative for his renters. There were no questions or comments from the applicant, Council, or members of the public. Donnie Williams, agent for Mr. Sides, made a presentation of Mr. Sides' plans for this property. He presented the history of this area. He feels it would be in the City's best interest to vacate the alleyway. The City would be relieving itself from any liability. Mr. Sides is only asking that the portion that intercepts these two parcels be vacated and that he would donate an east-west branch connecting that alley with Hibiscus. Mr. Williams commented on a requirement being a conceptual sketch for the process. He showed an artists rendition of the proposed professional building. Mr. Williams elaborated on the concerns of the LDRA. Mr. Williams informed Council the applicant is willing to provide a traffic study. We are creating the need for traffic because we don't provide the services where they are used. In his opinion, a good professional building in that spot will actually reduce the amount of traffic on Roberts Road because the people will not have to go to town to get these things. Mr. Williams stated Mr. Sides would like approval to put a two-story professional office building that meets all City codes and all the requirements. He plans to do a first class job which would be a benefit to the city as well as Mr. Sides. Councilman Hays stated if this is approved, how soon will it be before Mr. Sides starts on the building. Mr. Williams stated Mr. Sides is waiting on the decision of Council. Councilman Hays asked how relevant the traffic study will be considering the changes in traffic due to the road construction. He questioned if it would be realistic. Mr. Karet elaborated on Councilman Hays' concerns. Mayor Hayman asked if the z-data is available. Mr. Karet informed Mayor Hayman we have the z-data and the generations out of the TAZ's which is really for a much larger model. Mayor Hayman agreed with Councilman Hays that they won't get a real traffic assessment if we try to do a traffic count now because of the disruption brought about by construction. Mayor Hayman spoke about the convenience of the professional office building and people not having to go out of town. Mayor Hayman spoke about the transformer in the alleyway and having utility access to the transformer. Mr. Williams again stated Mr. Sides is willing to a traffic study but Mr. Williams can't envision this office building generating a lot of traffic. Councilman Hatfield suggested waiving the traffic study. Councilman Hays doesn't see how a building of this size will generate that much traffic. However, he feels if Mr. Sides has already agreed to it, they should leave well enough alone. Judy Lichter, 826 Navigators Way, commented on the issue of safety and the impact on the residents. There was no rebuttal from staff, the applicant or the public. Mayor Hayman closed the public hearing and read Ord. 95-0-22. Councilman Hatfield made a motion to adopt Ord. 95-0-22, second by Councilwoman Martin. The motion CARRIED 4-0. Page -14- Council Regular Meetiong December 19, 1995 'W v K. Public hearing Ord. 95-0-23 Zoning classification change - Sides/between India Palm and Hibiscus Drive north of 30th Street Mayor HaYman opened the public hearing. Mr. Karet stated his comments would be carried over from Ord. 95- 0-22. Mayor HaYman explained Ord. 95-0-23 is a quasi-judicial proceeding. Mayor HaYman closed the public hearing and then read Ord. 95-0- 23. Councilwoman Martin made a motion to adopt Ord. 95-0-23, second by Councilman Hays. City Attorney Storey asked Councilwoman Martin if her motion reflects the approval or the agreement with staff comments in relation to the seven criteria. She asked that the record reflect that. The motion CARRIED 4-0. L. Public hearing Sides Development Agreement Mayor Hayman opened the public hearing. There were no additional comments from staff. Mayor HaYman commented on the difference in the verbiage in the agreement that states that the westerly portion of the lots paralleling Hibiscus would be the designated alleyway which is contrary to what was discussed at the first reading where we said the northern portion of that northeast property would be the designated alleyway. Mr. Karet explained the Council has to give direction at this time. What was presented to Council is exactly what was presented to the LDRA. It was not his understanding that it was the will of the Council during the first reading to change the designated alleyway. If it is now, that is the way it will go into the agreement. Council needs to indicate what they want to do with the conceptual plan in terms of the elevation of the building. Mayor HaYman doesn't care where it goes but they need to provide access so FP&L can get to the transformer. It was the consensus of Council to require an easement across the north 15 feet of lot 7514. City Attorney Storey stated staff would need clarification regarding the transportation impact study and whether the agreement should reference and require that the development be in accordance with the rendering or conceptual plan. Councilman Hays sees no reason to remove the traffic study if Mr. Sides has already agreed to do it. Councilman Hatfield stated he is wondering if in fact, in order to say no we don't need the transportation study would we have to make it clear because we don't feel there will be 500 trips a day going in and out of the building. Page -15- Council Regular Meeting December 19, 1995 'W' """" City Attorney storey explained it would be based on the individual circumstance. Under the current Land Development Code, this project would not require a transportation impact study because of the number of trips it would be expected to generate. This was an additional requirement of the LDRA. Councilman Hays questioned the cost of a traffic study. Mr. Karet informed him $3,000 to $5,000. Councilman Hays sees no reason for a traffic study and requested they strike it from the agreement. Councilman Hatfield moved to waive the traffic study and it was the consensus of the Council that it be waived. Mr. Karet informed the Council of three options. Either they want the conceptual drawing or don't, or strike off the conceptual plan and leave it up to the applicant. It was the consensus of the Council to leave the design up to the applicant. Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve the development agreement with the changes that were agreed to by consent, second by Councilwoman Martin. The motion CARRIED 4-0. Mr. williams thanked the Council for their level headed reasoning. There was a five-minute recess. M. Public hearing Res. 95-R-28 Oscar Zeller and Julian Greene request to vacate portion of Highland Shores Subdivision Mayor Hayman explained this is a legislative matter. Mayor Hayman opened the public hearing. Mr. Karet made a presentation regarding Res. 95-R-28. Councilman Hatfield questioned this being discussed before. Mr. Karet informed him this piece of property was never discussed directly. Mayor Hayman informed the Council that the Florida Inland Navigation District spoil site is located somewhere north of the area being discussed. Joe Martin, representative for Oscar Zeller and Julian Greene, had no comments. Mayor Hayman closed the public hearing. Mayor Hayman read Res. 95-R-28. Councilman Hatfield made a motion to approve Res. 95-R-28, second by Councilwoman Martin. The motion CARRIED 4-0. N. Public hearing Ord. 95-0-12 Establishing regulations for outside storage of vehicles, equipment and materials with staff recommendation to continue until 2/5/96 (Continued from 11/6/95) This item was continued to the January 8, 1996 meeting. O. First reading Ord. 95-0-24 Peddlers, Solicitors, Canvassers Page -16- Council Regular Meeting December 19, 1995 '-" v Mayor Hayman read Ord. 95-0-24. City Attorney storey explained this was brought about through the concerns of Councilman Hays. She also used this as an opportunity to clean up the ordinance. She spoke on one of Councilman Hays' concerns in regards to children soliciting without supervision. City Attorney Storey commented on the waiver of the fee or registration for anyone under the age of 16. If the intent of the Council would be to provide stricter regulations, the waiver of the registration requirement, in her opinion, would need to be removed. Councilman Hays elaborated on children being dropped off. He feels they are placing themselves in danger. He feels it is o.k. for the girl scouts or other organizations to come around a couple times a year. Anytime the girl scouts are around, he always sees an adult with them. He asked that Page 3, Paragraph D include the sponsor or supervisor being in sight or in attendance to the people that are soliciting. Councilman Hays commented on the hours the children are out soliciting. He also asked that section 11-70 be looked at. He suggested 9 a.m. to 5 p.m. Monday through Friday. He feels the weekend hours should be shortened. City Attorney Storey stated one of the reasons she did not suggest a shorter time frame is because there is no way to catch people home after their working days. It is viewed as a severe limitation on the ability of someone to conduct their business. Councilman Hays feels the matter of a house with a no soliciting sign should be addressed. If someone does not want a solicitor they should have the right to post a sign. City Attorney Storey informed him that is in the ordinance already. Mayor Hayman commented on deleting the waiver included in Section 11-74. He asked Councilman Hays if he concurred with that. Councilman Hays doesn't know how they could get around this. Mayor Hayman questioned what would happen if they tried to restrict the time and days. city Attorney Storey advised Council that would be their decision. Councilman Hays encouraged citizens to post a no soliciting sign on their property and he asked the Police Department's assistance if someone calls and complains that their concerns are responded to. City Attorney Storey stated any violation of the provisions of the ordinance could subject the company or individual to revocation of their solicitors permit. Mayor Hayman also urged citizens to post no solicitor signs if they don't want solicitors. Councilman Hays made a motion to adopt Ord. 95-0-24 with the discussed changes, second by Councilwoman Martin. The motion CARRIED 4-0. P. Res. 95-R-29 Adopting Reapportionment of voting membership on Volusia County Metropolitan Planning Organization Mayor Hayman presented the background for Res. 95-R-29. Mayor Hayman read Res. 95-R-29. There was no presentation from staff. Page -17- Council Regular Meeting December 19, 1995 '-' ...., Mayor Hayman addressed some questions regarding this. He commented on section 2 regarding increasing the number of chairs and votes to 19 with one city one vote. There was a discussion regarding Volusia County never being lowered. Mayor Hayman strongly recommended adoption of this resolution. Councilman Hays made a motion to approve Res. 95-R-29, second by Councilman Hatfield. The motion CARRIED 4-0. CONSENT AGENDA A. Purchase of Library air conditioner outside unit from servair B. Purchase of four sets of bunker gear from Safety Equipment Company on State contract C. Purchase of mini-cam additional cable and related equipment from Southern Sewer Equipment and declare as sole source supplier D. satisfaction of special assessment (paving) lien E. Retaining Dean, Ringers, Morgan and Lawton in reference to Elaine Keith Maloney v. City of Edgewater Councilman Hays made a motion to approve the consent agenda, second by Councilman Hatfield. The motion CARRIED 4-0. OTHER BUSINESS A. Wastewater Department's request to purchase fire station #2 and adjoining property (+ 5 acres) from Wastewater impact fees Councilman Hays moved for approval, second by Councilman Hatfield. There was a discussion regarding the value of this property. The motion CARRIED 4-0. city Manager McMahon asked Council to designate the money to be put into a special fund for the eventual construction of a new fire station. Councilman Hatfield made a motion to take the proceeds from the sale of this facility and place them in a restricted fund for the construction of fire station #2, second by Councilman Hays. The motion CARRIED 4-0. B. Recommended change order #2 extending the contract time for the Road Improvement Project by thirty days and discussion of alternate stormwater conveyance system City Engineer Fegley made a staff presentation. He explained the three reasons for the extension being due to the delay on the construction of the detention ponds, the high water table, and utility conflicts. The completion dates would be pushed back to January 10, 1997 for Part A. There are no monetary considerations regarding this change order. Mr. Fegley commented on the alternate stormwater conveyance system. He commented on an option being roadside curb and the stumbling blocks they have come across. Page -18- Council Regular Meeting December 19, 1995 '-" ""'" He asked for Council acknowledgment that it would be o.k. to substitute a curb line in lieu of the specified contract which is the swales. Mr. Fegley recommended approval. If it is above and beyond the cost to substitute the swale, this would not be pursued. Councilman Hatfield made a motion to approve both requests of City Engineer Fegley, second by Councilman Hays. Mayor Hayman asked Mr. Fegley to inform Council when he receives the information. The motion CARRIED 4-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Fire Chief Bill Vola stated effective 10 a.m. this morning, the Fire Department received their service license for the City's paramedic service. We will begin paramedic services Christmas morning at 7:30. City Manager McMahon commented on a volunteer fireman who has gone through the paramedic course. Mayor Hayman spoke about a gentleman who donated over $1,000 worth of supplies. He asked staff to provide the gentleman's name and address so a thank you letter or proclamation could be mailed to him. City Manager McMahon stated the balance of the money also came from grants. Chief Vola stated the name of the business is AMPS Med Supply and the gentleman's name is Mike Poniatowski. Mayor Hayman asked the clerk to help draft an appropriate proclamation. Councilwoman Martin asked if the toy collection has been a success. Fire Chief Vola stated they have received $400 in donations and tomorrow staff will be going shopping for toys that they don't have enough of. OFFICER REPORTS City Attorney city Attorney Storey had nothing at this time. City ManaC]er city Manager McMahon spoke on the review of the city copiers. He asked Council to approve a motion that would authorize the Police to enter into the copier agreement. Councilman Hays moved for approval, second by Councilman Hatfield. Mayor Hayman commented on the automatic renewal. He doesn't like automatic renewal clauses in any agreement. He feels someone needs to keep a clock. City Attorney Storey informed him her office does. The motion CARRIED 4-0. Page -19- Council Regular Meeting December 19, 1995 "Wf ..., City Clerk There were no reports from the Acting city Clerk. OTHER Councilman Hays Councilman Hays addressed the matter of providing ambulance service. He feels this should be a goal to look into for the next year. Fire Chief Vola stated if this is a consensus of Council they would be quite pleased to go forward and present Council with information and options. Councilman Hays commented on sometimes there not being adequate personnel to transport someone. If they don't, they take one of the City's personnel and we don't get any revenues off of that. Councilman Hatfield questioned if we do our own ambulance system, will we be able to get out of the tax burden the County provides. Councilman Hays feels the County needs to be realistically aware of the position they are placing us in. Mayor Hayman stated Jim Ward of Port Orange made a proposal to VCOG that they come up with an idea mentioned by Councilman Hays. Port Orange is being reimbursed paramedic transportation costs. Fire Chief Vola informed Councilman Hays that EVAC pays the taxi fare for his personnel to get back. Councilman Hays wished everyone a Merry Christmas. Mayor Hayman Mayor Hayman wished everyone a Merry Christmas and congratulated the Fire Department. Councilman Hatfield Councilman Hatfield commended the Fire Department. Councilman Hatfield spoke about the stormwater concerns especially with the increased development of Coronado Paint the Hart Avenue area. He feels a study needs to be done. Manager McMahon informed him DRMP already did a study. Councilman Hatfield would like to see something from staff. in City City Manager McMahon asked Mr. Fegley the cost on the DRMP study. Mr. Fegley stated he wasn't sure of the exact figure, just the materials and some of the labor to conduct the work was around $100,000. The plans are in his office and are probably 75% to 80% complete. The permitting procedure hasn't even started due to lack of funds. He agreed to report back later. Mayor Hayman feels the next step is to get all the information together and prioritize to figure out which neighborhood is first. The answer is going to be how are they going to arrive at creating financing to do what has to be done. Councilman Hays suggested doing it the same way as it was done in Florida Shores. Councilman Hatfield feels they need to start some system of correction even if it is a little at a time. Page -20- Council Regular Meeting December 19, 1995 .... Mayor Hayman suggested having a workshop item to express their concerns regarding City Manager McMahon if it could be done Manaager McMahon informed him it could. .."., or make it an agenda ClP issues. He asked in February. city Councilman Hatfield wished everyone a Merry Christmas. ADJOURNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn, second by Councilwoman Martin. The meeting adjourned at 9:20 p.m. Minutes submitted by: Lisa Kruckmeyer Page -21- Council Regular Meeting December 19, 1995