Loading...
08-21-1995 - Regular '-' """, CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 21, 1995 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 Rev. Campagnone, retired Roman Catholic priest. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of Auqust 7. 1995 Councilwoman Martin made a motion to approve the August 7, 1995 minutes, second by Councilman Hatfield. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearinqs) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilwoman Martin Councilwoman Martin had nothing at this time. councilman Havs Councilman Hays had nothing at this time. Councilman Mitchum Councilman Mitchum had nothing at this time. Mavor Havman Mayor Hayman had nothing at this time. Councilman Hatfield Councilman Hatfield had nothing at this time. ..... .."" PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Mayor Hayman commented on a request from City Attorney storey to change the agenda slightly to help accommodate any questions from the bond counsel. There were no objections to hearing presentations regarding Res. 95-R-13 or 95-R-14. City Attorney storey explained the need for Res. 95-R-13 and Res. 95-R-14 being to amend resolutions previously adopted by Council relative to the financing for the road improvement project. City Attorney storey informed Council they will be closing on the financing for Part A tomorrow. City Attorney storey explained 95-R-13 conforms Resolution 95-R- 09 that Council adopted in July to the specific provisions of the bid that was accepted from First Union. City Attorney storey explained 95-R-14 ratifies the award of the bid that was made to First Union by the City Manager and Finance Director. copies of the certificate of award, the bid tabulation and the actual bond document are attached to the resolution. She commented on Exhibit A which is the repayment schedule which is reduced from what was originally proposed. city Attorney Storey informed Council, Robert Freeman, the City's bond counsel, was available to take any questions. Mayor Hayman read 95-R-13. Councilwoman Martin made a motion to approve Res. 95-R-13, second by Councilman Hatfield. The motion CARRIED 5-0. Mayor Hayman read 95-R-14. Councilman Hatfield made a motion to approve Res. 95-R-14, second by Councilwoman Martin. The motion CARRIED 5-0. A. First readinq Ord. No. 95-0-11 Increasinq monthly recvclinq fee bv fifty cents City Manager McMahon briefed Council on the need for an additional $.50 increase and his recommendation being to approve Ord. 95-0-11. Mayor Hayman read Ord. 95-0-11. Mayor Hayman recognized a long term agreement contract that we have with Southards Recycling. He commented on the sterling and outstanding job that has been done. Mayor Hayman stated the City has been subsidizing the cost by almost $.40 and the city can no longer continue to subsidize it. Mayor Hayman hopes to, in the near future, sit down with Southards and arrive at an agreement where the City could derive some benefit from the profit or help to free costs from the profit associated with the resale of the recyclables. He hopes to look to ways that will defray such costs by having some kind of rebate back to the City as the market improves. Councilman Hays feels the City is making an investment with the recycling. He commented on everything being put in the recycling bins not being taken to the landfill. councilwoman Martin made a motion to approve Ord. 95-0-11, second by Councilman Hays. The motion CARRIED 5-0. Page -2- Council Regular Meeting August 21, 1995 .., ..."", B. First readinq Ord. No. 95-0-12 Establishinq requlations for outside storage of vehicles. equipment and materials Mayor Hayman read Ord. 95-0-12. city Attorney storey explained why this issue is being brought before Council. She commented on this being brought before the Code Enforcement Board on a fairly regular basis and becoming more so. She has become aware of some inconsistencies within the ordinance and other zoning regulations. city Attorney Storey commented on the proposed changes in Ord. 95-0-12. community Development Director Mark Karet further commented on the need for Ord. 95-0-12. Councilman Hays questioned if canvas covers meet the criteria. Mr. Karet explained this is asking for screened areas, not coverings. Councilman Hays explained there are vehicles covered with canvas throughout the City and not being able to tell if there is a license plate on the car. Mr. Karet stated there are many of those in the City and those are not being complained about. Councilman Hays questioned Page 1, Section 1101.01, where it states from any public right of way. Councilman Hays would be more comfortable being able to review this some more. He asked that this be placed on the table until he has an opportunity to do that. Councilman Hatfield commented on commercial uses and being able to store landscaping and gardening supplies in front of the business. He questioned if the McGregor's will still be able to keep the rental equipment in front of the business under the proposed ordinance. Mr. Karet explained this is referring to anything that would be typically used outdoors. Councilman Hatfield spoke about his garage being in front but to the side of his house. He questioned his trailer being kept beside his barn in front of his house but to the side of his barn. Is he in violation. Mr. Karet questioned if the trailer is licensed. Councilman Hatfield informed him it is licensed. Mr. Karet stated there would be no violation unless it was not licensed and completely inoperable. Councilman Hatfield commented on a salvage business down the street from his house. He spoke about vehicles in front of the business that are unlicensed. He questioned if they are considered used cars under this ordinance or are they permitted. Mr. Karet explained there are a couple of issues that this raises. Council has to make a decision on how they want to deal with existing uses that might be in violation of this code in terms of grandfathering them in. Councilman Hays moved to table, second by Councilman Mitchum. Councilman Mitchum stated he supports the ordinance and he supports Councilman Hays wanting to table this ordinance. Councilman Mitchum commented on being able to register a car without getting a license tag. Page -3- Council Regular Meeting August 21, 1995 .., ...., Mayor Hayman agreed with Councilman Mitchum. He stated he would like section 1101.02 to include such office uses as Winnebagos used on construction sites. Mayor Hayman questioned section 1101.03B. He expressed concern about the rental people across the street. He commented on auto repair businesses having to wait for parts before vehicles can be fixed. He expressed concern with them having to put up a screen. Mayor Hayman commented on section 1101.03D where it states limit of anyone product or model. He spoke about businesses who sell pools, spas or lawn furniture and only being able to display one item such as one chair, one umbrella and one table. Mayor Hayman commented on automotive repair places selling cars and he questioned if that type of business will be affected. Mayor Hayman commented on section 1101.04B. He commented on equipment and material being secured to withstand winds. He feels this is an ambiguous statement. You need to be a little more precise about how many miles per hour winds we have to withstand. Councilman Hays feels these items being brought up can be discussed further at another meeting. The motion CARRIED 5-0. C. Res. No. 95-R-11 Establishing a procedure for ex parte communication with city officials Mayor Hayman read Res. 95-R-11. City Attorney Storey briefed Council on Res. 95-R-11 and how this was brought about. She commented on a bill that was passed in the legislature which based on certain procedures being followed would remove the presumption that there was prejudice. This bill established procedures which would allow public officials to communicate with constituents so long as that communication is disclosed on the record prior to a decision being made. City Attorney Storey explained what would be able to be done under Res. 95-R-11. This provides a process but this does not require any City official to engage in ex parte communication. Councilman Hatfield presented an example of what if a member of a Board votes against something but it isn't clear in the minutes why, does he have the right to discuss this with the member as long as he goes through the proper procedure. city Attorney Storey explained as long as it is disclosed on the record. City Attorney Storey stated the real emphasis is the constituents who have been unable to discuss these types of issues. Councilman Hays expressed concern on this causing problems. City Attorney Storey explained this does not obligate Council to engage in ex parte communication, it just provides a process. Councilman Hays asked why City Attorney storey feels they need to do a resolution on this. city Attorney Storey explained because it gives you an option. otherwise without doing this, you do not have the option. There will continue to be a presumption of prejudice if the Council engages in ex parte communication. Mayor Hayman presented his understanding of the matter being discussed and the procedure that needs to be followed. City Attorney Storey elaborated on Mayor Hayman's presentation. Page -4- Council Regular Meeting August 21, 1995 ~ ~ Councilwoman Martin asked if they would still have the option to meet or not meet with someone. City Attorney storey again explained this does not obligate Council. There was a brief discussion regarding site visits. Councilman Mitchum made a motion to approve Res. 95-R-11, second by Councilman Hatfield. The motion CARRIED 5-0. D. Res. No. 95-R-12 Extinquishinq drainaqe easements on Lot 15136. Block 491 and Lot 15152. Block 492. Florida Shores City Attorney Storey explained the reason for this request. There is an existence of a drainage easement covering Lot 15136 which would keep an individual from utilizing the lot for building which is the requested use. City Attorney Storey explained city Engineer Fegley discovered there is a similar drainage easement on Lot 15152 and it also covers the entire lot. That lot has a home built on it and is within the existing drainage easement. To assist a future sale of that property, staff's position would be to vacate and extinguish that easement as well. Judy Elliott, Associated Land Title, explained how this drainage easement was discovered. Mayor Hayman read Res. 95-R-12. Councilman Hays feels it would be a benefit to the city to bring these forward and deal with them. He sees no reason to not approve any of these because it is to the benefit of the City to be able to develop a lot, tax them and build houses on them. He asked if this whole issue can be dealt with at one time or if each one has to be addressed individually. city Attorney Storey stated they may need to identify the specific parcels and then maybe do a blanket resolution listing those parcels. Ms. Elliott stated from a title standpoint, it is going to be cleaner and purer than it has been in the past with these blanket sort of things and who is going to bear the expense of someone to do the research. Councilman Hays questioned how many of these they will see. Ms. Elliott didn't know. city Attorney Storey explained although the resolution points out that on Lot 15136, staff's recommendation is to extinguish that entire drainage easement, on Lot 15152, the City Engineer has requested that the city retain 20' of that due to the canal. city Attorney Storey briefly commented on recording costs. Councilman Hatfield questioned if there is a house on Lot 15152 and would this 20' impact that house at all. city Attorney Storey stated it looks like the structure is certainly more than 20' away from the drainage easement. city Engineer Fegley stated that is correct. Councilman Hatfield made a motion to approve Res. 95-R-12, second by Councilman Hays. The motion CARRIED 5-0. Page -5- Council Regular Meeting August 21, 1995 ...., """"" CONSENT AGENDA A. Transfer of $1,000 from Special Law Enforcement Trust Fund into General Fund to help offset some DARE proqram costs B. Aqreement with Professional Services, Inc. (PSI) to provide geotechnical and materials testinq services for Florida Shores Roadway Improvement proiect C. Addendum Number 3 to continuinq service aqreement with Quentin L. Hampton Associates, Inc. Mayor Hayman commented on a change in the verbiage in the PSI agreement, paragraph 4A. City Attorney Storey spoke about comments received by the City Engineer from PSI in reference to the agreement. If Council authorizes, they will proceed to negotiate out the non- substantive items on the agreement in fairness to both parties. Councilman Hatfield made a motion to approve the consent agenda, second by Councilman Hays. The motion CARRIED 5-0. There was a five-minute recess at this time. OTHER BUSINESS A. Award of bid for seawall cap at Kennedy Park to Daytona Dock and Seawall Service with change work order Parks and Recreation Director Jack Corder made a presentation regarding the need for a replacement seawall cap at Kennedy Park. He explained he noticed a section that was not included in the bid so he asked for a price on that which is a result of the change work order for an additional $1,700. The total amount being $18,200. This is in the budget and there is a 50/50 Port Authority matching grant for this. Mayor Hayman commented on the detailed drawings of the project. It doesn't say what the PSI rating is for the concrete. Mr. Corder stated it would be 3,000 PSI. Mayor Hayman commented on the six inch thick sidewalk. He commented on there being no mesh or any type of rebar, no construction joint details and no expansion joint details with the cap. The plans also show no expansion patrol joints for the cap. continuous rebar throughout the cap is going to be a problem with the expansion and contraction. On the tie backs, he would like to see steel going from the tie back to the cap encased in PVC pipe but it is showing it as epoxy coated but even epoxy coated steel will rust out. If you sleeve it with PVC you don't have that problem. Mr. Corder stated he would contact the contractor and get back to Council on that. It would probably require an additional change order. Mayor Hayman asked why they are going with a six inch walk rather than a four inch walk. Mr. Corder stated to replace the existing walk that is already there. It was felt to be appropriate to have the stronger and deeper walkway. Mayor Hayman explained why he does not agree with that. Mayor Hayman stated he would like to see control joints in the steel and cap or you are going to have a hot day expansion and it is going to blow it right out. Page -6- Council Regular Meeting August 21, 1995 L ... """ Mayor Hayman stated they need to have some sort of control joints in the slabs as well. city Manager McMahon stated the expansion joints and other things were discussed this morning. He agreed with Mayor Hayman. He feels we need to be conscience that very likely this will be a higher price but he would rather do it right or not do it. City Manager McMahon asked Mr. Corder to take this under advisement and they would sit down with City Engineer Fegley in the morning. He stated he would like to use this as a basis for issuing the contract but on the other hand there could be substantial changes and will probably have to be rebid. Mayor Hayman stated on sleeving the tiebacks that shouldn't be a substantial change. On the control joints in the wall that shouldn't be a problem because he can't make a continuous pour anyway. Mayor Hayman suggested negotiating these items of concern. Mr. Corder stated the expansion joints on the sidewalk are cut in every ten foot sections after the concrete is poured. Mayor Hayman explained why he does not want that done. City Manager McMahon asked Council to approve this with the modifications that were discussed. Councilman Mitchum made a motion to approve this based on the Mayor's comments, second by Councilman Hays. The motion CARRIED 5-0. B. Replacement of Finance Department Computer System Finance Director Fred Munoz gave a presentation on the need for a new computer system due to the current system being outdated. There was a discussion regarding the funding mechanism. Councilman Mitchum asked where the figures are coming from. Is this a bid amount? Mr. Munoz informed him it was under state contract. Councilman Hatfield moved for approval, second by Councilwoman Martin. The motion CARRIED 5-0. C. Appointment to Parks and Recreation Board due to resiqnation of Paul Alvord, whose term had expired. Councilman Hatfield moved to appoint Erwin Brown, second by Councilwoman Martin. The motion CARRIED 5-0. D. Cancellinq or reschedulinq reqular meetinq of Monday, September 4, 1995, due to Labor Day holiday Councilman Hays made a motion to cancel the September 4, 1995 meeting, second by Councilman Mitchum. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Inez Walker, 3307 Victory Palm Drive, questioned the PSI going to cost $300,000 to inspect the pavement as the roads are paved. Mayor Hayman stated the inspection contract for the entire project will cost $300,000. Page -7- Council Regular Meeting August 21, 1995 '-' ""'" Ms. Walker questioned how many roads would be worked on at one time. city Manager McMahon stated he couldn't answer that without seeing the schedule from the contractor. He explained the earth moving will be done first and then they will do the base work. There was a discussion regarding the cost of the inspectors being so high. Ms. Walker commented on witnessing a house fire on pine Tree Drive. The firemen arrived fully clothed and sat in a circle on the lawn and watched the house burn because they couldn't get any water. Who put the wastewater in and didn't have the sense to hook up fire hydrants to it. City Manager McMahon informed her that is illegal because that water comes from the water supply plant and you can't co-mix that water with the reuse water. The pressure we need and the water supply we need on a continuing basis cannot be provided to the same system. Ms. Walker feels the money that was going to be used for a new firehouse should be used for fire hydrants. city Manager McMahon asked Ms. Walker to contact him. She said she left a message this afternoon and he is supposed to get in touch with her tomorrow. There was further discussion regarding what happened the night of the house fire. city Manager McMahon invited Ms. Walker to speak with him and Chief Vola. He informed her he would contact her in the morning and schedule the meeting. Mayor Hayman asked again for Ms. Walker's name. City Manager McMahon asked for her phone number. OFFICER REPORTS city Attorney city Attorney Storey had nothing at Othis time. city Manaqer City Manager McMahon reported on the rates us which he is discussing with the County. oanswerto present to Council after Friday. an answer, he would have a recommendation. for the water south of He expects to have an If he does not have city Manager McMahon commented on a discussion he had with the new County Manager. city Clerk city Clerk Wadsworth had nothing at this time. ADJOURNMENT There being no further business to discuss, Councilman Hatfield moved to adjourn. The meeting adjourned at 8:58 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting August 21, 1995