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05-15-1995 - Regular ....." ...", CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 15, 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 Arrived at 7:45 p.m. Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE: The invocation was delivered by Reverend Harvey Hardin, Retired Pastor, Edgewater United Methodist Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES: Reqular Meetinq of May 1, 1995 Councilman Hays made a motion to approve the May 1, 1995 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearinqs) Galen McClain, 3119 Queen Palm Drive, stated he is interested in the reason or possible reason for a feasibility study for a public golf course. Mayor Hayman stated we asked for the study, we commissioned a company to come in and do the study and following our agenda, they have presented the study and it must be presented to the public. He asked Mr. McClain to bear with Council until they get to that point on the agenda. CITY COUNCIL REPORTS 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 Hatfield Councilman Hatfield was not present at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. .... '-' PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public hearinq on development aqreement for propertv at 201 N. Flaqler Ave. Mayor Hayman briefly explained the background for this development agreement. Mayor Hayman opened the public hearing. Community Development Director Mark Karet presented the background and made a presentation regarding the development agreement for 201 N. Flagler Ave. He commented on SP9501 and SP9502. Councilman Hays asked if a 12" line will meet future needs and the projected future growth. Mr. Karet explained that is the size line that has been identified in the Master Plan that was prepared by DRMP for this area. It is anticipated that will be sufficient. Mayor Hayman closed the public hearing. Councilman Mitchum made a motion to approve the development agreement for 201 N. Flagler Ave., second by Councilman Hays. The motion CARRIED 4-0. CONSENT AGENDA: A. Halifax Used Cars request to hold tent sale Mav 19. 20. and 21 at 1207 S. Ridqewood Ave. and month Iv thereafter B. Contractor's request to waive performance bond for construction of Tour of Home C. Lease aqreement on Canon copier for Buildinq Division Councilman Mitchum moved for approval of Items B & C of the consent agenda, second by Councilwoman Martin. Councilman Hays asked to have Item A pulled from the consent agenda. The motion CARRIED 4-0. Councilman Hays expressed concern with allowing a tent sale monthly without it coming back before Council. He would rather this be on a per request basis. He recommended consideration of some numbers or limiting how many tent sales are reasonable to have in a year's time. John Martin, Halifax Used Cars, explained they are trying to get a contract with the company they received the tent from where they want Halifax Used Cars to have an agreement with them to get twelve tents a year. Councilman Hays expressed concern with businesses getting carried away with tent sales. He feels the number of tent sales a business has should be limited. He has no problem with approving the May tent sale and between now and the next time the Council is approached by Halifax Used Cars for staff to consider looking at a reasonable limit for tent sales. Mr. Martin requested the dates be changed to May 26th, 27th, and 28th. Councilman Hays asked staff to look into what other cities do and reasonable limits. Page -2- Council Regular Meeting May 15, 1995 .... ...., Councilman Mitchum spoke about the last time this was brought up that this be done administratively. He stated in other cities these types of things are administrative. City Manager McMahon asked whether the interpretation of this is a special event or whether it occurs under the occupational license. He commented on the City having to provide services for special events and being charged an event fee. He informed Council he would come back to them at the next meeting. Mayor Hayman commented on more than one business having tent sales over a one month period. He referred to previous tent sales that have been held by Halifax Used Cars. He spoke about helping out the businesses in Edgewater. Mayor Hayman stated he supports his colleagues as they express concerns about the need for a policy regarding whether this requires an additional fee for other services rendered. Mayor Hayman suggested disposing of the request to hold the tent sale on the 26th, 27th, and 28th and encouraged Mr. Martin to work with staff to help formulate a more concise policy that is fair to everybody but meets the concerns of the Council for public safety. Councilwoman Martin commented on promoting business within the City and businesses using promotional projects. Councilman Hays further clarified having a problem with a tent sale being held every month. He spoke on special activities being limited and this getting out of hand. He expressed an interest in a policy being established by staff. Councilman Hays made a motion to approve the request of Halifax Used Cars to hold a tent sale at 1207 S. Ridgewood Ave. on May 26th, 27th, and 28th, second by councilman Mitchum. Mayor Hayman asked if Councilman Hays would object to including Councilman Mitchum's expression of need to firm up administrative policy. Councilman Hays feels we need to see more of this. The motion CARRIED 4-0. OTHER BUSINESS A. Feasibility study for public qolf course facility Mayor Hayman briefly commented on a study done by the National Golf Foundation as to whether it is feasible to locate a municipal golf course in or adjacent to Edgewater. staff feels the study is the first step of two steps needed to determine whether a golf course is feasible for development. The second step is to negotiate an agreement with the property owners, if possible. staff would like Council to consider putting together a negotiating team and allow them to proceed with negotiating for an agreement with the interested property owners. City Manager McMahon commented on the reason for the feasibility study and the next step being finding out whether or not there are interested property owners. He commented on two alternatives the golf report addresses that would not impose a financial risk for the City. Mr. Corder commented on the conservative market estimates. The study is based on the development of the course if the City did everything. He explained the City is looking at this being a joint venture. Page -3- Council Regular Meeting May 15, 1995 .....- ....., Mayor Hayman asked Mr. Corder to describe the composition of the feasibility study team and who that would consist of. Mr. Corder stated three or four staff members, including himself as well as the Community Development Director due to the land regulations, and possibly the City Manager and Finance Director or a Councilmember. City Manager McMahon stated he would definitely like to be involved. He asked Council to designate a Councilmember or the Mayor to be part of the negotiating team. He would like Mr. Corder included from the beginning. He thinks it would depend on the stages of the negotiations as to when the Finance Director and Community Development Director would be included. City Manager McMahon asked Council to consider the comments made by him as well as Jack Corder and then have the Committee come back to Council with a report of the findings and the status of the negotiations. Mayor Hayman clarified the two issues that need to be decided on by Council being whether or not to proceed with further study on that matter and if Council agrees, to appoint the necessary team. Mayor Hayman asked if Mr. McClain still had comments he wanted to inject into the discussion. Mr. McClain stated he had no objection to a golf course but he wanted to know who is paying for it. He commented on problems Brevard County had due to not making any money. Mayor Hayman asked City Manager McMahon if he had the part of the report that addresses the geographic area and the courses. Specifically, he is saying we did not mention in the deliberations or the report that Brevard County has had some serious financial problems with one of the courses that the County government was affiliated with there. City Manager McMahon stated most of these problems were with arrangements between local government and the private sectors because of poor agreements to begin with. He feels there is an opportunity which in five years may make some economic sense to the city. If they can work out a financial arrangement, he feels very assured the city would not have to look to its own funds to supply this. Mr. Corder stated the course that Mr. McClain is referring to is not in the study but Mr. Karet informed him he believed it was Savannah's and the problem was they purchased the land along with the development of the course so their cost factor was a lot greater than anticipated and they didn't have the supply and demand to match it. Mayor Hayman feels Mr. McClain's points should be well taken. He commented on a cost effective approach. Mr. Corder explained they wish to continue with the study in- house where there will be no additional costs to see whether they can do any negotiating of any agreements to bring a recommendation back to Council and what cost factors are associated with that. city Manager McMahon commented on the success of a developer in Palm Beach Gardens involved with their golf course. Councilman Hatfield arrived at 7:45 p.m. Mayor Hayman informed Councilman Hatfield of the discussion up to this point. Page -4- Council Regular Meeting May 15, 1995 ..... "WI' councilman Mitchum made a motion to approve the authorization of further study and analysis of the golf course feasibility, second by Councilman Hays. Councilman Hays feels they need to continue to look at this and that it is essential for the growth of Edgewater. He feels they need to look at the tax base for housing that is typically attracted to golf course communities. He spoke of the need for golf courses in Volusia County. He volunteered his services for the Committee. The motion CARRIED 5-0. Councilman Hatfield made a motion to include Councilman Hays as part of the Committee, second by Councilman Mitchum. The motion CARRIED 5-0. B. Award of wrecker services bid to Edgewater Garaqe Mayor Hayman presented the background of this request. city Manager McMahon stated if the Council approves this, it will end several years of difficulty of getting wrecker services at the appropriate time, it will basically allow freedom of choice to the person that has a car towed to determine where that car will go, and it will provide the City a small but reasonable amount of income from each of the towings. Councilman Hatfield asked about the $10.00 payment per tow and it sounding like a kick back. He asked if there is a legal problem. City Attorney storey stated the consideration that is being given is that the City is exclusively using this service as opposed to in the past when there was a rotating basis where several wrecker services were being called. Police Chief Schumaker commented on the matter of rotating services and using different wreckers and problems that have occurred in the past. Councilman Hatfield made a motion to award the bid to Edgewater Garage, second by Councilman Hays. The motion CARRIED 5-0. C. Appointments to citizen Code Enforcement Board due to expiration of terms of Jeffrev Lanqe and Frank Roberts. who request reappointment Councilman Hays made a motion to appoint K. Anthony Fowler and reappoint Frank Roberts, second by Councilman Mitchum. The motion CARRIED 5-0. D. Consider chanqinq current city policv to: 1) refund utilities deposits for owner-occupied residential property. and 2) allow landlords to terminate service City Manager McMahon commented on the policy in the past. He spoke about not needing to keep someone's deposit once they have established reasonable and responsible credit. They are making a recommendation of a policy that would establish reasonable and responsible credit. This would apply only to homeowners who would have to demonstrate that they clearly had a 13 month track record of good credit with the City where they have had no penalties and have never been shut off. Councilman Mitchum questioned the 13 months beginning with the enactment of the ordinance. City Attorney Storey explained the current code does not provide for any return of a deposit. Page -5- Council Regular Meeting May 15, 1995 ... ....,; Mayor Hayman asked why they can not include in the verbiage of the ordinance something that would allow retroactive consideration. City Attorney storey stated that would be a policy decision made by Council. Councilman Mitchum stated if in fact, after the deposit has been refunded, there is trouble, we can require another deposit to be put up. There was further discussion regarding changing the wording in the ordinance to allow deposits to be returned as soon as possible depending on the effective date of the ordinance. Councilman Mitchum feels this is a reasonable request that has never been looked at before. Mayor Hayman asked if they are going to be limited to taking a credit or will they be able to receive cash. city Manager McMahon explained the deposit will be refunded in the form of a credit. Councilman Hays suggested this may be an item to address in the next newsletter. City Manager McMahon stated he would like to address in the proposed changes to make this credit available upon request. Councilman Hays asked if someone could write that they would like their deposit credited. credit forms available if someone would like credited to their water bills. on their water bill There will be their deposit It was the consensus of Council to bring this back in ordinance form. Councilman Mitchum recommended notice be placed on the next water bill as well as the newsletter. City Manager McMahon requested this not be done until the ordinance is passed. There was a five-minute recess at this time. Mayor Hayman commented on Item 2 - allowing landlords to terminate service even if the bill is current. Councilman Hays made a motion to allow landlords to terminate service, second by Councilman Mitchum. The motion CARRIED 5-0. Councilman ordinance. ordinance, to Council Mitchum asked if this would be done in a separate City Attorney storey stated there is currently no it has been policy. She suggested bringing this back in the form of a resolution to clarify the policy. Mayor Hayman questioned the length of time for notification. City Attorney Storey stated they are looking at a minimum of 24 hours. Councilman Hays and Councilman Mitchum suggested 48 hours. It was the consensus of the Council to require 48 hours notice. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Doris Hill, 112 Lincoln Road, spoke about the impact fees that the County Council is talking about cutting. She feels very strongly that anything that is cut out of impact fees is going to impact what the taxpayers and homeowners are paying in taxes. She feels the City governments needs to say something to the County. She commented on an editorial in the News Journal. Page -6- Council Regular Meeting May 15, 1995 ..... ...."" councilman Hatfield agreed with Ms. Hill and suggested she write a letter to her County Councilperson to that effect. Mayor Hayman opposed Ms. Hill's comments. Ms. Hill stated most of the people who live here are retired. They have already paid their impact fees. She spoke about the growth of Edgewater. Roger Harnack, Observer, commented on the Council on repeated occasions said that at no point will it use tax revenues to fund the golf course or any golf course related activities. He spoke about Council authorizing staff to put together a negotiating team. He commented on staff's pay coming out of general revenues and tax dollars. He spoke about the cost for staff becoming conceivably higher. He questioned at what point would Council draw the line as to whether staff time should still continue to be funded by tax revenues or should it come from the recreational impact fees. City Manager McMahon stated this has been explained to Roger. He commented about staff time and supplies being part of the operating expense. Mayor Hayman stated they consider it a common staff function and Council has asked staff to do that and they expect it to be done expeditiously and professionally. Mr. Harnack stated the cost could be negligible or as negotiations progress it could turn out to be a very expensive endeavor. Mayor Hayman expressed confidence in City staff. Councilman Hays stated the staff members are department heads and he commented on this project being part of the job. Galen McClain, 3119 Queen Palm Drive, questioned if the UTE racked up 1500 hours of work to be done by City staff, why were they not charged for it. City Manager McMahon stated he doesn't think the UTE represents 18,000 people, but the golf course stands to benefit 18,000 people. He objects to the fact that any group of people can cost that kind of money to citizens that have nothing to do with that. Mr. McClain feels there should be some way of getting the money back. OFFICER REPORTS city Attorney City Attorney Storey had nothing at this time. city Manaqer City Manager McMahon had nothing at this time. city Clerk City Clerk Wadsworth had nothing at this time. city Council Councilman Mitchum commented on a letter from Mr. Sowers. He asked City Manager McMahon if he is looking into his concerns. City Manager McMahon informed Councilman Mitchum this is being addressed. Page -7- Council Regular Meeting May 15, 1995 ..... ~ Mayor Hayman commented on the regional library. He spoke about a meeting with the City Manager and Vice Mayor of New Smyrna Beach to see if they could resolve the regional library differences. He commented on the general discussion involved with the regional library concept. He stated they shared some experiences the City is having with the County Library staff with regards to the contract and lease agreement. Mayor Hayman stated he left the meeting with the feeling that they were very anxious to work closely with everyone and work towards an amicable solution that would benefit Oak Hill, New Smyrna, Edgewater and the unincorporated area equally. Mayor Hayman commented on the possibility of another new library site in Edgewater. Councilwoman Martin questioned Mayor Hayman being in favor of closing the present library. Mayor Hayman stated if the City of Edgewater could get a $700,000 new facility in a place that provides all the needs of our citizens and meets the agreement with the Library staff, he would endorse it. Mayor Hayman commented on the property being owned McCAllister and being located next to Boston Road. considering donating 7 acres to the County for the library. by David He is location of a City Manager McMahon hopes the Council will continue to work very hard with the library issues. He stated without a firm plan on the County's behalf, he doesn't think we are going to see a regional library or lease agreement that is satisfactory to anybody and he doesn't think there is going to be equity in the use of those tax dollars. Councilwoman Martin commented on the new library being a reference library. She questioned what is going to happen to the children's programs and the people that can come by bike, wheelchair or walk to the current library. Councilman Mitchum spoke about the proposed site not being that far from the present site. He spoke about the City Island Library being a regional library and being a fabulous library. City Manager McMahon spoke about the proposed site providing a significant amount of safety that is not with the current site. Mayor Hayman informed Council if they wanted to get a good view of what the regional library typical plan looks like, they could go to Port Orange City Hall. ADJOURNMENT: There being no further business to discuss, Councilman Mitchum made a motion to adjourn, second by Councilman Hays. The meeting adjourned at 8:47 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting May 15, 1995