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04-17-1995 - Regular . ~ '--' ....., CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 17, 1995 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: vice Mayor Louise Martin called the Regular Meeting to order at 7:00 p.m. in the community Center. ROLL CALL: Mayor Jack Hayman Councilman Danny Hatfield Vice Mayor Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey city Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Excused Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Roger Miracle, Friendship Baptist, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of April 3. 1995 Councilman Hatfield made a motion to approve the April 3, 1995 minutes, second by Councilman Hays. Councilman Hays stated on page one in the last paragraph, there is a misspelling of the word they. The motion CARRIED 4-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearinqs) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilman Hatfield Councilman Hatfield stated Mr. Jones is asking for $250 for American Flags for the American Legion Post of Edgewater. Councilman Hatfield made a motion to donate $250 to the American Legion, second by Councilman Hays. Councilman Hays stated someone made a comment to him that when this was brought up again this year that the flags be made in America. Harry Jones agreed and assured Council he would make every effort to make sure they are made in the united States. The motion CARRIED 4-0. Councilman Havs Councilman Hays had nothing at this time. ..... ....". Councilman Mitchum Councilman Mitchum had nothing at this time. city Attorney City Attorney storey had nothing at this time. City Manaqer city Manager McMahon had nothing at this time. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearinq Ord. 95-0-01 Comprehensive Plan Amendment - 1229 Manqo Tree Drive vice Mayor Martin opened the public hearing. Community Development Director Mark Karet reminded Council that Items 5A and 5B are related. Mr. Karet explained the actual request is to rezone the property from R2B (single-family residential) to R4 (multi-family residential). The applicant wishes to expand an existing adult congregate living facility. City Attorney storey asked Mr. Karet to comment on the criteria for the rezoning which he did at this time. Mr. Karet explained the permitted uses for the surrounding properties. Mr. Karet stated the criteria were the findings as outlined by staff and approved by the LDRA. City Clerk Wadsworth read Ord. 95-0-01. vice Mayor Martin closed the public hearing. Councilman Hays made a motion to approve Ord. 95-0-01, second by Councilman Hatfield. The motion CARRIED 4-0. B. Public Hearinq Ord. 95-0-02 Rezoninq land located at 1229 Manqo Tree Drive vice Mayor Martin opened the public hearing. vice Mayor Martin closed the public hearing. City Clerk Wadsworth read Ord. 95-0-02. Councilman Mitchum made a motion to approve Ord. 95-0-02, second by Councilman Hays. The motion CARRIED 4-0. C. First readinq Ord. 95-0-03 Zoninq Text amendment re: personal services. and consolidatinq list of permitted uses in B- 3 Hiqhway Service Business District Mr. Karet made a presentation regarding the zoning text amendment and the applicants wishing to include tatoo parlors in the B-3 District. Mr. Karet elaborated on some of the permitted uses in the B-3 District. He presented the background of this request. Page -2- Council Regular Meeting April 17, 1995 ...... 'wi! Mr. Karet presented staff's recommendation for Council to approve the applicant's request and clean up the list of permitted uses. city Clerk Wadsworth read Ord. 95-0-03. Councilman Mitchum made a motion to approve Ord. 95-0-03, second by Councilman Hatfield. The motion CARRIED 4-0. D. First readinq Ord. 95-0-04 Zoninq text amendment to permit security personnel to reside on-site in Planned Industrial Development District Mr. Karet presented the background of Ord. 95-0-04 and the reason for this request from the applicant, Scott Porta. Councilman Hays asked Mr. Karet how he intends to monitor this. Councilman Hays expressed concern with other people occupying the security building or there being an unlimited number of visitors. Mr. Karet commented on the three criteria that will be followed to help with monitoring. Scott Porta, 117 Wilkinson Avenue, introduced himself. Councilman Mitchum asked Mr. Porta what the advantage is of having a residence on that site versus a security guard that is on a shift and has a containment area. Mr. Porta commented on the cost of paying around the clock security guard. We don't necessarily need someone looking out the window twenty four hours a day. We want a presence there. Councilman Mitchum stated if you only need them at night, why not run one shift at night. Mr. Porta stated because of the cost. Councilman Hatfield asked if Mr. Porta owns the trailer. Mr. Porta informed him he does. Councilman Hatfield sees no problem with this. Councilman Mitchum asked Mr. Porta if he is going to put a single person out there. Mr. Porta informed him it will be a father and his son. Councilman Mitchum expressed concern with the liability of the City being involved. He feels Council needs to make sure it is a very controlled environment. Mr. Porta stated he is up for any ideas to monitor that effectively. He feels the amount of safety that comes from that outweighs the possible safety that is going to be lost by not having someone there. Councilman Mitchum asked if this should be done as an ordinance or on a trial basis. Councilman Hatfield stated they could do the ordinance and then rescind it if Council didn't like it. Mr. Karet explained the LDRA's feelings on doing this on a case by case basis. vice Mayor Martin asked if it could be passed as an exception. City Attorney Storey stated the problem right now is Council doesn't allow it. In order to allow it, you either need to do a text amendment or authorize a deviation from the code. She cautioned Council about doing that routinely. Page -3- Council Regular Meeting April 17, 1995 '-" ...., City Attorney storey stated if the Council is concerned about being able to monitor it, then a conditional use allows an individual look at the site and specific conditions and circumstances surrounding a particular location. Councilman Hays asked Mr. Porta if he anticipates this as being a permanent need or as development increases in that area will it be discontinued in the future. Mr. Porta stated if they start getting some activity and some infrastructure out there, there may be a possibility that there will be a time when he wouldn't need it. Councilman Hays believes what Mr. Porta is asking for is appropriate at this time but he cautioned staff to look at this closely. He could see where someone could move into a situation like this and abuse the intent of the situation. Once this is an ordinance, it will be difficult to monitor and look at this. Councilman Mitchum expressed concern with this becoming an ordinance and whether or not they can rescind it. City Attorney storey stated if Mr. Porta has already established that use, as opposed to just cutting it off, Council would give some time frame or normally under zoning, if it exists and a change is made and they are grand fathered in, then that particular use could continue until it is no longer being used. Councilman Mitchum stated he would rather make this a conditional use and monitor it and then go from there. vice Mayor Martin asked if it could be monitored by someone having to obtain a permit for anyone who wants to do this. Mr. Karet explained it could be handled as a conditional use. City Attorney storey stated this would allow this as a permitted use in the pro so you wouldn't see this on an individual basis. Councilman Hays suggested doing this with Mr. Porta on a conditional use and if other people come before Council in the future, then bring this ordinance back and relook at it. City Attorney storey explained Council could approve an ordinance that would establish it as a conditional use on first reading then when that comes as a public hearing, council would then take action, which would require Mr. Porta to go back to the LORA for a conditional use permit. Councilman Mitchum asked if Council can allow him in the interim. city Attorney storey explained Mr. Porta would have to be apprised of the fact that the LORA is going to consider it and it would be at his risk that they may not approve that conditional use permit which would then be appealed to Council. After the public hearing on this, she didn't know whether Council wanted to authorize Mr. Porta to go forward at this time at his own risk and then Council will be considering having a public hearing on this proposal probably at the next meeting and he could go forward from there. She cautioned Mr. Porta and Council that it would be at his own risk. Councilman Mitchum stated they aren't doing the ordinance right now. City Attorney storey explained they are doing a revision of the ordinance. This title would not be applicable. She understands Council would like to bring this back as a conditional use and there are general criteria for considering conditional uses. She and Mr. Karet would work on a redrafting of the ordinance. council can either have another first reading or she can bring it back for public hearing. Mr. Karet and City Attorney Storey explained the change in the language is to include one modular dwelling in conjunction with a permitted primary use for security personnel becoming a conditional use. Page -4- Council Regular Meeting April 17, 1995 .... .."" Councilman Hays stated in the future should that present a problem he feels it would be easier to correct the problem on an individual basis. City Attorney storey explained on an individual basis, you can also attach individual conditions for the particular site. city Clerk Wadsworth read Ord. 95-0-04. Councilman Mitchum made a motion to approve Ord. 95-0-04 per the comments of City Attorney storey, second by Councilman Hays. The motion CARRIED 4-0. There was a five-minute recess at this time. vice Mayor Martin stated Phil Giorno, County council, was present. She invited him to say a few words. County Councilman Giorno informed Council he stopped by to see if they had any questions concerning the County. Councilman Hatfield asked County Councilman Giorno for his help to see if there is some way to get with staff on the library issues. He asked for assistance to find out why they can not work out an agreement. County Councilman Giorno stated libraries seems to be a very controversial item lately. He asked Council to fax items they are concerned about to him and he will discuss them with the County Council on Thursday. Councilman Hays feels there has been miscommunication. He asked city Manager McMahon to bring County Councilman Giorno up to speed. He feels the City's request is reasonable and they just need to get some commitment from the County's end. County Councilman Giorno stated he has been supportive of the County-wide library system. He feels they can work out anything they have if they can get their minds together. He feels partnerships should be established with libraries due to them being great assets to the communities. Councilman Mitchum feels the agreement is a one-sided agreement the way the County staff proposes it since there is no equity. Vice Mayor Martin commented on not receiving a reply to the February 1994 letter. She stated Mr. Knievel informed Council he would take care of it. County Councilman Giorno asked that a copy of that letter be faxed to him. vice Mayor Martin asked County Councilman Giorno why we really need a regional library and if it is necessary. She questioned if the funds can go to rebuild and replace existing libraries. county Councilman Giorno feels it should bea community issue. vice Mayor Martin expressed her concern about losing the library due to a regional library. Councilman Hatfield thanked County Councilman Giorno for coming. Councilman Hays thanked County Councilman Giorno and the County Council for their help with the City obtaining the shell pit. E. First readina Ord. 95-0-05 Amendina Code Enforcement Board Ordinance to achieve consistency with state Law city Attorney Storey commented on this being an update of the Code Enforcement Ordinance to have compliance with state Law. She spoke about being able to impose fines more quickly. Page -5- Council Regular Meeting April 17, 1995 ~ ....." City Attorney storey feels it is in the City's best interest to make sure the ordinance is consistent with the Florida statutes. City Clerk Wadsworth read Ord. 95-0-05. Councilman Mitchum made a motion to approve Ord. 95-0-05, second by Councilman Hatfield. The motion CARRIED 4-0. F. Res. 95-R-07 Adoptinq reapportionment of votinq membership on Metropolitan Planninq Orqanization City Attorney storey presented the background for this resolution. She presented the Mayor's position on this matter. Councilman Hays asked what Deland's objection was to this. City Attorney Storey stated she thinks Deland was looking for an additional seat. Mr. Karet commented on this being a very big political issue. City Clerk Wadsworth read Res. 95-R-07. Councilman Hays made a motion to approve Res. 95-R-07, second by Councilman Hatfield. The motion CARRIED 4-0. CONSENT AGENDA A. Interlocal Aqreement for Fire and/or Rescue Service Mutual Aid within Volusia County B. Modification #1 to statewide Mutual Aid Aqreement for Catastrophic Disaster Response and Recovery Councilman Mitchum made a motion to approve the consent agenda, second by Councilman Hays. The motion CARRIED 4-0. OTHER BUSINESS A. Proposed Library Lease Aqreement between Volusia County and city of Edqewater Councilman Hatfield asked if this could be tabled until the Mayor has a chance to look at this and see what the County Council says on this issue. City Manager McMahon spoke about searching for reasons why the City needs a lease agreement for that library. He proposed any lease agreement not be consummated until a determination of the regional site has been made. city Manager McMahon agreed to fax the necessary items to County Councilman Giorno. The proposed lease agreement did not include the criteria the City asked to have included such as the air conditioner and the parking lot, etc. City Manager McMahon commented on a letter he received today from the County Library Director saying that possibly anything we do for the air conditioning may be a matter for negotiation in the future. He suggested it would be. City Manager McMahon stated he has no problem if the Council wants to table this indefinitely. Councilman Hatfield stated he would like to see the agreement that was made by Port Orange. Councilman Hays commented on the County Library Committee. doesn't feel the County Council got the intent of what the was asking for. He expressed concern on the intent of how need to go forward with this. Page -6- He city they Council Regular Meeting April 17, 1995 ..... ""-' April 17, 1995 City Manager McMahon commented on the County setting up regional library sites in areas that would best serve the interests of all the people in the region. Councilman Hatfield made a motion to table this until the City has heard from the County, second by Councilman Mitchum. The motion CARRIED 4-0. B. Proposed safety incentive proqram City Manager McMahon outlined the safety incentive program for the Council. He commented on the money saved with workman's compensation due to safety. Char lane Runge, Safety Director, further commented on the safety incentive program. She spoke about this being done on a six- month trial basis. City Manager McMahon asked Council to keep in mind that the entire group has to perform, not just one person, for the entire group to be eligible. He feels the outside costs to the City will be easily recovered. Councilman Hays feels the program is an excellent idea. He complimented Ms. Runge for the job she has done. He feels this needs to be presented to the employees as an incentive program and not a "benefit." Councilman Hatfield commented on Mayor Hayman speaking about the money saved at the Christmas party. He spoke about the employees being less than receptive due to contract negotiations. He feels this is a great concept to put money into the employees pockets rather than putting money into claims. Councilman Mitchum feels Ms. Runge has done a wonderful job. Councilman Hatfield made a motion to go ahead with this, second by Councilman Mitchum. The motion CARRIED 4-0. C. Micro-surfacinq of six streets at cost of $13.712 Public Works Director Hugh Williams recommended approval of this. Councilman Mitchum made a motion to approve, second by Councilman Hays. The motion CARRIED 4-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments. OFFICER REPORTS Councilman Hays commented on tobacco use and underage individuals purchasing tobacco. He spoke about the amendment which was supposed to put some teeth into the laws about selling tobacco products to minors not being funded on a federal level. Councilman Hays stated in some areas, retailers are being licensed to give incentive to the retailer to card the young people. Councilman Hays commented on banning tobacco vending machines inside the city limits. He informed Council he would be formally bringing this to Council and asked for their serious consideration. Page-7- Council Regular Meeting April 17, 1995 ~ ~ Councilman Hays commented on the annual report from the Fire and Rescue Services. He requested when they are reviewing the budget for next year to look at sources for revenues to bring our Fire and Rescue Department up to standards. He feels they need to look at another facility off-site. Councilman Hays commented on a pay per bag garbage program. He spoke about the article in the FLOC magazine for this month. He also wants this presented as part of the budget for review. citv Attornev City Attorney Storey presented an update on the S & E situation. She informed council S & E is expected to begin restoring the roads this week. City Attorney Storey addressed the amount of money the City is withholding being approximately $440,000. We identified keeping back $250,000 which leaves $190,000 at issue currently. City Attorney Storey informed Council they wanted this to be addressed this evening in terms of whether the City would release any funds at this point. City Manager McMahon recommended that no money be released to S & E until certain problems are resolved and the work is complete. Councilman Mitchum and Councilman Hays do not want any money to be paid to S & E. Councilman Hatfield asked if there is any disagreement with them that they are going to do the work as we have asked up to this point. City Manager McMahon stated they have agreed to come in and start working on the problems but they have advised they consider this extra work. Councilman Mitchum thought this issue was settled. As long as they are under the assumption this is extra work, he suggested they don't do anything. City Attorney Storey explained Mr. Horan has very clearly advised S & E the work they will do is not extra work and the City will only pay up to the contract amount. She informed Council City Engineer Fegley and S & E have worked out the details of how they are to correct the problems. Councilman Hays doesn't believe that S & E is making an honest, conscious effort to work with the City to resolve the problems. City Attorney Storey stated at this point she believes he is. He was ready to come back next week but due to City Engineer Fegley going on vacation they were requested not to come. City Manager McMahon feels S & E will complete the work in a reasonable time. He justified the City is on top of this in terms of requiring them to do the work. Staff will be setting up a schedule for them to come in and do the work the way the city approved it to be done. If it is not done within a reasonable time or if they fail to meet their obligation, we still have the same recourse available that we did on the seven day notice before. Councilman Hays wouldn't consider giving them another penny until we start to see the problems being physically corrected. City Manager McMahon agreed to come back with a status report before any money is released. Page -8- Council Regular Meeting April 17, 1995 ......... ..." city Manaqer City Manager McMahon commented on the golf course facility. He informed Council it is going to take anywhere from 4 to 6 weeks to do a reliable staff review of all the facts and figures. He informed Council he would come back to them with rational options for Council to consider. He commented on these options. City Manager McMahon commented on Maglev and it having the most successful impact on Volusia County that has ever occurred if this is successful. He commented on the jobs that will become available. He feels this will change the face of this community as well as South Volusia County. city Clerk City Clerk Wadsworth had nothing at this time. ADJOURNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn, second by Councilman Hatfield. The meeting adjourned at 8:55 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting April 17, 1995