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05-06-1991 - Regular ....... ..., CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 6, 1991 MINUTES CALL TO ORDER Mayor Wessler called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays Interim City Attorney Nikki Clayton Acting City Manager Fred Munoz City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Arrived Later Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. PRESENTATION OF CERTIFICATE OF RECOGNITION TO JO ANNE SIKES FOR FOUNDERS DAY. NOVEMBER. 1990 - Mayor Wessler presented the certificate and expressed appreciation for the wonderful job. Mrs. Sikes accepted the certificate on behalf of all those who worked with her on the project, including City employees, Carol Miller from Chamber of Commerce, and 200 children participating from the school. She also thanked Council for submitting her name as Volusia County's Historian of the Year. APPROVAL OF MINUTES Regular Meeting of March 18. 1991 - Councilman Jones moved they approve the minutes of March 18. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Special Meeting/Workshop of March 25. 1991 - Councilman Hays moved they approve the special meeting and workshop. Councilman Jones seconded the motion. Motion CARRIED 5-0. Regular Meetina of April 1. 1991 - Councilman Jones moved they approve April 1, 1991. Councilman Hays seconded the motion. Motion CARRIED 5-0. Special Meeting of April 8. 1991 - Councilman Jones moved they approve April 8, 1991. Councilman Hays seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Wessler requested if it's something on the agenda they wait until that time to speak and to speak about anything else at this time. Al Keaton, 3029 Kumquat, spoke as a resident and not a real estate agent on the lack of action by Council on the 455 acres. He pointed out he'll still earn his commission no matter if it's in the City or County but held like Council to reconsider their lack of action and bring the project back to the City where it belongs. He asked what will happen to the West side of U.S. 1 south of the City if they donlt have this project. He referred to a recent newspaper article regarding stoppage of growth. Ms. Clayton arrived at the meeting at this time, 7:08 p.m. Mr. Keaton referred to some misconceptions plus the length of the meeting. He said regarding dues and memberships, these are business people and they'll set their rates and fees accordingly so they don't have a golf course sitting there with no one playing on it. He stated about 1/3 of the income to operate the City comes from taxes. He reviewed costs to provide services and stated if this project is brought into the City it will not generate the entire amount of income from real estate taxes to operate but there are other sources of income that will bring in enough to offset this. He noted the developer offered to make up the shortfall and the only question should be if it's a good project for the City. '-- ~ CITIZEN COMMENTS (Continued) Al Keaton (Continued) Mr. Keaton stated he keeps hearing mobile home parks and it's not their opinion or his to determine what type of housing is available for people living in this commun i ty, but to determi ne that the hous i ng meets a 11 the Codes. He added there's a question about whether the Comp Plan is in effect and if they're abiding by all of it. He read an excerpt regarding mobile homes and annexing this type of development and others. He pointed out the 1981 Comp Plan did not address this at all and rule 9.J5 addresses it to insure adequate sites for mobile homes. He read objectives for future housing in the land development process. He asked the effect their impact fees of $1.9 million had on the overall cost of the CIP and what would 650 additional water and sewer customers do to the rate increases that will probably pass tonight. He said they didn't address there will be $10 million in spendable income brought into this City. He stated they agreed to take one half million gallons a day of reuse to treat the golf course and they have additional lakes to store water. He said his group did not create the loop holes, other governmental entities did. Mr. Keaton said when people retire and move down here they don't want a big house to keep up, they want something easily maintained. He added there's not a market in Edgewater for a Sugar Mill type project. He said they plan to use as many contractors as possible and they estimate 15-25 jobs when complete. He said the private sector provides a major role in recreational needs and other private investors will be interested in seeking other enterprises in the City. He read excerpts from the Comp Plan regarding golf courses. He stated they need something positive to take back and they're going forward, and they didn't spend 9 months of negotiations with the City if they wanted to go to the County, but they had no alternative two weeks ago. Bob leftwichs, 2718 Travelers, referred to the number of people who play golf in a 10-hour time and said it will bring business into the City. He said he likes to play golf in New Smyrna Beach but Edgewater citizens cannot join and it's difficult to get on it. He referred to a development named Great Outdoors which is similar to this development. He said he lives within 1-1/2 miles from the proposed course and thinks it will raise the property value and he's willing to pay increased taxes. He suggested they look at real estate ads when a golf course is located near the property and recommended Council annex this property. V;ck; Freshette, South Florida Shores, referred to impact on the school system with the Country Estates Subdivision and the 650 units for the golf course community. She said this will attract commercial industries and the impact will be increased revenue. She said Surrey Ridge on Roberts Road next to the Indian River School will have a large impact on taxes also. She asked if they can place 200 students into the already overburdened school capacity. She stated the City must take a stand against it. She referred to the education cut back. She asked Council to take proper growth management steps. She said she'd like to maintain or better education and cannot see increasing class sizes. Henry Dard;nsk;, 2704 Sabal Palm, stated mobile homes pay $16 a year for tags. Councilperson Martin stated it's $80 while the City gets $40 and others pay ad valorem. Mr. Dardinski said when they buy the mobile homes the sales tax goes mostly to the State. He said held like to see a golf course but with all the other problems this should be the least of the problems. He suggested they get their priorities straight with golf the least of their priorities. He said if they were going to build homes or condos, that would be fine, but he doesn't think Edgewater has a future when they look down U.S. 1 and you see nothing but mobile homes. He said they should have more determination about what's being built in this City and they're not being given the entire picture. He suggested they put this on the back burner. John McGreaor, 303 Cherrywood Lane, stated they've successfully solved a murder and he's concerned if this had not been solved if the insurance company had to payout $3 million. He asked if they'll get reimbursed some of the expenses since it's been solved. Chief Schumaker replied in a criminal investigation you submit to the State Attorney the costs involved and in some instances the costs are able to be recouped. He added they have received funds from these investigations and he doesn't know whether or not this will qualify for funds. He said this will be tried as a capital case and whether they'll recoup is doubtful. He added it was about 600 manhours and they interviewed in 7 different states and 5 were overnight interviews but it's a cost of doing business in this profession. 2 Council Regular Meeting May 6, 1991 '-'" ...." CITIZEN COMMENTS (Continued) Doris Hill, Lincoln Road, stated the cost to the City of a new subdivision is practically nothing, they put in the sewer and water lines and roads and sidewalks and when it's finished the City takes over at no cost to taxpayers. Councilperson Gillespie noted they have to extend the lines to reach them. Mayor Wessler pointed out the costs in the development are theirs. Mrs. Hill stated if they don't accept th i s proposa 1, they can say it's the end of growth in Edgewater to the South and that's where the City should grow. She said they want taxes and water and sewer bills to come down and they only way is by growth. She added she'd lived in a mobile home and they've changed with manufactured homes and they won't blow away with a cyclone or tornado any more than a 2-story building. She stated Edgewater is almost as big as New Smyrna Beach and we don't have a golf course and this is a chance to get one at very little cost to taxpayers and it's not fair not to have that opportunity. Roaer Miracle, 2121 Willow Oak, stated when people disagree with you they all moan instead of allowing the right to say what you think. He said he may not agree but he agrees they have the right to say it so they should conduct themselves in a manner that speaks well of a community and not a kindergarten class. He stated he's for the golf course. Mayor Wessler asked Council's input on Mr. Keaton's request. Councilperson Gillespie stated she gave everyone an information sheet and spent 5 days and over 100 hours on this. She said she thought the packet came in in very poor shape and she called the tax assessor's office about the taxes and found a lot of them are belly up. She said she has no problem with bringing it back but they need to iron out problems with annexation. She said in the annexation law the refuse must be addressed and Tomoka was never contacted. She said they need to check the legalities of the proposed projects. She added they were supposed to contact the School Board and they have an excess of 321 people in the school now. 14 Georae Ewi na ca 11 ed a po i nt of order.r Councilman Hays stated if they bring it back he'd want to look at the surrounding areas because they create one or two enclaves and that should be considered. He said the impact is more than just with Mr. Keaton and his client, it's other citizens that live around it, and it's more than a golf course and whether they 1 ike that type of bui lding construction or not. He said he thinks it was a shoddy presentation to begin with and they need to look at the entire packet and look at impact on fire and police services. He noted they proposed a lot to build another fire station but we own one at the end of Mango so that's no big deal. He suggested it might be time to negotiate. Councilperson Martin stated the problem is these manufactured homes are being put on rented property and they'll not get ad valorem taxes on the homes which the City needs. Councilman Jones stated they've been negotiating for about 9 months and they went over figures for police and fire protection but he doesn't have a problem with going over it again. He said he wants to be sure the City gives a fair deal but the developer said if there's additional cost they'll pay it for 5 years and they'll not stick their necks out if they think they'll have a shortfall. He pointed out the utility and impact fees are paid by the developer and Edgewater citizens will not pay for it. He added they'll have lines there because of the CIP and perhaps the developer wi 11 pay for that also and maybe they cou 1 d negotiate it. He said he doesn't see how a golf course would harm our community and he hasn't heard from people living next to the golf course but perhaps they think it will increase the value of their property. After discussion, it was agreed to put it on the agenda for the 13th. Alice Murphy, 230 N. Riverside Drive, referred to concern with the widow who burned to death more than for the dentist's murder. She said Councilman Jones stated the CIP was designed to bring in industry and stormwater was done because of Wildwood which was built in a swamp. She added Council inherited a lot of woes because of the way homes were built on the East side. She asked why they need a bike path on Riverside and Park Avenue. She suggested they put the bike path on the West side of U.S. 1 leading to the shopping center. She added there's too much going on and they won't be able to control all of it. 3 Council Regular Meeting May 6, 1991 --... ...", CITIZEN COMMENTS (Continued) Andy Anderson, 1730 Pine Tree, asked the number of golfers in the group and after a show of hands he said this doesn't represent a very large group. He said a golf course won1t bring business or industry nor will mobile homes with $80 a year tax with $40 going to the State. He added revenues wi 11 come from homeowners that pay $800-$1,000 a year. CONSENT AGENDA American Leaion1s request for $275 contribution to purchase flaas for araves on Memorial Day - Councilperson Gillespie moved they accept the consent agenda. Councilman Hays seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Mr. Moraan. S. Florida Natural Gas Company. re: proposed rate increases Mr. Morgan stated Councilperson Gillespie talked with him about the rate increases and invited him to speak. He noted the rate increases are regulated by the State Public Service Commission and they held a public hearing in New Smyrna Beach, sent letters to all their customers, advertised in the newspapers, and sent copies to the libraries. He said they've been working with interim rates since February 15th and their rates haven't changed since about 1985. He said the survey for those who might be interested doesn1t indicate they could commit to callers in the Florida Shores area but they're working on an area on the West side of the railroad tracks. He reviewed energy savings with natural gas and equipment given to new customers. He suggested they look at the area of debt financing. Councilperson Gillespie thanked him for coming and advised she asked for a survey because several people asked her about natural gas and she'd told them it had to be cost effective. Recommendation to declare lowest bid irreaular and award bid to reroof City Hall and Police station roofs to R & R Industries for $20.915- Councilperson Gillespie moved they accept the recommendation of City Engineer Gates Castle and award the bid to reroof City Hall, which includes the Police station and Planning, to R & R Industries for $20,915. Councilperson Martin seconded the motion. Councilman Hays asked if funding is to be as stated in the packet. Ms. Clayton suggested they ask if a bidder is present to address it. No one came forward. Motion CARRIED 5-0. Recommendation to accept bid from Martin Pavina Company for $82.076 to resurface Silver Ridae Subdivision: Edaewater Dr. from Eaton Rd. South to 18th St. Canal: Riverside Dr. from SR 442 South to U.S. 1: and Riverside Dr. from Park Ave. North to City limits - Councilman Hays moved they accept the bid from Martin Paving in the amount of $82,076 as funded in the budget. Councilman Jones seconded the motion. Councilperson Gillespie asked if all streets are sewered before they pave them. Utilities Director Terry Wadsworth indicated they are all sewered. Motion CARRIED 5-0. ' Kenneth Groaan re: drainaae easement problems - Kenneth Groaan, 3303 Umbrella Tree, stated he has a 25 foot easement behind his home which is maintained by the City and they1ve had problems with it. All Council members indicated they'd seen it. Mayor Wessler pointed out it would be $960 to correct it and it would be setting a precedent. Councilman Hays stated he showed Mr. Grogan how held corrected the problem at his house as he lives on the same street and same canal. He said when he bought his house on the canal he knew it was there and so did Mr. Grogan. He added they could set a precedent if they assume all responsibility for it but there could be some medium ground. Councilman Jones said when he put the fence up he could work on both sides and now it1s to the fence and water runoff is a contributing factor but theyhaven1t had a lot of rain in the 4 years this has been ongoing. He said he feels it's the back hoe getting too close and they need to address when they're cleaning it or if it's Mosquito Control they need to take care of it. Councilperson Martin said she feels it's more than runoff because of the way itls breaking off and feels they're somewhat responsible for that. Councilperson Gillespie said he1s willing to put anchors on the fence along the inside if the City would put something on the outside. Councilman Jones referred to the $3.00 charge for storrnwater for maintaining these drainage easements and said the City hasn't been maintaining this drainage easement adequate ly or they wou 1 dn I t have exceeded or encroached on his property. He added lateral support isn1t there. 4 Council Regular Meeting May 6, 1991 ..,. ,.""", NEW BUSINESS (Continued) Kenneth Grogan re: drainage easement problems (Continued) Councilman Hays asked how the City can assist. After discussion, it was agreed that fill would be needed on the outside of the easement. Ms. Clayton suggested input from Gates Castle and Carl Overstreet. City Engineer Gates Castle said he was brought into it later by the people who constructed the fence and he looked at it and the trees are substantial that are still standing there. He said it's not apparent that they dredge clear to his property line and there's no evidence the back hoe eroded from the canal side. Councilman Jones said he can see it eroding with the way the back hoe works and he moved they take care of this gentleman's problem with the $960 in manhours. Councilman Hays said to assist in the fill and backfill if the funds are to come from stormwater, he seconded the motion. Mr. Munoz indicated yes. Motion CARRIED 4-1. Councilperson Gillespie voted NO. Mayor Wessler called a recess at 8:16 p.m. and called the meeting back to order at 8:25 p.m. Review of combining Fire and Building Departments at end of one year - Mayor Wessler stated one year ago Council voted to put Fire and Building together and now they'll decide what to do with it. Councilman Hays moved they TABLE this pending whether or not they use the internal management audit and to what extent. He added that type of information will help them make that determination. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Concerns of Shangri-La Vi llage Homeowners Association - Robert Switzer, 326 Shangri-La Circle, President of the Association, asked that Frank Ferguson speak on the issues. Frank Ferguson, 336 Shangri-La Circle, reviewed the list of questions and answers (See attached). Planning and Zoning Director Mark Karet explained when streets are dedicated to the City the City receives title and they're public thoroughfares but responsibility for maintenance is something the City actively accepts prior to their being maintained by the City. Ms. Clayton reviewed the practice of the acceptance process. She pointed out City staff has indicated most of these issues are addressed in the capital improvements program. Mr. Ferguson reviewed his prior contacts with Council and showed his accumulation of letters and documents. He stated he has never been able to find a complete set of plans signed by the contractor, the engineer, or accepted by the City. Ms. Clayton suggested this isn't the correct forum to get into the technical aspects and suggested City staff go over the issues and set a meeting with him and representatives of the subdivision with technical knowledge, City staff, and perhaps a Council member to conduct the meeting. Mr. Ferguson asked where permission came from for Dustin's Restaurant to be before the City Council and LDRA with discussion of one or two driveways. Ms. Clayton stated they presented the DOT permit to staff and without the second cut they'll not get a cut on U.S. 1 and the site plan was reviewed and they've been held up by the City without legal justification and have sued the City. She said her firm will have to prepare a response to the brief and submit it to the 11th Circuit by the end of this week in order to present the City's defenses. She briefly reviewed research done and stated they have an offer from Dustin's Barbecue developer to enter into a settlement agreement in regarding to an obligation of the City without regard to the overlap of citizens' concerns next door if they satisfy themselves they're public streets and staff has said that all along. She noted they have a double exposure with her firm preparing a brief and exposing themselves to the liability and day by day taking of this property. She said she discussed handling a settlement agreement with the attorney for the other side. She added people in Shangri-La should understand Council's position and they have to deal with it as it stands and with the issue of Dustin's as it stands and they cannot hold up one for the other. She referred to the risk of the City's liability to pay Dustin's developers for their wrongful action if that's the case. Mr. Ferguson stated they put improvements in and at the City's request they took out liability insurance and have been carrying it on the streets and commons area. He referred to a similar suit Attorney Peterson had told them about. There was discuss i on regard i ng the i nformat i on on the plat and the expenses incurred by the Homeowners in maintaining the front entrance. There was discussion about a meeting date and time and it was agreed to meet at 4:30 p.m. on Thursday, the 9th. 5 Council Regular Meeting May 6, 1991 .... .."", NEW BUSINESS (Continued) Concerns of Shangri-La Village Homeowners Association (Continued) Councilperson Gillespie reviewed Council's direction at budget hearings to Carl Overstreet to take care of the drainage problem on Park that will assist Shangri- La and the Boyce property. She said they have to give the department the go ahead to get it done because there's a missing link for realignment of the pipes at Old County Road. Mayor Wessler asked if it will relieve Shangri-La and Councilperson Gillespie replied yes. Ms. Clayton asked if it's part of the CIP. Council person Gillespie replied no. Ron Ferland, Dyer, Riddle, Mills & Precourt, Inc., stated it's in the Stormwater Master Plan and the canal the Shangri-La retention basin is supposed to empty into is kept at a high water level and the canal has some type of obstruction and they recommended to pipe around that area and come back on Snider to bring the water level of that canal down and then Shangri-La will come down also. He added it takes care of other than Shangri- La. Councilperson Gillespie stated stormwater was removed from the CIP with the $3.00 fee. There was discussion regarding the official engineering plans for the project. Counci lman Hays stated some of the problems go back to not enforcing codes at that time and releasing the bond before it was corrected. He asked if they have to do something about its being a public or private road. Councilperson Gillespie said it was recorded. Planning and Zoning Director Mark Karet stated they have title to the street and it's unfortunate the Homeowners were told by two City Managers they were not public streets. Accepting for maintenance was discussed and it was agreed to bring a recommendation back for Monday's agenda, the 13th. Mr. Ferguson stated Council has a petition signed by about 90% of the Homeowners regarding the extension of Village Court and held requested a vacating. He said Mrs. Bennington brought it up and it was never acted on and he'd like to know their decision. He referred to a design held like the City to submit to DOT to satisfy the City and to eliminate traffic problems. He stated the residents in Shangri-La are not fighting Dustin's Restaurant coming in, but they oppose the entrance coming in on Shangri-La Drive and it's because of safety. Mr. Ferguson said he doesn't know who released the bond but it was returned to Mr. Coleman before they had final inspection on anything except sanitary sewers. Ms. Clayton reviewed the settlement agreement again and there was discussion regarding going to LDRA and then back to Council. Mayor Wessler stated she talked with Mark Karet about this and it is scheduled on the Thursday agenda of LDRA. Councilperson Gillespie said it was recommended by LDRA before and she agrees if LDRA will make a final decision if thatls not calling it too close. Ms. Clayton sa i d they can take the risk by ca 11 i ng for no response at 11 th Circuit and they have to prepare a brief. Councilman Hays said contention is having access on Shangri-La Drive and the site plan is okay with LDRA and whether they have the right to put a driveway or entrance off Shangr i -La Dr i ve in add i t i on to one on U. S. 1. Ms. Clayton explained they were asked to bring back additional information from DOT and that wasn't available in regard to traffic counts but they brought a conditional permit from DOT that says they could have a cut on U.S. 1 only if they have a cut for second access on Shangri-La Drive. Councilperson Gillespie pointed out if they don't approve, they Ire tak i ng away the man I sri ght to deve 1 op his property when they granted his site plan. Mr. Ferguson asked how the State has the authority to say after they committed themselves that they already gave them ingress and egress on the north corner. Ms. Clayton explained she doesn't know the details but there was a traffic study and staff reviewed it. Mr. Ferguson asked that Ron Ferland be present at the meeting with a design for the stormwater drainage system. Mayor Wessler stated the 4:30 meeting is drainage and utility problems at Shangri-La and Dustinls is separate. Mr. Ferguson said Dustinls has a lot to do with their problems and if the restaurant is built they're going to turn it all (stormwater) towards them. Ms. Clayton said she understands the design of the restaurant provide stormwater will not effect Shangri-La unless everyone is flooded. Councilman Jones asked for more information on this federal litigation. Ms. Clayton said this is a settlement agreement where all 1 itigation would be dismissed and it involves the attorney for the plaintiff, Marwin's, filing a stipulation and the matters will be resolved. Councilman Jones requested a briefing on the 13th. 6 Council Regular Meeting May 6, 1991 ......,.. ...... NEW BUSINESS (Continued) Concerns of Shanari-La Vi11aae Homeowners Association (Continued) Ms. Clayton stated she needs a motion to accept settlement and recognize the site plan has been approved subject to input from DOT and that DOT provided an adequate substitution which was a conditional permit conditioned on the Shangri- La access. Councilperson Martin so moved. Councilperson Gillespie seconded the motion. Mayor Wessler stated normally this goes back to LDRA and this is not the course staff asked them to take. Motion CARRIED 3-2. Mayor Wessler and Councilman Jones voted NO. Dominick Fazzone, member of LDRA and resident of Shangri-La, said he was the first President of the Association and he agrees with the Mayor that this should have gone back to LDRA for disposition because they gave them approval based on the traffic and there's a problem with safety with going into Shangri-La. He said they've been intimidated by attorneys more than once and when they went to court the judge threw it out with prejudice. He said the attorney should be able to have the opposing attorney hold off until LDRA can dispose of it and he takes offense at what they're doing. Mayor Wessler called a break at 9:20 p.m. and called the meeting back to order at 9:30 p.m. Uti lity bi1lina for winter residents/vacant property owners - Mayor Wess ler stated they got comparisons from other cities and a lot charge a one time disconnect and reconnect but that's not the suggestion of Mr. Munoz. Mr. Munoz stated they have major projects coming on with the water and wastewater plants and there's a big fixed component to these and they don't know how many residents go North in the summer or the financial impact. He pointed out any money they give up by reducing the fixed monthly minimum bill will have to be made up by other residents. He suggested until they know the financial impact they shouldn1t reduce the water and sewer minimum bills and they may be able to adjust the trash they pay whether here or not. He explained when a customer leaves the area our manning level doesn't change so we have fixed costs and the customer base has to share this and they've committed a certain amount of water and sewer capacity and when that individual leaves that capacity is still available to him and they can1t take that capacity and sell it to someone else. Councilperson Gillespie stated if they take it out they have to make it up somewhere else and it's only $9.50 with 50 cents for buying the equipment. Councilperson Martin agreed being charged for picking up refuse is the most aggravating. Mr. Munoz recommended 65% of the present bill which would be $6.50, $6.00 for service and $.50 for equipment, versus $10.00 as a break on refuse which would have to be done by ordinance with a fee schedule. Councilperson Gillespie asked if that will be cost effective. Mr. Munoz replied he believes so and they could do something else with recycling also. He recommended they not change water and sewer or storm-water and possible have a break on recycling and refuse reducing to 65%, or $6.50. Councilperson Gillespie moved they adjust the trash to $6.50, 50 cents of which would be an equipment charge, and recycling to $1.00 for those residents when they live here that are partial residents. Councilperson Martin seconded the motion. Cliff Clark, 1818 Evergreen, stated he's had vacant property for 6 years and has paid minimum bills with no services and has asked for relief but gets the answer they have an obligation. He asked for more relief than $6.00. He said he got an exemption on recycling and takes it to Guava Drive and it's donated to them. Monty McMullen, Edgewater Landing, asked when this would be implemented as most of his neighbors are going North and do they need to apply. Mayor Wessler replied it would start this year but they'd have to change the ordinance. Councilman Hays asked if they'd figure it in the next fiscal budget. Mr. Munoz replied yes. Councilperson Gillespie agreed to make it with the new budget. Mike Dewar, 1911 Kumquat, asked where they'll make up the reduced revenue. Mr. Munoz replied when they look at revenue requirements in the refuse department they may have to raise rates because that revenue has to be made up at some point. He said they're looking at reducing the cushion of the fund balance to maintain the rates where they are but that will be a one time shot. Council- person Gillespie said since enterprise cannot make a profit they may be able to absorb it in his fund. She asked if they'll know by October. Mr. Munoz replied yes, and now they're just approving the recommendation. Councilman Hays said they don't have an accurate number on winter residents and what percentage and 7 Council Regular Meeting May 6, 1991 ..... ..... NEW BUSINESS (Continued) Utility billing for winter residents/vacant property owners (Continued) held like to know the impact and that's a substantial number, held like to know why it doesn't impact FTE in that area. Councilperson Martin explained they're not p 1 ann i ng to pena 1 i ze permanent res i dents. Counc i lman Jones agreed they don't want existing residents to pay that extra money for someone to go up North and live up there, it's not fair, and he won't vote to burden taxpayers who live here year round. Councilperson Gillespie stated Mr. Munoz felt it was logical to reduce that fund and it will give back to those people the cushion that's been built up over the years. Council person Gillespie withdrew her motion and Councilperson Martin withdrew her second. Councilman Jones moved they TABLE for further study. Councilperson Gillespie seconded the motion. Phillip Smith, 128 Parkwood Lane, stated they appear to resent winter residents and he pays $600 a year taxes because he cannot claim homestead. He said New Smyrna Beach is possibly going to private trash collection and he pays $42 every 3 months in New York and when not there he disconnects. He said he can't see how they can have the same trash force all summer when residents aren't here. Public Works Director Carl Overstreet explained summer is the highest growing season for trees and bushes and he doesn't feel as a citizen this is fair to him and it should stay the way it is. Councilman Hays asked if the reduction in FTE requirements in summer are taken up by necessity of refuse pick up or the lack of. Mr. Overstreet said it's heavier in the summer regardless of how many go away and there's more work because of yard clippings and brush. He pointed out it's still the same distance around the City and takes just as much gas to stop or not. Motion to table CARRIED 5-0. Mayor Wessler asked to move train horns up and no Council member objected. Review of ban on train horns/whistles between hours of 10 p.m. and 6.a.m. within City limits - Councilman Hays requested the Police Chief's input on increased accidents and his feelings regarding risk. Chief Schumaker replied the department has realized no accidents with or without horns blowing at crossings guarded by an automatic gate and the accidents on the tracks were pedestrians and had nothing to do with crossings that could be ascertained. He said he'd feel more comfortable if traveling in a vehicle if he could rely on a horn blowing to allow him to know the train may be coming if the gates should mal- function, which they don't do often, but do at times. Councilman Jones said most crossings with gates have flashing red lights and flash even if an arm is broken. He said people living near the tracks hear the horns and it gets annoying but they get used to it after awhile. He said he'd hate to see it change. Councilman Hays moved they instruct the Interim City Attorney to prepare an ordinance to rescind the ban on train whistles between 10 and 6 within the City limits. Councilperson Gillespie seconded the motion. Warren Fisher, 1720 Juniper, noted they have arm guards and ringing bells but someone got killed at Volco Road. He added someone who gets hurt during those hours is usually drunk or on drugs and no safety precaution will prevent that. Dick Jackson, 2804-22nd Street, stated he had 60 names on a petition and they don't want horns blowing and not one person wanted them blowing at night. He added Daytona Beach and New Smyrna Beach turned it down. Henry Dardinski, 2704 Sabal Palm, stated it would only take one accident with a car load of people being killed and they'd have a suit. He said they don't have a choice and are taking a risk by not having those whistles. Al Keaton, 3029 Kumquat, said he lives beside the tracks and they don't bother him. He referred to an accident years ago. Motion to prepare the ordinance CARRIED 3-2. Councilman Jones and Councilperson Martin voted NO. Acceptance of Volusia CitY-Council Water Supply Cooperative Master Plan Councilperson Gillespie stated she asked Ms. Clayton to review the bonding. Ms. Clayton said the bonding provision is needed and they'd issue bonds to fund part of this Master Plan and it may have some financial impact on the City. Mayor Wessler explained this doesn't include Edgewater and they just need members to 8 Council Regular Meeting May 6, 1991 ...... ......, NEW BUSINESS (Continued) Acceptance of Volusia CitY-Council Water Supply Cooperative Master Plan (Continued) accept it. Councilperson Gillespie asked if it will affect them fiscally at this stage. Mayor Wessler said the second plan will include Edgewater. Councilperson Gillespie asked if they will have to vote on the second plan. Mayor Wessler replied yes. Ms. Clayton suggested they look at adoption of the Master Plan as an observation of the City that it's something they want to support and they recognize the City's a newly arrived member and in terms of funding as it would effect Edgewater and any responsibility Edgewater has for debt issued by the Cooperative the agreement will govern. She added the Inter- local Agreement says they could opt out at any time before they issue bonds. Councilperson Gillespie said they want to protect the City because of entering into bonding and she doesn't want anything to disrupt them legally. Ms. Clayton explained the Master Plan and Interlocal Agreement contemplate the City will use wholesale water to be supplied by the Cooperative when it's built. Mayor Wessler noted it's a long way off. Ms. Clayton suggested the City stay tuned to what the Cooperative's doing because they want to assure provision of water to coast cities and then will sell the City wholesale water and the City will then retail so the City will have a back up of the municipal supply and will interconnect with all coastal cities. She added there will be discussions about funding the Master Plan and the City has to follow its effect on their program of water development because it's intended to benefit the City. Mayor Wessler said it's good benefit and they have monthly meetings which Council is invited to attend. Councilman Jones moved they accept the City Manager's recommendation, alternative 1. Councilperson Martin seconded the motion. Motion CARRIED 4-1. Councilman Hays voted NO. Review of stormwater charges related to vacant/undeveloped land - Councilperson Gillespie stated they should go with the public input which has been the charge be added to vacant land and it was the recommendation of the Citizens Council Advisory Committee. She said they should pro rate it and other cities charge $1.00 and it's on an annual rate for vacant land and she so moved on an annual basis one charge and not on the tax rolls. Councilman Hays seconded the motion, and requested detail on the two options. Ron Ferland, Dyer, Riddle, Mills & Precourt, Inc., explained there is a gross parcel method and impervious parcel method and impervious was selected because they could put it on the water bills as the method of collection. He explained the calculation process. He pointed out they need a method for undeveloped parcels for the $1.00. He said the two methods are in the stormwater report and it's a bas i s of measurement. He po i nted out if they go with undeveloped parcels normally it goes with the tax bills and if you don't pay it, they're back to a lien requirement. He added if you bill vacant parcels like developed the collection method is unsure because you can't discontinue service or shut off water. Councilperson Gillespie suggested it be done like land clearing with a bill sent and it's by ordinance. City Clerk Susan Wadsworth pointed out they put a lien on the property with that method. Mr. Ferland noted the formula's in the report and could be applied to undeveloped parcels but collection is the problem. Mr. Munoz pointed out dirty pollutants come from developed lots with lawn fertilizers, changing oil in driveways, etc. Councilperson Gillespie said this wasn't a pollution matter originally and rain falls on every lot. There was discussion regarding legal requirements for storm- water and if they should have exemptions. Mr. Ferland agreed they could set up a special system for vacant property and to be in the City's billing system. Councilperson Gillespie moved to amend it to be based on gross parcel method on an annual bill. Councilman Hays seconded the amendment. Councilperson Gillespie restated her motion that they charge vacant parcels within the City on the gross parcel method a compatible charge to the $3.00 charged to the standard homeowners collectible annually by City administration. Councilman Hays seconded the motion. Councilman Jones asked if they'll have to set up additional personnel. Councilperson Gillespie replied it will be the same as the weed ordinance. Mr. Munoz pointed out they'll have to identity all vacant land and determine what the gross parcel method is and whether at the beginning or end of the year. Councilperson Gillespie suggested January, the same as decals. Councilman Jones said held like more research to find out the bottom line for expenditures as it might not be cost effective. Councilperson Gillespie amended her motion to be cost effective at that rate. Councilman Hays agreed if it's cost effective they'd proceed with billing and if not, then revisit it because he doesn't feel it's fair for residents to be the only ones paying the fee since it was mandated and he seconded the amendment. 9 Council Regular Meeting May 6, 1991 '--' .... NEW BUSINESS (Continued) Review of stormwater charaes related to vacant/undeveloped land (Continued) Mr. Overstreet asked why they couldn't have a stormwater impact fee for the first year for 5 years and then after that have the impact fee when they develop the lot. Mr. Stan Livengood, Raymond James & Associates, replied they cannot use impact fees for operating costs. Georae Ewina, Royal Palm, disagreed with Mr. Ferland's calculations because there could be a difference of square feet involved that would change the amount of runoff. He suggested they charge a flat fee for a developed lot of $1.50 and also to undeveloped, or make it $1.00 or $1.50 for undeveloped and residents would pay $2.00. Phillip Fona, property owner in Edgewater, disagreed with assessing across the board for developed versus undeveloped because there are a lot of other costs involved before you develop and they'll turn away people who look to invest in the area. Councilman Hays explained therels a difference between undeveloped land and platted parcels that have street lights and fire hydrants and these were platted land in Florida Shores with services provided. Motion CARRIED 3-2. Mayor Wessler and Councilperson Martin voted NO. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readina: Ord. 91-0-3 Amendina Chapter 19. Utilities and Services. CityWide residential recyclina fee. to $1.00 per month with no exemptions - Mayor Wessler read the Ordinance. ORD. 91-0-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 19, "UTILITIES AND SERVICES" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY DECREASING THE CITYWIDE RESIDENTIAL RECYCLING FEE FROM ONE DOLLAR AND SIXTY CENTS ($1.60) TO ONE DOLLAR ($1.00) PER MONTH; DELETING THE EXEMPTION PROCEDURE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilperson Martin moved to accept it. Councilperson Gillespie seconded for discussion, and said she's received many calls about reducing it because the County said they'll go up 39% on tipping fees and weill lose what they gain. She said she also got that from the Citizens Council Advisory Committee that they'd go up in October. Councilperson Martin pointed out by recovering exempted people would make up funds needed because people who turned in their baskets will be charged $1.00 the same as others. Mayor Wessler stated that will be a savings on the tonnage and $1.00 will include plastics. Duke Southard added it's also corrugated card- board. Mr. Munoz reviewed calculations on why lost revenues of 60 cents per customer will be recovered by landfill savings. There was discussion regarding possibility of increased tipping fees and the small amount taken to recyclers. John F. Murphy, Persimmon Place, asked if he's included in the 600 exemptions. Mr. Munoz replied itls for people with current exemptions. Mr. Murphy said he has snakes and rats in the canal and pays $150 a month maintenance to keep it cleaned out. Mayor Wessler requested Mr. Overstreet talk with him the next day. Mary Voael, Friendly Shores, requested an exclusion for their park because all but 3 who will be handing in an exemption form are fully participating through the efforts of Mr. Perkins who collects for the Cystic Fibrosis fund and through their churches. She reviewed costs with buying their park, license fees, and trash pick up, with 17 gone 6 months and 27 there year round. Mary Rosendale, 1807 Queen Palm, stated she has receipts for what she recycled which nobody's requested. Mayor Wessler explained nobody was accusing anyone. Ms. Rosendale said if one group gets an exemption then others should because they can prove they do it. Councilman Hays said he's glad they included plastics and corrugated cardboard but until they can provide recycling for all items they need to give exemptions for people who collect aluminum and newspapers and take them to their church. He said the problem isn't people who recycle but people will not and theylre putting items in his trash and it keeps tipping fees up. Motion CARRIED 3-2. Councilperson Gillespie and Councilman Hays voted NO. Councilperson Gillespie said they should come up with a solution for those people who throw recyclable in their garbage. Mayor Wessler said she'd asked Mr. Hutchins to look at it. Councilman Jones stated a lot of people don't know 10 Council Regular Meeting May 6, 1991 '-' ......" ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Ord. 91-0-3 (Continued) what's supposed to be placed in the bins and they need an educational program. He asked when plastics take effect. Mr. Southard replied June 1st. Mayor Wessler said the first billing is June 28th and she suggested Mr. Southard set a workshop with Mr. Overstreet and Mr. Hutchins. Res. 91-R-19 Extending maturity date of $4.7 million dollar bond anticipation notes to September 3. 1991 - Mayor Wessler read the Resolution. RES. 91-R-19 - A RESOLUTION EXTENDING THE MATURITY OF THE CITY'S OUTSTANDING $4,700,000 WATER AND SEWER REVENUE BOND ANTICIPATION NOTES, SERIES 1990, FROM JUNE 3, 1991 TO SEPTEMBER 3, 1991; AMENDING RESOLUTION NO. 90-R-35 OF THE CITY RELATING TO SUCH NOTES FOR THE FOREGOING PURPOSE; PROVIDING AN EFFECTIVE DATE. Councilperson Gillespie moved they accept 91-R-19. Councilman Hays seconded the motion. Motion CARRIED 5-0. Res. 91-R-20 Authorizing transfer of funds to State Board of Administration to obtain higher yields - Mayor Wessler read the Resolution. RES. 91-R-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING TRANSMITTAL OF FUNDS TO STATE BOARD OF ADMINISTRATION TO RETURN HIGHEST YIELD; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilperson Gillespie moved they adopt 91-R-20 as stated. Councilman Jones seconded the motion. Motion CARRIED 5-0. Res. 91-R-21 Authorizing appropriate City officials to execute contract with Southard Enterprises. Inc. for curbside collection of recyclable materials for term to end September 30. 1993 - Mayor Wessler read the Resolution. RES. 91-R- n. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A CONTRACT BETWEEN THE CITY OF EDGEWA TER , FLOR I DA, AND SOUTHARD ENTERPR I SES , I NC . TO PROV I DE CURBS I DE COLLECTI ON OF RECYCLABLE MATER IALS FOR A TERM TO END SEPTEMBER 30, 1993; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Jones moved they accept the City Manager's recommendation, alternative 1. Councilperson Martin seconded the motion. Councilperson Gillespie requested they change the last packet from Mr. Alvarez's name. Councilman Hays expressed concern because this exceeds their terms of office and requested they adjust it to 1992 instead of 1993. Mayor Wessler pointed out Mr. Southard could come back in 1992 with a rate increase and this would freeze the rate. Duke Southard, Wildwood, reviewed the prior cut back to a 1 year contract to see if they could do the job and said there are ways to get rid of them if they don't do the job and it shouldn't have anything to do with who's on City Council. He explained his contract was purchased on a 3-year contract and he gave this price to be sure it's paid for. Motion CARRIED 5-0. Second Reading: (Public Hearing) Ord. 91-0-2 Providing scheduled increases in water and wastewater rates for the next five years beginning June 1. 1991. through October 1. 1994: increase in wastewater im act fee from 1 000.00 to 1 425.00 er e uivalent residential unit. increase in customer de osits from 30.00 for combined services to 45.00 each (Total $90.00 combined utility services) applicable to new residential customers. and non-residential customers to be two times average monthly bill (Rewritten from Ord. 90-0-40) Mayor Wessler requested a motion to open the public hearing. Councilperson Gillespie so moved. Councilman Hays seconded the motion. Motion CARRIED 5-0. Dominick Fazzone, 302 Paradise Lane, congratulated Council as it's been 4 years and things are finally coming to pass. He said he's happy about this and the City will move into the 21st century. Michael Dewar, 1911 Kumquat, asked what they'll get for these increases and if it will help pay for sewers he has and inferior water. Mayor Wessler replied it's for the new water and wastewater plants and he won't pay for sewers. Mr. Dewar asked if the rates will go down in 5 years. Mayor Wessler replied no. Phillip Fong, property owner in Edgewater, supported the ordinance and said the City cannot afford not to plan ahead and capital improvements are desperately needed and fund i ngs for these improvements are too good a dea 1 not to take advantage. He said benefits of capital improvements will far exceed cost. Councilperson Gillespie moved to close the public hearing. Councilperson Martin seconded the motion. Motion CARRIED 5-0. 11 Council Regular Meeting May 6, 1991 ~ """'" ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second Readina: (Public Hearina) Ord. 91-0-2 (Continued) Counci1person Gillespie moved they accept second reading of 91-0-2. Counci1- person Martin seconded the motion. Motion CARRIED 5-0. Ron Ferland, Dyer, Riddle, Mills & Precourt, Inc., requested Council's authorization to proceed with the letting of bids for the water treatment plant, wellfield expansion, and water transmission mains sometime in early June and have bid opening in early July. Counci1person Gillespie asked about the Wild Life Commission Study with a certified biologist. Mr. Ferland said yes. No Council member objected to his request. Unfinished Business Decision on manaaement audit as presented by Robert Sheets of David M. Griffith & Associates - Counci1person Gillespie moved they accept the management audit at a cost of $30,400. Councilman Hays seconded the motion. Councilman Jones said the firm will check everything out and give them a recommendation and he hopes it will be cost effective but he cannot see spending $30,400 when they had an audit and the Cody report on employees. He said he'd like to look at a certain area for their expertise. Counci1person Gillespie noted it's a different kind of audit, it's management, and it will be an excellent guideline for the new City Manager. She referred to matters she's found that were done wrong and she hopes an outside consultant will say if they do it a certain way it would benefit them in the long run. Councilman Jones stated the new City Manager will have a certain amount of expertise and administrative ability to run it in a manner that's cost effective and they're saying they don't have confidence in the staff. He suggested they wait until they hire a City Manager and get one with those abil ities and go with that as that's what they pay them for. Counci1person Martin agreed they should have a City-wide audit of management and not pick and choose and discriminate and put one department against another. Doris Hill, 112 Lincoln Road, stated she sees no need to spend $30,400 and finally the City looks like it's going in the right direction and things are going properly and to spend $30,400 is nonsense. Joe Martin, Lot 15 Cherokee Ridge, asked why they're so quick to hire outside people when the same guidance can be obtained from employees. He said the audit report would save the new City Manager considerable time in learning how the City operates but he may want to do his own audit. He asked if they'll tell the new City Manager he has to act on a recommendation of a consultant's audit as opposed to his own since they just spent $30,400. He noted that could be interpreted as a vote of no confidence for a new City Manager. He suggested they table it until they hire a new City Manager because it would make for better working relationships between the new City Manager and Council. Henry Dardinski, 2704 Sabal Palm, referred to audits performed by outside firms when he worked for an insurance company which he felt were a complete waste of time. He suggested the Acting City Manager request reports this firm has done for other cities and then call and ask those cities if it was worth the money and if it improved running of the City prior to Council's making a decision. Mr. Munoz reviewed the presentations made by this firm at the GFOA meetings and Vo1usia Council of Governments went out for a firm to do this type of work and Daytona Beach is using this firm. He said when they finish the revenue enhance- ment study for Daytona he'll ask to see a copy. Counci1person Gillespie stated when they interview City Managers if it's under- stood this is in house and has been done and is expected to be followed then there's not a policy. She added the Cody report is 14 months old and it's being reviewed by the Merit Board now and should have been done at one year. She referred to its similarity to Titusville's. She added she called Madeira Beach and was pleased with what she was told. Mayor Wessler referred to their election platform regarding too many consultants and said department heads always research when making recommendations and they need to take them seriously. She added if they don't feel they're qualified to give an opinion, they should suggest to Mr. Munoz he get someone else. She said if they want the City reorganized they should get department heads with Mr. Munoz and they can do it. Motion CARRIED 3-2. Mayor Wessler and Councilman Jones voted NO. 12 Council Regular Meeting May 6, 1991 ...... ,.""" COUNCIL/OFFICERS REPORTS Interim City Attornev Ms. Clayton stated they received applications for City Attorney at the end of the week and they should consider how to proceed. She said they can appoint a committee to review and recommend ranking of appl ications or review and rank them themselves and discuss what they think among themselves after review because some may be easy choices and if so, they can set up interviews. Mayor Wessler explained they decided to bring them back Monday to short list. Actina City Manaaer Mr. Munoz had no report at this time. City Counc il Councilperson Martin requested an audit be conducted to determine where and why excessive funds have been spent on the CIP since 1986 as there are questions about payments to date. She said the audit was mentioned prior to election and they'd like a clear and concise picture. She suggested they put Brent Millikan on the job to give them the answers and she so moved. Councilperson Gillespie seconded the motion. Councilman Hays asked if it's all the expenditures, or just Dyer, Riddle. Councilperson Martin replied all of them. Mayor Wessler asked if it's included in the current audit. Mr. Munoz explained the audit addresses all expenditures. Councilman Hays asked if they focused on it as an internal item and if it's something Mr. Munoz can do or do they have to go outside. Mr. Munoz explained Ms. Rickelman is working on putting expenditures in the right project but it isn't an audit. Councilperson Martin asked for a complete report of the complete CIP from its inception. Mr. Munoz noted held given them contract amounts and what was spent. Councilman Hays asked a cost to do this. Mayor Wessler said they should go out for bids if they're going to do this. Councilperson Martin explained Brent Millikan was doing the audits in 1986. Councilperson Gillespie moved to take the consensus of the Council whether they should do in depth of the financial study of the CIP from 1986 to present. Councilperson Martin seconded the motion. Ms. Clayton suggested they wait until they see numbers and if they make sense they can discuss it, and if no, that can be resubmitted and if there's difficulty then they might want someone to audit for correctness. She added they're collecting data now and anyone from outside will have to wait until that's done. Councilperson Gillespie withdrew her motion. Councilperson Martin withdrew her second. Alice Murphy said the people want to know if the money went for legal or adminis- trative or engineering fees. Ron Ferland said that's what Mr. Munoz is doing. He explained he's signed the purchase orders on all expenditures from the BAN saying they're related to the CIP and prior to that the City Manager did that. Mayor Wessler suggested they go over to the Dyer, Riddle offices as she recently did and see that almost every office has something about Edgewater. She added Mr. Munoz will come back with a report. Mr. Munoz noted they've done the $4.7 million several times and don't mind doing it again. Councilperson Gillespie stated she talked with Mr. Cinelli at Tomoka and they're waiting for us to renew the franchise and have been working on good faith. She pointed out he was not contacted about annexation. She said she wants to look at upgrading the park at Lake and Mary. She said Mr. Cinelli's been waiting for renegotiation and wants to make a presentation to Council. Mayor Wessler stated then everyone has to make a presentation. Mr. Munoz noted Industrial Waste Service is bringing dumpsters and the previous City Attorney said nobody should have an exclusive. Councilperson Gillespie said she needs to be excused from the May 20th meeting. Councilperson Gillespie commented on the fire hydrants in Florida Shores and said she wants more installed. Ron Ferland noted you cannot use impact fees for fire hydrants. Councilperson Gillespie agreed and said they're $875 each. There was discussion about adequate pressure. Councilperson Gillespie requested Public Works make signs that say "your stormwater fees are working" and put them on the major projects. Councilperson Gillespie said as soon as assessment rolls are in she wants public hearings which could be held while she's gone as she doesn't have to be present. 13 Council Regular Meeting May 6, 1991 ........ .....,; COUNCIL OFFICERS REPORTS (Continued) City Council (Continued Councilperson Gillespie asked if they can repeal the hiring of the Miami law firm since they're settling on the restaurant. Ms. Clayton explained there's no reason to repeal it because they have no ongoing work for the City. Council- person Gillespie said they get bills off and on they're not anticipating. There was brief discussion regarding what the bills covered and Councilperson Gillespie said she'd research it and bring it back later. Ms. Clayton suggested they just not give them any more work. Mayor Wessler said Mrs. Hill asked if assessments could be done through the City instead of the County. Ron Ferland, Dyer, Riddle, Mills & Precourt, Inc., said the City can do the assessments but they'll still have to pledge the same surety which is the lien on the property for lack of payment for the State to accept it. Doris Hill said it would be different from losing your property. There was discussion regarding the City's having more control and compassion and saving the County's fees. Mayor Wessler asked if Publix had asked to put a sign up. Planning and Zoning Director Mark Karetreplied yes but they made no application and have no commit- ment to the City and only had a pre-application conference. Mayor Wessler said when something like Publix comes in or Perry Barrett with his letter you can't put up a sign saying it's coming soon. Mr. Karet explained in the case of Publix they have to have site plan approval and the subdivision needs a final development plan. He pointed out the ordinance specifically says it's not allowed. Mayor Wessler asked if they can change that. Ms. Clayton said they can wa i ve it. Counc i 1 person Mart i n moved they make an overa 11 except i on of putting up a coming soon sign on the property. Ms. Clayton explained they can't waive a change in general, it's an amendment. Mayor Wessler asked to bring the ordinance at the next meeting. Mr. Karet asked if they'll make appl ication first. He referred to a previous sign with Food Lion with nothing generated. Councilperson Gillespie seconded. Councilperson Martin clarified it's for Publix and for Mr. Barrett's. Mayor Wessler said they want people to want to come to the City would putting a boulder up. Councilman Jones recalled the bowling alley sings. Mr. Karet suggested they should make some commitment such as an application to the City or preliminary plat approval if they're going to waive the ordinance. After further discussion regarding what had been submitted by Mr. Barrett, Mayor Wessler said the motion is to allow those two signs. Ms. Clayton said they usually can put up signs on the property and they may want to observe what other jurisdiction do to fit into that perimeter. Councilperson Martin amended the motion to allow Publix and Perry Barrett to put their coming soon signs up with preliminary plat approval if it doesn't take too long. Ms. Clayton said if it fits the commercial zone there's no reason not to put up a sign if the sign conforms otherwise and it's on the property. She said if other jurisdictions do it that way the City may want to use it as a guide. Councilperson Gillespie seconded. Motion CARRIED 5-0. QUESTIONS FROM PRESS None CITIZEN COMMENTS None ADJOURN. Councilman Jones moved to adjourn. Councilperson Gillespie seconded the motion. Meeting adjourned at 11:50 p.m. Minutes submitted by: Lura Sue Koser 14 Council Regular Meeting May 6, 1991 , . ....... ATTEST: 4'CliJ ~~ " CITY CLE AP~d this C day of , 199L-. ,f '~ ~ ~ ~ C'!LMn.' \ l)C (1 ,A ~ / MAYOR \ - v ?'" 7~ 15 Council Regular Meeting May 6, 1991