Loading...
04-15-1991 - Regular ,... ..... CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 15, 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 Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Steve Odom, Edgewater Baptist Church, delivered the invocation. There was a pledge of allegiance to the Flag. CERTIFICATE OF RECOGNITION FOR CITY CLERK SUSAN WADSWORTH AS A FLORIDA CERTIFIED OCCUPATIONAL LICENSING OFFICIAL - Mayor Wessler presented the certificate to Mrs. Wadsworth, and stateS she's her right hand person. APPROVAL OF MINUTES Spec;al Meet;ng of March 7. 1991 - Councilperson Gillespie moved they accept the minutes of the March 7, 1991, special meeting. Councilman Jones seconded the motion. Motion CARRIED 5-0. Spec;al Meet;ng/Publ;c Hear;ng of March 11. 1991 - Councilman Jones moved they pass the special meeting/public hearing of March 11. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS George Na;ll, 1604 Royal Palm, stated he looked into the annexation and how manufactured homes are taxed under Florida Statutes and to be taxed as real property the owner of the home must also own the property and in this case homeowners will not own the property. He referred to the Florida Statute that covers voluntary annexation when an enclave results and said he rode the entire area and there are enclaves involved. He noted Clay Henderson said there are enclaves and the County had no objection to this but there was nothing received from the County supporting this annexation and allowing the enclave, and it's up to this Council, not the County. He referred to his conversation with people in Tallahassee about mobile home taxation. Mr. Naill stated on April 1st held said there was no justification for some items in the budget and was told they had 75 pages of justification so he visited Mr. Munoz regarding this and justification was a catalog of products. He said only the Utilities Director provided justification in the budget and a write up for requirements for those two trucks. He stated the 3/4 ton pick up was for the new wellfield and new water plant which may be 2 years away and it's questionable if they should buy it now. He referred to Chief Vola's comment that he took Council person Martin for a ride to show her the condition of his truck. He suggested they look at these budget items and make sure justification is available. He said Mr. Munoz agreed held implement it so each requested item has justification so they'll know what they're voting on. V;ck; Frechette, 3417 Mango Tree, stated she'd be angry if water pressure is lower because of the annexation and asked if facilities are available for 650 more homes. She asked the amount of revenue they'll get from the builder and if he'll provide impact fees for the water system they'll need to accommodate such a large project. Mayor Wessler explained they'll address those questions when they get to that item on the agenda. ...... .."", CITIZEN COMMENTS (Continued) Dave Short, 804 Fernald, referred to earlier contact to the former Council by FEC representatives regarding the horn bans and the large amount of accidents due to the ban. He read excerpts of an April 11th article in the newspaper regard i ng bans on horns. He suggested Edgewater do someth i ng before someone gets killed. Mayor Wessler agreed it will be on the next agenda. Ed T. Johnson, 135 Magnolia Avenue, spoke regarding Larry Harris' request for a shore line buffer variance. He said they bought their property in 1974 and it's a corner lot and they own the property between Riverside and the River. He stated they supported adoption of zoning that would protect the scenery along Riverside Drive. He pointed out the rear yard is 30 feet minimum from the water. He referred to the rights of people and boaters. He objected to a variance because the public must be protected from this variance and the zoning upheld. He asked Council to refuse that variance and have regard for public welfare. John McGregor, 303 Cherrywood Lane, former owner of Edgewater Rent-All, referred to numerous letters and contacts regarding a license for that business. Mr. Munoz stated Mark Karet said the outside stair cases to the units above that are rented out don't meet the Code and there are some safety hazards to be fixed. Mr. McGregor stated he was cited and complied with all except that. He added the apartments have been there 38 years and now the City says they have to increase the head room by 611. Mr. Munoz said there are other items and they're concerned with a family and children living there. Ms. Clayton stated she's not familiar with the requirements, but understands it was a nonconforming stair well on the outside of the building or they needed to put a fire escape installed on the outside. She added the head room is clear in regulations. She pointed out if he has a nonconforming structure in existence 38 years ago and has changed ownership, often when you change ownership there's a section in the Code to reexamine the structure for conformity to modern requirements. She added 38 years ago they wouldn't require sprinklers in buildings. Mr. McGregor asked to meet with her privately and asked if she had information on the citation. Ms. Clayton agreed to meet with him this week. Alice Murphy, 230 N. Riverside Drive, expressed concern with factory built home developments coming into this City and they pay less than half the taxes of people with homes of equal value. She referred to an incident when she went to Edgewater Landing and was stopped at the sentry box to give her name. She asked if it's a City street with City services and if they can exclude people. Mrs. Murphy referred to speeding along Riverside Drive and suggested they post signs. She referred to previous accidents along Riverside Drive. Mrs. Murphy suggested they des i gnate someone to turn off the 1 i ghts in the Community Center so they don't stay on all night. Mayor Wessler requested Chief Schumaker to have it checked. There was discussion regarding signs currently posted for speed and the curve on Riverside Drive and Mayor Wessler asked Public Works Director Carl Overstreet to look into it and report to them at the next meeting. James Gilligan, 1723 Kumquat, stated he cannot imagine why the City would consider allowing a high rise hotel built on Riverside Drive. He stated it isn't nice to look at, it blocks the wind, and they don't want it. Norman Billups suggested they install speed bumps. Ronald Frvbarger, 137 E. Turgot, read a letter from Dr. Roland J. Bazin, Jr., expressing opposition to the variance for Larry E. Harris based on violation of Ordinance 90-0-4 entitled stormwater management. Mr. Frybarger expressed his own objection also and said he purchased his property with the understanding from the realtor that the lot wasn't buildable. He stated he's on the Northwest corner and if the house goes up he'll have little or no view. He referred to looking like Daytona Beach if they grant variances on projects such as this. He stated a lady who bought property 10 years ago next to Harris applied for a variance and the City denied it and it seems unfair. He added if they grant Harris, they have to do all up and down the river. Mr. Frybarger stated he opposes the hotel also for the same reasons and they'll be digging into the aquifer for multiple housing. 2 Council Regular Meeting April 15, 1991 "-' .", CITIZEN COMMENTS (Continued) Rav Anderson, 1905 Riverside Drive, asked if he could speak during the presentation on Windview. Council members indicated that was no problem. James Montaomery, 1901 S. Riverside Drive, stated they've been meeting with LDRA for 3 months and at the end of each meeting there was a negative feeling of a hotel. He said it started as a condominium and was voted down so they presented the same facilities and same conditions as a condo and call it a hotel. Mr. Montgomery spoke about the contract he signed in 1977 with Lovell to purchase the Harris property when the former Building Inspector stated they could not put a house on the riverfront. He referred to subsequent building along Riverside. He said he wouldn't want his assessment to raise if Windview is granted, they should lower it. Mayor Wessler called a recess at 7:43 p.m. and called the meeting back to order at 7:50 p.m. CONSENT AGENDA None NEW BUSINESS Request for review of site plan for Windview Hotel. East side of S. Riverside Dr. north of Boston Road. SP-9013 (withdrawn from 4/1/91 aaenda at applicant.s attorney.s request) - Glenn Storch, Storch & Hansen, represented the property owner. He pointed out they're only here for a site plan review, not for a variance or rezoning, just for the City to uphold the law. He said his client agreed with his recommendation for the design and setbacks and environmental safeguards that would be a credit to the City and environment. He stated he has a June 1,1990, letter from the City that the property is zoned B-4 tourist class and he could build a hotel or motel and multi-family as special exception. He referred to new regulations regarding the Mosquito Lagoon and classification as a Class II water overlay zone requiring certain protections with a setback of at least 50 feet from the Mosquito Lagoon. He explained they looked at the possibility of a condominium but decided because of the environmental setbacks to go up. He pointed out City zoning codes and regulations permit a 4-story hotel or 2-story condominium. He referred to development agreements used by other c i ties wh i ch a 11 ow deve 1 opers to work to everyone's benef it. He noted they have an apartment complex and marina there now. Mr. Storch explained LDRA was initially agreeable to the concept but there were concerns from adjoining property owners and he then recommended they go with the hotel which he's permitted to do. He noted the owner incorporated many ideas from area residents at the LDRA hearings. He said he agrees it shouldn't be a high rise, but this is just 4 stories, and high rises are usually 15-20 stories. Mr. Storch stated Edgewater did a Comp Plan that designates this area as the place for a hotel and zoning also designates it and had regulations on how the hote 1 wou 1 d be bu il t. He po i nted out Mr. Davenport met and exceeded the regulations. He showed a sketch of the hotel and stated it's designed to be a fishing village motif and could spur redevelopment in this area. He asked what they'd be happy with if they aren't happy with this. Mr. Storch stated he explained to LDRA their role in the site plan review process was to make sure ordinances of the City have been met and it has gone through a staff review process and this conforms to the ordinances and passed all the reviews. He added the land map shows this as a commercial area. He stated the aquifer is not a concern because it's City water and sewer and it's 18 hotel rooms. He said the stormwater meets the most stringent standards of anywhere in the State and he helped write many of these standards and it means no run off goes into the River at all. Mr. Storch stated certain members of LDRA were opposed and cited laws as reasons why they didn't want it but those laws don't apply to this project. He said they must be granted site plan approval if they meet all requirements and the people bought the land based on the fact a hotel could be built there. He said it doesn't seem fair to prevent someone from utilizing their land for something the law says they can and they have gone far beyond what's required. 3 Council Regular Meeting April 15, 1991 .... ....., NEW BUSINESS (Continued) Request for review of site plan for Windview Hotel (Continued) William Hathawav, 500 Canal Street, New Smyrna Beach, represented Ray Anderson, res ident to the North and adjacent to Windview property. He reviewed the history with an application to enter into a development agreement and for a condominium. He stated there's no mention of a condo being allowed in B-4 but it does permit hotels. He stated the hotel floor plan and schematic look just like they did as a condominium except they provided a lobby on the first floor. He said they could have treated this as a special exception to put in a multi- family dwelling but there's a restriction on height requirement because B-4 doesn't allow more than 2 stories high. He stated citizens in that location feel it's an inappropriate high structure. He stated the application shows 9/10ths of an acre and LDRA denied it because they said it's not 9/10ths, it's 1.26, and it's 3 stories because you don't count the bottom floor to comply with the Comp Plan. Mr. Hathaway stated the project mayor may not be in compliances with ordinances but it must comply with the Comp Plan adopted by Council May, 1990, which states commercial areas shall provide for floor area ratios with a maximum 30%. He stated with what was provided, the floor area ratio exceeds that allowed by the Comp Plan. He pointed out they have an ordinance for B-4 that's inconsistent with the Comp Plan and when that happens, the Comp Plan controls. He stated the project is not in compliance with the Comp Plan in its present configuration and that's why LDRA denied it and that they're obligated to deny it. Mr. Hathaway stated LDRA instructed staff to draft language to change what's allowed in B-4 and B-4 doesn't fit in with river front. He stated this hotel exceeds the intensity requirements of the Comp Plan. Ms. Clayton suggested they hear Mr. Karet's input. Planning and Zoning Director Mark Karet stated City staff initially recommended approval for the site plan based on the fact that all comments of staff in reference to technical issues were addressed. He stated the issue was raised and brought to his attention that the Comp Plan had some items that, depending on how interpreted, would either alter the physical presentation of the structure or would have no impact. He said it's a commercial use as designated on the Comp Plan and its specific use is a hotel that's classified in the zoning ordinance as hotel, motels, and the like. He pointed out the issue before Council is not whether there is to be a hotel, but whether it's a hotel of 4 stories or a hotel of lesser height. Ms. Clayton asked if floor area ratios are a part of the existing Comp Plan. Mr. Karet replied the currently adopted Comp Plan. Ms. Clayton stated they had a Comp Plan adopted some 10 years ago and that was superseded by a Plan adopted by the City in May, 1990, transmitted to the DCA for review. She noted it's currently determined to be not in compliance pending adjustments discussed with DCA and one further review to come back to Volusia Growth Management Commission. She asked if there was a floor area ratio that existed from the pre-existing Comp Plan prior to May. Mr. Karet replied no. Ms. Clayton asked if there's a existing policy within the Comp Plan that specifies .30 FAR. Mr. Karet replied yes, only in commercial. Ms. Clayton asked if there's a dispute as to how that's calculated. Mr. Karet replied yes, and he explained the way the City calculates the ratios. He reviewed the square feet, including and excluding parking, and noted how much over it would be. He also reviewed the way floor area ratios are used for intensity and for impact on the City's infrastructures. He explained parking doesn't generate an impact on the City's infrastructure, it's the hotel rooms and 3 stories above the parking. Mr. Karet stated he contacted the person who originally drafted that section of the Comp Plan to find out the intent and he indicated he did not include parking because it's an intensity control. Ms. Clayton asked if the City's had a request that required a floor area calculation. Mr. Karet replied no. Ms. Clayton asked if they know of any precedence of neighboring cities in the County. Mr. Karet replied no. Ms. Clayton stated under either calculation according to the new Comp Plan, there's an excess over the 30% and there's a question of whether the Comp Plan adopted in May last year is in effect or not. She pointed out the Volusia County Charter provided that until a Comp Plan is reviewed for approval and consistency with the County Comp Plan, it does not take effect and they have a letter from the attorney for the Volusia Growth Management Commission that states it as their findings of law and that would be persuasive as to judgement of what regulations to apply to the applicant. 4 Council Regular Meeting Apri 1 15, 1991 ..... ..""" NEW BUSINESS (Continued) Reauest for review of site plan for Windview Hotel (Continued) Ray Anderson, 1905 S. Riverside Drive, stated the City Code doesn't define the height of a story in a commercial zone. Mr. Anderson and Mr. Storch discussed the facade. Mr. Anderson stated this development is in the middle of the outstanding waters and it comes up through Menard Park and there's a possibility of river use and pollution. He noted water front use isn't mentioned. He suggested they look at potential river pollution and referred to fuel docks. He asked if they have parking for boat trailers or travel trailers and if they'11 exceed a parking Code. Mayor Wessler asked if they can park a boat and trailer. Mr. Karet replied yes, and they have the required number of spaces for the use in their proposal. Ms. Clayton asked if it's addressed in the Code that they have to meet it, because if not, then Council cannot use it as an element in their judgement of the application. Mr. Anderson asked if sign ordinances are in effect. Mayor Wessler replied one is forthcomi ng. Mr. Anderson asked about no i se and nu i sance codes. Mayor Wessler replied all those were addressed. There was further discussion about boats. Mr. Storch stated this site will have far less impact on the river if it's built than before because they now have an apartment building that goes within 25 feet of the river and that wi 11 be removed and they'll have a retention area and natural vegetation. He stated when this is built there will be no stormwater runoff and they're meeting the 50 feet vegetation set back and have 100 percent retention on site. James Gilliqan asked where the water goes when it rains. Ms. Kim Buck, engineer representing the owners, explained the way the stormwater retention ponds will work. She noted the parking surfaces will be constructed of porous concrete and a lot of the stormwater won't even get to the retention ponds and they'11 overflow if necessary to a secondary treatment facility in the back of the property. She pointed out there's no stormwater retention at that site now. She explained the function of the first primary treatment and then on to the secondary. She added it's a very high quality water if anything does discharge into the river. James Gilliaan, 1723 Kumquat, asked if any fresh water goes into the river. Ms. Buck replied after it goes through primary and secondary treatment it's possible something could run off if they have a severe storm. Mr. Gilligan expressed concern for lowering the salinity of the river. Ms. Buck stated it's 150% retained and they're improving what's there now. Mr. Gilligan asked about natura 1 vegetation and what wi 11 be between the construct ion and low water point. Ms. Buck stated any natural or existing vegetation will remain and if they have to enhance that, they'll providing additional landscaping to enhance the 50 feet set back. Mr. Storch exp 1 a i ned they prov i ded certa i n plant i ng requirements in the development agreement and they can make it a condition. Riley Burch, 1401 S. Riverside Drive, presented a petition with 389 signatures in protest of a multi-family structure on or about 1900 S. Riverside Drive. He read a list of questions: City's ability to govern and enforce regulations designed to protect our environment; variances too often afforded to developers and rarely to homeowners; ability of elected officials to defend taxpayers against this kind of invasion in our community; precedent that approval of this construction will set; environmental impact this will have on the river; school system capacity; water and sewer capacity; parks and recreation and traffic congestion; garbage disposal; and river and noise pollution. He referred to the protection of land crabs as an endangered species. He asked about police and fire protection and appealed to developers of this multi-family project, Tom and Lois Kane and James Davenport, who are residents, to take their project somewhere they'll be welcome because they wouldn't want to live in a neighborhood where they're resented by their neighbors. Norm Billups, 1868 Pine Tree, asked where the space is coming from for the building, boats and boat and travel trailers. He said they should turn the whole project down. Helen Runner, 1924 S. Riverside Drive, asked if the Kane apartments that are there now will be torn down. Mayor Wessler replied yes. Ms. Runner said she doesn't want them across from where she lives. Florence Anderson, mother of Ray Anderson, said he was going to build a 2-story house and they told him no because it would obstruct the view and if this goes up, she won't be able to see the river and she doesn't think it's fair. 5 Council Regular Meeting Apri 1 15, 1991 .~ ...., NEW BUSINESS (Continued) Request for review of site plan for Windview Hotel (Continued) Jake Lodico, 302 N. Riverside Drive, stated Council should have faith in the committee, and if not, fire them. He said they've researched what1s right and wrong and given their advice. Mayor Wessler explained LDRA recommends denial and staff recommends approval. Attorney Bill Hathaway stated the effective date of adoption of the Comp Plan was May 21, 1990, according to page 1129 of the Code book and Council and the City agency have acted as if that Comp Plan were in effect. He stated the only way the plan could fly is to skirt the Comp Plan. Dorothy Montaomery, 1901 S. Riverside Drive, stated when they have bad storms many of these areas are under water a long time and with this building on the riverside water will have no place to go. She asked how they could have two retention ponds with that size lot. She said there are 3 town houses for sale and one for rent because people don't want to live there. She stated this should never have been zoned commercial in 1974 when neighbors were never notified. She said this will set a precedent if someone puts up a hotel and people who own land along the river will insist on a variance to do the same thing. She stated people who live in the area should have some say about what they want in the area. Mr. Jim Davenport, 106 Grandview, New Smyrna Beach, showed copies of a deed of Lois Kane and his. He reviewed how the property came into his hands. He stated the Kanes bought the property in 1968 from Florence Anderson. He reviewed how he and Lois Kane agreed to work together on this project. He said this is a fishing village concept and he can build 2 stories and they shouldn't talk about blocking views. He said when they changed to build a hotel the floor plan had to be changed with an office added and number of units from 21 to 18 and parking units. He added he has a platted 1.25. He asked how they can turn him down if something is not in effect yet and is not the law. He asked why didn't City Hall tell him before he invested thousands of dollars. He stated they haven't addressed boat docks yet because they haven't figured what they can build. He stated they'll comply with every rule and regulation within their means. He added if therels a boat dock there and you fill up a gas tank, he cannot control that and there will not be a lot of trailers parked there, they can go else- where. He said he doesn't want flashing signs and there are regulations for noise nuisance. He stated you cannot build anything in that 50 feet setback and held like to see palm trees and won't impact the water any more than anyone else. He stated he cannot walk on his property now because of runoff from Mr. Anderson1s property and he's never seen a crab in the grass on that property. He stated regarding the petition of 389 people, helll sell them his land for exactly what he paid for it plus interest and Lois Kane will sell hers for about $450,000 and they could have a nice park there. He said therels no commercial money available and he's putting a lot of money in engineering and lawyers. Mr. Storch said he looked at the Comp Plan and zoning requirements and he's convinced the Comp Plan is not in effect and Tom McClelland says it's not. He added if it is, they still meet the provisions of building the hotel so it doesn't matter one way or the other. Councilperson Gillespie requested they close the public portion of the discussion and no Council member objected. Councilperson Martin moved to deny it. Councilman Hays seconded for discussion. Councilperson Gillespie stated she called the Corp of Engineers and they meet all requirements and she called DCA about the Comp Plan and was told the Plan is in effect. She said she talked to DCA legal who told her it went into effect May 21, 1990, because presumption under the law is you're attempting to come into compliance. She added she likes the idea of something better than what they have there but feels this is overpowering and is more than she anticipated. Councilperson Martin stated Gates Castle indicates 180 car trips a day shouldn't effect the flow of traffic but this is the lowest figure so trips could increase substantially and this traffic will be a hazard for those that use the proposed bike bath. She added people come to walk, bike ride, and drive along Riverside Drive for the scenic view and this is the only asset for tourist trade. She disagreed with Terry Wadsworth regarding the wastewater flow because since 1975 6 Council Regular Meeting April 15, 1991 ..... ...", NEW BUSINESS (Continued) Request for review of site plan for Windview Hotel (Continued) the present system has been inadequate due to construct ion of new homes, shopping centers, and development, and her home has been plagued with back up at least once a month and without any adjustment to the present sewer capacity. She added to say the present system is able to serve a hotel is ludicrous and it's been ready for update for 16 years and nothing's been done about it and she doesnlt know who will pay it. She said 26 feet height should be adhered to along the river whether B-4 or R-IA. Councilman Jones asked Ms. Clayton if the Comp Plan is in effect. Ms. Clayton replied she cannot answer that because they have the City adopting the Plan on May 21 for transmittal to DCA and she felt the date of adoption is binding on the jurisdiction regardless of whether the review by the agencies in the State have been completed but after that it was brought to her attention the County Charter provides that no City Plans can be in effect until reviewed for consist- ency with the County. She added when Mrs. Gillespie discussed this with DCA they said State law requires you have your Plan as adopted taking effect even though the State has not agreed it's cons i stent or has found it not in compliance. She suggested they permit her to have a more indepth review of Chapter 163 and the County Charter provisions that say you have no effect until adopted. She pointed out that mayor may not be relative to the site plan. She pointed out there's about 4 acres of tourist commercial land in the City and those are located in and around this area in the application and if citizens were concerned about the river they should have spoken about it at the time the land use plan was discussed. She stated the use as tourist commercial or restrictions related to building in tourist are not disputed and the applicant meets those requirements. She stated Council is left with very little discretion and this is not the place to decide on a scenic resource because that is at Comp Plan and not at site plan. She said if they have a problem and they find the setback is not met and environmental requirements arenlt met, those are where they can approve or deny it. Councilman Jones asked Mr. Karet if this meets all requirements if the Comp Plan is not in effect. Mr. Karet replied if the Comp Plan was not in effect staff would recommend approval but this issue has nothing to do with the use of the structure, they're just arguing the square footage and that's the only discretion left at Council and they meet all requirements of the Code and impact of the sewer system has been addressed and on the transportation network. He stated this is probably the most competently designed site plan that's been submitted and the issue is square footage. Councilman Hays asked what Comp Plan they referred to in their decision making process. Mr. Karet replied the 1990 Comp Plan. Councilman Hays asked what LDRA used and Mr. Karet replied 1990. Mayor Wessler stated they were told by a former attorney that it was in compliance. Councilman Hays and Mr. Karet discussed interpretation of square footage with Mr. Karet recommending approval of the site plan. Councilperson Gillespie asked about 606.03. Mr. Karet replied that's a matter of interpretation. Councilperson Gillespie asked if the two retention ponds to the front are vegetation areas. Mr. Karet explained itls primary treatment and secondary treatment. Councilperson Gillespie asked if it1s dry treatment. Ms. Buck replied yes. Councilperson Gillespie asked if it's a sea wall. Ms. Buck replied yes. Mr. Karet explained itls a bulk head that's in a state of disrepair. There was discussion regarding whether it would be considered a new wall. Councilperson Gillespie referred to wetlands being deeded to the City for perpetual conservation. Mr. Karet said that would acceptable. Councilman Jones expressed feelings for Mr. Davenport's situation and citizens affected but theylre not in compliance with the law by the old Comp Plan and under the new Plan there are things that need clarified. He said the 4 story concept bothers him and held like clarification before he makes a decision because of the conflict with the Comp Plan. Councilman Hays withdrew his second to the motion and Councilperson Martin withdrew her motion. Councilman Jones moved they TABLE indefinitely until they get a declaratory judgement from a judge that our Comp Plan is in effect or not. Councilperson Gillespie seconded the motion. 7 Council Regular Meeting April 15, 1991 -..r ..., NEW BUSINESS (Continued) Request for rev;ew of s;te plan for W;ndv;ew Hotel (Continued) Ms. Clayton suggested they may not need a judge's ru 1 i ng and asked why Councilman Jones wanted a circuit ruling. Councilman Jones replied for authority because they have a County that says they don't and a State said they do and he wants a ruling because they waited long enough. Ms. Clayton referred to the time delay and suggested she talk with the DCA Secretary and his general counsel and check on section 163 and then go to the County Attorney. She noted they'll have two answers. She said she could get it within 2 months and recommended with matters regarding property rights they not table indefinitely but to a time certain so interested persons here tonight will know when to come back. Councilperson Gillespie said it1s a continuation to a time certain to protect everyone's rights and she withdrew her second. Mayor Wessler stated she wants the City Attorney to look into whether the Comp Plan was adopted and if they take into account the larger plat and the parking area in the calculations. Councilman Jones noted they'll get the same story from the County and State and it will keep going back and forth and he wants a determination. Councilperson Gillespie seconded the motion. She asked if it's a judge of the local court or for the State. Ms. Clayton replied a declaratory judgement can only be ruled by a judge in Volusia County and can take 6 months to a year. Councilperson Gillespie withdrew her second. Motion then DIED for lack of second. Councilperson Gillespie moved for a continuance for clarification of the status of the Comp Plan with an absolute limit of the first of June. Mayor Wessler asked if the question can be on the May 6th agenda if she gets it. Councilperson Gillespie agreed. Councilman Hays seconded the motion. Motion CARRIED 5-0. Mayor Wessler recessed the meeting at 9:50 p.m. and called the meeting back to order at 10:00 p.m. Hear;ng requested by Mr. and Mrs. Joseph De;mel to appeal Land Development and Regulatory Agency.s den;al of the;r var;ance for carport at 3016 Needle Palm Dr;ve - Joseph De;mel, 3016 Needle Palm, stated he has a letter from Mr. Karet that says they have the same buildable area as others in their district. He requested a variance for a driveway into his car port which was denied. He read excerpts of Mr. Karet's letter. He said he has 11.4 feet on the North side and would have 5 feet on the South side if the could put a car port next to his house. He added ne i ghbors are not aga i nst the car port. He sa i d Mr. Karet disagreed and will not allow it because they want the 10 feet area between the back yard in case of fire. He referred to homes with fences to the lot line on both sides of the house and they can't get a fire engine through there. He said he was not allowed a car port because they can1t get in back of the house but someone can get around at 1114". There were no comments from the audience regarding this appeal. Councilperson Martin stated the setback is usually 10 feet on the side line and to cut it back isn't recommended especially when land in the back of the house can be used. Councilperson Gillespie said she looked at the property and the concrete slab is 5" into the setback and the size of the carport seems to be the issue. She added Mr. Karet recommended it be 1118" and they're asking for 13'6" and they should be able to compromise because they're already into the setback with the concrete. She pointed out they don1t need the gutter, it's only needed where the septic tank is. Councilman Hays said he looked at the area and the neighbors don't object but it seems like a long garage. Mr. Deimel stated it's for two cars and is as long as the house and it will be cut off where it is over. Councilman Jones said he looked at the circumstances and it doesn't meet any of the requirements for an abnormal situation and they've denied others for this same request. He asked if they'd close in the garage. Mr. Deimel said they couldn't open the car doors. Councilman Jones stated that will be 5 feet from the property line and if they could put the same type car port in the back whether they could drive to the back wouldn1t be a problem. Mr. Deimel said he has a slope. Mrs. Deimel stated they would need truck loads of fill. Mr. Deimel again referred to the number of fences in the area regarding emergency access. Councilman Jones pointed out a fence is not a permanent structure. Mr. Deimel questioned access for a fire and Councilman Jones explained they usually have hose that will reach and don't drive through people's yards. Councilman 8 Council Regular Meeting Apri 1 15, 1991 ~ ...., NEW BUSINESS (Continued) Hearing reauested by Mr. and Mrs. Joseph Deimel to appeal land Development and Regulatory Agency.s denial of their variance for carport at 3016 Needle Palm Drive (Continued) Hays noted if they build a car port on that side the automobiles are flammable and if someone should build a structure next to his lot line, that would be more risk because of proximity. Councilperson Martin stated since this project does not meet the LDRA criteria she would like to go along with their decision and deny their request. Councilman Jones seconded the motion. Councilperson Gillespie stated she wishes they'd compromise the size because they only need a permit if they come in a little. Motion CARRIED 3-2. Councilman Hays and Mayor Wessler voted NO. land Development and Regulatory Agency. s recomendation to rezone 2120 S. Ridgewood Ave.. Belmont Plaza. from B-5 Planned Shopping Center to B-3 Highway Service Business District - Councilperson Gillespie asked if they can discuss this per 1102 or table it to the May meeting because the Code states zoning changes can only be heard certain months. Ms. Clayton stated she reviewed it and practice has been you have two readings on rezonings and if they're both scheduled one month apart then the question is whether you hear this item tonight and the second readings would occur in May and if so, then it complies. Councilperson Gillespie moved to accept the zoning change from B-5 to B-3 with direction to prepare the ordinance. Councilman Hays seconded the motion. Motion CARRIED 5-0. land Development and Regulatory Agency. s recomendation to annex 455 acres located 9/10 mile South of Roberts Road subject to approval of land Use Plan amendment by Florida Department of Comunity Affairs and Volusia Growth Management Comission - Mary Hansen, Storch & Hansen, Clyde Morris Blvd., Daytona Beach, reviewed prior appearances before LDRA and showed the project on an aerial photo. She stated they've spent about 14 months with preliminary information to DLRA and have prepared drafts of development agreements. She said there are about 650 units of manufactured housing and they did a comparison with homes in Florida Shores. She said the 650 units will generate $362,374 revenue to the City, or $557 a unit per year for comparable priced units. She added annexat i on is vo 1 untary and she cannot guarantee a certa i n percentage return but if this project doesn't come in the City will lose 200 memberships and tee times first come first served basis and they start to meet their recreational plan element. She stated it provides reuse water irrigation and the developer agreed to make the golf course available for treated effluent. She stated they plan to realign Volco Road and will work with the County and City staffs and they'll pave it. She added with Mr. Karet's negotiating they're making available about 2+ acres for fire servicing. She showed an exhibit of houses not serviced by an adequate response time. Ms. Hansen said they carne to the City because things go quicker through the permit process which is economically important to a developer and land owner. She said water and sewer will probably be supplied and they understand they corne next in line after Florida Shores and existing residents but they shouldn't have a problem if they continue with the CIP and utilities should be able about the time they pull permits. She stated if Council doesn't direct preparing the ordinance for first reading, then they won't be back as it will tell them they won't welcome this project in Edgewater. Councilperson Gillespie questioned the voluntary annexation law that says the largest part should be contiguous to the City limits. Ms. Hansen explained an enclave is an issue only for the County and only the County can sue and before they went to LDRA they went to the County Council and asked if they'd give a commitment on the record not to challenge it and all 7 said yes and they felt this property made sense to corne into the City and the City will not be sued. She stated between first reading of the Comp Plan Amendment and at the adopting hearing later they'll take questions or concerns. Council person Gillespie stated there are 4 enclaves. Councilperson Gillespie asked how they'd set up green fees and if the developers would handle it. Ms. Hansen replied it's too early in the process and it's according to the golf course developer and golf course manager. Councilperson Gillespie asked if Charles Merwin is doing it. Ms. Hansen replied he's not involved in that. Councilperson Gillespie asked about bike paths. Ms. Hansen replied those are usually seen on site plans and this is just a concept plan. 9 Council Regular Meeting April 15, 1991 ..... ..... NEW BUSINESS (Continued) Land Development and Reaulatory Aaency's recommendation to annex 455 acres (Continued) Mayor Wessler stated if they approve it tonight it goes through State agencies and comes back to Council. Ms. Hansen explained there's a Comp Plan Amendment ordinance that would extend the land use map and no text changes and the annexation and zoning ordinance would be contingent upon the approval of the Comp Plan Amendment. Councilperson Gillespie asked if the owners are planning to keep the land. Ms. Hansen replied yes. Councilperson Gillespie said if they1d sell the land and put the manufactured homes on it and the peop 1 e wou 1 d dec 1 are it as rea 1 property, the City would gain, but it doesn't cover the cost to service the way it is. Ms. Hansen explained it's costs associated with the first development year and then it1s parity. She pointed out land is assessed for property values and the landowners must pay taxes on improved real estate. Councilman Jones asked if it would be higher because it's a golf course. Ms. Hansen replied yes. Councilman Jones asked if u.s. 1 frontage would be a shopping center. Ms. Hansen replied there's a 500 foot commercial strip the County allows strip centers and they'd look to buy it but they could put commercial behind it off u.s. 1 and they plan to provide commercial service for this development and Edgewater Landing, Hacienda Del Rio, and Meadow Lakes. Doris Hill asked if it would be mobile homes or manufactured homes. Ms. Hansen replied permanently affixed just like Edgewater Landing. Georae Ewina, Royal Palm Drive, stated the present City Manager approved these plans and he reminded Council the last City Manager approved the low pressure system. She asked the tax rate used with her figures and said they have homes in Edgewater Landing from $80,000 to $150,000 and all they're paying is about $80 for the 1 argest manufactured home. He sa i d some rea 1 estate taxes on property under those homes are from $14-$19,000 on appraisal and some pay less than $500. He asked if they want 650 manufactured homes annexed into the City with all the problems they have with trying to finance the water and sewer and roads. He asked Council to look at it before they extend any more readings. Doris Hill, Lincoln Road, stated some people in Edgewater Landing pay $1,600- $1,700 in taxes. She said these manufactured homes will be on rented lots and she doesn't like that but it's a big fringe benefit to the City because the golf course would improve all land values and people now have to go to New Smyrna Beach and join a private club. Councilperson Martin asked the number of golfers in Edgewater. Mrs. Hill replied a lot would like to play. Councilman Jones referred to the survey made by Parks and Recreation for recreational needs and the golf course was number 2 or 3. Councilperson Martin stated she wonders if the cost of this golf course will be worth 200 or 250 players. Ms. Hansen said there1s indication the 200 memberships to the City will go in the first 30 days. She explained the tee times open to the public. Councilperson Gillespie asked how many memberships they're keeping. Ms. Hansen replied 400. Councilperson Gillespie questioned if people would want to live in a manufactured home on land they don't own and spend that kind of money to play golf. She added the City owns land on 35th and can put a fire station there anytime they want. Georae Ewina stated some people in Edgewater Landing are paying high taxes and they probably extended their mobile homes and are taxed on everything over the $25,000 and whatever they add to that home. He added most do not pay as much as in Florida Shores and Edgewater won't get the proper ad valorem tax base for manufactured homes and he doesn't think they'll get much tax on that golf course. Monty McMullen, Edgewater Landing, stated he buys a mobile home tag for his mobile home and he I d be a foo 1 to remove it when he pays $180 a year. He pointed out the rest of the land and driveway and porch and anything added goes on the tax base and they1re not allowed a homestead exemption if they go with mobile home tags. He added some people pay over $1,600 that goes on the tax rate. He asked if they1d sell for what the property's assessed at. Mike Billick, 2528 Lime Tree, stated he belongs to a municipal golf course in New Smyrna Beach. He referred to a problem in Ormond Beach with their golf course. He referred to initiation fees and greens fees. He said the new course can raise the yearly fees because it's private and they'll be frozen out when it gets too high. He added he'd join a municipal golf course but not this one. 10 Council Regular Meeting April 15, 1991 ..... .." NEW BUSINESS (Continued) Land Develo ment and Re ulator A enc 's recommendat;on to annex 455 acres Continued Ray Anderson, 1905 S. Riverside Drive, stated the Comp Plan applies to them as well as him and they have to have a ruling on it. Councilperson Gillespie stated that's true and they told her on the phone it's zoned agriculture. Ms. Clayton said they're not amending anything, they're just directing something being done and aren't voting on an amendment to the Comp Plan but are giving an applicant an indication they want an ordinance prepared for further consider- ation. She pointed out since May, 1990, Mark Karet said they're acting on all applications with that Comp Plan criteria and the floor area ratio came up. Carlton Hooks, New Smyrna Beach, stated if anyone applies for membership at the New Smyrna Beach municipal golf course they cannot get in unless they live there so it's a closed course. He added he doesn't believe any golf course would make costs so prohibitive they cannot play golf. He added they need to consider getting rid of the wastewater. Councilman Jones referred to the municipal golf course design done when he was on Parks and Recreation and they looked at that area. He said staff felt the City didn I t have the financial abil ity because of the CIP and they hoped a private individual would think about putting a golf course in as it would enhance Edgewater. He referred to legislation on mobile home taxes and said he thinks it will bring in more revenue. He added the trend is people are building smaller and they don't want large homes. He pointed out effluent is a plus and they're only in preliminary stages and have a long way to go. He then moved they accept it. Motion DIED for lack of second. Councilman Jones stated if they see they'll not generate enough then they can back out but now they'll go to the County and build it anyway. He pointed out the Comp Plan states they have to look at areas for golf and other things of that nature. He added he wishes it was the municipal but it's not binding. Mayor Wessler agreed it's a preliminary stage and they have to go through all kinds of hoops and through the State and people can speak at readings of the ordinances. Councilperson Martin stated she's not happy with additional manu- factured home with 1 imited revenue as they have a big project committed to complete and they need to concentrate on that and not take on other projects. Mr. Karet asked the reasons for Council's not going with it. Mayor Wessler replied revenue. Mr. Karet pointed out a record was established with costs and revenue associated with this project and the cost data developed by staff at LDRA's request and it showed a cost of $380,000 yearly to the City. Councilman Hays referred to the excerpt of the tape he heard where Mark had said it's like other homes except it escapes taxation. Mr. Karet agreed, and said he recommended approval and still does. There was discussion regarding how the figures were calculated. Councilperson Martin asked if they'll have to hire additional Fire and Police and traffic. Mr. Karet replied initial comments made by staff were generated for entering into negotiations with the applicant and they wanted to be sure the impact was substantial enough to get concessions they thought were necessary to make the annexation palatable. He added the Chief's comments indicated there will be some costs associated but he felt the taxes associated with the growth would pay for Police services. He said the revenues show $360,000 which are probably underestimated as they're comparing two very crude numbers. Councilperson Gillespie stated they're basing their decisions on those crude figures because they need to know what it will cost the City out of pocket if they annex it, She stated she promised people she would not take any additional land until they could provide services to those in the City limits. Mayor Wessler pointed out they're not going ahead of Florida Shores to have water provided. There was brief discussion regarding these rate payers not being included in the rate study which would improve the financing system. Norman B;llups stated he thinks of a golf course with expensive homes and not trailers with a tag on them. He suggested if a golf course is developed that the developer sell the lots and have expensive homes built on it so weld have money coming in. Pete Hellsten, LDRA Chairman, stated with the numbers staff provided they came to the conclusion it would be a trade off with services requested and revenue generated and there won't be a large surplus of revenues or expenses. 11 Council Regular Meeting Apri 1 15, 1991 .... ..." NEW BUSINESS (Continued) Land Development and Regulatory Agency's recommendation to annex 455 acres (Continued) Mayor Wessler requested they consider everything. Ms. Hansen stated her client authorized her to make an offer that in the event the cost of services to a new area do exceed the revenue plus costs they will be relieving the City of, such as finding a place for effluent that for the next 5 years pay the shortfall to the City treasury and after that time it should take care of service but they1d make up that shortfall for 5 years until build out is achieved. Councilperson Gillespie stated on the map they talked about a package plant for water and sewer if the City couldn't' provide service. Ms. Hansen stated they talked to Mark Wallschlaeger at Hacienda del Rio and another client and thatls the answer and water will probably come before capacity. She added if this is not going to go, she will withdraw the annexation tonight. Councilperson Gillespie said it's cost effective because theylll make up the shortfall. Ms. Hansen said their costs are pretty much what staff says. Councilperson Gillespie asked if this binds them to annex. Ms. Clayton replied her understanding is they obtain the recommendation from LDRA and decide whether or not to direct the City Attorney to bring back ordinances for their consider- ation and there will be public hearings and first and second readings with the annexation ordinance and rezoning and Comp Plan amendment. Counci lperson Gillespie said there will be two public hearings for each ordinance. Ms. Hansen explained they'll occur simultaneously. Councilperson Gillespie said it would be two evenings of hearings and at any time they could stop the procedure and in that case shelll second the motion. Ms. Hansen stated they just need to know they can proceed and with that kind of caveat she knows she will not have the full unanimous Council they need and she withdrew the application. She thanked the staff and Council. Councilperson Gillespie asked if they have to accept the withdrawal. Ms. Clayton explained since this was not an advertised public hearing and they have withdrawn the application the Council has no jurisdiction. Larry E. Harris's request for variance from shoreline buffer to construct single family home within 30 ft. of high water line at 1103 S. Riverside Drive Larry Harris, 1105 S. Riverside Drive, requested a variance for a rear set back at 1103 S. Riverside Drive. He pointed out this is a very valuable piece of land and he1s paying over $2,000 a year in taxes and if he's denied the variance he can't do anything with it. He added he doesn't know of any house that meets the set back. He asked if it's legal to take this away from him and if it violates his Constitutional rights. Mayor Wessler asked if it was a buildable lot when he bought the property. Mr. Karet replied according to the 30 feet set back. Council person Gillespie asked if it was one lot and then split. Mr. Karet said when they have non-conforming lots and they1re separate, they1re combined and he had a number of non-conforming lots. Councilperson Gillespie asked if this was a West side of the River lot with riparian rights that was buildable. Mr. Harris said he bought the property in one piece. Mr. Karet explained in this case three separate non-conforming lots were combined into one. Mr. Harris pointed out they have 150 feet on Riverside Drive but the original 100 feet was never non-conforming and they just added more land. Councilperson Gillespie said he has all the permits and Corps of Engineers said he cleared their permits. Councilperson Martin asked if the West and East side are one piece of land or was it split. Mr. Karet replied initially it was but not to his knowledge now. Mayor Wessler asked if he recommends approval. Mr. Karet replied yes. Councilman Hays moved they accept the Planning and Zoning Department recommend- ation. Councilperson Gillespie seconded the motion. Ms. Clayton asked if it's to meet a 30 feet set back. Councilperson Gillespie stated itls instead of 50 feet. Mr. Karet explained it's a single story structure held to 30 feet set back and he reviewed the sketch. Councilman Jones asked if neighboring houses are 30 or 50. Mr. Karet replied 30. Motion CARRIED 4-1. Councilperson Martin voted NO. Fire & Rescue Association President's request for funding for July 4th Fireworks Councilperson Gillespie moved they give the Fire Department $3,000 for the cost of the fireworks and she would like to see some of the cost records to see what it actually costs them. Councilman Jones seconded the motion. Motion CARRIED 5-0 with Councilperson Martin explaining she voted yes pending they provide the cost records. 12 Council Regular Meeting April 15, 1991 ....... ....... Utilities Director's request to seek bids for water plant lime sludge removal Councilperson Gillespie moved they accept the Acting City Manager's recommendation as it's a standard procedure done twice a year. Councilman Hays seconded the motion. Motion CARRIED 5-0. Industrial Development Board's request to change membership from 7 to 5 members Councilperson Gillespie moved they reject the recommendation because she'd like to see it no smaller than 7 and it was reduced in previous years. She said there's a difference of 1 in the quorum for 4 or 5 members and they can replace members if they're not effective. Councilman Hays seconded the motion. Joe Martin, Chairman of Industrial Development Board, stated he requested this be reduced because they didn't have a quorum for 4 consecutive meetings. He said since there are openings now they could downsize it and operate with a smaller quorum. There was discussion about the current number and fluctuation of the absences. Councilperson Martin suggested they put this off until they get applications for new members. Motion CARRIED 3-2. Mayor Wessler and Councilman Jones voted NO. Ms. Clayton suggested they reduce the quorum requ irements. Mayor Wess ler suggested it be brought back on May 6th. It was agreed to have a quorum of 3. Boat Ramp User Fees Councilman Hays stated he brought this up because of the activity at the County level for ramp user fees throughout the County. Parks & Recreation Director Jack Corder stated he attended the Port Authority meeting and the Authority is still doing some research and will get back with the County. Councilman Hays expressed concern because New Smyrna Beach brought it up and tabled it and then it went to the County level. He said they have a taxing corridor and he thinks people in this taxing district have already paid these fees through ad valorem and this is another group trying to set up another tax and he couldn't support it. Mayor Wessler suggested they wait as the County's looking at two areas south of Roberts Road and perhaps a liaison could be appointed to work with the County. After discussion it was agreed that Councilman Hays or Councilman Jones, whichever is available, would meet with Phil Giorno and Clay Henderson for more information. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: Res. 91-R-17 Authorization for application for grant assistance for River Walk project under Florida Inland Navigation District Grants to Local Governments Program - Councilperson Gillespie moved they accept the Acting City Manager's recommendation and adopt Resolution 91-R-17. Councilperson Martin seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the resolution. RES. 91-R-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION UNDER THE FLORIDA INLAND NAVIGATION DISTRICT GRANTS TO LOCAL GOVERNMENT PROGRAM; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Second Reading:(Public Hearing) None UNFINISHED BUSINESS None. COUNCIL/OFFICERS REPORTS Interim City Attorney - Ms. Clayton suggested the joint meeting scheduled with LDRA next Monday be rescheduled since water and sewer rates are also planned for that meeting. She also suggested they invite the Citizens Council Advisory Committee and have a presentation by City staff regarding the Comp Plan and any- thing regarding compliance with DCA plus any other areas they could all three discuss. After discussing available dates it was decided to meet 7 p.m. May 8th. Ms. Clayton stated she received an invitation from United Taxpayers of Edgewater to attend a meeting on Wednesday and she requested Council direction. She referred to the large number of meetings the City is involved in and suggested Council develop a policy to prioritize staff time. There was discussion about whether there would be a charge for the time when attending and Mayor Wessler suggested anyone who attends free can go but anyone else should not. 13 Council Regular Meeting April 15, 1991 ..... ...""" COUNCIL/OFFICERS REPORTS Actina City Manaaer Community Development Block Grant funds - Mr. Munoz stated there are two items, one is it's possible they could approach the people and have them set aside some of that money to purchase some of the 26 acres for a neighborhood park, and the other is paving of Eaton, Dayton, and High Streets but if not possible, they'd like to request paving of Turgot. Councilperson Gillespie stated she doesn't want Turgot paved until the stormwater problem is alleviated. Mr. Munoz explained part of the plan is Turgot drainage is if they don't own the 26 acres they had nowhere to mitigate the water. Mayor Wessler stated Ms. Clayton is working on the closing. Mr. Munoz asked if he can move ahead with the 26 acres. No Council member objected. Mr. Munoz said they'll wait on Turgot. Mr. Munoz explained the problem with the resurfacing of the shuffleboard courts and that the City had paid a $2,000 advance. Parks and Recreation Director Jack Corder reviewed the problems with the contractor's work. He requested permission to have the other contractor who bid finish the contract and proceed with paper work to get restitution from the current contractor. Councilperson Gillespie moved they allow Fred Munoz and Jack Corder to proceed with this secondary bid party. Councilperosn Martin seconded the motion. Councilman Hays asked how much was invested in what was done the wrong way. Mr. Corder replied $2,000. Councilman Hays asked about a bond. Mr. Corder explained he was given that amount after held already been working on the job and it looked like there would be no problems. He added there's $1,400 left that hasn't been paid. Councilman Hays asked if it can be finished with that amount of money that's left. Mr. Corder replied the second contractor's price was $1,800 or $1,900 higher. Mayor Wessler asked the total. Mr. Corder replied the price is $6,280 to if he brings in a contractor to take off the old surface and it's about the same because weld pay for the sand blaster. Councilperson Gillespie asked if it's unsatisfactory material or application. Mr. Corder replied application. Councilperson Gillespie asked if the second contractor will use the same material. Mr. Corder replied there's a strong possibility of a combination of both. He reviewed the problems encountered by the shuffleboard users. Ms. Clayton noted it will be difficult to go for the $2,000 when there's no bond. Mr. Corder explained they haven't required bonds for small projects. Ms. Clayton said they'd have to determine in terms of the job. Motion CARRIED 5-0. Mr. Munoz stated the picnic is scheduled for April 27th and the school is also having an activity but the prel iminary survey was not to change the date. Councilperson Gillespie stated she'll be at the school because she set the date before the election and perhaps she can get a replacement. City Council Councilman Jones stated at the last meeting they denied resurfacing North Rivers i de Dr i ve and Mr. OVerstreet wants to speak regard i ng the break with tonnage and that North Riverside is starting to crack. Public Works Director Carl Overstreet explained only one-third was resurfaced previously and they're going to work both ends. He pointed out they have stress crack and if they don't do something soon it will affect the sub base. He added held like to get the best possible price and needs the tonnage. He said the Engineer stated in no way should the proposed walkway interfere with that street. He requested Council reconsider and give permission to go ahead because the bid ad had already gone out after they approved it and then they changed and he'll have to rebid anyway. Council person Gillespie noted all they'll lose is striping. Councilman Jones asked that cost. Mr. Overstreet replied about $600 and about one-third is not being disturbed Councilperson Gillespie moved to complete the paving on Riverside Drive. Councilman Jones seconded the motion. Councilman Hays said these won't be torn up or they'd be responsible to repair it. Mr. Overstreet said according to the Engineer and if their equipment causes damage they'll repair it. Motion CARRIED 4-1. Mayor Wessler voted NO. Councilperson Martin stated when a key employee is let go they change locks on the doors and they should have an immediate audit. She asked if it's upcoming. Councilperson Gillespie agreed to protect themselves because they replaced two top City officials. Mr. Munoz asked if it's a financial audit because in a couple of months we start a preliminary audit. Mayor Wessler asked if it will show the same thing. Ms. Clayton asked if it's an audit of desks and chairs or financial. Councilperson Martin replied financial. Ms. Clayton noted he didn't handle a lot of cash. Mr. Munoz stated everything went through the Finance Department. Ms. Clayton stated prudent business practice is to conduct an audit 14 Council Regular Meeting April 15, 1991 ...... .."", COUNCIL/OFFICERS REPORTS City Council (Continued) when an employee leaves but it would be additional cost and there are additional checks and balances. Councilperson Martin said she thought it was automatically done. Counc il man Hays asked who wou 1 d do the aud i t and Counc il person Mart i n rep 1 ied it wou ld be an outs ide financial audit. Counci lman Hays agreed it IS probably a good idea but asked how far back they'd go. Councilperson Martin suggested an outside auditor could look over the past year in reference to the things handled. Councilman Jones noted they just had an audit from Ernst. Mr. Munoz stated it covered September 30, 1990 and it costs $38,000 a year. Councilman Hays asked if it would be that much to have it done now. Mr. Munoz replied if it's the same scope but they're probably looking at less than that. Councilman Hays asked if she wants to look at something specific. Councilperson Martin replied when a key person leaves they have a general audit and someone other than Ernst would do it. Councilman Jones noted the first they just had is independent and they're coming up to another one in two months for the annual audit and he feels it would be appropriate if they find anything out of the ordinary they could use )egal counsel. Motion -CARRIED 2-3.. CQuncilman Hays, Mayor Wessler, and Councllman Jones voted NO. ~\~ ~)()l cHfr*y j-~z -...-. Counci lperson Mart in asked the status of the ads for City Manager and City Attorney. Ms. Clayton replied the City Manager's newsletter and League of Cities and Florida Association of Counties will have it in their May ads as it was too late for April and the Florida Bar News had it today and will have it in the April 30 edition. She noted the Acting City Manager wrote to the Attorney applicants to tell them about the redesign of the position and they're to signify in writing if they1re still interested. Mayor Wessler asked Ms. Clayton to fax a copy of the ads for the City Clerk's records. Councilperson Gillespie stated she'll like the Citizens Council Advisory Committee to continue recording the meeting even though the City Attorney said it's not necessary. Councilperson Gillespie asked that the River Walk be placed on the 22nd agenda to accept the recommendation to proceed. Councilperson Gillespie moved to bring from the table the rate study for water and wastewater. She said it was her motion to table. Councilperson Martin seconded the motion. Motion CARRIED 4-1. Councilman Hays voted NO. Councilperson Gillespie asked when they'll have public hearings on the CIP. Councilperosn Gillespie suggested they reappoint Joe Martin to the Industrial Development Board. Mayor Wessler requested someone attend the Citizens Advisory Committee meeting at 3 p.m. at the City Island Library because Mr. Fazzone's sister died an he's out of town. Mr. Munoz said he might go. Mayor Wessler said they need to look at renovating the back of City Hall for the City Attorney's office. Mayor Wessler stated some employees want to wear shorts and she had the attorney and Mr. Munoz check and there's no prob 1 ern wi th workers comp. There was discussion regarding possible problems related to people working around brush and chemicals. Mayor Wessler suggested they wear uniform type shorts. Council -person Martin questioned insurance. Mayor Wessler said it's no problem. Councilman Hays asked if they'll supply the uniforms. Mayor wessler said it would be part of their uniforms and would be next year's budget but this year theylll have to pay it themselves. Councilperson Gillespie noted postal emp loyees wear them. Monty McMullen stated fireman and soldiers don't wear shorts. Ms. Clayton suggested they see a recommendation of those that could wear shorts and staff come back with a proposal to the next meeting based on safety considerations. Questions from Press None CITIZEN COMMENTS None. 15 Council Regular Meeting Apri 1 15, 1991 '-" .' ADJOURN. Mayor Wessler suggested a motion to adjourn. Councilman Hays so moved. Councilman Jones seconded the motion. Meeting was adjourned at 12:00 p.m. Minutes submitted by: Lura Sue Koser ~ p- ~ COUNCILPERSON - ZONE THREE ~ i 4'h COUNCILMAN - ZON FOUR ATTEST: ~ AP~oved this;(O day of ~ ~. k ~G)'OU~~ MAYOR 16 Council Regular Meeting April 15, 1991 o