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03-05-1990 - Regular .. 'W CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 5, 1990 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:03 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilmember Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Excused Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Sal Siano, Edgewater Alliance Church, delivered the invocation. There was a pledge of allegiance to the Flag. PRESENTATION OF MARCH BEAUTIFICATION AWARD TO FRANK KNABEL. 1926 VICTORY PALM DRIVE - Mayor Mitchum presented the March certificate of award to Frank Knabel and expressed his appreciation. APPROVAL OF MINUTES Reqular Meetinq of February 5. 1990 - Councilman Gold moved for approval of the minutes. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Reqular Meetinq of February 14. 1990 - Councilman Fish moved they accept the minutes of February 14. Councilman Hatfield seconded the motion. Motion CARRIED 3-1. Mayor Mitchum voted NO due to absence from that meeting. CITIZEN COMMENTS Mayor Mitchum advised there would be a three-minute time limit unless Council directs otherwise. Billv Klein stated there's a lot of concern of the citizens regarding the low pressure system or gravity system and he understands the gravity system is in at Edgewater Landing and the Meadows and any other subdivisions coming into Edgewater along with the new school. He read from excerpts of minutes of the Council meetings and workshops starting in February, 1985, continuing with the engineering committee formed in 1985 consisting of Terry Wadsworth, Ron Austin, and Neil Asting, when Dyer, Riddle, Mills & Precourt and Marshall Engineers were se 1 ected. He stated in September, 1986, they rece i ved a presentat i on on the Florida Shores wastewater program and the recommendation was that it be a gravity system with a cost of 7.54 million with 3.3 million for increases in the sewer plant. He said Frank Marshall suggest they accept their findings and implement the master plan and allow them to proceed and get the financial plan ready to be presented with the financial consultants, and Gerry Hartman stated they were only asking for acceptance of the report. Mayor Mitchum called time, and asked if Council wished him to continue. Councilman Hatfield stated they'll discuss this with Mike Hays later on the agenda and questions can be answered then. Mr. Klein continued there was a workshop February 12 with a summary of drainage and wastewater and septic tanks, etc., and on March 11,1987, Neil Asting stated there was an estimated cost of 10.6 million for the gravity system and Mayor Mitchum had questioned the approval of the master plan and had stated it was only approval of the report. He added that work had been done on this in the past without approval with surveys and on May 4th the agreement with Marshall they opted to give the 30 days notice to cancel the contract. He said on June 5, 87- R-30 was adopted, with a 30 day notification not to renew Dyer, Riddle but their attorney was Nick Pope and he said they didn1t need 30 days, so they went out to get new engineers. Mr. Klein stated that at the December 31, 1987, meeting Ron Ferland explained and displayed a gravity system with different coded lines and said they tried to layout the conceptual design and he explained the five different phases that were to be used in Florida Shores. .... "WI' CITIZEN COMMENTS (Continued) B;llv Kle;n (Cont'd) Mr. Klein asked Mr. Ferland when this was changed to low pressure and why since he was a citizen on that committee and from 1985 to 1987 a 11 they ta lked about was the gravity system? Mayor Mitchum suggested they write the questions down and address them all at one time because of the large agenda. Mr. Klein asked if Council was aware of this since they were newly elected, or was this just the recommendation of the engineers, or did they accept it, or was it their idea? He asked how much low interest money they can expect from the State for the sewer system? He asked the Manager to tell him what the $3.00 that's being charged to all the citizens is being used for? He asked if they'll still need stormwater in the CIP? He asked about the ballot sent to the people in Florida Shores and if the Manager made that ballot up? He said he was appalled that it was only 32% and then found out they were counted wrong and it was 64% and 109 had been sent to Miami. He added if you count those that don't 1 ive in Florida Shores, there was only a difference of about 300 votes. He stated the people don't trust this Council. Mayor Mitchum stated they're entitled to their opinions and Council wants to listen to everyone and so do the people. He asked the cooperation of the audience. Mr. Klein asked if the Attorney was informed what was on the ballot and if Council was aware of it? He asked who made the ballot up? He asked the present projections for the low pressure system because held heard they had new figures. He said he doesn't feel Council is responsible for the lack of confidence and they're victims of circum- stances. He asked Council to reconsider their position and authorize a refer- endum to issue general obligation bonds for an amount necessary for the CIP. Georae Ew;na, 2923 Royal Palm, asked about the 4.6 million projected for the low pressure system and if there's a new projection. He asked if the original 4.6 million included pumping stations. He stated he doesn't want to pay for a low pressure system and in 5 to 10 years have to pay for a gravity system. Jeff Lanae, 2224 Queen Palm, asked where they get estimates that are completely different from others. He noted that if gravity were cheaper, there'd be no argument but the question is what is the real cost and when it comes to refer- endum they just need the right information. He pointed out that 200 people say they are United Taxpayers but there are thousands of people they don't' represent them and all they care is what does it cost and that it will work fine. James Keoah, 2632 Queen Palm, asked how the School Board justifies selling sur- plus property and buying land next to a railroad and near a mosquito drainage ditch. He asked how the City justifies $200,000 and contemplates construction of a golf course at 2.5 million and denies equal services to the major portion of the City. He stated everyone should pay for sewers with a bond. He pointed out gravity's in part of Edgewater and they're entitled to it as they're a part of Edgewater. Mayor Mitchum clarified money for purchasing the School property is earmarked for recreation funds and he's never entertained the idea of a golf course and doesn't know where the rumor comes from. Euaene Lachock;, 2014 Pine Tree, stated he's from New Jersey with gravity system and a new section was built and low pressure was installed and some people went on vacation and the system dried out and five homes' basements were flooded and the City had to pay for repairs and damages and the Councilman was sued and was ordered by the judge to help clean those houses. He pointed out a lot of people go on vacation during the summer and this would dry out with no water coming into the system and the pump is locked and everything is disabled and you can ruin the tank and cause flooding. He stated he's against this system and owns two houses in Edgewater and two empty lots and would like something that will last. Georae Schmidt, 2930 Sabal Palm, stated his son-in-law installed sewers and he's discussed it with him and he said they'd be out of their minds if they do it as they installed 150 low pressure systems and had to hire a new maintenance crew and can't keep up with them. He said he voted on low pressure because of economy and had been told it's a good system. He stated the main problem is the check valve. He asked if they can guarantee they'll function and not flood them out. John S;burn, Connecticut Avenue, stated he could have bought a lot in Florida Shores for $600 when he moved to Edgewater but it was no sewer and unpaved so he paid three times as much in old Edgewater because he had all utilities. He said they'll all pay for upkeep and maintenance when the sewers are put in and he hopes the people get what they want. He noted he's never had trouble with gravity in 25 years. 2 Council Regular Meeting Minutes March 5, 1990 W' ...., CITIZEN COMMENTS (Continued) Harry Jones, 3035 Tamarind, asked what they'll do with people who cannot afford to pay because a lot are on fixed income and social security and their budgets are to the hilt and it may be a choice of eating or paying. Mayor Mitchum replied the City Engineers will make a presentation later. Mr. Jones asked if it's necessary to do the entire CIP at this time or if they'd consider putting in the gravity sewer and defer temporarily paving of the streets and do those things in increments since the City has the necessary equipment to lay paving. He said the system has a pump that will be put in the septic tank to carry away wastewater but what will happen to solids because if they're not taken away there will be another expense to have the tanks pumped periodically. CONSENT AGENDA Parks & Recreation Board's revised By-Laws: Parks & Recreation Director's request to go out for bids for playground equipment for Rotary Park: Parks & Recreation Director's recol1lllendation to award bid of $16.580 for fence materials and installation at Whistle Stop Park to Fence Master: Utilities Director's request to gO out for bids for Wastewater Department sludge hauling truck: and Beautifi- cat ion COl1lllittee' s request to proceed with car wash project in Apri 1 at Edgewater Library - Mayor Mitchum asked if Counci 1 wished to address anything on the consent agenda. There were no requests. He suggested a motion to close the consent agenda. Councilman Hatfield so moved. Councilman Gold seconded the motion. Motion CARRIED 4-0. Councilman Fish moved they accept the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Attorney Mark Hall re: Sea Treasure Seafood Addition. 109 Evergreen - Attorney Mark Hall, Attorney with Bolt & Spence, New Smyrna Beach, represented Nester Olijnyk, owner of Sea Treasure Seafood Restaurant. He stated their concern is fire protection for the Restaurant and they want to add 585 square feet and sub- mitted their plans in August and received Department Head comments August 17, 1989, and most had no objection although Planning wanted information on handi- capped spaces and percentage of lot coverage and the fire safety inspector saw no problem provided applicants conformed to Code requirements. He added the Fire Department recognized there's a need for a fire hydrant on the East side of Ridgewood and the issue isn't whether they need a fire hydrant but if they can change requirements during a site plan process. He said they submitted the revised site plan and the City's consulting engineers made comments in November and plans were resubmitted November 10 and there was no mention made of fire protection requirements and the previous Fire Inspector had none in August and said the hydrant on the West side of u.s. 1 was sufficient. He said the appli- cant was told on November 22, 1989, the matter was on the LDRA agenda and then it was postponed and nothing was addressed about new fire hydrants and on December 11, 1989, the Planning Director told Engineer Harpster there was a fire protection problem. He said these problems were outlined by Fire Chief Vola in a December 8 memo and his position was that the nearest hydrant was too far away and the water main in front of the structure is 211 diameter and not capable of handling a supply to a fire hydrant and the only viable solution was to extend a 611 line from U.S. 1 to Sea Treasure. He noted this was for a 600 ft. addition. He suggested they create a special assessment district and upgrade the Fire Codes, but for a short term not to require this applicant to install a fire hydrant when adequate fire protection is available across the street. He dis- agreed with Chief Vola about being able to lay fire hose across U.S. 1 in case of emergencies because they can divert traffic. He again stated the previous Fire Inspector said this didn't pose a problem and the applicant spent several thousand dollars on his plan and should be allowed to build his addition with the site plan as amended by incorporating those department heads comments made in August. He asked the LDRA be instructed to approve it without the extraordinary fire protection requirements because they were not required when the applicant applied. He asked they approve the previously approved site plan but delete the condition for the extraordinary fire protection requirements. Fire Chief Bill Vola corrected a misconception that Fire Code requirements are new as they were adopted in 1985 by State law. He said on October 25th part time Inspector David Jones again indicated hydrants are needed on the East side of the highway for Fire Department use. He said he furnished copies of information to the State Fire Marshall and requested Code clarification and it was sent to the City Attorney, and the State Fire Marshall said the 1985 Fire Codes are the minimum code and one of four, and the one the City has adopted. He noted it's adopted at State level as minimum and only the State can grant an exception. 3 Council Regular Meeting Minutes March 5, 1990 ~ ..." . . NEW BUSINESS (Continued) Attorney Mark Hall re: Sea Treasure Seafood Addition. 109 Everareen (Continued) Chief Vola read from section 603 of the Fire Code, 1985 edition, regarding fire hydrant systems to be provided. He explained he doesn't want to place undue burden on anyone but wants to prevent fire and allow the Fire Department to protect occupants and surrounding property owners and without an adequate supply of water on site they can't do it. Councilman Hatfield asked what he'd do if a fire broke out at Sea Treasure. Chief Vola replied they'd have a problem because there's not adequate water supply in the area and there are about 35,000 vehicles a day travelling U.S. 1 and there could be a traffic jam in excess of a couple of miles with no alternate route to detour traffic. He pointed out it's in the CIP to upgrade all the water in the area but held have to lay a 5" diameter hose across U.S.l. Councilman Hatfield asked if they'd route traffic coming south to Old County Road. Chief Vola replied it's up to the Police Department. Councilman Hatfield pointed out there's a Day Care Center and a bakery also. Mayor Mitchum asked how far it goes on the East side and how much is unprotected. Chief Vola replied about 1-1/2 blocks north and about another two blocks south. Mayor Mitchum said they're asking him to do something when they don't have the means. Chief Vola pointed out the Code mandates it. Mayor Mitchum and Chief Vola briefly discussed mandates and Chief Vola noted development costs should be borne by the developer and not by the taxpayers. Councilman Hatfield stated the City has a problem and Mr. Olijnyk has an alternative with a 2" line from Riverside to his property and put in a sprinkler system to take care of his problem, and if he wants to develop that he do something on his own. He said they can do a shared cost of the pipe and assess him what it would cost to run the 2" and then run the 6" pipe necessary. Chief Vola clarified 6" is for the building alone. Councilman Hatfield suggested they send this to the engineers to find out costs and what shared results would be for Mr. Olijnyk and the City and bring it back. Mayor Mitchum stated they're concerned with an area and not just one spot and it's already developed and they can't expect one person to pay for development of that one area. Chief Vola explained the Code and Fire Safety is what their responsibility and concern is. Councilman Hatfield moved they send this to the engineers and find out costs to run necessary lines from Riverside Drive to the corner of Evergreen and U.S. 1 to handle the problem and see the expense to Mr. Olijnyk if he agreed to this. Attorney Hall stated this is a 600 square foot addition and the applicant's portion of the cost would be small and it's not the same situation as Edgewater Landing when they upsized a large pipe. He displayed an area map which showed the location of the hydrant. He contended even if the requirements are not new, the enforcement in this manner is new and the State Fire Code was adopted but by referendum they have home rule powers and have the ability to deviate from that Code. He read from section 603 regarding 150 feet from a fire hydrant and noted they weren't enforcing that, the rest of the rule is fire hydrants should be arranged for a distance of 500 feet and the hydrant across the street is 400 feet and would serve the purpose of the rule of being within 500 feet. He added itls fair to allow Mr. Olijnyk to develop his property and this applicant shouldn't have to solve a community problem but to absorb his own share. Mr. Mark Karet, Planning and Zoning Director, stated the engineers looked at this and cost for a 211 line at $7.50 per lineal foot would be $8,453 and the 6" water line would be $15,150 plus a gate valve. He pointed out the issue is bringing the building up to Code and they've asked other developers to do this and the extension of the sprinkler system also. Mayor Mitchum asked about a 6" line for the entire area, as they need an option for Mr. Olijynk to be assessed for part of that. Mr. Karet explained they're only asking him to pay for the burden. Mayor Mitchum suggested they get this back at the next meeting for a decision. Councilman Hatfield withdrew his motion. Mayor Mitchum suggested a motion to TABLE this for a couple of weeks. Councilman Fish so moved. Councilman Gold seconded the motion. Motion CARRIED 4-0. 4 Council Regular Meeting Minutes March 5, 1990 ,., ......, NEW BUSINESS (Continued) Robert Stanton re: C;ty'S code enforcement pol;c;es - Wendy Stanton and Joanne Brown represented their husbands and others concerning selective code enforcement regarding 712, parking. Mrs. Stanton stated this Code has forced them to park their oversized tractors in unsecured areas. She said the tractors are 26 feet long and 13 feet high and weigh 14,500 pounds with a value of more than almost any home in Florida Shores. She pointed out they're not larger than some recreational vehicles in Florida Shores, and because of the weight distribution of the axles they don't cause that much damage to the streets. She referred to the amount of road taxes they pay. She stated 712 should pertain to anyone at any given time and now it's only in effect 8AM to 5PM which is a waste of tax dollars. She asked for a review of Code 712 which currently restricts tractor owners. She asked where they should park their livelihood. Councilman Gold stated he realizes it's a hardship but many people are against them coming in and tearing up streets and one Code officer cannot cover the entire City and usually they're not checked into unless there's a complaint and he doesn't think the Code should be changed. Mrs. Stanton asked for modification with privacy or security fences. She added she'd made several complaints about commercial vehicles and sees the same one parked day after day and she feels the tractor trailer owners are being singled out. Councilman Fish explained when the Code Enforcement Officer sees repeat violators he sends them to the Code Board and they fail to appear or the vehicle is moved temporarily but when there's a complaint the Code Enforcement Officer will respond in as timely a manner as he can. He suggested the Code may not have enough teeth in it to deal with repeated offenses. He pointed out there's only one Code Enforcement Officer and there may be times he doesn't get there right away and when he does, the vehicle may no longer be there, but he doesn't think he practices selective enforcement. Mrs. Stanton asked what they can do such as putting up a privacy fence or putting up a garage as there's no place to park their trucks. Mr. Johnson stated quite a few citations are issued and handled and sometimes you get notification and move the truck and break the chain and the City's looking at how to correct it. He pointed out there are certain building and zoning requirements in Florida Shores and he doesn't know if anyone would like a 10 to 13 feet high fence between the properties. He noted there's a violation of the 1 ton limit on her street. He added he doesn't know of any city that allows it and they'd have to change the entire City zoning and people don't want 13 foot fences beside their property. Mayor Mitchum said his concern is the same as a lot of people and that's destruction of the roads and the new system would be subject to strain from heavy wear and tear along with the pavement. He suggested if they have something to present to Council they'd hear the presentation. M;ke Hays, Secretary of Un;ted Taxpayers of Edaewater, request to present pet;t;on re: Cap;tal Improvement Proaram, 2319 Umbrella Tree, stated they're a non-partisan watch dog organization. He said he reviewed the proposed CIP and cannot accept the low pressure system and feels the City government is making a grave error in pursuit of the quick and easy. He introduced Louis Ossinsky, representing United Taxpayers of Edgewater. Louis Ossinsky, Jr., of Ossinsky & Cole, Daytona Beach, stated he represents concerned citizens and United Taxpayers of Edgewater. He said a petition came in with 679 names and before the meeting started it went to 688 names and it will grow as time goes on. He read the petition which requested a referendum vote on the proposed CIP and the gravity system and a general bond to fund the program to be paid by ad valorem tax and all action on the CIP to cease until the issue is brought to vote by the people. He said the concerned citizens disagree with the system plan and method of funding and the low pressure system requires greater expense to maintain and a pump to be installed and electricity to operate the pump and it creates problems that will come back to haunt Edgewater. Mr. Ossinsky stated the City can make a property owner connect but it cannot make them install the pump unless they compensate them for the easement to install the system and to compensate them for electricity to operate it and they'll require a condemnation proceeding which will cost a lot. He stated costs will be the easement, the electricity, and cost for attorneys for each property owner who objects and many will object to voluntarily giving the City an easement to install a pump on their property to be operated by their electricity. 5 Council Regular Meeting Minutes March 5, 1990 ~ ..., NEW BUSINESS (Continued) M;ke Havs. Secretary of Un;ted Taxpavers of Edaewater. request to present pet;t;on re: Cap;tal Improvement Proaram (Continued) Mr. Ossinksy stated a problem is having only part of the City on low pressure and the present sewer is a gravity system and there's a problem with compatibility with part on low pressure and part on gravity. He stated St. Lucie County had a problem with raw sewage and odors and if there's a storm and the electricity goes out, the pump won't function and there will be water backing up into the houses and yards. He said Council expressed the intent to submit it to the people for referendum vote and they put out a survey but that's not a referendum which says it will only become effective after the majority vote of the people. Mr. Ossinsky asked this be put on a referendum because the people who have to pay for it should be heard whether by ad valorem or revenue bonds. He suggested they approve an ad valorem funding for the expansion. He said the United Taxpayers of Edgewater submit that any plan affecting the quality of life and the taxes in the area and financing be submitted by ballot referendum by the voters since they'll be asked to pay for it and they should have the last word by majority vote and the ultimate decision in this matter. He presented the petition with 688 signatures to Mayor Mitchum and a copy of the newspaper article regarding St. Lucie County. Mayor Mitchum announced there will be a workshop on the sewer soon and they'll have a full presentation at that time. A. Llovd. Pres;dent of Un;ted Taxpavers of Edaewater. re: C;tv Attorney and pend;na sewer prOQram - Mr. Lloyd, 3130 Victory Palm, stated according to the green sheet the low pressure system would be 4.6 cost to construct and mainten- ance cost would be 5.7 million for 20 years but he's heard other figures since then and it's gone to over 7 million just to construct and the gravity system was 11 million in September, 1986. He pointed out that a meeting December 21, 1987, Ron Ferland said it could be 3 phases instead of 5 phases with the amounts for the various phases but those totals are a lot different from the green sheet totals. He added they know they need improvements and if they continue, the State or County will come in and say what they have to do. He stated he had a steering committee look at the engineering costs and they're saying the gravity system is going to be less than 12 million to install and held welcome a challenge from any engineering firm that will dispute the figures. He stated he and Jim Inman read minutes for 1986 through 1989 related to the CIP and they came up with information that bothers him regarding the City Attorney. Mayor Mitchum suggested they handle the sewers first and then he'll be heard again. Mr. Lloyd agreed. Mr. Ron Ferland, Project Manager, Dyer, Riddle, Mills & Precourt, stated when he started in 1987 the first thing they looked at was the Master Plan from 1986 and they decided to delve deeper into site specific conditions of Florida Shores such as coquina with high dewatering costs and paving and connecting individual homes to the system as none of these were included in the 1986 report and it wasnlt the fault of the writer but it was a conceptual report. He explained they did the 201 Plan in a hurry to be eligible for construction funding that involved the State Revolving Loan Fund and they miscounted the number of current customers and thought it was 2,000 when it was 3,062 unsewered homes and the other error was in the cost for abandoning the septic tank systems and the sewer laterals and when submitting it to DER they prepared another report and received a cost estimate and the report in the Library is the 201 comments to DER dated December, 1989. He stated those are the latest numbers until they do further work on site. He pointed out costs will increase if they put on more units to have more retrofits or if it goes to gravity. He explained the 201 Plan has the dewatering and paving and individual connections to each residence at $8,030,000 compared to 7.4 million in 1986 which didn't take into account the dewatering, paving, etc., a 1 so the unsewered port i on of F 1 or i da Shores on the East side of the railroad tracks which is the difference of 15.2 million to the 1986 7.4 million. Mr. Ferland stated the CIP Committee agreed 15 million is a lot of money for the City just for wastewater and that didn't include the plant so they looked at the less costly alternative of the low pressure system and evaluated it and the analysis was done in the 201 Plan to be eligible for funding and it was recommended simply because it had a significantly lower cost to each resident. 6 Council Regular Meeting Minutes March 5, 1990 '-" "-II NEW BUSINESS (Continued) A. Llo d Pres;dent of Un;ted Tax a ers of Ed ewater re: C;t Attorne and pend;na sewer proaram Continued) Mr. Ferland pointed out if the residents want to pay the higher cost, they haven't gone so far that they can't turn around and go to gravity. He said they're doing the surveys but the key is the financing and the cost to every resident to fund that system whether it be G.O. bonds or revenue bonds or special assessments. He stated they want the most economical way and most acceptable way to provide central sewers to Florida Shores. Mr. Ferland explained they're on the funding list from the State for low interest money and they need to move to remain eligible for the 4.8 million this fiscal year, and 6.6 million more for 1990-91, and he intends to stay in the SRF program to get all the money they can for financing even if they have to use some bridge financing. He stated under the current Federal budget they'll have additional funding and their intent is to provide 6.9 million this year and still be on the planning portion for 6,6 million next year and they can fund both the treatment plant expansion and the sewer system if it's low pressure with the two fiscal year SRF's that are in the hopper and if they go to gravity, they'll have to span more. He explained the SRF's are 3% below the prime interest rate at the same, such as 7% going at 4% but it depends on when you take out the loan and sign the papers. He pointed out one benefit of the fund is you don't have to pay it back until you put the system in service and construction is ended, and they'll borrow the money only as the course of construction goes on. Mr. Ferland said the low pressure system now does include the pumping stations and the force mains to convey the wastewater from Florida Shores to the wastewater treatment plant. He explained paying for the improvements with revenue bonds doesn't preclude the City from allocating the full cost over the full area because revenue bonds have their pledge rates. He stated regarding solids, there hasn't been a solids build up and they decompose like in a septic system and they have a pump out of the tank every 10 years that the City would do. He pointed out the City would be responsible for operating and maintaining each tank that's hooked to the system. He said regarding compensation for the pump, they've submitted to DER they won't pay for an easement nor do condem- nation but would handle it like the electric company with an electric line that connects to the meter and it would be through a service agreement. He stated that electrical consumption is approximately $1.60 a month for a pump so he doesn't feel it would be an issue. He said that loss of electricity will be loss of pumping but when you don't have electricity you reduce water use and the system is designed for a one day holding capacity so you don't have a back up of wastewater into your home. Mr. Gerry Hartman, Vice President, Dyer, Riddle, Mi lls & Precourt, pointed out with the gravity system it goes to a pumping station and is part gravity and part pressurized now. Mr. Ferland stated that regarding St. Lucie, they're involved in a similar situation in Palm Bay and they're not purchasing it because of back ups but because they want to be a utility. Mr. Ferland pointed out John Siburn paid three times what he did because he wanted gravity and they've recommended low pressure because they felt that was what the City could afford and if the City feels they can afford gravity, they'll see what it will be. Councilman Hatfield asked if they'd pump out the bacteria when they pump it out. Mr. Ferland explained the pump is inside the septic tank about 50% down so the remaining 50% below the pump chamber is in an amoebic area. Councilman Hatfield stated the low pressure system at Breakaway Trails was a nightmare. He asked the chances of the check valve being clogged up and referred to instances he'd heard about. Mr. Ferland replied they'd looked at a lot of these systems and problems with check valves heating up and a pump being hung up and in the pump chamber design at the bottom of the chamber, and they've designed a wire mesh to preclude anything getting into it and oversized the transmission main to avoid clogging and two check valves. Councilman Hatfield asked if an ad valorem tax bond to do this is legal? Mr. Ferland replied he didn't know why it wouldn't be. Councilman Hatfield asked if people in zone 1 with gravity system have to pay for a large percentage of the system for the people. Mr. Ferland said held check with bond counsel. 7 Council Regular Meeting Minutes March 5, 1990 '-' ....." NEW BUSINESS (Continued) A. Lloyd. President of United Taxpayers of Edgewater. re: City Attorney and pending sewer program (Continued) Councilman Fish asked how they plan to handle installations in the duplexes when they only have one septic system and if it will be adequate for multi-family dwellings. Mr. Ferland replied single septic for a duplex would probably have to have a larger volume than normal single family residence. Mr. Ferland pointed out some people built driveways and patios over septics and theylll need a new system installed at that time. Councilman Fish asked if they have a problem with a check valve hanging open and it floods the house, who would be responsible for the cost of clean up. Mayor Mitchum asked if the low pressure costs together are closer to the gravity cost. Mr. Ferland replied no. Mayor Mitchum asked the costs to maintain a gravity system. Mr. Ferland replied they did a 20 year present worth analysis and looked at construction and operation and maintenance for low pressure and the O&M for gravity would be 2.6 million total, and low pressure including the 10 year change out of all pumps and 20% change out every year, was 5.6 million, but adding these with build out of Florida Shores of 6,000 units would be 17.9 million construction and O&M versus 13.4 million for low pressure. Mayor Mitchum asked him to address all the costs incurred for the monthly cost to the res i dent, the overa 11 costs over a period of time, and answer the questions of what it will cost them when they have their meeting. Mayor Mitchum thanked everyone for their concern and input and advised them Council is taking it under consideration. A. Lloyd. stated Ron Ferland refers to 6.4 million for construction of the low pressure system but didn1t address maintenance and 5 years ago it was 5.7 and has elevated for 20 years to $11,139,000. He pointed out the employees in the sewer department will be in the largest department of the City. He noted site conditions haven1t changed in 3 years and they still have coquina and high water tables and hard pans and he doesn't see why this was a turnaround. He agreed the State money is good money for 6 million at 4% and if they don't go for it, they won1t get the opportunity again. He suggested they go for all they can with this rate of interest. He said they wouldn't sign any service agreement for anyone to come on their premises and he doubts if anyone will sign it. Bill Klein said in the memo of January 2, 1990, the last sentence says it1s the resu lt of these two adjustments, there was an increase of project cost for Florida Shores wastewater system from $2,377,000 to $7,820,000. A. Lloyd re: City Attorney - Mr. Lloyd stated the City Attorney was hired in 1982 for a contractual fee of $1,000 per month and with a 100% inflation factor it should be $168,000 over an 8 year period but in the past 8 years he's received from the City in excess of $400,000. He stated that in addition to the contract he had, the Attorney has a second contract relating solely to the CIP with $75 an hour and in the past 12 months he's received in excess of $26,000 solely as a result of his participation in the CIP. He said his yearly contract is now $24,000 and he drafts his own contracts but they're very tight. He pointed out the contracts are supposed to be renewed every two years and they're automati- cally accepted with very little discussion and the only changes are the numbers. He suggested they consider a full time City Attorney as they1re a growing munici- pality and are talking about the CIP and they don't want to know if he's in Orange City or his own practice. He stated the U.S. President is limited to 8 years and the City Attorney has had his 8 years and he believes it's time for a change and they need a new approach to the matters coming down and a new face and new set of gray matter to confront the problems they're dealing with. He suggested they advertise for a City Attorney and when they get responses make a proper assessment and bring in qualified applicants and figure out what they want to do. He stated in the past 8 years he's exceeded his budget 5 times. Mayor Mitchum explained the figures are the legal budget and not salaries and the City Attorney gets $35 an hour plus $75 for CIP. He stated Daytona Shores is $75, Holly Hill is $90, Lake Helen is $50, Pierson is $100, Ponce Inlet is $65, South Daytona is $90, and full time salaries are $44,000 for Port Orange, $58,800 for Ormond Beach, $43,500 for New Smyrna Beach, and $46,000 for Deland. He thanked Mr. Lloyd for his input but feels they got a good bargain with their Attorney and he does a good job. 8 Council Regular Meeting Minutes March 5, 1990 '-' .." NEW BUSINESS (Continued) A. Lloyd re: C;ty Attorney and pend;na sewer proaram (Continued) Councilman Hatfield pointed out there's a proper time and place for going to a full time Attorney and that should be discussed at budget time and not in the middle of the year. City Attorney Alvarez expressed appreciation for Mr. Lloyd's interest in the financial affairs of his office. He stated he's always had an open door policy with his office and any citizen at any time who wishes to know what he makes and what the bills are is welcome and his secretary has standing instructions to open all books and records, including his personal income tax records. He stated he doesn't know why he was targeted at this time but they need to get accurate figures. He suggested he meet with him to show him the real picture and motives on this group of individuals. He pointed out this city has changed tremendously, not only in growth but in its form of government and he had a lot to do with that and he stepped on some toes and made some political enemies but would do it again because those people are narrow minded individuals who carry a grudge and then use something like the CIP and set up an individual for nothing more than a personal attack. He reviewed the bills held submitted to the City since 1983 with a total of $276,216.21. He pointed out you have to deduct a secretary, rent, office space, books, and a computer and that's gross payments. He said his budget per year is $31,431.89. He explained the City has been faced with a lot of litigation in the past and one of the most expensive was ongoing in Federal District Court when he became City Attorney and a lot of fees were paid for errors and omissions of former officials with licenses taken away from contractors without notice and two Circuit Court juries who found the officials had harassed citizens under civil rights and then you have to pay attorneys fees on the other side. He pointed out they've been sued and not one had anything to do with him as City Attorney. He reviewed what has been collected with recreational fees that had been challenged twice and litigated successfully; the design for the self-insurance program when an insurance carrier cancelled our policies in 1986 with more than 1 million in the bank and only two small cases being settled; the suit regarding the City park. He asked Mr. Lloyd to keep an open mind and then make his decision. Mr. Lloyd asked to respond to the City Attorney because he felt some of the comments were made directly to him. City Attorney Alvarez apologized and said he has no ill feelings for him. Mr. Lloyd accepted his apology. Mayor Mitchum called a 10 minute recess at 9:35 p.m. He called the meeting back to order at 9:45 p.m. ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS Mayor Mitchum suggested they move items I. and J. under Public Hearings up to this time since there were representatives in the audience. No Council member objected. Mayor Mitchum requested a motion to go from the regular meeting to the Public Hearing. Councilman Fish so moved. Councilman Gold seconded the motion. Motion CARRIED 4-0. Publ;c Hear;na on Request to rezone 1904 S. R;vers;de Dr;ve from R-1 to R-4 - Mr. Mark Karet, Planning and Zoning Director, stated therels a request to rezone 1904 S. Riverside Drive from R-1 single family residential district to R-4 multi- family. He noted it currently has a one family one story home. He reviewed the surrounding properties zoning classifications. He noted that Section 163.3194 requires this must be consistent with the Comprehensive Plan and development in the flood plain is discouraged and U.S. 1 east is designated a high hazard area. He said increasing the allowable density by rezoning from R-1 to R-4 could be inconsistent with the City's current and proposed Comprehensive Plan. Jack Patrick, 1001 Regent Street, spoke on behalf of Mrs. Anderson, the owner. He stated Mrs. Anderson has an unusual situation surrounded by a multi-family and highway commercial and the new Comprehensive proposed land uses show the property north of her is proposed for medium density in future use. He showed a color coded map of proposed uses and various abutting properties. Mr. Patrick pointed out there are a variety of different zonings surrounding her property and she agreed not to ask for a blanket multi-family but for R-4 with possible conditions that she be allowed to put 2 or 3 single family homes on it. He said there's a need for new homes and it has water and sewer and wouldn't be a great impact. He asked that Council grant her request. 9 Council Regular Meeting Minutes March 5, 1990 '-- ~ ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued) Public Hearin on Re uest to rezone 1904 S. Riverside Drive from R-1 to R-4 Continued)Councilman Fish asked if they could enforce the requirement of 2 or 3 single family residences if they were to grant the zoning. City Attorney Alvarez replied that would be contract zoning and you can't engage in contract zoning in this State. Doris Hill, lincoln Road, stated she lives behind this to the north in a single family home zoned R-1 when she bought the lot. She said Mrs. Anderson owned that strip from U.S. 1 to the River and has B-3 or B-4 zoning and built single family on the west side of the River and the same thing across the street on the River and now after using their property for the highest and best use, they want to use the rest of the land for highest and best use but are not using it as zoned. She said she paid $31,500 for her lot, but what will it be worth if they build multi-family in her back yard. She asked what would prevent her from building 3 single family on that property as it's already zoned for singe family. Councilman Fish asked the size of the lot. Mr. Patrick replied 100 foot north to south facing Riverside Drive. Mark Karet said it's about 1.1 acres. Mr. Patrick noted it1s about 457 feet deep, and the home they built wasn't built since Mrs. Hill built and he thinks she's lived on that site for 40 to 45 years and the house built across the street on the river was her son. Mrs. Hill asked about the medium zoning and multi-family. C. E. Clark said it seems the property is all the same property. He asked how they would get to the houses with 100 foot frontage. Mr. Patrick explained medium density is proposed future land uses for that subdivision. Mr. Karet pointed out some houses are in the low density. Mr. Patrick and Mr. Karet discussed the color coded map. Mr. Johnson stated they can have single family with low or high density but the difference is in the lot size. Mr. Karet stated the major issue is all uses must be consistent with the Comprehensive Plan and you have to make a determination if it1s consistent. Mr. Patrick stated Mrs. Anderson knows it would have to be consistent with the Department of Community Affairs. Attorney William Hathaway's appeal of decision of land Development & Reaulatory Aaency to deny variance at 2304 Victory Palm Drive - Attorney William Hathaway, 500 Canal Street, spoke on behalf of the appellant applicants, Paul and Anita Dwinal, regarding relief from action taken by the LDRA at the meeting held January 11, 1990. He said they sought a variance for an awning that extends off the south side of the house 816" at the back of the house and the ordinance provides an awning within 3 foot of the back of the house. He pointed out 213" is under the edge and guttering so they need a variance of 312" for an awning over the pre-existing patio slab off the South side of the house, the only logical place for this particular awning. He stated they purchased the home in June, 1989, on a lot 125 x 80 and the way it's situated, the back yard is 10 feet in depth and when it was built it was 6" into the set back and they're supposed to have 10 foot, but have 914". He added they were cited by the Code Enforcement Board for this being non conforming and they were compounding a non conforming use and had extended the awning into the set back areas and they seek variances from those two things. He showed photos of the structure and said the fence is decorative and they sought a permit for that fence and for the awning that covers the patio area and were called after the fence permit was processed and came to City Hall and got the fence permit, but when Mrs. Dwinal asked about the awning permit, the clerk spoke to someone else and informed Mrs. Dwinal it wasn't necessary to have an awning permit. He continued that when she received that information they paid for the fence permit and proceeded to put in the fence and get bids on the awning and had it installed, then later they were told they were in violation for installation of the awning. He added they sought relief by way of a variance for 316" and installed screen panels that are free standing and not structural. He said LDRA members were sympathetic but said they couldn1t grant relief and when they looked at the ordinance there was concern about whether they had the final say on this. Mr. Hathaway stated the Dwinals did everything they thought was needed based on what they were told at City Hall. He added this is a hardship for them in part because of the design of the house and there's no other place for this outside patio space the way it's designed as the west side is the garage, the east side is the bedrooms, and the north is the front of the home. 10 Council Regular Meeting Minutes March 5, 1990 ....... .."., ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued) Attorney William Hathaway.s appeal of decision of Land Development & Regulatorv Agency to deny variance at 2304 Victory Palm Drive (Continued) He said LDRA considered this but gave weight to the fact that it was non conforming already but he doesn't think they should be held responsible for the encroachment. He pointed out Mrs. Dwinal was willing to pay for the awning permit but was told it was not needed. Mr. Hathaway stated the life expectancy of the awning is less than 5 years and they could condition a variance for a period not to exceed 5 years or for the awning now in existence but if they vote it down, they'll have to remove or take down the structure at their expense and they've had considerable expense in it. He added he doesn't see how anyone would gain by the removal, and surrounding property owners were notified and approved of the structure. Councilman Hatfield asked if the period of time the owner may leave the structure up came up during the LDRA meeting. Attorney Hathaway agreed they'd be willing to accept the condition to it and pay for any permitting they should have. He added the life expectancy is no more than 5 years and they wouldn't replace the canvas if Council votes that way. Dom Fazzone, 302 Paradise Lane, member of LDRA, said he differs with some of the statements made by the Attorney and they have criteria that has to be met before they grant a variance and they cannot fail even one and the Board decided they fail ed 4 out of 5 so based on that i nformat i on, that's why they den i ed the variance to the Dwinals. Councilman Fish asked Mark Karet if the house didn't encroach by 6", would this be a permitted use. Mr. Karet replied no, it can only encroach 3 foot into the setback. Councilman Fish asked the distinction between aluminum structures attached to eaves versus canvas easily removed. Mr. Karet replied it permits awnings within 3 feet and the Building Official said awnings are covers for windows and are self-supporting and installing of these awnings do not require permits as long as they conform to the 3 feet and anything other than the standard awning and patio cover of this nature would require a permit. Councilman Fish asked if this is a permanently attached structure or easily removed. Mr. Karet replied the canvas portion can be moved but it's affixed and they put a fence around a slab and put screen panels on and covered it with a patio awning and the ordinance prohibits screen rooms on covered patios within 3 feet. Councilman Fish asked if they can put a 6 feet fence but not an awning. Mr. Karet replied they're not permitted to put a screened Florida Room in that setback and they cited them for violation of encroachment for the awning in the setback and putting in a screen room. Bill Klein, 2910 Needle Palm, member of LDRA, said the attorney stated it's a hardship to have it taken down but they determined he imposed the hardship upon himself. Mr. Hathaway said he was cited for two violations, one for enlarging a non conforming use and when LDRA found the house was situated on the lot the way it was, it closed off that issue and the question of the Florida room was if it's just an awning but they didn't realize they would need a variance. He said they're asking for a variance for 3 foot for the awning and they don't' feel this is structural in nature and it's not permanent and is attached by rope. He added they didn't intend to violate the ordinance and tried to do it the way they felt was the correct way. Councilman Hatfield asked who gave them permission. Mrs. Anita Dwinal said she got her permit for the fence and the lady with initials S.Y. went in the back and looked for the permit for the awning and said she didn't think there's one and when she told her she'd applied for one, she went in the back office again and she could hear a man talking and said you don't need a permit for an awning. Mr. Johnson stated they told her she didn't need a permit and Sherry Young talked to someone in the Building Department who told her they didn't need it but that doesn't give them the right to violate encroaching in the setback. He added the clerk didn't mislead the lady and they didn't need the permit for the awning but it was put within 3 feet into the setback requirements and that's the only problem. Mrs. Dwinal stated she'd filled out an application at the same time as the fence. 11 Council Regular Meeting Minutes March 5, 1990 "w' ,.."" ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued) Attorney William Hathaway's appeal of decision of Land Development & Regulatory Agency to deny variance at 2304 Victory Palm Drive (Continued) Louise Martin, 1409 S. Riverside Drive, member of LDRA, said two points were this is a side setback and it should be 10 feet and with the construction it's 8" and the LDRA felt it could be placed somewhere else. Mayor Mitchum requested a motion to go back to the regular meeting. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 4-0. Public Hearing on request to rezone 1904 S. Riverside Drive from R-l to R-4 - Councilman Hatfield moved they deny the request and uphold the LDRA. Councilman Gold seconded the motion. Motion CARRIED 4-0. Attorney William Hathaway's appeal of decision of Land Development & Regulatory Agency to deny variance at 2304 Victory Palm Drive - Mayor Mitchum stated he agrees with the Code but they're grasping at straws with a concrete slab and a fenced in area and all they're concerned about is putting an awning over that area, and if you take the awning down, it's still there, and he can't see a problem with the canvas. Councilman Fish stated the LDRA should be commended for the job they've done as it was probably a tough decision and they want to work with the people and see how they can allow them what they want within constraints of the Code and they've done that. He noted they went in good faith after being told by a City repre- sentative, and it's probably a miscommunication. He moved they allow these people to keep their awning for a period not to exceed 5 years. Councilman Hatfield stated the City will have to "bite the bullet" because of the Building Director's opinion which he feels was incorrect, and he seconded the motion. Motion CARRIED 4-0. First Reading: Ord. 90-0-7 Amending Code re: tree protection to comply with Volusia County requirements - Mayor Mitchum read this Ordinance. ORD. 90-0-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE IV, "TREE PRESERVATION AND PROTECTION" BY PROVIDING FOR DEFINITIONS; BY PROVIDING FOR REVIEW AND APPROVAL OF DEVELOPMENT SITES BY THE LAND DEVELOPMENT AND REGULATORY AGENCY; BY PROVIDING FOR REMOVAL OF TREES; BY PROVIDING FOR EXEMPTIONS; BY PROVIDING PROCEDURES FOR THE APPLICATION OF TREE REMOVAL PERMIT; BY PROVIDING FOR SPECIMEN TREE PROTECTION REQUIREMENTS; BY PROVIDING FOR AREA TREE PROTECTION REQUIREMENTS; BY PROVIDING FOR RELOCATION OF TREES; BY PROVIDING FOR NATURAL VEGETATION RETENTION AREAS; BY PROVIDING FOR PRESERVATION AND INSTALLATION DURING CONSTRUCTION OR SITE PREPARATION; BY PROVIDING FOR TREE SURVIVAL; BY PROVIDING FOR THE ISSUANCE OF A STOP WORK ORDER; BY PROVIDING FOR PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is first reading. Councilman Fish moved they accept Ordinance 90-0-7. Councilman Gold seconded the motion. Motion CARRIED 4-0. Ord. 90-0-8 Amending Code re: code enforcement citation authority - Mayor Mitchum read this ordinance. ORD. 90-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING A SUPPLEMENTAL METHOD OF ENFORCING CERTAIN CODES AND ORDINANCES; PROVIDING AUTHORITY AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING AUTHORITY TO CODE ENFORCEMENT OFFICERS TO ISSUE CITATIONS FOR CIVIL INFRACTIONS IN VIOLATION OF A CODE OR ORDINANCE; PROVIDING FOR VIOLATIONS; PROCEDURES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish stated they discussed code enforcement earlier and some of the problems with repeat offenders and this will help the Code Enforcement Officer with more teeth in it and he moved they accept 90-0-8. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez was excused and left the meeting at 10:38 p.m. Res. 90-R-7 Appointing one member to Citizen Code Enforcement Board due to resignation of James Norris (Continued from February 5. 1990 meeting) Mayor Mitchum requested nominations. Councilman Gold nominated Mr. Cowan. Councilman Hatfield seconded the nomination. Nomination CARRIED 4-0. Mayor Mitchum read the resolution. RES. 90-R-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL 12 Council Regular Meeting Minutes March 5, 1990 .... ..., ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS (Continued) Res. 90-R-7 (Cont I d) RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He inserted the name of George Cowan for an unexpired term to end August 2, 1991. Councilman Fish moved they accept Resolution 90-R-7. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Res. 90-R-12 Appointing one member to Industrial Development Board due to resignation of Chester Boyce (Tabled February 14, 1990) - Councilman Fish moved to take 90-R-12 off the table. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Councilman Hatfield nominated David Koch who was recommended by the Chairman of the Board. Councilman Fish moved nominations be closed. Councilman Gold seconded the motion. Motion CARRIED 4-0. Mayor Mitchum read the Resolution. RES. 90-R-12 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He inserted the name of David Koch for an unexpired term to end April 8, 1992. Councilman Hatfield moved they accept Resolution 90-R-12. Councilman Fish seconded the motion. Motion CARRIED 4-0. Res. 90-R-13 Appointing one member to Beautification Conmittee due to resignation of Diane Gross (Tabled February 14, 1990) - Councilman Hatfield moved to pull this off the table. Councilman Fish seconded the motion. Motion CARRIED 4-0. Councilman Fish nominated John Gross then withdrew his nomination. Councilman Hatfield suggested they reduce the number on this Committee from 7 to 5 for a better working membership. Mr. Johnson suggested staff could work with the City Attorney to change the resolution. Councilman Hatfield moved they instruct the City Attorney and City Manager to prepare the necessary paper work to change it from 7 members to 5 members on the Committee since it's an ad hoc committee anyway. Councilman Gold seconded the motion. Motion CARRIED 3-1. Councilman Fish voted NO. Res. 90-R-14 Appointing one member to Beautification Conmittee due to resignation of Gloria Fish - Councilman Hatfield moved this be the same as 90-R-13. Council- man Gold seconded the motion. Motion CARRIED 3-1. Councilman Fish voted NO. Res. 90-R-15 Appointing two members to Land Development & Reaulatory Agency due to expiration of terms - Councilman Fish nominated Billy Klein. Councilman Gold nominated Louise Martin. Councilman Hatfield nominated John Wells. Roll call on Billy Klein CARRIED 4-0. Roll call on Louise Martin DID NOT CARRY 2-2. Councilman Hatfield and Mayor Mitchum voted NO. Roll call on John Wells CARRIED 3-1. Councilman Gold voted NO. Mr. Johnson pointed out they're getting more applications recently and held mentioned it when he spoke at Meadow Lake. Mayor Mitchum read the Resolution. RES. 90-R-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE LAND DEVELOP- MENT AND REGULATORY AGENCY OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He inserted the names of Billy Klein and John Wells for terms to end March 7, 1992. Councilman Gold moved for approval of Resolution 90-R-15. Councilman Fish seconded the motion. Motion CARRIED 4-0. Res. 90-R-16 Authorizing appropriate City officials to execute Agreement with James LaRue and York Phillips for professional services related to Comprehensive Plan - Mr. Johnson stated they received a State grant for $21,000 for part of the Comprehensive Plan update and they'd like to hire this firm to work with Mark Karet and also in the development of the land use regulations. He added they'd met with DCA for four hours today and have 45 days or less to respond to all the changes and coordinate them, and Dyer, Riddle has respons ibil ity for some elements and it's staff recommendation this resolution be adopted. Mayor Mitchum read the Resolution. RES. 90-R-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPR-ATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE THE ATTACHED AGREEMENT WITH JAMES G. LARUE AND YORK L. PHILLIPS FOR PROFESSIONAL SERVICES RELATED TO THE COMPREHENSIVE PLAN; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they adopt 90-R-16. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. 13 Council Regular Meeting Minutes March 5, 1990 ~ '-\ ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Mayor Mitchum suggested a motion to go from the regular meeting to the public hearing. Councilman Gold so moved. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. SECOND READING: (PUBLIC HEARING) Public Hearinq on request to rezone 1904 S. Riverside Drive from R-l to R-4 - This item was handled earlier - see pages 9, 10, and 12 of these minutes. Attorney William Hathaway's appeal of decision of Land Development & Requlatory Aqency to deny variance at 2304 Victory Palm Drive - This item was handled earlier - see pages 10, 11, and 12 of these minutes. Ord. 90-0-2 Landscaped screeninq buffer in certain districts when abuttinq a residential use or district - Mayor Mitchum read the Ordinance. ORD. 90-0-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING SECTION 200.00 INTERPRETATIONS OF CERTAIN TERMS AND WORDS; SECTION 606.04 B-5 PLANNED SHOPPING CENTER DISTRICT; SECTION 607.00 I-I LIGHT INDUSTRIAL DISTRICT; SECTION 607.02 1-2 HEAVY INDUSTRIAL DISTRICT; SECTION 607.02 1-3 INDUSTRIAL PARK DISTRICT, BY ESTABLISHING A DEFINITION FOR A LANDSCAPED BUFFER AREA; BY DELETING THE OLD DEFINITION OF BUFFER AND ADDING A NEW DEFINITION OF BUFFER AREAS, AND CHAPTER 14, SECTION 14-77 LANDSCAPED BUFFER AREA, BY REQUIRING THE MAINTENANCE OF A LANDSCAPED BUFFER AREA AND ESTABLISHMENT OF A VISUAL AND NOISE BUFFER AT LEAST SIX FEET ABOVE THE GROUND LEVEL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He asked for audience comments. There were none. Ord. 90-0-3 Creatinq minimum standards for wetlands protection to comply with Volusia County requirements - Mayor Mitchum read the Ordinance. ORD. 90-0-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CREATING SECTION 9.6, ENTITLED "CITY OF EDGEWATER MINIMUM STANDARDS FOR WETLANDS PROTECTION ORDINANCE", BY PROVIDING FOR CERTAIN DEFINITIONS; BY ADDING THE MINIMUM ENVIRONMENTAL STANDARDS FOR WETLAND PROTECTION; BY PROVIDING FINDINGS OF FACT; BY PROVIDING FOR PURPOSE AND INTENT; BY PROVIDING FOR STATEMENT OF JURISDICTION; BY PROVIDING FOR PERMIT REQUIREMENTS; BY PROVIDING FOR PERFORMANCE STANDARDS; BY PROVIDING FOR ENFORCEMENT; BY PROVIDING FOR WETLAND IDENTIFICATION; BY PROVIDING FOR ENVIRONMENTAL PLANNING; BY PROVIDING FOR MITIGATION REQUIRE- MENTS; BY PROV ID I NG FOR BUFFER REQU I REMENTS; BY PROV ID I NG FOR EXEMPTI ONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He asked for audience comments. There were none. Ord. 90-0-4 Amendinq Article III. Stormwater manaqement. to comply with Volusia County requirements - Mayor Mitchum read the Ordinance. ORD. 90-0-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE III, STORM WATER MANAGEMENT OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY PROVIDING FOR INTENT, DEFINITIONS, PERMITS REQUIRED, EXEMPTIONS, GENERAL REQUIREMENTS, SHORELINE PROTECTION, PERMIT APPLICATION PROCEDURES, PERMIT FEES, PLAN ADHERENCE, MAINTENANCE, ENFORCEMENT, PENALTIES, VARIANCE PROCEDURES, EMERGENCY EXEMPTION, AND VESTED RIGHTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He asked for audience comments. There were none. Ord. 90-0-5 Amendinq Section 2-26 "0rder of Business" by amendinq aqenda format for six months - Mayor Mitchum read the Ordinance. ORD. 90-0-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 2-26 "0RDER OF BUSINESS" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING THE AGENDA FORMAT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He asked for audience comments. There were none. Ord. 90-0-6 Amendinq Appendix A. Zoninq, Section 607.00 (b) by allowinq liqht manufacturinq as permitted use in 1-1 district - Mayor Mitchum read the Ordin- inance. ORD. 90-0-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 607.00(b) LIGHT INDUSTRIAL DISTRICT OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ALLOWING LIGHT MANUFACTURING AS A PERMITTED USE IN THE I-I DISTRICT; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments. There were none. 1~ Council Regular Meeting Minutes March 5, 1990 .' . Y' " ~. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) SECOND READING: (PUBLIC HEARING) (Continued) Councilman Fish moved to go back to the regular meeting. Councilman Gold seconded the motion. Motion CARRIED 4-0. Ord. 90-0-2 - Councilman Gold moved for approval of Ordinance 90-0-2. Councilman Fish seconded the motion. Motion CARRIED 4-0. Ord. 90-0-3 - Councilman Fish moved they accept 90-0-3. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Ord. 90-0-4 - Councilman Hatfield moved they accept 90-0-4. Councilman Gold seconded the motion. Motion CARRIED 4-0. Ord. 90-0-5 - Councilman Fish moved they accept 90-0-5. Councilman Hatfield seconded the motion. Motion CARRIED 3-1. Mayor Mitchum voted NO. Ord. 90-0-6 - Councilman Hatfield moved they accept 90-0-6. Councilman Fish seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS Public Works Director's recommendation to award bid for resurfacing Riverside Dr. from SR 442 to Park Ave. and Flagler Ave. from 12th St. to Park Ave. to Martin Pavin Com an - Mr. Johnson stated the recommendation is the bid be awarded for 111,185.96. Mayor Mitchum asked if it1s budgeted. Mr. Johnson replied yes, and what1s left will probably be used for India Palm. Councilman Hatfield moved they accept the recommendation of the Public Works Director and award the bid to Martin Paving Company. Councilman Gold seconded the motion. Motion CARRIED 4-0. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had left the meeting earlier. City Manager - Mr. Johnson stated they'd met with DCA today and they'll be coming back shortly with the types of things they need to be aware of. Mr. Johnson stated the lady from Para Palm and Chief Vola have worked out an agreement, she has a contractor to correct the deficiencies and a memo will come. City Council - Councilman Hatfield asked about repairs to Kennedy Park ramps. Mr. Johnson stated they should start shortly and be within the next three months. ADJOURN Mayor Mitchum suggested a motion to adjourn. Councilman Fish so moved. ;~;~:;;::;~;;;:e:e:::ded the motion~~~~t ~p.m. MAYOR ~~ i2d~~ ) EXCUSED COUNCILMAN - ZONE THREE 7~,* ~ COUNCILMAN - ZO E OUR ATTESTJ~!. ~ CITY CLE K ~ Approved th i s 19 day of ~ch .~_ A!v4P4- . MAYOR }5 Council Regular Meeting Minutes March 5, 1990