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01-11-1989 - Regular 'W' ..""", CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 11, 1989 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:00 PM in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish Present Present Present Present Present City Attorney Jose' Alvarez City Manager William Powers Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of December 19, 1988 - Councilwoman Bennington moved they accept these minutes. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. CONSENT AGENDA Final change order - repainting and rehabilitation of elevated water storage tanks; City's appointment to Volusia Growth Management Commission; City's representative to Metropolitan Planning Organization; Request to purchase pick- up trucks on State bid - Field Operations Department; Council meeting schedule due to holidays; By-Laws of Screening Committee - Mayor Mitchum asked if anyone wanted to remove an item from the consent agenda. There were no requests. He then requested a motion to close the consent agenda. Councilman Fish so moved. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilman Hatfield moved to accept. Councilman Fish seconded the motion. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS First Reading: Ord. 88-0-32 Amending Sect. 606.04, B-5 Planned Shopping Center District - City Attorney Alvarez read this Ordinance. ORD. 88-0-32 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 606.04(d)"B-5 PLANNED SHOPPING CENTER DISTRICT" OF THE CODE OF ORDINANCES OF THE CITY OF EDGE- WATER, FLORIDA, BY ALLOWING INDOOR FLEA MARKETS AS A SPECIAL EXCEPTION IN B-5, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is first reading. Councilman Hatfield moved to accept Ordinance 88-0-32. Councilman Fish seconded the motion. Motion CARRIED 5-0. Ord. 89-0-1 Amending compensation for Mayor and Council Members - Councilman Fish stated he felt this ordinance was brought about based on emotion rather than facts and there wasn't enough data available to make the decision. He stated he'd talked with people in the community and they felt this reduction is not necessary and they aren't overpaid at the current pay. He moved that this Council reject this Ordinance 89-0-1. Councilwoman Bennington seconded the motion. Motion CARRIED 3-2. Mayor Mitchum and Councilman Hatfield voted NO. Councilwoman Bennington moved they turn this over and it would be incorporated to the Charter Review Committee in their review and put to the vote of the people. Councilman Fish seconded the motion. Motion CARRIED 3-2. Mayor Mitchum and Councilman Gold voted NO. 'W' ...., ORDINANCES AND PUBLIC HEARINGS (Continued) First Reading: (Cont'd) Mayor Mitchum stated there was an addendum to the agenda. Ord. 89-0-2 Amendment to City of Edgewater Comprehensive Plan - City Attorney Alvarez read this Ordinance. ORD. 89-0-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO ~163.3l84, FLORIDA STATUTES, ADOPTING AN AMENDMENT TO THE CITY OF EDGEWATER'S COMPRE- HENSIVE PLAN; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is first reading. Council- man Gold moved they accept Ordinance 89-0-2. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mayor Mitchum suggested a motion to go from the regular meeting to the Public Hearing. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Second Reading (Public Hearings): Ord. 88-0-30 Annexing portion of Ranken property east of U.S.l and north of Edgewater Landing - City Attorney Alvarez read this Ordinance. ORD. 88-0-30 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED EAST OF U.S. 1, BETWEEN RANKEN DRIVE AND ROBERTS ROAD, EDGEWATER, FLORIDA, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is second and final reading. Mayor Mitchum asked for public input. Mike McGhee, Woodland Drive, expressed concern for the provision of services to this annexed property, and the low amount of taxes they'd probably pay. He stated that annexation is spotty with some properties being skipped over to annex this to Edgewater Landing. He suggested they wait until they can provide more services. Attorney Mary Hansen, of the Owens and Storch law firm, stated this underwent strict scrutiny of the LDRA and they approved it and this isn't the taxpayer paying for the services but the developer will pay the fees for connection, extension, and upsizing to serve the property. Councilman Hatfield asked how soon this will be developed and Attorney Hansen replied 18 months to 2 years, or perhaps sooner, and they have to go through the City's permitting processes and the amendment to the Comprehensive Plan. George Angleton, married to Doris Ranken and a co-owner, stated that in the near future they'd expect to request more property annexation. Norm Billups, 1860 Pine Tree Drive, suggested a bond be posted before they develop in that direction. Ord. 88-0-31 Amending Sect. 7-2l.l(b) re: building permit fees for street lighting system - City Attorney Alvarez read this Ordinance. ORD. 88-0-31 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 7-21.l(b) "ADDITION TO BUILDING PERMIT FEE FOR STREET LIGHTING SYSTEM" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY PROVIDING ADDITIONAL METHODS FOR EVALUATION; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is second and final reading. Mayor Mitchum asked for public input. There was none. Mayor Mitchum suggested a motion to close the Public Hearing. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 4-1. Councilman Hatfield voted NO. Ord. 88-0-30 - Councilman Fish moved to adopt Ordinance 88-0-30. Councilman Hatfield seconded the motion. Councilman Gold asked if the City has to provide the services when they request it or if they have to wait until the City is able. Mayor Mitchum replied there's no obligation on the City's part. Motion CARRIED 5-0. Ord. 88-0-31 - Councilwoman Bennington moved they accept the ordinance. Councilman Fish seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes January 11, 1989 ...,. ..."" UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. ~ NEW BUSINESS Background investigation - City Manager - Councilwoman Bennington stated that the Chief provided the three recommendations they requested and she moved they authorize the Mayor to meet with the #1 choice, Professional Investigative Associates, and set up the necessary whatever it is they need. Councilman Fish questioned where the $700 or $800 would come from and Councilwoman Bennington replied it could be $1,000 at the most and there's money in Council's budget they could use. Councilman Gold questioned if it's feasible to spend this money. He suggested they could follow up by telephone with a previous employer as to the background check they'd done. Mayor Mitchum suggested in fairness to the City and the City Manager, they should not contact former employers and people he worked with. Council- woman Bennington pointed out they'll be held responsible for approval or disapproval of William Powers as their City Manager and she doesn't feel this expense is excessive. Councilman Fish seconded the motion. Motion CARRIED 3-2. Councilman Hatfield and Councilman Gold voted NO. Rezoning of Ranken property - Councilwoman Bennington moved they authorize the City Attorney to draw up the necessary ordinance. Councilman Fish seconded the motion. Councilman Hatfield asked if they could leave it as R-3 zoning. City Attorney Alvarez replied they'd have to amend the MH-2 with the type of development and the size of the lots and the prefab homes they use. Mayor Mitchum pointed out this will have first and second readings and public hearings. City Attorney Alvarez noted that it has to go to Tallahassee and Volusia County Growth Management Commission and it will be about 4 months before it comes back to Council. Motion CARRIED 5-0. Request for paint production in 1-2 district as special exception - Councilman Fish stated that Coronado Paint is there now and if there were a fire, they wouldn't be able to rebuild under the current ordinance. He moved they be allowed to be there as a special exception and they accept this recommendation. Councilman Gold seconded the motion. Councilwoman Bennington asked if it will go to the City Attorney for a draft and Mayor Mitchum replied yes. Mr. Powers read his Request for Council Action dated January 5, 1989, which recommended the Land Development and Regulatory Agency recommendation to amend the zoning text to allow paint production in the 1-2 zoning district be allowed as a special exception. Motion CARRIED 5-0. Restaurants in I-I district as permitted use - Mr. Powers read his January 5, 1989, Request for Council Action, which recommended the Land Development and Regulatory Agency's recommendation that restaurants be permitted in the I-I zoning district. Councilman Gold moved they accept the recommendation. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Request to consider annexation/rezoning petition - Howard L. Hood - Mr. Powers read his January 5, 1989, Request for Council Action. Mayor Mitchum pointed out this is not a public hearing but Charles Engle has asked for an opportunity to speak. Charles Engle, 314 Carol Ann Drive, stated that all the Carol Ann Drive residents were in the audience, and he's lived there for 10 years. He stated they have a water problem there and have had to bailout water now with heavy rains. He said there will be about 180 people coming out onto Park Avenue which will be a traffic burden and a hazard for the park. He stated he had no objection to the Hoods' annexing into the City but they shouldn't break up Park Avenue Estates as it's recorded in the County. Mayor Mitchum stated he's heard conflicting reports from LDRA and the staff and he requested they TABLE this until they've all had an opportunity to go out there and to discuss it with staff and LDRA and the people involved. Councilman Hatfield so moved. Councilman Gold seconded the motion. Motion CARRIED 3-2. Councilman Fish and Councilwoman Bennington voted NO. Mayor Mitchum pointed out when this comes back it will require first and second readings and public hearings and that will be the time to voice their opinions. Councilwoman Bennington questioned where the idea originated that it was a 40-unit apartment complex. -3- Council Regular Meeting Minutes January 11, 1989 ~ ,... ...., CITIZEN COMMENTS Mrs. Hood stated she'd never seen the petition and their request isn't being heard. Mayor Mitchum explained he wanted to give the request some thought and this doesn't kill the request. Cary Koskinen, 313 Carol Ann Drive, stated everyone on Carol Ann is against it and they don't want that type of spot zoning in their neighborhood. He referred to the previous water problems there and in Wildwood. He asked that they vote against this as the Regulatory Board did. Bob Small showed some snapshots of the flooding in that area and stated that if they develop any more, there will be a problem. (Carol Ann Drive) COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. City Manager - Mr. Powers had no report at this time. City Council - Councilman Fish stated that over the holidays he visited the City's departments and he noticed that there's not an ordinance to indicate closing times for City parks. He suggested a closing time might help reduce vandalism and would be a tool for the Police officers. He added that it might also help reduce the sale of drugs to our children. He moved they have the Attorney draw up an ordinance that would be amicable to both the Parks and Recreation Department and Police Department, soemthing that would be flexible enough to allow each individual park to have a separate closing, if necessary. Councilman Hatfield suggested they do a study and have Parks and Recreation bring it up. Mayor Mitchum agreed it should go to Parks and Recreation to bring a recommendation back. Councilman Fish amended his motion to make that request of the Parks and Recreation Board. Councilman Hatfield seconded the motion. Councilwoman Bennington stressed they have to look at the enforce- ment. Mayor Mitchum asked if he wants to include that in his motion and Councilman Fish replied yes. Councilman Hatfield agreed as the second to the motion. Motion CARRIED 5-0. QUESTIONS FROM PRESS There were no questions from the press. ADJOURN Mayor Mitchum suggested a motion to adjourn. Councilwoman Bennington seconded the motion. Councilman Hatfield so moved. Meeting was adjourned at 7:49 PM. Minutes submitted by: Lura Sue Koser OUNC 0 / ...~ c~~~t~ Z~~~REE 7 f7J::.~ .4 ~t:7- COUNCILMAN - .....ZONE FOUR ATTEST: -/"":4_/ *f2/ ,/ this (. day of -~ ~lItftX-- -4- Council Regular Meeting Minutes January 11,1989