Loading...
02-15-1989 - Regular .,.. ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 15, 1989 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:00 P.M. 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 R. Miracle, Friendship Baptist Church, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Minutes from the prior meeting had not been transcribed at this time. PROCLAMATION - "65 ROSES BREATH OF LIFE BIKEATHON DAY" Mayor Mitchum read the proclamation and presented it to Cystic Fibrosis Chairman Larry Perkins. Mr. Perkins announced this is the 13th year and invited everyone to participate. He said they're getting national recognition from Cystic Fibrosis headquarters. CONSENT AGENDA East Volusia Mosquito Control District's request for low level spray flights; road resurfacing bids; Increase in base pay for Public Works Superintendent; Interlocal Agreement for fire and/or rescue services within Volusia County, and Amendment - Councilwoman Bennington asked to remove items B., Road Resurfacing bids, and D., Interlocal Agreement with Volusia County re: Solid Waste Manage- ment/recycling program. Councilman Fish moved to close the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Councilman Fish moved to accept the consent agenda. Councilman Gold seconded the motion. Motion CARRIED 5-0. Road resurfacing bids - Councilwoman Bennington asked if prior Council had approved this in the budget with the exception of the bump on 30th. Mr. Powers agreed that's correct. Councilwoman Bennington asked if the bids will determine how much they pave. Mr. Powers replied they budgeted for the amount of lineal feet. Councilwoman Bennington asked if any will be affected by CIP with the resurfacing. Mr. Powers replied no, they won't be disturbed. Councilwoman Bennington moved they accept the City Manager's recommendation of alternative 1 and go out for bids. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Interlocal Agreement with Volusia County re: Solid Waste Management/recycling program - Councilwoman Bennington questioned why they would sign this agree- ment if they only get $1.56 per person. She suggested the City set an example and set up recycling for the City complex itself and work the bugs out so when they go to the public as per State mandate, they'll have some of the problems worked out. Mr. Powers explained it's being funded by different mechanisms from the State with some of the fees for tires going to landfills and other costs will come back to the City through this grant. He added that in order to receive any money, the City has to be a participant through the Interlocal Agreement so it would be in the best interest to participate. He agreed they could initiate an in-house recycling. He said they're looking at and discussing the concept of a centralized recycling for motor oil and to go to recycling plastics and aluminum cans and papers. Councilwoman Bennington moved to go ahead and sign the Interlocal Agreement. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilman Fish and Mayor Mitchum agreed with in-house recycling. ... ...... ORDINANCES AND PUBLIC HEARINGS First Reading: Ord. 89-0-7 Annexation of Carson and Hall properties, Alamanda Drive - City Attorney Alvarez read this Ordinance. ORD. 89-0-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT ALAMANDA DRIVE SOUTH OF MYRTLE AVENUE, 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 first reading. Councilman Fish moved they approve and accept Ordinance 89-0-7. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Res. 89-R-2 Appointing one member to Merit Board (Tabled February 6, 1989)- Councilwoman Bennington moved to take Resolution 89-R-2 off the table. Councilman Gold seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez read Resolution 89-R-2. RES. 89-R-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He inserted the name of Darlene Vann for an unexpired three-year term to end June 3, 1989. Councilwoman Bennington stated that she'd talked with Ms. Vann and with the other applicant, Marvin Owens, and reviewed their appli- cations and was impressed with both but felt Marvin Owens had more experience in this area and Ms. Vann's application could be turned over to the Charter Review Committee for consideration. Councilwoman Bennington moved they appoint Marvin Owens to the Merit Board in place of Darlene Vann and that Darlene Vann's application be turned over to the Charter Review Committee. Councilman Hatfield seconded the motion, and noted that Marvin Owens has worked for the City of Edgewater and is now working for the City of Daytona Beach and is familiar with City government. Mayor Mitchum agreed he'd be a good choice. Motion CARRIED 5-0. Councilwoman Bennington stated that Darlene Vann had never been advised she was being recommended to Council and that the reso- lution was being heard. She apologized to Ms. Vann for the City. Mayor Mitchum said they'll instruct the City Clerk to notify people of their status when they're recommended. Res. 89-R-5 Amendment to Agreement with Dyer, Riddle, Mills & Precourt, Inc. re: stormwater utility feasibility study - City Attorney Alvarez read this Resolution. RES. 89-R-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE AMENDMENT NO. 1989-1, "ENGINEERING SERVICES ASSOCIATED WITH CONDUCTING A STORMWATER UTILITY FEASIBILITY STUDY FOR THE CITY OF EDGE- WATER" WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved they accept Resolution 89-R-5. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Res 89-R-6 Amendment to Agreement with Dyer, Riddle, Mills & Precourt, Inc. re: design and construction management of western water treatment plant - City Attorney Alvarez read this Resolution. RES. 89-R-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE AMENDMENT NO. 1989-2, "ENGINEERING SERVICES ASSOCIATED WITH DESIGN AND CONSTRUCTION MANAGEMENT OF THE WESTERN WATER TREATMENT PLANT FOR THE CITY OF EDGEWATER" WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved they approve Resolution 89-R-6. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. -2- City Council of Edgewater Regular Meeting Minutes February 15, 1989 .-.. ...,.. UNFINISHED BUSINESS (Continued) Res. 89-R-7 Requesting unexpended funds of Ponce De Leon Port Authority be returned to jurisdictions where received - City Attorney Alvarez read this Resolution. RES. 89-R-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ED GEWATER, FLORIDA, REQUESTING THAT THE VOLUSIA COUNTY COUNCIL ALLOW THE UNEXPENDED FUNDS OF THE PONCE DE LEON PORT AUTHORITY BE RETURNED TO THE JURISDICTION FROM WHICH RECEIVED; REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept Resolution 89-R-7. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mayor Mitchum called a 5-minute recess at 7:30 P.M. He called the meeting back to order at 7:36 P.M. NEW BUSINESS Appeal by Norman Roberts re: LDRA decision on SP-8820, formerly SP-8704, shops/offices/miniwarehouses on Hibiscus Drive - Mayor Mitchum announced they requested to TABLE this until March 6th. City Attorney Alvarez agreed. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Request for vacating portion of Coco Palm - Mr. Powers read his February 10, 1989, Request for Council Action which listed six reasons for Council to consider denying the Land Development and Regulatory Agency's recommendation to vacate this property. Norman Cox, 3204 Umbrella Tree, owner of property at 2055-2057 Guava Drive, stated he wants the vacation of Coco Palm Drive directly behind his Guava Drive property. He stated that when he bought the land he was under the impression it was buildable but found out later it's not. He said the property is half a road and is 25 to 30 foot and he wants to vacate that section and will put in writing a guarantee to the City he'll never block that portion and the City can use it with no questions asked. He stated that he wants to build a two-car garage. Mayor Mitchum asked if it's an addition to his home. Mr. Cox replied he has duplexes rented and there are no parking facilities except on the vacant lot and has a 30' motor home and two vehicles with no place to park. He said he requested a variance for one corner,was told no, and was told to apply for a vacating of the property. He said he's talked with the City Attorney about this and some people think there's water manage- ment involved. He said he had maps and drawings of the property and they'll not have any blockages. Mayor Mitchum asked how far the garage will set back and Mr. Cox replied to the property line and won't go on City property at all. Mayor Mitchum asked if the 25 feet would still be there and Mr. Cox replied yes plus 15 additional feet and he'll have it drawn up and put it legally into deeds that it will never be blocked or barricaded and can be used by the City at any time. Mayor Mitchum asked Mr. Gerry Hartman, Dyer, Riddle, Mills & Precourt, Inc. engineer, if he's familiar with it. Mr. Hartman replied not until tonight and he doesn't know about stormwater need there but from a utility standpoint they would want the easement because a pipe would possibly go through. He added that he's not a traffic engineer and can't comment on the road. He noted that it's unfortunate a variance wasn't granted. Mayor Mitchum questioned why a variance wasn't granted if it's abutting to the property line. City Attorney Alvarez pointed out then they'd have to grant a variance to anyone who wants to build to the property line and would have no side lines. Nancy Blazi, LDRA Chairman, stated the variance wasn't granted because of what the Attorney said and they didn't feel there was a financial hardship and they recommended vacating because he wanted it for setback purposes and was willing to sign over use of the right of way and the City wouldn't suffer. She noted they'd maintain access to the ditch. Councilwoman Bennington asked if he's the owner and Mr. Cox replied he's the owner but has put it up for sale and has a buyer but it's not sold until this question is settled. Councilwoman Bennington asked if he had a contract for sale when he went to LDRA the second time. Mr. Cox replied not the first time. -3- City Council of Edgewater Regular Meeting Minutes February 15, 1989 ~ ...... NEW BUSINESS (Continued) Request for vacating portion of Coco Palm (Cont'd) - Councilwoman Bennington questioned how he can guarantee it if he sells it and Mr. Cox replied it will be written in and attached to the deed. City Attorney Alvarez agreed it could be a covenant with the land. Mayor Mitchum asked if he can sell the property without the garage. Mr. Cox replied he wanted to do it before he put it on the market and went to the expense of the blueprints and drawings and the owners said he'd like to do the same thing if it can be done and that's why he carried through with it. Mayor Mitchum asked if the contract will be void if he doesn't get it and Mr. Cox replied he's not sure. Mayor Mitchum asked the financial involvement if the contract hinges on whether they get this or not. Mr. Cox replied not at this time and it won't make any difference whether the man takes it or not. Mayor Mitchum requested City Attorney Alvarez's input. City Attorney Alvarez explained that Mr. Cox came before the Planning and Zoning Board requesting a variance to build his garage zero lot line concept and a variance couldn't be granted because it has to be a hardship not to the making of the applicant and he doesn't have to build a car port. He said that inasmuch as half of the road is being used for a drainage ditch already Mr. Cox was advised he could apply to vacate that half of the road. He noted that he applied and there was a hearing and the vacating was recommended to Council. He referred to the changes with administration and from Planning and Zoning to LDRA. He pointed out that the City Manager's philosophy is not to vacate any types of right of way but in the past the City has vacated rights of way. He stated that Norman Cox entered into this contract after he received approval of the LDRA but wasn't aware that this was contingent on Council because only Council can vacate a right of way and it's a lengthy procedure. He noted that it went again to the agenda of LDRA and his advice to LDRA was to send it again to Council because LDRA had recommended vacating it and the man had entered into a contract and he didn't want LDRA to be in the position of potential liability. He pointed out Council's decision is final and they should balance two interests, one if the City will continue vacating rights of way or not. He suggested adopting a policy that applies equally to everyone so there won't be an equal protection problem, and to adopt it tonight. He pointed out that if they're going to grant this request, it should be done so the City's use of the right of way will be preserved because normally when you vacate, it's one-half to each of the abutting property owners. He added it will be a perpetual ease- ment for whatever purpose they deem necessary. He stated Council has three things to consider: 1) General philosophy the Manager will put before them tonight; 2) Norman Cox's process through the system and his patience and cooperation; and 3) If they want to proceed in the vacating that the City be protected as long as Norman Cox owns the property and any subsequent owners. Councilwoman Bennington stated he's asking for vacation because he asked for a variance and was denied and didn't have any grounds for a variance. City Attorney Alvarez pointed out that in the past they've vacated rights of way and the benefits were financial gain of property owners and they have to apply a rule that's equal to everyone. Mr. Powers stated that when a municipality has property, unless it's to the benefit of the municipality, he believes they should maintain control of the property. He reviewed the prior presentation of the policy which was referred to LDRA and they stated they like the policy as it is now which is handled on a case by case basis. He suggested Council establish a policy not to vacate any additional property unless it's a direct benefit to the City and that may stop the equal treatment argument in the future. City Attorney Alvarez agreed and the City would have to initiate the vacating for the benefit of the public. Councilwoman Bennington stated she doesn't want a policy of arbi- trarily vacating lands but would go along with vacating this with conditions Mr. Cox set up only because of bouncing it around so long and being told so many things by so many people. Mayor Mitchum asked that if the motion is for approval that it stipulate they give complete control of that easement just like we owned it. Mr. Cox agreed and asked that it be drawn up or approved by the City Attorney. Councilwoman Bennington moved they approve the vacation and with the conditions that the Mayor had just stated. Councilman Hatfield seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO. -4- City Council of Edgewater Regular Meeting Minutes February 15, 1989 ..... ..." NEW BUSINESS (Continued) Request for vacating portion of Coco Palm (Cont'd) City Attorney Alvarez asked about establishing a policy regarding vacating of rights of way by resolution to give direction to the City Manager and LDRA and the rest of the staff so everyone knows the policy. Mrs. Blazi stated LDRA approves of a solid policy of Council regarding vacations of any kind. Mayor Mitchum requested a motion to that effect. Councilman Gold moved they establish a policy of no more vacating of rights of way unless it's for the benefit of the public at large. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Appeal of LDRA decision re: variance request at 515 North Ridgewood by W. L. Perry - City Attorney Alvarez reviewed the appeal process and noted that Attorney Hall is present. Mr. Powers read his February 10, 1989, Request for Council Action. Bill Perry, Neptune Lounge, 515 N. Ridgewood, showed prints of his project and said his intent is to change a liquor lounge into a restaurant. He said he went through site plan approval procedures and it was stated that he needed a variance because being a corner piece of property would require a 25 foot side setback line. City Attorney Alvarez asked who told him he needed a variance and Mr. Perry replied it was everyone at the manage- ment board. Councilwoman Bennington asked when this was and Mr. Perry replied it started for him November 15th and the board's meeting was in December. He stated he was told to come back and ask for a variance and he was under the impression it was a procedural thing that he had to ask for and then in January it was denied. City Attorney Alvarez asked the expenses incurred when he was given the impression it was just a matter of going through the procedures. Mr. Perry replied he had to pay a $75 fee and hired an engineer to make the drawings and applied for a building permit. Council- woman Bennington asked if that was before or after, and Mr. Perry replied it was before he went to the board. Nancy Blazi, LDRA Chairman, stated there was a lot of discussion but in the end they took the advice of the City Planner. Mayor Mitchum pointed out it was a vote of 6-0. City Attorney Alvarez stated this situation is where an individual was given the wrong advice because a variance can't be granted under the circumstances that Mr. Perry was applying for, and a variance isn't to be granted to solve problems and accommodate individuals. He said he was advised to apply for a variance and relied on that advice and isn't entitled to it, but the legal argument can be made that because a City official and the board went along with it, he has acquired some type of vested right even though to begin with he was not entitled to it. He suggested they consider two issues: 1) If the Council feels in his situation he was misled, and 2) A clear directive that when someone approaches a City official with a problem, they don't just tell them to get a variance, as that has to stop. Mr. Perry said he was told there were 5 criteria he had for the variance and he thinks he met them and answered there were statements from department heads with all but approval of the variance. Councilman Hatfield asked about the building permit and Mr. Perry replied he has one to remodel. Councilman Hatfield asked if the variance was for the cooler. Mr. Perry clarified he was asking for a variance to build a structure to house the walk in cooler, and he'll enlarge the kitchen. Council- woman Bennington asked if he has a building permit for this and Mr. Perry replied no, he has it for the inside. Mr. Perry stated other businesses have received a variance for the same situation and the City has added on to non- conforming, and he thinks this is an extreme hardship. Councilman Fish asked how far he'll go into the 25 feet and Mr. Perry replied he wants to take the north wall back a few feet, not go to the street with the 25 feet. Councilman Fish asked if he'd meet the rear setback and Mr. Perry replied yes. to meet to qualify them correctly and Utilities recommendirig -5- City Council of Edgewater Regular Meeting Minutes February 15, 1989 ..... ..,., NEW BUSINESS (Continued) Appeal of LDRA decision re: variance request at 515 North Ridgewood (Cont'd) Mr. Perry stated he had plans drawn up and went to the Building Department and they said it would have to go before LDRA for site plan approval and it was then mentioned it may require a variance. Councilwoman Bennington asked if the Building Department told him that. Mr. Perry replied yes, and he went to LDRA and was denied and told he had to go through a variance procedure and he paid another fee and then was told to go before Council. Councilman Fish stated he understood all that Mr. Perry has gone through and even though this is a non-conforming structure and he will increase it, but because he slipped through the crack, they should grant Mr. Perry's request and he made that a motion. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington stated she voted yes reluctantly. Mayor Mitchum suggested they send this to the City Attorney for a resolution to give employees guidelines so there won't be loopholes for people to get through. Councilwoman Bennington pointed out there's a Code that outlines specifically how a variance can be granted. Councilman Hatfield suggested that at the next meeting they schedule a workshop. City Attorney Alvarez stated that all that is needed is a statement of those in charge of adminis- tering the Code and enforcing our ordinances that variances are not to be used except as they are outlined in the Code and for the purposes outlined in the Code. Mayor Mitchum agreed with Councilman Hatfield that a workshop is needed. Deferred Paving Agreement - LDRA recommendation - Mr. Powers read his February 9, 1989, Request for Council Action that concurred with LDRA's recommendation to stop issuing deferred paving agreements. Councilman Hatfield moved they accept the recommendation of the LDRA and stop issuance of the deferred paving agreements. Councilwoman Bennington seconded the motion. Mayor Mitchum reviewed his previous experience that brought about the agreement. City Attorney Alvarez asked the reason for this recommendation from LDRA and Mayor Mitchum replied all these things will coincide with the CIP. Nancy Blazi, LDRA Chairman, stated the problem was stormwater managment wasn't handled and some were automatically coming in for it and it needs to be stopped and the City will catch up. Norman Roberts, Riverside Drive, owner of property on Hibiscus, asked how this will affect the building there now. Mayor Mitchum replied those that signed the waiver will be required to pave when the street is paved and they can't require anything before this ordinance is executed. Motion CARRIED 5-0. Request to open end of Yule Tree Drive - Mr. Powers read his February 9, 1989, Request for Council Action recommending providing the property owner with driveway access across 85' of Yule Tree Drive to 35th Street. Mayor Mitchum recommended they TABLE this for the City Manager and City Attorney to look at this as he has some questions and they could table it to the next Council meeting. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Citizens Advisory Committee, Metropolitan Planning Organization - Mr. Powers read his February 9, 1989, Request for Council Action that recommended an appointment be made. Councilman Hatfield asked if Mr. McClain would serve and Mr. McClain declined. Mayor Mitchum nominated Dominick Fazzone. Council- man Gold seconded the nomination. Councilman Hatfield moved to appoint Dominick Fazzone. Councilman Gold seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Norman Billips suggested they extend the pier for Veterans Park, and asked that contributions be made for the memorial. -6- City Council of Edgewater Regular Meeting February 15, 1989 ...,. .... CITIZEN COMMENTS (Continued) William Ames, representing Trade Center/Indoor Flea Market, asked Council to extend his occupational license for a period of time sufficient enough to allow the internal and staff problems taking place with the City and themselves to be resolved. Councilman Fish moved they grant him a temporary license retroactive to 12 midnight February 10th and to extend it to such time as a final recommendation is brought before this Council. Councilman Hatfield seconded the motion. Councilwoman Bennington questioned why they didn't go before LDRA earlier based on the approval of the ordinance at second reading since it was unanimously approved at first reading. She pointed out they opened without a license and defied our letter advising them the license had expired. She noted that the Mayor or Vice Mayor could have called an emergency meeting to include it but that wasn't done. Mayor Mitchum asked if he'd made every attempt to stay within the time table and Mr. Ames replied yes, and the former Planner said his permit would be at the next Council meeting and then he had to go to LDRA, and he doesn't know what else he could have done. Mr. Powers pointed out that LDRA recommended he do whatever was legal to extend the license. He added that he did consult with the City Attorney and followed his advice, and an emergency meeting is not normally called for issuance of a temporary license. Motion CARRIED 4-1. Council- woman Bennington voted NO. Darlene Vann, 1202 Indian River Boulevard, asked when Council will set down rules and powers of the Council and the City Manager so the community will know who to go to. Mayor Mitchum replied that's under Council Reports. Ken Winter, Marilyn Drive, asked about paving of Turgot Avenue. Mr. Powers replied they've researched the cost of maintenance of Turgot and it's an annual cost of $2,565 and they're planning to get cost estimates for a 24 foot wide paved surface on Turgot from U.S. 1 to the canal, which is the City's portion. He added that he'll have the figures for the next meeting. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. City Manager - Council meetings with advisory boards - Mr. Powers stated that the Industrial Development Board would like to meet with Council on Thursday, March 2nd, at 7:00 P.M., and the meeting with the Fire Chief and representatives should be worked around the Chief's schedule, but they'd like to meet before the March 6th Council meeting. He stated they also need to draw up procedures for applications for advisory boards. Mayor Mitchum suggested the City Manager make changes on the application form he'd seen and present it to Council to study. City Attorney Alvarez pointed out that there were certain rules and procedures adopted when the Screening Committee was established and it was a separate resolution from the one that was just repealed so the other reso- lution will need to be repealed if there's a change. Mr. Powers pointed out they need action before the second meeting in March due to expirations of members terms. Mayor Mitchum suggested copies of the application form and the resolution be presented at the workshop, as the Council is now the screen- ing committee. Mr. Powers stated that on February 13th he received a February 9th letter from Donnie Williams advising that Alamanda Drive is a City street in poor condition and that it's a safety hazard. He pointed out staff never opened that road and Council didn't authorize the opening of the road but there's a business with egress to Alamanda. He said they considered additional parking for the Library using some of that right of way but the final decision is that the City can acquire additional parking spaces that will more than meet the minimum requirements for parking for that structure but in order to do that they need to consider vacating in the public interest Alamanda Drive and the driveway for the Library would be as it is now and not on 442. He suggested they consider this and bring it back to the next meeting rather than upgrading Alamanda as it is now and in the future have lost that 25 feet, as it could be used for additional parking under the new concept. Mayor Mitchum reviewed his concern that they were opening a platted street for private enterprise. Mr. Powers pointed out it hadn't been used as a street for 30 years. Mayor Mitchum asked that it be brought back to the next meeting with a drawing. -7- City Council of Edgewater Regular Meeting Minutes February 15, 1989 ~ .""" COUNCIL/OFFICERS REPORTS (Continued) City Council - Councilwoman Bennington spoke on the problems of Shangri-La Subdivision and said she had a partial list of correspondence with contra- dictory letters from Briley, Wild and Gerry Ferrara regarding the status of the drainage and streets. She asked Council to take action before they end up in a lawsuit over it. She suggested the City Attorney review it and then if Mr. Coleman is building something where the roads and drainage aren't ade- quate, then they need to address that. Councilwoman Bennington moved they have the City Manager and City Attorney and she meet with the Directors of the Homeowners Association to see what they can do and how they can proceed with that problem. Mayor Mitchum suggested it be reviewed first. Council- woman Bennington restated her motion that the City Attorney review this package along with the City Manager and bring it back to Council by the next meeting as to what they need to do or how they can help these people with this problem. Councilman Hatfield questioned the time frame and Councilwoman Bennington changed it to the second meeting in March. Councilman Hatfield seconded the motion. City Attorney Alvarez stated a good builder built this subdivision and some firms approved the design and engineers said it was incorrect according to drainage, and there's a question that the solution is to tie everyone up in court. He said the other solution is with the CIP for the drainage. Councilwoman Bennington stated that CIP won't take care of the entire problem because the City's never accepted the streets and drainage and they have the recommendation from the engineers. City Attorney Alvarez pointed out that if drainage is corrected, there's no problem with accepting it. There was discussion about taxpayers paying for developers or engineers mistakes. Gerry Hartman, Dyer, Riddle, Mills & Precourt, Inc., stated they presented corrections to the drainage problems and the corrections would be paid for through assessments and not necessarily City-wide, but the City will help them pay through low cost programs and it could be financed over a long period of time. City Attorney Alvarez pointed out that any causes of action expire after 4 years and this was from 1981 and the CIP is recognizing that developments took place without providing proper infrastructure. He recommended they could look at it but the CIP would be a more positive approach. Council- woman Bennington asked if he's familiar with this and City Attorney Alvarez replied he'd met with Mr. Coleman and his engineer and attorney and they said it was the fault of the City's engineer who approved that design. Mr. Hartman reviewed the cost recovery sytem for those affected. Frank Ferguson, President of Shangri-La Homeowners Association, stated that drainage was an item they brought up but it wasn't built in accordance with plans that were presented. He requested representation after the meeting is held to see if they can work it out before they go into legal action. City Attorney Alvarez asked if the developer should attend and Mr. Ferguson replied yes, if necessary, and a representative from the engineers, as they've been told it was taken over and then told it was not. Motion CARRIED 5-0. Councilwoman Bennington asked if the meeting in Miami has been arranged to discuss the bike path and City Attorney Alvarez replied they'll arrange the schedule with the individuals there when they finish all the other assignments. Councilwoman Bennington stated that previously variances and special exception appeals were only to the Circuit Court and LDRA now appeals to the City Council and she'd like it to go back to that and she so moved to have the City Attorney draw that up. Councilman Hatfield asked to discuss that at the workshop. Councilwoman Bennington asked that the report on the background investigation be at the workshop. -8- City Council of Edgewater Regular Meeting Minutes February 15, 1989 ~ ..."",. COUNCIL/OFFICERS REPORTS (Continued) City Council (Cont'd) Councilman Fish pointed out that the School Board is building a new elementary school on Roberts Road and he's concerned that the design is not large enough to handle the number of children. He moved that they put their voices together and voice their concern to the School Board. Councilwoman Bennington seconded the motion. Mr. Powers reviewed the prior conversations with School Board personnel regarding this and the problem is with the legislature and not the School Board. Councilman Fish agreed to amend his motion to approach the legislators and the Florida League of Cities. Councilman Hatfield suggested a letter to the delegation along with the School Board saying there's a problem. Councilman Fish agreed letters going to the legislative delegates and all parties would be appropriate. Councilwoman Bennington agreed as the second to the motion. Motion CARRIED 5-0. Mayor Mitchum suggested they set a workshop with the City Manager to define the City Manager form of government and to define some guidelines for them- selves so there's not mass confusion and define the cut off point between the duties of Council and administration. Acting City Clerk Wadsworth asked that they determine the date to be at the Community Center or the Library, if the Community Center was already reserved. After discussion, it was agreed to have the workshop on Monday, February 27th, at 7:00 P.M. Mayor Mitchum stated the Fire Chief wants to meet with Council also. Mr. Powers suggested Wednesday, March 1st. There was no problem with that date. Mr. Powers stated that Thursday, March 2nd, the Industrial Development Board is meeting with New Smyrna Beach and Oak Hill representatives also. Lynne Plaskett, Planning Assistant/Grant Administrator, stated the other councils with meet with those boards also. It was agreed to meet March 2nd at 7:00 PM with the Industrial Development Board. Councilwoman Bennington suggested meeting Wednesday, March 8th, with the Police Pension Board. There was no objection from Council. Mayor Mitchum stated that the investigation is almost complete and will possibly be ready for the 27th. Mayor Mitchum stated that there were comments in the newspapers about the City Engineer and he had given them a verbal termination of his contract and exercises the 30 day clause and it will be coming in the mail. QUESTIONS FROM PRESS There were no questions from press. ADJOURN Mayor Mitchum requested a motion to adjourn. Councilman Hatfield so moved. ~;;;:i;::;~;;;:e:e:;~ded the motion. Mee~~50 P.M. ATTEST: UN 0 - ZONE 4f~l/ 1[. COUNCILMAN - ZONE THREE 7-.i~ /1 ';l~ COUNCILMAN - ZONE FOUR ? A J i;. I fi ,y //,/- ___.il~L ...J#4 )-.....J JJll/t-\..-~,~~-i~-<,,~",~.../:I ACTING CI]Y CLERK 1 A?~f. ovedfthis~ day of ;[t~ MAYOR I ,'v -9- City Council of Edgewater Regular Meeting Minutes February 15, 1989