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03-06-1989 - Regular 'w ..., CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 6, 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 There was an invocation by Reverend Harvey Hardin, retired Methodist minister. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of February 6, 1989 - Councilman Fish moved they accept the minutes of February 6, 1989, to be correct as written. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Regular Meeting of February 15, 1989 - Councilman Gold moved they accept the minutes. Councilman Fish seconded the motion. Motion CARRIED 5-0. CONSENT AGENDA Police Chief's request re: forfeited monies; Police Department heating/air conditioning unit bids; Merit Board's amended By-Laws; Library Board's request for expenses for Library Day in Tallahassee; Properties offered to City; Request for donation for Project Graduation; Request for resolution re: Beach Master Plan; Report on paving of Turgot Avenue; CIP Committee recommendation re: 180 reserve area; CIP Committee recommendation re: appraisal of properties; and CIP Committee recommendation re: aerials and surveys - Councilman Hatfield asked to remove item E, Properties Offered to the City from the consent agenda. Mayor Mitchum stated that the City Manager requested they pull item B., Police Department heating/air conditioning unit bids. Councilman Fish moved they close the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Councilman Fish moved they accept the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Police Department Heating/air conditioning bids - Mr. Powers stated that after the agenda had gone out he'd learned that the electrical work involved is more extensive than a heating and air conditioning company can provide and they'll have to contract with an electrical company who's registered to run a new box and hook the unit up. He requested it be awarded to Servair for $4,015 for the unit and the City will contact an electrical contractor to do the wiring. Councilman Hatfield moved they accept the City Manager's recommendation. Council- man Fish seconded the motion. Motion CARRIED 5-0. Properties offered to City - Councilman Hatfield stated that the City doesn't need the houses on the properties and they'd be spending $75,000 to $83,000 for the land, or whatever the appraisals would be, to be used as a parking lot. Councilman Hatfield said future growth doesn't include those properties and he moved they do not authorize going out for appraisals. Mayor Mitchum asked the cost for appraisals and Mr. Powers replied about $200. Motion DIED for lack of second. Councilman Hatfield moved they TABLE it to the workshop soon. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. "4W ...., ORDINANCES AND PUBLIC HEARINGS First Reading: Ord. 89-0-9 Amending budget ordinance - Mayor Mitchum stated this is first reading and he requested they TABLE it for the next meeting because he has some questions on it. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Second Readings (Public Hearings): Mayor Mitchum requested a motion to go the public hearing. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Ord. 89-0-4 Increasing amount of fines for illegal parking in handicapped spaces from $75 to $100 - City Attorney Alvarez read this ordinance. ORD.89-0-4- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 17-26, "PENALTIES FOR VIOLATIONS; LIABILITY" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE FINE FOR PARKING ILLEGALLY IN HANDICAPPED SPACES FROM $75.00 TO $100.00; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is last and final reading. Mayor Mitchum asked for comments from the audience and there were none. Ord. 89-0-6 Restaurants in 1-1 district as permitted use - City Attorney Alvarez read this ordinance. ORD. 89-0-6 - 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 RESTAURANTS AS A PERMITTED USE IN THE 1-1 DISTRICT; CON- TAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is last and final reading. Mayor Mitchum asked for audience input. There were no comments. Councilman Fish moved they close the public hearing and go back into the meeting. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-4 - Councilman Fish moved they accept Ordinance 89-0-4. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-6 - Councilman Gold moved they accept Ordinance 89-0-6. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mayor Mitchum called a 5-minute recess at 7:17 P.M. He called the meeting back to order at 7:25 P.M. UNFINISHED BUSINESS Appeal by Norman Roberts re: LDRA decision on SP-8820, formerly SP-8720 (Tabled February 15, 1989) - Mayor Mitchum suggested this be left on the table because it's on the agenda for the Land Development and Regulatory Agency. Request to open end of Yule Tree Drive (Tabled February 15, 1989) - Councilman Hatfield moved to take it off the table. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mr. Powers stated that the request was to open the end of Yule Tree Drive at 35th and Yule Tree so the Spotto's could have access to a home they want to build on their property and they wanted the City to open it. He pointed out there's no reason for the City to open that right of way of 85 feet when the Spotto's can utilize the right of way for access to their property as it exists now, and that's his recommendation. Councilman Hatfield moved they accept the City Manager's recommendation and provide a driveway access. Mr. Powers clarified that's a right of way and the Spotto's can use it just as other citizens can and it would provide ingress and egress to their site. City Attorney Alvarez stated that portion of Yule Tree Drive is a dedicated public right of way but it's a dead end and hasn't been used for many years with trees grown in the right of way. He pointed out they're asking the City to incur the expense of removing the trees and opening it for no other purpose than one individual's benefit and the Manager recommended the City not do it unless they want to do it at app-licant' s cost since they can drive through it and use it. He said they should reserve the right of way because future land beyond the right of way that is now County may want to annex into the City and Yule Tree won't be a dead end. Mayor Mitchum suggested the motion be to leave it as it is and not incur any expenses. Councilman Hatfield so moved, saying the request was to provide driveway access and they'll have access. City Attorney Alvarez clarified it's a public right of way. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes March 6, 1989 ,., ,.., UNFINISHED BUSINESS (Continued) Asbestos consultants - Mr. Powers read his March 2, 1989, Request for Council Action, which recommended the City Manager and consulting engin- eers be authorized to enter into negotiations with the firms in order of listing: Environmental Aspecs, Inc.; Hillmann Environmental of Florida, Inc.; and ATC Environmental, Inc. Councilwoman Bennington moved they accept the City Manager's recommendation. Councilman Fish seconded the motion. Motion CARRIED 5-0. Computer Committee report and recommendations - Mr. Powers read his March 2,1989, Request for Council Action which recommended the City utilize the IBM-RT system with 9 dumb terminals and 3 smart terminals and purchase the required software. Councilman Fish stated that he'd talked with some of the references provided by Software Management and everyone was satisfied with both the quality and service and they found the software easy to use. He said another city had the same problem with a hybrid computer system and they found it more economical to go with these proposals. He said it will do away with what they have in Finance now that they're paying $7,200 a year for and at the end of the 3 year period, they'll own the equipment and will only have to pay maintenance on it, so it will be cost effective. Councilman Hatfield asked if they'd checked with other computer firms and Councilman Fish replied yes, on the PC concept, but Software Management is sole supplier for the system they looked at. Councilman Hatfield asked if other than IBM, and Councilman Fish replied they went with the State contract and wanted to stay with some- thing reliable. Councilwoman Bennington asked if that alleviates having to go out for bid and Mr. Powers replied yes. Mayor Mitchum pointed out there's $30,000 budgeted for this year. Mr. Powers agreed, saying the lease purchase could be for 3 years to take care of the remainder. There was discussion about delaying a decision temporarily and Councilman Fish suggested they at least go with the 3 smart terminals. Councilman Fish moved they accept the Computer Committee's report. Councilman Gold seconded the motion. Motion CARRIED 5-0. Board member selection process - Councilwoman Bennington suggested they change some of the items under "Procedures for Board Appointment": Step 1 would remain the same; Step II would read "Council to receive all applications prior to making Board appointment"; Step III would read "Council will nominate all indi- viduals and vote at a regular meeting", and Step IV would remain the same. Councilman Fish questioned if they should limit it to a regular meeting and Councilwoman Bennington agreed to take that away, and add "with the majority of the nominations filling the appointment." She suggested Council could con- tact the applicants. Councilman Hatfield stated he has no problems with the application form and he'd like to let the City Manager interview. Mayor Mitchum suggested they use this application form and put in the ad that appli- cations will be in City Hall with the procedures as Councilwoman Bennington stated with the City Manager to recommend. There was discussion about the City Manager's involvement with the majority of Council indicating they wanted to handle the interviews. Councilman Hatfield moved to accept the application form for appointments to boards. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington moved they change the "Procedures for Board Appointments" in that Step II be changed to "Council to receive all applications after the deadline" and Step III to be "Council will nominate the individual and vote at a meeting, filling the appointments". Mayor Mitchum asked if she wants to include that the City Attorney to do a new resolution to that affect. Council- woman Bennington agreed to include that. Councilman Fish seconded the motion. Motion CARRIED 4-1. Councilman Hatfield voted NO. Library Parking Concept - Mr. Powers read his March 2, 1989, Request for Council Action with a recommendation that the concept be forwarded to Land Development and Regulatory Agency for review and comment. Councilman Hatfield moved they send it to LDRA. Councilman Gold seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes March 6, 1989 ..... ..., NEW BUSINESS Res. 89-R-8 Request for inclusion for DER priority list - State revolving loan program - Mr. Powers read his March 2, 1989, Request for Council Action, recommending adoption of the Resolution which would be one of the financing strategies for a portion of the capital improvement plan for wastewater. RES. 89-R-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING WILLIAM T. POWERS, CITY MANAGER OF THE CITY OF EDGEWATER, TO EXECUTE THE "REQUEST FOR INCLUSION FOR THE FLORIDA DEPART- MENT OF ENVIRONMENTAL REGULATION PRIORITY LIST-STATE REVOLVING LOAN PROGRAM; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECT- IVE DATE. Councilman Fish moved they accept Resolution 89-R-8. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. City Engineer - Mr. Powers read his March 2, 1989, Request for Council Action, which requested authorization to go out for Requests for Proposals for Engineering Services or to explore the possibility of the consulting engin- eers picking up the function until the CIP improvements are done. Council- woman Bennington moved they authorize 2. (consulting engineers..). Councilman Hatfield seconded the motion. Councilman Hatfield asked if this would be in the interim and then go out. Mayor Mitchum suggested they could combine it by requesting proposals and using Dyer, Riddle, Mills & Precourt in the mean- time. City Attorney Alvarez noted that the City Manager's recommendation to use the consulting engineers until the CIP improvements are done is smart as they don't want to bring an engineer on board in the middle of the CIP and they'll have the information in the computers and they'll know who will be held responsible for an improper procedure. Mayor Mithcum withdrew his comments. Motion CARRIED 5-0. Eastern Shores Mobile asked that if one of until the March 20th seconded the motion. Home Park request- Mr. Powers stated that his attorney them did not arrive at the meeting that it be TABLED meeting. Councilman Hatfield so moved. Councilman Fish Motion CARRIED 5-0. CITIZEN COMMENTS Mrs. Ruth Taylor, the beach again. it's such a safe a hazardous area 2115 Travelers Palm Drive, asked if they'd be able to use Mr. Powers replied probably not. Mrs. Taylor stated that place. Mr. Powers pointed out that it's on record that it's for water sports and is not safe. Harold Breuilly, 220 Hubbell Street, represented National Association of Retired Federal Employees. He requested a location to have a yard sale in case of bad weather in the event they aren't able to get a location at the Plaza on April 7 and 8 with one night for storage of the merchandise. Mr. Powers said he understood they wanted a park facility. Mr. Breuilly clarified he'd requested the pavilion across the street but if weather is bad, they'd want something else. City Attorney Alvarez pointed out the issue of liability and provision for a hold harmless. Mr. Breuilly agreed they'd do whatever's necessary if it isn't to the extreme, and he'll present it to a a group of the retired employees. Mr. Breuilly suggested Council allow the City Manager or Parks and Recreation to permit this type of activity rather than having to come before Council. Councilwoman Bennington moved they grant the permission if they sign the hold harmless. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Donnie Williams, 95 West Indian River Boulevard business, stated he was granted a certificate of occupancy in January and nothing has been done to Alamanda Drive and he sent a letter early in February to Council asking they do some maintenance on the street as it's a detriment to this business and he considers it unsafe. Mr. Powers stated an item is referred to the Land Development and Regulatory Agency for possibly vacating Alamanda Drive and taking our half and the other half going with the properties he represents, but until the action is taken, he can't recommend the City spend a lot of money on maintenance of that road. Mayor Mitchum stated they shouldn't do anything until they get the recommendation back from LDRA and Councilman Gold agreed. -4- Council Regular Meeting Minutes March 6, 1989 .... ....., CITIZEN COMMENTS (Continued) Robert Garthwaite, 10 Lee Drive, stated he's heard the post office will be a substation to New Smyrna Beach. He asked if the computers should be installed until the asbestos problem is handled. Mr. Powers explained they're looking at encapsulation and most of the disk drives won't be in the areas affected. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez stated that a check was sent to the City for $16,000 from one of the cases that was in litigation. City Manager - Mr. Powers stated he'd received that day a request from Higgenbotham for a tent sale in Florida Shores Shopping Center on March 31, April 1 and 2 and they indicated they had approval from Donnie Williams. Mayor Mitchum pointed out they may require a liability policy also. City Attorney Alvarez stated that if Council agrees with the concept, he recommended the Manager look into the same requirements they had for carnivals for pro- tection for the City. Don Bennington stated that since the last sale, Hardee's entrances and exits are through the shopping center and they tie up the entire center with those sales. He asked why New Smyrna Beach businessses come to Edgewater. There was discussion of establishing how many cars would be allowed on the property. Chief Schumaker pointed out the Charter states Council can set a price for issuing a permit and perhaps they may set a fee for the number of cars. Councilman Hatfield agreed they need to set a standard, and the LDRA has a meeting Thursday night and Council has a workshop and he moved they TABLE this until they have a workshop and bring it back to the next meeting. Mrs. Lynne Plaskett, Acting Planning/Zoning Director, stated their agenda has already closed but she'll bring it up under her reports. Councilman Hatfield so moved regarding the request going to LDRA. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. City Council - the Council was suggested it be Councilman Hatfield suggested a workshop be set. He stated that invited by the Humane Society to tour the facilities. He Saturday, the 18th, at 1: 00 PM or when Veterans Park is done. Councilwoman Bennington stated that they've scheduled interviews for the Charter Review Committee applicants for March 9th starting at 9AM and they should be able to bring some names to the next meeting. Councilman Gold asked if they could schedule the workshop after the Police Pension Board meeting. There was discussion about the need for input from LDRA. Councilman Fish asked the purpose of the workshop and Mayor Mitchum explained it's rescheduling. Councilman Fish suggested they schedule it at their March 20th meeting, and there was no objection. Mayor Mitchum stated they'd received a letter some time ago from the Edgewater Alliance Church and he'd like Council to read it and consider it for the March 20th agenda. Councilwoman Bennington reminded the City Attorney and City Manager the Shangri-La matter has a report due on the 20th. City Attorney Alvarez stated that he'll need to meet with the engineers about one item on the report. QUESTIONS FROM PRESS None ADJOURN Councilman Gold so moved. Councilman Hatfield seconded the motion. Meeting was adjourned at 8:30 P.M. Minutes submitted by: Lura Sue Koser -5- Council Regular Meeting Minutes March 6, 1989 NOTE: Page 5 is signature page only. . . ~ ..., Council Regular Meeting Minutes, March 6,1989: - >1 't '7/,)A! /1 tl _..' v COUNCILMAN - ZONE THREE F ~ /-1~ / _~~--cOUNCILMAN - ZONE FOUR ~"........ ,- --~ J~~/~ctft~J ,--"- lf1 -" \- '. J ~ ) ~/ t-'& ~ ATTEST: Approved this 3rd day of fl~e2R MAYOR -6- Council Regular Meeting Minutes March 6, 1989