Loading...
07-17-1989 - Regular . . ~ .... . . CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 17, 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 City Attorney Jose' Alvarez Acting City Manager Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present 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 Special Meetina & Workshop of June 6. 1989 - Councilwoman Bennington moved to approve the minutes. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Councilman Gold abstained from voting due to absence. Workshop of June 12. 1989 - Councilman Hatfield moved they accept the minutes of June 12. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Gold abstained from voting due to absence. Regular Meetina of June 19. 1989 - Councilman Fish moved they accept the minutes of June 19. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Gold abstained from voting due to absence. Workshop of June 20. 1989 - Counci lwoman Bennington moved they accept the minutes of the Workshop June 20. Councilman Fish seconded the motion. Motion CARRIED 4-0. Councilman Gold abstained from voting due to absence. Special Meetina of June 21. 1989 - Councilman Hatfield moved they accept the minutes. Councilman Fish seconded the motion. Motion CARRIED 4-0. Councilman Gold abstained from voting due to absence. Special Meetina of June 30. 1989 - Councilman Gold moved they accept the minutes. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Mitchum suggested they limit comments to 3 minutes due to the long agenda. Council members agreed. Nell Haves, 2211 Juniper Tree, requested to ask questions under item 5.A. regarding the award on the bond anticipation notes. Council members agreed she could speak later when that item was brought up. Ben Vasquez, resident at 1907 S. Atlantic but staying temporarily in Florida Shores to protect his mother-in-law, asked why no public hearings were held prior to awarding of the $4.7 million. He asked what State Statutes say the City can borrow money. He said held talked with the Finance Director and it appears they only have a choice of issuing bond certificates and having those validated in court or borrowing $4.7 millions as anticipation based on the bond issue further down. He stated they1re contemplating $310,000 interest loan on the $4.7 per year and theylll have to raise water rates. He questioned the Cityls right to , , , '-' ..... CITIZEN COMMENTS (Continued) raise rates to payoff bond indebtedness if they don't go with the $33 million bond issue. He asked if the City is getting a first rate sewer system. He said the low pressure system would not suffice in the Florida Shores area as the engineers stated and that if power goes out they're back where they were before. He asked they reconsider and spread costs of the entire sewer system over the entire City. Georoe Ewino, 2923 Royal Palm, stated held written to the Observer and sent a copy of his representative on June 24th and didn't receive a written reply. He asked why taxpayers would want to approve a new City Charter electing Councilmen for 4 years which is the same as letting them ignore wishes of the majority of the citizens, especially their problems with ordinances and regulations and the CIP. He stated held oppose this change. Mr. Ewing asked why, with a salary of $40- to $44,000 advertised for a City Manager, only 2 applicants of 79 were personally interviewed. He said it looked like he was almost dictating a salary when he was interviewed. Frank Roe, 2732 Juniper Drive, suggested the CIP wait until they get information in the newsletter. He pointed out when the Mayor was on the prior Council he stated that held seek voter approval of the CIP. He said he's backing the plan. He added that Ron Ferland said a voter approval won't be necessary and they'll increase the water and sewer bill to pay for it and will not increase property taxes. He asked they consider a vote of the people and not do anything until they put out the newsletter. John Siburn, Connecticut Avenue, stated that 25 years ago they could buy a $600 lot in Florida Shores but there were no sewers and old Edgewater had to pay for paving and sewer when it was done. He said people in Florida Shores got a good price and value of their properties will go up when roads and sewers are in. Alice Murphv, 230 N. Riverside Drive, asked under what Statutes they are borrowing the money. She said citizens weren't consulted or asked and she was told it would tie in with the utility system but if it were tied in with ad valorem the citizens would be asked. She added that you can't separate utilities from homes and no one can exist without utilities. She asked Council to repre- sent the citizens and not rule them. She said this was to accommodate industry but citizens should be consulted. Harrv Rvan, 516 Wildwood Drive, asked about Ordinance 89-0-13 on vacating an easement. Mayor Mitchum suggested he bring it up under public hearings. Dom Fazzone, 302 Paradise Lane, stated dozens of people didn't attend the hearing or workshops on the CIP over the last two years. He said the new Council was elected on the premise they would put a CIP in and those that complain about it didn't take time to come to meetings to find out what the program is all about. He said the water and wastewater system is in deplorable shape, especially with the growth. He noted they'll get water by buying property and developing wells and the CIP will do that but they need money. He pointed out that people in the north pay $2,000 to $3,000 taxes on their homes. Jim Cameron, Daytona Beach-Halifax area Chamber of Commerce and Governmental Affairs, stated they're hosting an Institute of Government Conference regarding Conflict Resolution of Growth Management which recommends ways to resolve the conflicts. He left brochures, noting it will be August 25th and they can call Lois Westcott at Daytona Beach Community College or him if they have questions. CONSENT AGENDA Mayor Mitchum asked if anything was to be removed from the consent agenda. There were no requests. He requested a motion to close the consent agenda. Council- woman Bennington so moved. Councilman Hatfield seconded the motion Motion CARRIED 5-0. Utilities Superintendent's recommendation re: annual review of water and sewer rates and water and sewer impact fees - Councilman Fish moved they accept the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. 2 Council Regular Meeting Minutes July 17, 1989 'W ,.." NEW BUSINESS Award to successful bidder on $4.7 million dollar bond anticipation notes - Mr. Fred Pauzar and Mr. Burt Saunders were present to represent A. G. Edwards & Sons, Inc. Mr. Pauzar reviewed the need for financing to begin certain water and sewer improvements. He explained they1d looked at alternative ways to borrow at the lowest possible rates and looked at long term bonds and direct loans from other governments. He said water and sewer rates would have to be astronomical if they tried to finance strictly from systems revenues. He added that if they went with long term they'd have to show they had sufficient revenues. He said they looked at arranging placement of debt from an institution such as an insurance company, bank, savings and loan, or major lender and they structured a bond ant i c i pat i on note wh i ch allows the City to borrow the money to make certa i n water and sewer system improvements but not guarantee to the lender that there's enough income to pay back and will not guarantee to raise the water and sewer system rates to a level to provide enough money to pay it back and will not give a general obligation of property taxes or mortgage anything on the part of the City. He said they sent out bid forms and indications of interest to all major banks in the State, received expressions of interest from seven institutions, and then when they told them the details of no interest and that the City will pay it back in one year they rece i ved three acceptab 1 e bids that were in accordance with terms and conditions presented. Mr. Pauzar stated that Sun Bank National from Orlando, Southeast, and Barnett had bid and they negotiated with Sun Bank for a fixed rate not subject to change and guaranteeing 6.67% He added that maximum expenses will not exceed $2,500 so their rate and fee are lowest of the three acceptable bids. He stated South- east was second lowest at 6.71% and Barnett was over 7% He asked that Council adopt the resolution to allow financing to take place. He noted the City can reinvest the money immediately in government securities and keep the profit and the rate of interest you can earn for the same period is higher. He added the earn i ngs can repay the loan and produce an arb i trage prof it. He recommended the City borrow $4.7 million at this rate of interest with a policy objective of beginning the CIP they've been planning since 1985. Mayor Mitchum asked Ms. Hayes if she still had questions. Ms. Hayes asked if they borrow the $4.7 million to begin construction and reinvest at a higher rate, would there be enough money in interest to repay the loan. Mr. Pauzar replied that if they borrow $4.7 million and put it in the bank they1d have enough to payoff the interest and still have a profit of 1-1/2 to 2% but if they spent $3 million, they won't be able to do it. He added the portion they invest will earn enough interest to pay its own way. He pointed out they can borrow up to $5 million and whatever portion they don't spend won't cost anything and will pay its own way from interest earnings. Ms. Hayes asked if it has to be repaid at the end of the year. Mr. Pauzar replied it has to be refinanced or repaid and they expect to refinance to avoid having to require a one time impact fee for utilities. Ms. Hayes asked if the City has outstanding bond debt now. Mr. Pauzar replied yes, which is a reason they went to this instead of long term financing since there's a 1964 issue at 4-1/2% and financing from Gulf Breeze Pool at a higher rate, with total outstanding debt around 1-1/2 million. Ms. Hayes asked if they1re revenue bonds. Mr. Pauzar replied yes, and the 1964 has a great interest rate and they don1t want to pay it off at a higher rate and Gulf Breeze is subordinate and will be paid after the 1964 bonds. Mayor Mitchum suggested they add item 6.K. to this point on the agenda. There was no objection from Council. ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS Res. 89-R-54 Authorizina issuance and award of $4.7 million dollar bond anticipation notes - Mr. Pauzar introduced Mr. Dan Livermore, Senior Partner of Livermore, Klein & Lott of Jacksonville, the City's bond counsel. Mr. Livermore explained the legal authority is Chapter 166, Part II, Florida Statutes, part of the Municipal Home Rules Act, which authorizes issuance of general obligation or revenue bonds. He read excerpts from the sections of the resolution regarding the Statutes. He explained they're permitted to issue BANis in anticipation of issuing bonds and they don't have to make monthly payments and the principle and interest are due at 364 days after issue. He referred to the section in the resolution regarding sale of the notes. He stated that if the recommendation for Sun Bank by A. G. Edwards is adopted, they'll incorporate that as part of the resolution. He requested they make a change on page 26 regarding the $5,000 denomination because the bid form was for a minimum of $100,000 and it should 3 Council Regular Meeting Minutes July 17, 1989 "w' .., ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued) be consistent. City Attorney Alvarez asked if held reviewed the City's Charter. Mr. Livermore replied yes. City Attorney Alvarez asked if there's anything in the Charter that causes discomfort with this action. Mr. Livermore replied no, and they have the powers under case laws and the Charter and they'll give the opinion at the time they close the transaction. City Attorney Alvarez asked that statements made previously regarding the Finance Director's comments be clarified. Mr. Fred Munoz, Finance Director, stated that Mr. Vasquez talked with him office and he was under the impression that the bond was to be validated and he understands that's not the case but he could ask the question and have it answered by the attorney. Mr. Livermore explained that in most instances the bonds are not required to be validated but there's a source in Florida Statutes that says it's discretionary and some have to be validated under certain types of bonds but these bonds in this resolution do not require validation and it's discretionary to the City if they want to validate. City Attorney Alvarez asked if it's customary to validate bonds. Mr. Livermore replied no, but procedure is there if the City wants to provide for a bond and provide them to a judge. City Attorney Alvarez asked how many bond issues he's been involved in and Mr. Livermore replied about 50 a year for 15 years, or about 750, and they validated about 1/3 to 1/2, but some required validation. City Attorney Alvarez asked if in his opinion these do not require it. Mr. Livermore agreed they don't need it. City Attorney Alvarez asked Acting City Manager Wadsworth how many meetings have been held open to the public where steps were taken and discussed regarding these. Acting City Manager Wadsworth replied that as of May 15, 1989, they had at least 44 meetings since 1985 where the CIP was discussed. She added that there were workshops, special meetings, and regular meetings. Councilman Gold asked if Mr. Johnson has been kept informed of these proceedings or if they should delay action until he's made aware of it for his comments. Mayor Mitchum replied he's well aware of everything and he's discussed portions of it with him. Councilman Fish stated he's also talked to him about the project and the subject. Councilwoman Bennington stated she did also. Councilwoman Bennington moved they award the bid to the Sun Bank based on the recommendation of their bond counsel. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Councilman Gold stated he voted yes since he was informed that Mr. Johnson is aware of it. Mr. Livermore stated that Exhibit A will be bid forms from Sun Bank, Exhibit B would be the July lOth memo, and the set of three bids would be Exhibit C. City Attorney Alvarez asked about page 14 at the top of the page. Mr. Livermore replied that refers to the bonds and doesn't have to change. City Attorney Alvarez read the Resolution. RES. 89-R-54 - A RESOLUTION AUTHOR- IZING THE ACQUISITION AND CONSTRUCTION OF EXTENSIONS AND IMPROVEMENTS TO THE WATER AND SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $6,000,000 WATER AND SEWER REVENUE BONDS, SERIES 1989, TO FINANCE THE COST OF SUCH PROJECT; PROVIDING FOR THE PAYMENT THEREOF; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AUTHORIZING THE ISSUANCE OF AND AWARDING $4,700,000 WATER AND SEWER REVENUE BOND ANTICIPATION NOTES, SERIES 1989; DESIG- NATING THE NOTES AS A QUALIFIED TAX-EXEMPT OBLIGATION; AND PROVIDING AN EFFECT- IVE DATE. Councilman Hatfield asked if the motion should include the $100,000 denomination change on section 22. City Attorney Alvarez replied yes. Council- man Hatfield moved to adopt Resolution 89-R-54 with the change on section 22 to read $100,000 instead of $5,000. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mayor Mitchum called a brief recess at 8:10 p.m. to obtain signatures. He called the meeting back to order at 8:20 p.m. Mayor Mitchum stated the City Attorney had requested to move items 5.K. and 6.1., which are on the same subject, and 6.D. and 6.P. to this point on the agenda since are there are people in the audience regarding these issues. There were no objections from Council. 4 Council Regular Meeting Minutes July 17, 1989 -- ....., NEW BUSINESS Easement from Dept. of Natural Resources for Flagler Avenue extension - Acting City Manager Wadsworth read her July 11, 1989, Request for Council Action which recommended approval of the easement to have access for a planned industrial development if the five conditions stipulated by Mrs. Plaskett were met. Councilman Hatfield asked if there would be a difference in paving industrial roads due to heavy traffic, especially on this one. City Attorney Alvarez noted that Mr. Oscar Zeller and his Attorney Mike Brewer are present and he asked if Mr. Brewer had an opportunity to review the five recommendations. Mr. Brewer replied yes. Councilman Hatfield asked if it will be paved differently. Mr. Car 1 Overstreet, Pub 1 i c Works Superintendent, stated engineers shou 1 d do a special design like they did on Turgot. Councilman Hatfield asked if they'd agree that the industrial type road would be paved. Mr. Brewer replied yes. Councilman Hatfield asked if there are plans for the Highlands Subdivision to be residential. Mr. Brewer replied it's Planned Industrial Development and will be developed as an industrial park and has to be subdivided and the streets have to meet the PID ordinance. Mayor Mitchum asked how much of Flagler wi 11 be paved. Mr. Brewer replied Mrs. Plaskett's intent is from Park Avenue through Tarmac. Mayor Mitchum asked if they agree to that. Mr. Brewer replied they'll seek participation from other owners along the street and they have a lot of work to get a 70 foot right of way and pave it to specifications. Mayor Mitchum asked if they're agreeable. Mr. Brewer replied yes. Councilman Gold moved for adoption of Resolution 89-R-52 and then withdrew his motion. Councilwoman Bennington moved to approve the City Manager's recommendation. Councilman Gold seconded the motion. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS & RESOLUTIONS Res. 89-R-52 Easement from Dept. of Natural Resources re: Flagler Avenue extension - City Attorney Alvarez read the Resolution. RES. 89-R-52 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AN EASEMENT WITH THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Resolution 89-R-52. Councilman Fish seconded the motion. Motion CARRIED 5-0. Res. 89-R-46 Declaring intent to use southerly extension of New York Street as public street (Tabled June 19. 1989) - Councilman Fish moved to take item 6.D. off the table. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez read the Resolution. RES. 89-R-46 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DECLARING ITS INTENT THAT THE PROPERTY DESCRIBED IN THE QUIT CLAIM DEED FROM ROCK BOUCHARD TO THE CITY OF EDGE- WATER, RECORDED IN OR BOOK 1580, PAGE 1475, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, BE USED AS A PUBLIC STREET, REPEALING ALL RESOLUTIONS IN CON- FLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they adopt Resolution 89-R-46. Councilman Gold seconded the motion. Attorney William Gillespie pointed out the official record book is 1980 instead of 1580. He thanked Council for considering this, noting it means a lot to Mrs. Prendergast. He said they want the City to grant them access across the land to her property. Councilman Fish stated that if they're going to use it as a street they'll have to officially open it, pave it, and maintain it. City Attorney Alvarez agreed as it would be part of the City street network. Council- man Fish asked what type paving will be used if they open it, shell or hard sur- face. Mayor Mitchum replied it's Council's decision. Councilman Fish asked if they'll decide that later. Mayor Mitchum replied yes. Motion CARRIED 5-0. Res. 89-R-56 Authorizing appropriate officials to enter into agreement with Arthur Young & Company as City's auditors - Acting City Manager Wadsworth read her July 13, 1989, Request for Council Action which recommended Council adopt this Resolution. Councilwoman Bennington stated they'd negotiated the contract and prices have dropped on a three-year contract, starting with a total of $113,500 over the three years and graduated each year, and now settled on a contract of $105,000 for the three years with the first year at $32,000, the next year $35,000, and the last year $38,000. She added if they should need the auditors for any work other than for audits, such as involvement with CIP or whatever, they'd have the billings at a 30% discount which is attached as Appendix B with a listing of their experience with bond issues also attached. She pointed out that last year they paid the auditors $34,000 so this is a good deal and she recommended they go with the contract. City Attorney Alvarez read the Resolution. RES. 89-R-56 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 5 Council Regular Meeting Minutes July 17, 1989 ~ ..."", ORDINANCES. RESOLUTIONS AND PUBLIC HEARINGS (Continued) EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AN AGREEMENT WITH ARTHUR YOUNG & COMPANY TO PERFORM AUDITING SERVICES FOR THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Benn- ington moved they adopt Resolution 89-R-56. Councilman Fish seconded the motion. Councilman Hatfield thanked Councilwoman Bennington for the time spent on this. Motion CARRIED 5-0. Mr. John Vodenicker, partner of Arthur Young & Company, stated he'll be the partner in charge of this for the next three years. NEW BUSINESS Preservat;on of Chapter 180 Reserve area for water and wastewater serv;ces - Acting City Manager Wadsworth read her July 12, 1989, Request for Council Action which recommended acceptance of City Engineer Ron Ferland's recommendations and to proceed with obtaining costs to purchase the utility system of South Water- front Park. Mr. Ferland stated he was requested to go to the County Council meeting dealing with the Water and Wastewater Master Plan for Southeast Volusia County, which is Oak Hill north to the City of Edgewater, plus the Master Plan covers Edgewater Mobile Home Park. He said he asked to address Council at that meeting to state the City's intent and their passing of the 180 ordinance but was told it wasn't good enough. He stated that given the County's action and Master Plan recommendations, and the County's intent to pursue and implement those recommendations, if the City wants to maintain the 180 area for water and wastewater theylll have to move in an an opposite direction from the County. He recommended they enter into an Interlocal Agreement or send them a draft agreement and they'll have to say no, they don't want to enter into good faith negotiations and if so, then the City would be advised to purchase the private utilities in that area if they wish to serve the 180 area. He stated that this week they'll be receiving the City's Chapter 180 reserve area Master Plan for the provision of water and wastewater util ities util izing the City's base systems and extending them into that area to provide cost effective service and it would be for their action. He said it would be then sent to the County to show them we're doing the same thing and they have to get together to resolve this issue. City Attorney Alvarez reviewed that they adopted the ordinance May 2, 1988, and on May 12, 1988, a letter was sent to the then Mayor signed by Chairman Schleicher in which he stated it's the County's intent to provide water and sewer services in that area and that they'd hired the firm of Frank Marshall the former employee of the City. He added that a letter was sent back to them on May 19th saying they need to accommodate our reserve area within the Master Plan to provide water and sewer service. He asked if they'd received communication from Frank Marshall, or let them know in any way. Mr. Ferland replied he wasn't aware of the Pete Knowles' correspondence but there has been numerous corres- pondence to various departments indicating the 180 reserve area, our intent to serve, and our desire to participate in the Master Plan, but there's never been a response from the County except for the submittal of the draft report prepared in December and submitted in March, and it was stated it was a draft and we'd get a final copy when approved. Mr. Gerry Hartman, Vice President, Dyer, Riddle, Mills & Precourt, Inc., stated that as consultant he personally requested a copy of the working documents from Frank Marshall who responded with a letter with copies to the City that said he couldn't release any information to them because it was a working document so they couldn't comment. He added they've requested to comment to the County and their engineer on numerous occasions and all have refused to cooperate. City Attorney Alvarez asked if while they're engaged in discussions over an agreement that actual construction and ownership of services and facilities within our 180 reserve area will preclude them from making it their service area. Mr. Ferland replied it depends on the integrity of the players and he feels if they enter into good faith negotiations to hammer out an agreement they should stop all activities and assess what is best for the residents of that area. Mayor Mitchum stated held met with Roy Schleicher on Friday and had met with Big John and they apologized to him for Ron Ferland having a bad time at their meeting. He added that Mr. Schleicher told him he'd be more than willing to enter into an interlocal agreement with the City. He said we're way ahead of them at this point and the Master Plan is to presented on August 28th at 9 a.m. and he's requesting to attend, along with the engineers. He suggested they send a letter from the Mayor with copies to each Council member and to Tom Kelly and Dick Kelton and anyone on staff level that should receive it and that they 6 Council Regular Meeting Minutes July 17, 1989 .~ ....., NEW BUSINESS Preservation of Chapter 180 Reserve ara for water and wastewater services (Continued) restate strongly their intent to protect the 180 reserve area and to keep us advised of everything from here on out and have a chance to present our program. Councilman Hatfield so moved. Councilwoman Bennington seconded the motion. Mayor Mitchum asked they include all correspondence to this point and make sure all parties get copies. Councilman Fish stated that emphasizing their concern and to have discussions regarding a commitment to pursue the purchase of South Waterfront Park is a good step and they'll have to take strong action at that time. Mayor Mitchum asked that they send along the interlocal agreement. Mr. Ferland asked about the draft of the Master Plan prior to Council seeing it or advise them it's coming in August. Mayor Mitchum replied in August. Motion CARRIED 5-0. Request of Paul R. Bowman to refund $100 fee for site plan review of $150 storaae shed at 1804 Hibiscus Drive - Acting City Manager Wadsworth read her July 7, 1989, Request for Council Action, adding a fourth alternative that after further review, she recommended the fee stay at $100 because refunding this fee or any other fee would set a precedent and it went through the same procedure as any other site plan. Mr. Bowman stated application was made on the sketch plan review process which doesn't have a fee but after the fact they were told they had to make formal application at an expense of $100. He added there are mitigating circumstances and because of the way LDRA operates, this went through the entire process but it wasn't his doing. He said it was recommended by the City Attorney they take a different route because LDRA requested this building be considered a structure in spite of the fact that no other type sheds have been considered a structure. He said they cooperated and did everything asked of them and made a full blown presentation and they won't set a precedent because the building was in place. He noted that Council, the LDRA, and Code came to the site and saw it prior to the LDRA meeting and deciding it was a structure and they had to go through the site plan review which is very expensive. He asked Council to review it and refund the $100 fee on the basis that the LDRA made the ruling after the building was in place and not before. Councilwoman Bennington asked what zoning it is. Mr. Bowman replied B-2. Councilwoman Bennington stated any structure or improvement to any commercial zoning has to come before LDRA for site plan review and not just a shed but any, and if it was up prior, somebody put it up without authorization. Mayor Mitchum asked if he got a permit. Mr. Bowman replied no, there were no permits issued or required within the last year for sheds anywhere. He added they put it up because they have booths and it has to be a separate building. He noted there was a complaint they were keeping explosives in the shed and there was a letter from LDRA that the structure should have site plan approval and this is the first one the record shows. He added they wanted to amend it as the more reasonable approach to the problem. Councilman Fish asked if he contacted anyone in the Building Department prior to erecting the shed. Mr. Bowman replied yes. Councilman Fish asked if he was advised he didn't need a permit. Mr. Bowman replied nobody said it and they were told by LDRA. Councilman Fish asked if the Building Department told them they needed it and Mr. Bowman replied after the building was up he got a letter saying the building needed site plan review and he called them and said it was excessive. Mr. Bowman pointed out the recommendation between attorneys was they would have an amendment to the original review and they did the sketch plan requirement and appeared before LDRA and got it approved. Mayor Mitchum recommended they table this until the next meeting to give the new City Manager a chance to look into this and see the procedure before making a decision. Councilman Hatfield moved to TABLE this until the next meeting. Councilman Fish seconded the motion. Motion CARRIED 5-0. Councilman Hatfield explained they don't want to make a rash decision. Mr. Bowman agreed to furnish copies of pertinent information. Councilwoman Bennington suggested the Planning Department forward all their information because an excerpt is not enough. Land Development & Reaulatory Aaency's recommendation to amend Code re: mini- warehouse conditions and special exceptions - Acting City Manager Wadsworth read her July 10, 1989, Request for Council Action which recommended acceptance of the LDRA proposal and to direct the City Attorney to prepare an ordinance on 7 Council Regular Meeting Minutes July 17, 1989 .... ...." NEW BUSINESS (Continued) Land Development & Regulatory Agency's recommendation to amend Code re: mlnl- warehouse conditions and special exceptions (Continued) this change. Council- woman Bennington stated miniwarehouses should be a permitted use in 1-1 and 1-2 and not a special exception, and on item "e" they should delete "one resi- dential unit" as a residential unit shouldn't be allowed in a miniwarehouse. Mayor Mitchum agreed. Councilwoman Bennington stated that on Section 607.00 and 607.01 instead of being a special exception it should be a permitted use. Councilman Hatfield pointed out the reason for a residential unit is for 24-hour security with someone 1 iving there. Ms. Beverly Kinney, temporary Planning Assistant/Grant Administrator, stated it's a growing trend and more large cities are doing this for 24-hour security. Councilman Hatfield stated he had no problem with that. Councilwoman Bennington stated she has a problem with miniwarehouses with people living there and this is a contradiction. Mayor Mitchum pointed out security can be provided with a night watchman and someone in an apartment is not needed. Councilwoman Bennington stated she has no problem with an office unit. Mayor Mitchum agreed. Councilwoman Bennington moved to send it to the Attorney to draw up an ordinance taking out lIone residential unit" at Section "ell of the proposed ordinance and changing the special exception for Section 607. and 607.01 to a permitted use and that's industrial zoning. Councilman Fish seconded the motion. Motion CARRIED 4-1. Councilman Hatfield voted NO. Councilwoman Bennington stated if it's enforced the way it's written it will be an improvement over what they have and she1d like to send the LDRA a change to the industrial requirements that any time a parcel abuts residential zoning a 25 foot planted buffer be required. Councilman Hatfield requested it be sent to the Industrial Development Board since it's industrial property. Council- woman Bennington moved they send it to the LDRA and Industrial Board to consider changes in the industrial requirements concerning parcels abutting residential zoning be required to have a 25 foot planted buffer and that's not grass or retention area to constitute the buffer area. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ordinances. Public Hearings. and Resolutions Res. 89-R-55 Authorizing appropriate officials to enter into purchase agreement for McCallister land for wellfields and water plant - City Attorney Alvarez read this Resolution. RES. 89-R-55 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE THE CONTRACT FOR SALE AND PURCHASE WITH HANSON AND McCALLISTER, INC. FOR THE PURCHASE OF APPROXIMATELy 50 ACRES IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF STATE ROAD 442 AND INTERSTATE HIGHWAY 95 AND THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of Resolution 89-R- 55. Councilman Fish seconded the motion. Mr. Ron Ferland, Dyer, Riddle, Mills & Precourt, Inc., explained the selection process for the wells to be near 442 and 95 and the analysis done for plant siting. He added he didn1t know who owned the land but it's an excellent location with a sand dune and water easily obtained and they wouldn't have drainage or dewatering problems. He noted the other locations had a connection running to the Hammock area. City Attorney Alvarez explained that when the site was picked an appraisal was made by a certified appraiser and the appraisal was presented to Council at a public meeting and is available for public inspection and the City Clerk has it. Mrs. Wadsworth agreed. Councilman Hatfield asked about the other acreage. City Attorney Alvarez replied he discussed it with Mr. McCallister pursuant to Council directions. Mr. McCallister clarified it was 100 acres and it would be $8,500 for the remaining portion. Councilwoman Bennington asked how many acres adjoin. Mr. McCallister replied 51, 52, or 53 besides this piece. Councilman Hatfield asked Mr. Ferland if the additional 50 acres would be advantageous to the City. Mr. Ferland replied it's not necessary for the wellfield and water plant purposes but as a land bank it may be an advantage. Councilman Hatfield stated they can't afford a land bank at this time and borrowing 4.7 million was primarily for the purpose of purchasing this land to get the CIP started. City Attorney Alvarez stated because this property is not going to be a part of the CIP it does not preclude other possible uses for the City with other parcels to the north and they've brainstormed possibilities of joint enterprises with Mr. McCallister, leases to avoid cash expenditures for the City, and subjecting that land to other public uses that may serve industries or recreational uses to the City. He added that when the Manager is on board he'll meet wi th him and the Eng i neers to B Council Regular Meeting Minutes July 17, 1989 'W' ...., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Res. 89-R-55 Author;z;na appropr;ate off;c;als to enter ;nto purchase aareement for McCall;ster land for wellfields and water plant (Continued) explore those. Councilman Hatfield stated they have to make sure all they spend goes to CIP because it1s a need and additional property is a want and has to take a second. Motion to approve Resolution 89-R-55 CARRIED 5-0. NEW BUSINESS Land Development and Reaulatory Aaency's recommendat;on to amend Code to delete requ;rement that min;warehouses be only 20th to 30th St. alona FEC - Acting City Manager Wadsworth read her July 10, 1989, Request for Council Action, which recommended approval of the LDRA proposed change and to direct the City Attorney to prepare an ordinance on this change. Councilman Hatfield moved they accept the recommendation of the City Manager and approve alternative 1. Councilwoman Bennington seconded the motion. Councilman Fish asked if this would allow mini- warehouses anywhere that's zoned I-lor 1-2 and that would be the only place if they remove B-2. Councilwoman Bennington replied it allows miniwarehouses to go from 30th Street South and they're restricting them now to a certain area. Councilman Fish asked if they could they be anywhere else in I-lor 1-2 if they accept this amendment. Councilwoman Bennington replied that's right. Motion CARRIED 5-0. Land Development & Regulatory Agency recommendation to amend Code to ;ncrease lot sizes and min;mum floor areas for duplexes in R-3 and R-4 - Acting City Manager Wadsworth read her July 10, 1989, Request for Council Action. which recommended acceptance of the LDRA proposal and to direct the City Attorney to prepare an ordinance on this change. Councilman Gold asked if it would be just for new subdivisions. Councilwoman Bennington replied yes. Councilwoman Benn- ington questioned why Mr. Powers wanted to increase sizes. She pointed out the only R-3 areas are behind the Ship and Fat Bob's and they could do away with duplexes in that zoning, and there are advantages to increasing the size. Councilman Fish agreed and asked the sizes now. Ms. Beverly Kinney, temporary Planning Assistant/Grant Administrator, replied she thinks it's 1,500 for both. Councilwoman Bennington moved they accept alternative 1 with the provision they delete the special exception in R-3. Councilman Gold seconded the motion. Motion CARRIED 5-0. Land Development & Regulatory Agency's recommendat;on to amend Code to remove Sec. 3-7 (b) re: billboards due to confl;ct w;th Sect. 701.01. proh;bited s;ans Acting City Manager Wadsworth read her July 10, 1989, Request for Council Action which recommended approval of the LDRA proposal and to direct the City Attorney to prepare an ordinance on this change. Councilman Hatfield moved they accept the Acting City Manager1s recommendation by approving alternative 1. Council- woman Bennington seconded the motion, adding that it should have been done a long time ago because of the conflict. Motion CARRIED 5-0. Appointment to fill vacancy on Parks & Recreation Board due to Sue Pezanowski's resiqnation (Tabled June 19. 1989) - Councilwoman Bennington moved to remove this from the table. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Councilman Hatfield nominated Sharon Mooney Herrmann. Councilwoman Bennington, Councilman Gold, and Councilman Fish agreed. Council members agreed there were several good applicants. Councilman Hatfield so moved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Appo;ntment to fn 1 vacancy on Land Development & Reaulatory Aaency due to res;a- nat;on of Ke;th Denton - Councilman Hatfield nominated Don Bennington. Council- man Fish asked to table this to give people a chance to apply due to the short time period since Mr. Denton's resignation. Councilman Hatfield pointed out they have quite a few applications to choose from and Don Bennington did an excellent job in the past on LDRA and always does his homework for meetings. Councilwoman Bennington noted they tabled some of the appointments for advertising for all boards and the ad was run. Councilman Fish pointed out some people knew a position had been filled recently and didn't submit because of that. Councilman Hatfield moved to select Don Bennington to LDRA and see what happens. Councilman Gold seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO. Appointment to fill vacancy on Citizen Code Enforcement Board due to resianat;on of Paul Biagerstaff - Councilwoman Bennington nominated Jim Norris. Councilman Hatfield concurred. Mayor Mitchum nominated Phil Williams who served on this board for quite some time and was quite an asset to the City and his term was 9 Council Regular Meeting Minutes July 17, 1989 'Iilw' """*' NEW BUSINESS (Continued) Appointment to fill vacancy on Citizen Code Enforcement Board due to resignation of Paul Biggerstaff (Continued) up. Councilman Fish and Councilman Gold agreed with Mayor Mitchum's nomination. Mayor Mitchum pointed out Phil Williams had three nominations. Councilman Fish so moved. Councilman Gold seconded the motion. Motion CARRIED 4-1. Councilwoman Bennington voted NO. Easement from Dept. of Natural Resources for Flagler Avenue extension - This item handled earlier on agenda. See page 5 of these minutes. Florida League of Cities Annual Convention in Jacksonville October 12-14. 1989 - Councilwoman Bennington moved they appoint the Mayor their voting delegate. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Acting City Manager Wadsworth read her July 10, 1989, Request for Council Action, which requested a determination be made as to which Council members plan to attend. Mayor Mitchum requested a motion to allow Council to attend the convention. Councilman Hatfield so moved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS First Reading: Ord. 89-0-12 Amending Sections 200.00.7-324 and 7-325 re: screen pool enclosures and setbacks (resubmitted) Acting City Manager Wadsworth read her June 14, 1989, Request for Council Action which recommended adoption of this Ordinance on first reading. City Attorney Alvarez pointed out the language was provided by the Building Official and he felt the vertical placement of that type of structure will present a problem with the construction industry. Councilwoman Bennington stated the way it's proposed it prohibits within 5 feet of a structure and people who build their pools partially or wholly enclosed in their homes will not be able to do that and several do have pools inside their homes. She said the purpose of a fence around the pool is for safety and to control access and a screen doesn't control access and safety. She stated the screen should be in addition to the fence and the fence ordinance requires a fence be 4 foot and this would be a direct contradiction to that ordinance. City Attorney Alvarez suggested they talk directly with the Building Official. Councilwoman Bennington stated Council has to determine what they want around a pool for safety and controlled access. City Attorney Alvarez stated the Building Official explained at great lengths the way they build this with a kick plate and having the same strength. Councilwoman Bennington pointed out the reason they have this is because he allowed structures to be built illegally. Mayor Mitchum stated they had an enc 1 osure ord i nance and a 11 owed the screen enc 1 osure to be sub- stituted for a fence. He added that he doesn't agree with that and a pool should have a fence around the yard and if they want to, they can screen it also, but he doesn't want a screen substituting for a fence. Councilwoman Bennington suggested they adopt it with amendments and take 5 foot from any building out. Mayor Mitchum pointed out New Smyrna Beach has an ordinance that says it should be 5 foot from the house. Councilwoman Bennington noted this doesn't say house, it says from a building, and they couldn't put a pool within 5 foot of a storage shed. Mayor Mitchum explained that with the 5 foot you couldn't put the pool against the house. Councilwoman Bennington asked if they could totally enclose the pool in their house. Mayor Mitchum suggested it could be a special exception. Councilwoman Bennington suggested they take out "acceptable screen pool enclosures" and moved they adopt 89-0-12 as amended on the floor. Mayor Mitchum called a 5 minutes recess at 9:52 p.m. He called the meeting back to order at 9:55 p.m. Councilwoman Bennington moved to TABLE this again and have the Building Official here to answer questions as to why he is putting this here. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-18 Amending Ord. 88-0-11 re: Council concurrence with City Manager's hiring of Department Heads - City Attorney Alvarez read this Ordinance. ORD. 89-0-18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 2, "POWERS AND DUTIES" (1), OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY REQUIRING THE CONCURRENCE OF THE CITY COUNCIL FOR THE APPOINTMENT OF DEPARTMENT HEADS; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Ordinance 89-0-18. Councilman Fish seconded the motion. Motion CARRIED 5-0. 10 Council Regular Meeting Minutes July 17, 1989 "-" ...." ORDINANCES, PUBLIC HEARINGS AND RESOLUTIONS (Continued) Res. 89-R-44 Appointment to Parks & Recreation Board (Tabled June 19, 1989) - Councilman Hatfield moved to take it off the table. Councilwoman Bennington seconded the mot i on. Mot i on CARR I ED 5-0. City Attorney Alvarez read the Resolution. RES. 89-R-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, APPOINTING ONE MEMBER TO THE PARKS AND RECREATION 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 Sharon Mooney Herrmann for a term to end May 17, 1990. Councilman Fish moved they accept 89- R-44. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Res. 89-R-46 Declaring intent to use southerly extension of New York Street as public street (Tabled June 19, 1989) This item was handled earl ier on the agenda. See page 5 of these minutes. Res. 89-R-48 Appointment to Citizen Code Enforcement Board - City Attorney Alvarez read this Resolution. RES. 89-R-48 - 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 RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. H e inserted the name of Phil Williams for a term to end May 8, 1990. Councilman Hatfield moved they accept 89-R-48. Councilman Gold seconded the motion. Motion CARRIED 4-1. Councilwoman Bennington voted NO. Res. 89-R-49 Appointment to land Development & Regulatory Agencv - City Attorney Alvarez read this Resolution. RES. 89-R-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE LAND DEVELOPMENT AND REGULATORY AGENCY 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 Don Bennington for a term to end March 21, 1992. Councilman Gold moved for approval of Resolution 89-R-49. Councilman Hatfield seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO. Res. 89-R-50 Endorsing liaison office of State Motion Picture and Television Bureau in Volusia Count v per request of Vo1usia Count v Business Development Corporation - City Attorney Alvarez read this Resolution. RES. 89-R-50 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SUPPORTING AND ENDORSING THE CREATION AND OPERATION OF A MOTION PICTURE LIAISON OFFICE IN THE VOLUSIA COUNTY AREA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Counci lwoman Bennington moved they accept 89-R-50. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Res. 89-R-51 Amendment No. 1989-10 to Agreement with Dver, Riddle, Mills & Pre- court, Inc. to prepare capital improvements element of Comprehensive Plan - City Attorney Alvarez read this Resolution. RES. 89-R-51 - 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. 1989-10, "ENGINEERING SERVICES ASSOCIATED WITH PREPARING THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY.S COMPRE- HENSIVE LAND USE PLAN FOR THE CITY OF EDGEWATER" WITH DYER, RIDDLE, MILLS & PRE- COURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Resolution 89-R-51. Councilwoman Bennington seconded the motion. Councilman Fish pointed out they have an upset limit of $7,552 and may recoup $7,434 from DCA so it will only cost about $118. Motion CARRIED 5-0. Res. 89-R-52 Easement from Dept. of Natural Resources re: Flagler Avenue extension - This item was handled earlier on the agenda. See page 5 of these minutes. Res. 89-R-53 Confirming and ratifving appointment of Ellv F. Johnson as Citv Manager - City Attorney Alvarez read this Resolution. RES. 89-R-53 - A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CONFIRMING AND RATIFYING THE APPOINTMENT OF ELLY F. JOHNSON AS CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA, AS PER EMPLOYMENT AGREEMENT ATTACHED HERETO; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept 89-R-53. Councilman Gold seconded the motion. Motion CARRIED 5-0. 11 Council Regular Meeting Minutes July 17, 1989 ...... ...., ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued) Res. 89-R-54 Authorizing issuance and award of $4.7 million dollar bond antici- pation notes - This item was handled earlier on the agenda. See pages 3 and 4 of these minutes. Res. 89-R-55 Authorizing appropriate officials to enter into purchase agreement for McCallister land for wellfields and water plant - This item was handled earlier on the agenda. See page 8 of these minutes. Res. 89-R-56 Authorizing appropriate officials to enter into agreement with Arthur Young & Company as City.s auditors - This item was handled earlier on the agenda. See page 5 of these minutes. Second Reading: (Public Hearing) Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-13 Vacating ten foot drainaae & utility easement. 402 Wildwood Drive - City Attorney Alvarez read this Ordinance. ORD. 89-0-13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING THE TEN FOOT DRAINAGE AND UTILITY EASEMENT ALONG THE SOUTHERLY LOT LINE OF LOT 133 AND NORTHERLY LOT LINE OF LOT 134, WILDWOOD SUBDIVISION, UNIT 3, MAP BOOK 38, PAGE 35, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, 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. Harry Ryan expressed his concern with the easement on the adjoining property. Councilwoman Bennington explained the house is taking up two lots and it's build over the easement between the two lots. Mr. Ryan continued expressing his concern that the easement that borders the man's lot would not be there. City Attorney Alvarez showed the location on the map. Ms. Beverly Kinney, temporary Planning Assistant/Grant Administrator, stated that it's 5 foot of lot 134 and 133 and it I S a 11 with i n the one man I s property and it doesn't affect the adjoining property. There was further discussion about the location and City Attorney Alvarez suggested they could make it subject to the easement being there and if it's not there, he needs to dedicate it. Ord. 89-0-16 Amending Section 706.00. Fences. Walls & Hedges. as recommended by Land Development & Regulatory Aaency - City Attorney Alvarez read this Ordinance. ORD. 89-0-16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING SECTION 706.00 "FENCES, WALLS AND HEDGES" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY DELETING REFERENCES TO THE TERM OPAQUE; BY REQUIRING CHAIN LINK OR NON OPAQUE FENCES ON CORNER LOTS; BY PROHIBITING USE OF BARBED WIRE IN ALL RESIDENTIAL ZONES AND ALLOWING IT IN COMMERCIAL AND INDUSTRIAL ZONES ON TOP OF SIX FOOT FENCES AS APPROVED BY THE CITY COUNCIL; 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 audience input and there was none. Ord. 89-0-17 Guidelines established for special activities in B-5 district parking lots - City Attorney Alvarez read this Ordinance. ORD. 89-0-17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 606.04, B-5, "PLANNED SHOPPING CENTER DISTRICT" (c) PERMITTED ACCESSORY USES, BY ESTABLISHING GUIDELINES FOR SPECIAL ACTIVITIES IN PARKING LOTS IN THE B-5 DISTRICT; 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 audience input and there was none. Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-13 - Councilwoman Bennington moved to adopt 89-0-13 on the condition that the easement on the northerly side of the half lot that it's that 5 foot drain and utility easement as shown on the survey they have. Councilman Fish seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington suggested the engineers verify this before recording it. 12 Council Regular Meeting Minutes July 17, 1989 ...... ...." ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued) Ord. 89-0-16 - Councilman Fish moved they accept 89-0-16. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-17 - Councilman Hatfield moved they accept 89-0-17. Councilman Gold seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Determination of term for Beautification Committee - Acting City Manager read her July 7, 1989, Request for Council Action, which left it at Council's decision to determine the dissolvement date of the ad hoc Beautification Committee. Councilman Hatfield stated they agreed to a one year trial period and then review it then. He moved it be subject to review August 1, 1990. Councilman Fish seconded the motion. Motion CARRIED 5-0. Community Center sound system - Acting City Manager Wadsworth read her July 12, 1989, Request for Council Action, which recommended they reject proposals and include the sound system and acousticals in next year1s budget. Councilwoman Bennington moved they accept the City Manager's recommendation. Councilman Fish seconded the motion. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. City Manaaer - Acting City Manager Wadsworth had no report at this time. City Council - Mayor Mitchum asked Council to send a letter to the Fire Department and Auxiliary for the great job they did on the July 4th celebration. Councilman Fish so moved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington stated the Charter Review Committee voted to move the referendum to March because there are no elections in November and with many people gone in the summer they'd have more time and more input. Councilwoman Bennington stated they need to get moving on the bike path and as soon as the City Manager is on board she'd like to have a meeting and she doesn't think they should give anything to Magnuson. Councilman Hatfield suggested they give the City Manager a couple of weeks and have a workshop around August 1st. Counci lwoman Bennington stated that on March 20th they voted to override the LDRA on opening an access road for Eastern Shores Mobile Home Park and she asked to put that on the next agenda for reconsideration because some things have come to light she would like Council to be aware of. Councilman Gold asked if the wage and classification study has been started. Mayor Mitchum replied it was started. Councilman Fish apologized for not submitting a reply in writing to the citizen who'd written to him but he wanted to bring it up at a meeting. He explained that one concern is that Council can determine the adherence to the 3-minute time limit. He said he feels 3 minutes is enough in most instances to explain view- points and he'd like to see it maintained with the option that any Council member may give additional time if the speaker has a valid point. Councilwoman Bennington concurred. Councilman Hatfield stated the majority would have to agree if it's concurrence. Councilman Fish explained it could be any Councilman and they'd have to change the ordinance or resolution. City Attorney Alvarez asked if any Council member can request the time be extended and then Council would vote. Councilman Fish explained any Council member can request it at any time. Councilman Fish stated another item in the letter was a problem with the Building Department and Code with people not following proper ordinances. He stated he'll impress on the new City Manager that this has to stop because ever since they've been elected they've had problems along these lines that they've had to deal with. He expressed hope that Council will support his opinion. Councilman Fish stated under public hearing items they haven1t been as explan- atory as they might be and are too brief to understand. He suggested it could be more verbose when necessary. 13 Council Regular Meeting Minutes July 17, 1989 , ,"- .'W' ...... COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilman Fish asked that they keep under consideration the item of publishing the agenda as it might be a viable solution to people for the meetings. Mayor Mitchum stated they need to extend Susan Wadsworth's tenure for one more week because the two months were up yesterday. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. QUESTIONS FROM PRESS There were no questions from the press. ADJOURN Councilman Fish moved to adjourn. Councilman Hatfield seconded the motion. Meeting was adjourned at 10:30 p.m. Minutes submitted by: Lura Sue Koser j)~~b# /~~ MAYOR -r= ~ ~ COUNCI U AN - ZONE T ~~;E$ COUNCILMAN -'ZONE FOUR -114 ~ ATTEST: -d~ ,~- ACTING CITY CLERK A~E ~~ . .~-- MAYOR 14 Council Regular Meeting Minutes July 17, 1989