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12-04-1989 - Regular .... ""'" CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 4, 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 City Manager E11y Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Invocation delivered by Father Campagnone, retired Roman Catholic priest. There was a pledge of allegiance to the Flag. Presentat;on of Letters of Apprec;at;on and Cert;f;cates John C;affon; and Thomas Owens for 1989 Top Brass Awards by Homebu; lders Assoc;at;on: Mr. & Mrs. S;dney Brewer, Brewer Pr;nt;na, for donat;on of s;Qns for Beaut;f;cat;on Comm;ttee: and Beaut;f;cat;on Award for month of December to Mr. James K;lQore - Mayor Mitchum and Mr. Johnson presented the awards to the recipients. APPROVAL OF MINUTES ReQular Meet;nQ of November 20, 1989 - Councilwoman Bennington moved they approve the minutes of November 20th. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Mitchum advised the audience there will be a three-minute time limit. Georqe Ewinq, 2923 Royal Palm, asked if the proposed draft on the Charter amendment will be a public hearing. Mayor Mitchum advised the public hearing will be at the first reading of the ordinance at the next meeting. Mr. Ewing suggested the Council should have made the statement at the beginning of the meeting that the November 27th workshop would be a closed meeting with no citizen input. He stated the CPI increase in compensation for Council is minor compared to what they1l1 spend in the next few years. He stated the Mayor and Councilman Fish thought renters shouldn't be allowed to run for office, and the City Attorney at $25 or $75 an hour didn't have an answer to a legal question. He asked why Department Heads and some employees don't live in the City and what interest they have. He suggested it be in the Charter. He pointed out Council members can return all or part of the money to the City. He asked they discuss these topics at the next open hearing. Frank Roe, 2732 Juniper Drive, was glad to get the information on the sewer. He distributed copies of a newspaper article. He stated nobody should propose a plan for a 20 year period for putting a sewer system in Florida Shores. He asked they try to find a means of doing this without hurting people in Florida Shores or anywhere else. He said they aren't taxing the lots the $1,200 for impact fees and they can offer a 10% discount for those that pay up front. '-" ..." CITIZEN COMMENTS (Continued) Galen McClain, 3119 Queen Palm, asked where the money for impact fees goes. Mr. Johnson explained the impact fees go toward the total cost of the system after you build on the lot and goes toward payment of the plant. Mr. McClain asked if any goes to the County. Mr. Johnson replied no. Mr. McClain said he'd heard the employees were able to find the documents on Eastern Shores. Mr. Johnson explained the name was changed two times and there were several mobile home parks mentioned and Mark Karet and his staff found it. Mr. McClain wondered why someone didn't have a copy. Mr. Johnson said it was the way it was identified and filed. Frances Olds, 122 East Marion Avenue, referred to previous requests to have the speed limit checked on U.S. 1 and a deceleration lane. She noted the bank opening will cause additional traffic. Mr. Johnson explained DOT has plans for a deceleration and acceleration lane there and also at Rhode Island. She urged the City to appeal the speed limit because 50 MPH through Indian River Boulevard is too high. CONSENT AGENDA Chr;stmas food cert;f;cates for C;tv employees: Pol;ce Off;cer's request for leave of absence to comply w;th m;l;tarv orders: Parks & Recreat;on D;rector's request to advert;se for b;ds for eQu;pment and mater;als for Wh;stle Stop Park: Request to purchase veh;cles under State b;d for Publ;c Works eStreet, Spec;al Road Ma;nt. ,Refuse, Enq;neer) Bu;ld;nq, PoHce, UtHU;es and F;re, General Emplovees Pens;on Board recommendat;on to amend Plan to des;qnate benef;c;arv for the death benef;t - Councilman Fish asked to remove item S.D. re: vehicles under State bid. Mayor Mitchum, requested a motion to close the consent agenda. Councilman Hatfield so moved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Fish moved they accept the consent agenda. Councilman Gold seconded the motion. Motion CARRIED 5-0. Request to purchase under State bid - Councilman Fish stated the Police Chief's request to purchase four new vehicles on State bid is at $13,722 with a note that Orange County has a 1990 Crown Victoria. He noted the Chevrolet comes in over what was budgeted, the Fords are under budget, and he'd like to piggyback on the Orange County bid and he so moved. Councilwoman Bennington seconded for discussion. Councilman Gold pointed out the Chevrolet gets 3 or 4 more miles per gallon than the Ford. Mr. Johnson pointed out that when they buy on State bid they have to meet certain criteria, both dealerships are here, and itls his recommendation to stay with State bid and award it. He added there are funds in other areas. Councilman Fish asked if the Chevrolet includes the air pack that's included with the Ford. Mr. Johnson replied he hadn't seen the spec's for the Ford but has seen some from South Florida on the Ford, and feels they should stay with State bid, but itls Council's decision. Councilwoman Bennington pointed out the Chevrolet has the police package with State bid. Mr. Johnson explained the memo has all the items that would be included. Councilman Fish moved to piggyback on Orange County for the Ford Crown Victoria which comes in under State bid. Mayor Mitchum asked if they'd made a decision. Chief Schumaker replied yes, Cooper City has obtained a bid for the Crown Victorias. Councilman Hatfield stated they'd have to postpone it to see what Orange County did or go with State bid. Councilman Fish stated held understood Orange County had, or was near it, and he withdrew his motion. Councilwoman Bennington withdrew her second. Councilman Hatfield moved they accept the recommendation of the City Manager on State bids. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Mayor Mitchum suggested moving item B.A. re: Eastern Shores Mobile Home Park up to this point on the agenda. No Council member expressed an objection. UNFINISHED BUSINESS l='a'::+AW"n Ch"...ar IMnh'; 1.c. U"",a D....I, I r W'.e......ftr"" +"'" ft............ ..ft.la. ........!!IJt.... 'lIIto_..I _1_..._ tIIl.A____ __...... ..... ""'" UNFINISHED BUSINESS Eastern Shores Mobile Home Park's re uest to 0 en new road and close access road to U.S. 1 Continued reconsider their previous action on Eastern Shores Mobile Home Park where they granted them permission to do this. City Attorney Alvarez clarified it's under reconsideration and they have to decide if they will uphold or deny it and it can be a combined motion and send it back to LDRA. Mayor Mitchum said the City doesn't send it back to LDRA if they deny it, and it's up to Mr. Vidibor or Mr. Hood to approach LDRA. City Attorney Alvarez agreed that's fine. Mayor Mitchum pointed out the City doesn1t want to change it and according to the Code the request must be made before LDRA to change a site plan and th i s plan was approved. City Attorney Alvarez explained they have to reconsider the initial decision of the LDRA which was to deny and Council overturned the denial and subsequently they made a motion to reconsider the overturning or reverse it. Mayor Mitchum stated the motion to reconsider was on the entrance at the rear and nothing on the entrance to the front so any future action must be taken by Eastern Shores through LDRA. Councilman Hatfield asked if Mr. Hood had requested to remove it for his client. Mayor Mitchum explained Council would make a motion to end that question. City Attorney Alvarez noted they need to make a decision on the motion to reconsider and the fact he wi thdrew the app li cat i on is more of a reason to upho 1 d the decision. Attorney Hood stated with regard to withdrawing, from a legal perspective they made it based on the information provided by the City that there was no site plan and that was a mistaken fact and as such that withdrawal is revoked at this point and it's their decision that Council, based on the things they articulated, should stand by their initial decision. Councilman Fish withdrew his motion, and then moved to reconsider the previous action taken by the Council on Eastern Shores to close the U.S. 1 entrance, then requested Councilwoman Bennington word the motion as she had been working with this project. Councilwoman Bennington moved for the Council to reconsider their vote and deny opening the road from Eastern Shores Mobile Home Park to Industrial Boulevard and upholding the LDRA denial. Councilman Gold seconded the motion. Motion CARRIED 5-0. Mayor Mitchum called a 5-minute recess at 7:35 p.m. He called the meeting back to order at 7:47 p.m. NEW BUSINESS Land Development & Regulatory Agency's recommendation to deny rezoning Lots 49 to 61. Banyon Tree Drive from R-1B to B-2. R-4 or R-5 - Mr. Johnson stated the recommendation is that the request be denied and action would be to accept their action and call for a public hearing to hear from the public regarding the recommendation. He explained they have that right per the Code even if it was denied. Councilwoman Bennington expressed concern that LDRA heard this without all the seven requirements and made a recommendation to Council and Council has to have a public hearing and it didn't meet all the criteria for rezoning. Councilwoman Bennington moved they have a public hearing. Councilman Hatfield noted they have to accept or deny the LDRA recommendation. City Attorney Alvarez explained rezoning is an act that only Council can accomplish so all LDRA does is make a recommendation, which they've done, and they'll schedule a public hearing and at that time you legislate on the issues and accept or reject the recommendation or act on it. Councilwoman Bennington referred to the minutes of the September 26th public hearing on future land use that stated some zoning requests were being held until the future land use plan was adopted, and the future land use shows the existing zoning and they still ~~ve t? have. a ~ublic he.aring. CJty At~o~ne.x Alvarez explained the Comprehensive '-' ..." NEW BUSINESS Land Development & Reaulatorv Aaencv.s recommendation to deny rezonina Lots 49 to 61. Banvon Tree Drive from R-1B to B-2. R-4 or R-5 (Continued) Councilwoman Bennington moved they schedule a public hearing on this request for rezoning. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Land Development & Reaulatorv Aaencv.s recommendation to deny rezonina NW & SW corners of India Palm Drive & SR 442 from R-1B to B-2 - Mr. Johnson explained this is the second recommendation and itls to set a public hearing on this item. Councilman Hatfield moved to set a date for a public hearing. Councilwoman Bennington seconded the motion, and complimented Mark Karet on the precise comments held made on this matter. Motion CARRIED 5-0. Mr. Johnson stated these will be scheduled as soon as possible and it will be in January. Councilwoman Bennington stated this will be public hearings where people can express their opinions and Council will decide. City Attorney Alvarez explained the applicant will have an opportunity to argue his position for the request and only Council can accept or deny a rezoning request. He asked if these rezoning requests are in compliance with the Comprehensive Plan they have in effect now. Mr. Karet replied that1s the reason theylre recommending denial, and the Comprehensive Plan was addressed at LDRA1s hearing and he found it was inconsistent with the present and proposed Plan. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readina: Res. 89-R-72 Appointina two members to Beautification Committee (Tabled November 6. 1989) - Councilman Fish moved they take 89-R-72 off the table. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Councilman Hatfield nominated Paul Giatteno. Councilwoman Bennington nominated Lisa Weber. Councilman Gold nominated James Braddock. Roll call on Paul Giatteno CARRIED 5-0. Roll call on Lisa Weber was 4-1. Councilman Gold voted NO. Roll call on James Braddock was 1-4. Councilman Gold voted YES. City Attorney Alvarez read the Resolution. RES. 89-R-72 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE BEAUTIFICATION COMMITTEE OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He read the names of Pau 1 G i atteno and Lisa Weber for terms to end June 5, 1990. Councilman Hatfield moved they accept Resolution 89-R-72. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Res. 89-R-73 Appointina one member to Citizen Code Enforcement Board to fill vacancy due to resianation of Ella Ledaer-Adle - Councilman Hatfield nominated Jeff Lange. Roll call CARRIED 4-1. Councilman Fish voted NO. City Attorney Alvarez read this Resolution. Res. 89-R-73 - 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. He inserted the name of Jeff Lange for a term to end August 2, 1991. Councilman Gold moved for approval of Resolution 89-R-73. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO. Res. 89-R-74 Appointina one member to Land Development & Reaulatorv Aaencv to fill vacancy re: Mrs. Sadie Glover - Councilman Gold nominated James Mackie. Councilman Fish nominated Dom Fazzone. Mayor Mitchum stated Mr. Fazzone was his nomination also. Roll call on James Mackie was 1-4. Councilman Gold voted YES. Dnll r~ll nn nnm;n;r~ ~~77nnc rADDT~n ~_n ~ "'- ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second Read;na: (Publ;c Hear;na) None UNFINISHED BUSINESS Eastern Shores Mob;le Home Park's request to open new road and close access road to U.S. 1 - This item was handled earlier on the agenda. See pages 2 and 3 of these minutes. Proposed draft on Charter amendments - Mr. Johnson stated Council instructed the City Attorney at the November 27th meeting to bring a draft of the changes and if approved, they should direct the City Attorney to prepare an ordinance for a public hearing and first reading on the 18th. Councilwoman Bennington asked the Charter Review Committee members present, Jack Hayman, Mary Martin, and Dominick Fazzone, to participate. City Attorney Alvarez said the only pending item was the residency qualifications to run for office and he discussed it with Committee members and Councilman Fish and he had a recommendation. Councilman Fish recommended they follow the qualification procedures as outlined in the Volusia County Charter that each candidate must reside in his zone he wishes to represent for six months prior to qualification date and be a resident of Edgewater for at least two years prior to qualification, which will handle his concerns. Mayor Mitchum stated he concurred with Councilman Fish, whether he agrees or not. Councilwoman Bennington stated research showed they can't require them to be a property owner to qualify, and they didn't say anything about allowing them to vote but for running for office. Mayor Mitchum agreed it had nothing to do with voting, only for running for office. Councilman Fish said it was never his intention that they wouldn't allow renters to vote but it was to hold office because of lack of vested interest. Mrs. Martin suggested that under Compensation, rather than doing it by ordinance that it be done by resolution because it's a one time situation topic rather than going through the ordinance and second reading. Councilman Gold asked if they'd change Compensation to "may" instead of "shall" and "not to exceed". Mayor Mitchum said Mrs. Martinis suggestion was to change it to resolution instead of ordinance. Mrs. Martin agreed. Councilwoman Bennington noted her Committee didn't see the latest draft. Mrs. Martin stated two issues were discussed strongly, term of office and when to hold the elections. She pointed out the Charter Review Committee is not trying to push any term or time and are giving the citizens the choice. Mayor Mitchum stated Council was not recommending one or the other either, it's the voter's choice. Councilman Hatfield stated held like Compensation to be done by ordinance to give public the right to voice their opinions on Council raises. Mr. Johnson explained the Attorney can put the ordinance together and they change the ordinance after the first public hearing. Councilwoman Bennington said she talked with Katherine Odham and the County is probably going with the 1 cent referendum on March 27th, and if the City has their election at the same time, they can share the cost with the County, but they won't know until the first of the year so they may have another two weeks. Councilman Fish moved they amend Section 3.02, Qualifications, of the proposed Charter to include that those seeking to run for public office must reside within the City for at least two years prior to their qualification and must live within the district they wish to represent at least six months prior to qualification. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Councilman Hatfield stated held like Compensation of Council be changed by ordinance because it nivec;. thp npnpY';Jl nllnlir th" Y'inht tn ni\l" +hoiV' :>nnV'n\l:>l ...... ..... COUNCIL/OFFICERS REPORTS C;ty Attorney - City Attorney Alvarez had no report at this time. C;ty ManaQer - Mr. Johnson had no report at this time. C;ty Counc;l - Councilwoman Bennington requested a meeting on the bike path to discuss information they have and to get moving with it. Mr. Johnson asked that they wait until an Engineer is hired, adding he gave them all the information he had. Councilwoman Bennington said she'd like to talk about the Magnuson proposal and they need to know how long it will take after they get an Engineer. There was discussion about when they'd know the number of properties involved. Mr. Johnson stated he hopes to have everything finalized by the end of January or first of February, and he's pretty well solved the problem with Magnuson. He pointed out they have to contact the list of property owners and see about donations of land. Councilwoman Bennington asked if they should have input before accepting the Magnuson offer and going any further. Mr. Johnson replied he doesn't think it's at that point, but itls up to Council. Mayor Mitchum stated held rather have a complete package. Mr. Johnson stated they have to reach an agreement with Magnuson and try to get the rest of the rights of way and he hasn't had staff time to research this because of the Comprehensive Plan. He pointed out the bike path is very important, they have a basic design and now have to get the rights of way and easements, and will look at concrete or asphalt, and a curb, survey, and then find out from DOT whether they'll accept it. He noted they'll have to look at a change in the setbacks because they'll take 8 to 10 feet of property and will have to decide whether they can build on it. Councilwoman Bennington pointed out Councils have been talking about bike paths for over four years and now it will be another year. Mr. Johnson explained once they get the legal part done, they can get the bike paths in but they have to get easements and rights of way. Councilwoman Bennington asked about Roberts Road with the school going in. Mr. Johnson replied they talked about going down another b lock but those aren I t normal blocks and they'll have to look at the master drainage plan and then put it in as a dual purpose and you'll have a curve. He noted the problem on Roberts Road when you cross the railroad tracks. Councilwoman Bennington asked about the Hospital Board appointments. She noted they got one application. Mr. Johnson said he got 2 or 3 telephone calls and they'll be getting others in. Councilwoman Bennington asked the reporters to put it in the newspapers. Councilwoman Bennington stated she's been asked about the stormwater management problem by non-residential property owners and they don't know they can appeal. She said it's policy to take shell as impervious. Mr. Johnson explained it's impervious if it's a driveway and not like regular ground. Councilwoman Bennington stated it's not pavement. Mr. Johnson explained water tends to run off when there's a base. Councilwoman Bennington suggested they let the non- residential owners be more aware of the appeal process because some are being assessed at a much higher rate. Mr. Johnson noted all the appeals are evaluated and most got credit but some did not, and the data base came from the County's tax records. Councilwoman Bennington pointed out that every re-calculation done is charged for by the Engineers and they did the initial stormwater feasibility study with the formulas. Mr. Johnson explained they did the data base and we did the input in house. Councilwoman Bennington questioned why it wasn't done right to begin with if they were going to impose a fee. Mr. Johnson explained there was no way they could afford to do a house to house survey without taking tax records. He added the tax records were supposed to be accurate and the only problem is with commercial property, and the new engineer will be doing this. Councilwoman Bennington asked the position of the Jiffv Store nrnnprtv_ Mr_ . .,.. ..... COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) explained DOT and the City are involved including letting the man build to start with because it didn't meet the site plan. He added in the future they'll make sure it's done right and he's instructed staff to properly review it. Council- woman Bennington stated she gets calls on it every time it rains. Mr. Johnson pointed out India Palm has a front yard that's two foot lower than the street. QUESTIONS FROM PRESS Jennifer Halperin, News Journal, asked the procedure for people interested in submitting applications. Mr. Johnson replied the suggestion was made by some from the State that they make sure they put their party affiliation since we have a Republican Governor. Mr. Johnson stated that during January they have two holidays and according to the Charter they can't have meetings on holidays and you back off to the preceding Wednesday. He added that since it's Christmas and New Year's they could cancel it and call a special meeting for the Wednesday after New Years with the second one on a Wednesday not a problem. He said he'll bring it up at the next meeting. ADJOURN Mayor Mitchum requested a motion to adjourn. Councilman Gold so moved. Councilman Hatfield seconded the motion. Meeting was adjourned at 8:50 p.m. Minutes submitted by: Lura Sue Koser ATTEST: l./' --L-L~-- CITY CLltRK A'Jied s If' day of /0 ,/. ~;29:___