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06-10-1983 - Special ~-~, u u -~ CITY COUNCIL OF EDGEWATER SPECIAL MEETING JUNE 10, 1983 MINUTES Mayor David Ledbetter called the Special Meeting of Council to order at 9:00A.M. in the Community Center. The meeting was called as a continuation of the Workshop on Pelican Cove West held May 19, 1983. ROLL CALL Mayor David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Mr. Scott Spooner from Briley, were also present. Present City Attorney Jose' Alvarez Present City Clerk Nancy Blazi Present Deputy City Clerk Susan Wadsworth Present Police Chief Earl Baugh Wild & Associates and Ms. Connie Kinsey, Finance Director, Present Excused Present Present City Attorney Alvarez summarized the May 19, 1983, Workshop, and said one issue was the release of the performance bond money placed with the City by Mr. Carder, based upon an opinion of completion by our City Engineers. Other issues were the interest on this amount of money, which was to be discussed between the two attorneys, the money deposited pursuant to the one year warranty, and the impact fee, which is depending on present litiqation else- where in the State. City Attorney Alvarez asked Ms. Kinsey t~e amount of the bond posted and she replied it was $71,500. He asked her the amount posted for the one year guarantee and she replied it was $20,150. City Attorney Alvarez said at the Workshop it was dis- cussed to substitute for cash of $20,150. with a letter of credit from a local bank, and the letter of credit should be submitted to his office for review. He felt the main issue this date is to take action on the $71,500. and the action would be based on information from the City Engineers. He referred to the June 3rd memo from Mr. Spooner and two l.etters from Mr. Cross dated April 22nd. He asked Mr. Spooner to tell the Council whether or not the necessary improvements have been made so that Council can release the bond money, and asked for input from members of the staff, Mr. Copeland and Mr. Wadsworth. Mr. Scott Spooner, Briley, Wild & Associates Engineer, spoke to Council. Deputy City Clerk Susan Wadsworth read the April 22,1983 letter regarding the revised drawings for Phase I of Pelican Cove West. City Attorney Alvarez read the June 2nd memo from the City Clerk regarding Mr. Cross's telephone conversation with the secretary concerning the May 25th inspection, which had several items to be corrected. The City Attorney asked Mr. Spooner to put into perspective the April 22nd letter from Mr. Cross, the June 2nd memo from the City Clerk, and Mr. Spooner's letter of June 3rd. Mr. Spooner said the inspection was made on May 25th to ascertain what corrections had been incorporated in the subdivision, and they did find some discrepancies but it was basically cosmetic work. City Attorney Alvarez asked the meaning of the term "incorporating into the subdivision" and Mr. Spooner said this means they were installed, and all items addressed in the April 22nd letter were done with the exception of the retention pond in the commercial zone, the 18" storm sewer pipe and two associated catch basins on Falcon Avenue. Those were deleted on the premise that the City would withhold $5,000. from the performance bond. He said he has not been notified since May 25th that those items found in the inspection had been corrected. Mr. Paul Katz, an attorney representing Mr. J. C. Carder, said that Mr. Terry Wadsworth had made a subsequent inspection and will report to Council. Mr. Terry Wadsworth, Superintendent of the Utilities Department, said all corrections from the punch list have been made with the exception of painting the wet well and he has requested that they not do that at this time because when the City takes over a new pumping station such as this, they pull the pumps and go through a routine training program to familiarize themselves with the operation. After that's com~etedand they feel familiar with it, the contractor has agreed to paint the wet well at that time. City Attorney Alvarez stated that based on Mr. Wadsworth's statement and his request that the wet well not be painted at this time, the questions on the June 2nd memo from the City Clerk appear to be answered. The City Attorney referred to the June 3rd letter which stated the City will withhold $5,000. from the developer's performance bond to offset this deletion, which was the deletion of the stormwater retention area in a commercial zone of the subdivision and the associated two catch basins and 18" storm sewer pipe across Falcon Avenue. City Attorney Alvarez asked the City Engineer if they're in a position to say the work has been completed for which the performance bond was placed, and is the City in the position to release the $71,500., minus the $SPOO. for the items not completed. Mr. Spooner said he saw no objection to the City.s releasing that performance bond with the exception of the $5,000. .' r' -. '-I u ~, . . Councilman Spencer asked Mr. Earl Copeland, Superintendent of Public Works, if he had made an inspection and if he was satisfied with the conditions there. Mr. Copeland said he had been there and his concern was that the streets were in, and the sidewalks and driveways, and the retention area in the back, and during these heavy rains water has gone to the catch basins. Councilman Asting asked how the release of part of this performance bond would affect the development of Phase II of Pelican Cove West, and if a new plat plan needs to be submitted for Phase II, and if a performance bond would be posted before that work begins. Mr. Katz said that under the subdivision ordinance, the bond is a requirement before the plat can be released for recording and either all the improvements contained in that final plat have to be in place or a performance bond placed with the City to insure their construction, so Phase II, which will be a separate final plat, will be covered by its own performance bond. Councilman Asting asked if Phase II as a separate project will have a plat submitted to Council for approval. Mr. Katz said it will be considered as a separate final plat phase. Councilman Asting noted that the present plat plan they have on file contains Phase I and Phase II. Mr. Katz said that was the preliminary plat plan, but the final plat, which is the one that is recorded, will have its own improvements and the bond is only to insure that the improvements are constructed. He stated there doesn't have to be a bond if the recording of the plat is not done until after the improvements are constructed, and it's only required when the plat is recorded before the improvements are constructed. City Attorney Alvarez said that he felt Councilman Asting's question was if the final plat would be submitted to Council for approval and Mr. Katz replied it absolutely would be. Mr. Katz stated the final plat that Council will review is to insure that it is consistent with the preliminary plat approved. City Attorney Alvarez asked Ms. Kinsey if Council decides to release the amount of money equivalent to the work that has been performed as required, what amount would that be, leaving the $5,000. the City Engineers advised be retained. Ms. Kinsey replied it would be $66,500. City Attorney Alvarez asked Mr. Spooner if that figure was agreeable to him and Mr. Spooner replied it was. Councilman Spencer moved that Council return $66,500. to Mr. Carder, which had been held as part of the performance bond. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. It was determined that Mr. Carder would talk with Ms. Kinsey regarding issuance of the check. Councilman Asting moved to adjourn the meeting. Councilman Spencer seconded the motion. Meeting was adjourned at 9:30 A.M. Lura Sue Koser (!1 0 ffk I 1.)c-lJ:J r /+ {. . #X M 'fflR '.J (}s-s Minutes submitted by: COUNCILMAN - ZONE ONE ~ r/~c CITY CLE ,?) . ~r Appro d thi s ~ day of d983. ,j, WvIL~ ~ ~ ~ -2- Special Council Meeting Minutes June 10, 1 983