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10-21-1985 - Regular ~, u (.) CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 21, 1985 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Harvey Hardin gave the invocation. There was a salute to the Flag. PUBLIC HEARING - SECOND AND FINAL READINGS AND ACTION: Mayor Baugh asked for a motion to recess the Council meeting and go into the Public Hearing. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ord. 85-0-21 - Amending Art.VII, Section 7l5.02.V.(2),Site Plan Approval - City Attorney Alvarez read this Ordinance. ORD. 85-0-21- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VII, SECTION 7l5.02.V.(2), SITE PLAN APPROVAL, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY DELETING SINGLE FAMILY OR DUPLEX SPECIFICALLY FROM SITE PLAN REVIEW; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Ord. 85-0-22 - Amending Ord. 85-0-5 Management Salary and Benefit Plan - City Attorney Alvarez read this Ordinance. ORD. 85-0-22 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 1 OF ORDINANCE 85-0-5 BY PROVIDING FOR QUARTERLY REPORTS TO BE SUBMITTED TO THE CITY COUNCIL, AN ANNUAL SALARY EVALUATION TO BE CONDUCTED ON DEPARTMENT HEADS AND THE CITY ADMINISTRATOR; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PRO- VIDIND AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Mayor Baugh requested a motion to adjourn the Public Hearing and go into the regular meeting. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 85-0-21 - Councilman Asting moved to adopt this Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 85-0-22 - Councilman Rotundo moved to adopt this Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Special Meeting and Workshop of October 3, 1985 - Councilman Prater moved to approve the minutes of the Special Meeting and Workshop of October 3rd. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Regular Meeting of October 7, 1985 - Councilman Asting moved to adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez pointed out that there's a supplemental bill for $30.00 from Brown's Air Conditioning and there were two service calls made in May of 1985 and no purchase order was obtained for one. Councilman Inman moved to pay this supplemental bill of $30.00. Councilman Asting seconded the motion. Motion CARRIED 5-0. ~ o o MISCELLANEOUS John Siburn, 123 Connecticut Avenue, spoke on the annexation, noting that Planning and Zoning denied it and it died due to lack of second by the Council. He asked who's trying to get it through Council and why, as the Council was elected to represent everyone and not just a few. Norman Billups, 1860 Pine Tree Drive, said the answer is no on the annexation and the taxpayers have taken on more than the City can afford to correct. He said he hasn't seen a drainage ditch cleaned from the lake at 19th and Queen Palm and it has to be done or they'll have a repetition of the flooding that occurred before. He suggested that if the equipment can't come to the canal that they use a work boat with men in boots and using equipment to clean it out. He also suggested they have a street paving, water, trash and garbage study done before anything is annexed, and impact fees should be arrived at by this study and future developers, real estate firms, or groups would be assessed to pay these costs of the City services. He also said that damages to the streets caused by developers and builders should be assessed and charged by the City. Mayor Baugh pointed out that the canal has been turned over to the engineer and the Street Superintendent. Councilman Asting stated that he's been riding around the Florida Shores area and reporting the builders who are blocking up the drainage swales and they're taking strong action to prevent it from happening in the future. Jack Spencer, 2604 Victory Palm Drive, stated that last Spring Mrs. Massey requested an abandonment of a section of the buffer strip that separates Florida Shores from adjacent land in the County and they would have allowed her developer client to build homes in the County and utilize City streets. He added that Council wisely denied her request and realized the value of the buffer strip to the City. He said this request to annex 16 lots would wipe out a substantial portion of the buffer strip along the north side of Florida Shores and this was turned down by a 7-0 vote of Planning and Zoning and at the August meeting the Council motion to annex died for lack of second. He said he hoped their objection previously put forth would prevail at this meeting. John Ott, 1924 Royal Palm, presented a petition to Council which was signed by 74 residents in the Queen Palm, Royal Palm, and Sabal Palm area who opposed a recreation area at the Northeast corner of 19th and Royal Palm. He read the statement on the petition. Frank Opal, Florida Shores, spoke on Menard Park lifeguard service and inability to get liability insurance. He asked why someone didn't think of this before. He spoke on the unions' rejecting of the City's offer because they took into account the Council's doubling of their own salaries. He spoke on giving away the 15 foot alley and said next the six foot buffer strip around the City will go. He stated that the 7-0 vote from Planning and Zoning didn't mean anything and they should abolish it. He said to reconsider annexation of 16 lots in an enclave which uses only septic tanks is baloney and is in the flood area. He then asked who put John Street on the map. He stated the lots offered to the City for sale for recreation purposes are owned by Massey Enterprises and asked if it's prime land. Raymond Vath, 1824 Lime Tree, said that Bucky McEver had talked with them about the street watch crime unit, and he's found a supplier for the signs. He said the supplier does not charge for the signs but the request needs to be made on City or Police Department stationery. He asked Council to authorize the Police Chief to write and get these to be passed out. Mayor Baugh asked if there were any objection from Council and no Council member expressed an objection. Charlie Brummett, 1412 Needle Palm, requested a flag burning ceremony to be held on Saturday, November 9th, at 10:30 AM, at Menard Park, which would be conducted by American Legion and DAV. Councilman Asting moved to grant the request. Councilman Inman seconded the motion. Councilman Rotundo asked if a Fire Department member could be present and Mayor Baugh agreed they should be contacted by the City Clerk. Mr. Brummett noted that the fire will be in a container. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes October 21, 1985 , Q o MISCELLANEOUS (Continued) Norman Billups said the City is lacking in flags for the various holidays and he asked that an attempt be made to obtain flag display kits for the homes and offer them at cost to the citizens. Mayor Baugh pointed out that the Parks and Recreation Board is also working on getting flag poles at the parks. Henry Dardinski, 2704 Sabal Palm, echoed Jack Spencer's comments and asked Council to go along with the Planning and Zoning Board. He said when Florida Shores was annexed they didn't consider land for recreation, and there are a lot of children and they need signs posted for their play area and to purchase property to meet the needs. Mayor Baugh pointed out that they purchased 14 acres on Roberts Road for recreation and there are several areas in the City that Parks and Recreation is working on now. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting asked the City Attorney if there had been authorization for him to prepare an ordinance on pornography and adult book stores. City Attorney Alvarez replied no. Councilman Asting moved that they authorize the City Attorney to prepare an ordinance prohibiting adult book stores and pornography sales in the City of Edgewater. Councilman Prater seconded the motion. City Attorney Alvarez said he'd received requests from individual members of Council and has been working to put together a package and make a determination of the best way to achieve the objectives and not make them a target for litigation. Motion CARRIED 5-0. Councilman Inman stated that a petition was given to him by Mrs. Davis with 34 signatures of 34 residents who opposed the playground area on the west side of Woodland Drive in the 2700 block. He read the statement on the petition and presented the petition to Mayor Baugh. City Attorney Report - City Attorney Alvarez stated that the ordinance dealing with regulations on model homes for builders and redoing the fence ordinance drafts were prepared and he requested a meeting. He suggested they meet to put it in final form. City Clerk Reports - City Clerk Martinez stated that at budget time they discussed a new telephone system for the City Hall complex and she requested Council authorization to seek proposals on the system because they can't write spec's or bids for this. Councilman Rotundo moved to authorize City Clerk Martinez to go out and solicit telephone communication proposals. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that Council was given information on a proposal for inventory, indexing, and storage of City records and they have many years of records that could be disposed of if properly filed and authorization is given from the State. She requested Council authorization to use this $2,500 proposal after the City Attorney has reviewed the contract for legality. Councilman Rotundo moved to authorize the request. Councilman Inman seconded the motion. Motion CARRIED 5-0. Fire Department list of new officers and members for 1985-1986 - Mayor Baugh suggested Council approval of the list of new officers and members. Councilman Asting moved to approve the appointments. Councilman Prater seconded the motion. Motion CARRIED 5-0. Public Works Department request to go out for bids for new backhoe-loader- City Clerk Martinez read the October 14th memo from Earl Copeland in which he requested permission to seek bids on a backhoe-loader. Councilman Rotundo moved to authorize City Clerk Martinez to go out for bids for a new backhoe. Councilman Asting seconded the motion. Mayor Baugh asked if funds are budgeted and City Clerk Martinez replied yes. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes October 21, 1985 , o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Utilities Department request to go out for bids for new backhoe - City Clerk Martinez read the October 15th memo from Terry Wadsworth in which he requested authorization to go out for bids on a backhoe for the Field Operations Department, coordinating the bid with the Public Works Depart- ment. Councilman Asting moved to authorize to go out for bids for this backhoe. Councilman Prater seconded the motion. Motion CARRIED 5-0. Utilities Department request to add wastewater to impact fee study on Amendment #1 (Dyer, Riddle, Mills & Precourt,Marshall Engineers) - City Clerk Martinez read the October 14th memo from Terry Wadsworth in which he requested an addendum to Amendment #1 of the agreement with Dyer, Riddle, Mills & Precourt, Marshall, Engineers. Councilman Asting moved that the City Attorney prepare the necessary documents for this item. Councilman Inman seconded the motion. City Clerk Martinez asked if benefit #4 would be included and City Attorney Alvarez replied yes. Motion CARRIED 5-0. Police Chief's request to construct evidence storage area - City Clerk Martinez stated that Council received a copy of the Adjustco insurance report which was an individual department review with the insurance agent and the safety program members and one area of great urgency is the Police evidence area. She noted that the Chief submitted a memo and diagrams to describe what he's requesting. She recommended that this be approved, with the funds to be taken out of unappropriated funds with a budget amendment later for the cost of $6,250. Councilman Inman moved to accept this request. Councilman Asting seconded the motion. Councilman Inman pointed out that the reason it's being placed at Public Works is if the Police Department were to expand in the future due to population growth, this building would be used by Public Works. City Clerk Martinez noted that they can utilize another item and when that item runs short, it will be a budget amendment. Motion CARRIED 5-0. COMMUNICATIONS Pilch Construction request to extend temporary modular building permit until January 6, 1986 - City Clerk Martinez read the October 15th letter from Mr. E. A. Pilch, Sr. Mayor Baugh suggested Council approve it. Councilman Prater moved to give them the 60 days to January 6, 1986. Councilman Asting seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 85-0-23 Prohibiting parking in designated fire lanes - City Attorney Alvarez stated that he prepared this ordinance and in meeting with the Fire Department, Police Chief, and David Jones, questions came to mind, such as the parking tickets. He suggested if they're going to set up this procedure, they should go ahead and use it for other parking violations. He pointed out there is no requirement for fire lanes in the Code and they've adopted a model fire code that requires vehicular access. He asked who'd determine where they have fire lanes, if it's just commercial, and who would do the enforcement, such as the Code Enforcement Officer, the Fire, or the Police Department. Councilman Rotundo asked if the request came from the Fire Department and City Clerk Martinez replied yes. City Attorney Alvarez noted that the Fire Department asked that the Police Department issue tickets to violators in the shopping center. He pointed out that City Hall will have to set up a procedure to establish a fund for this, and he suggested when they meet to discuss the fence and model home ordinance that this item be included. Mayor Baugh agreed they need more input. City Attorney Alvarez suggested they get input from Department Heads also. Mayor Baugh requested it be put on the agenda with the fence and model homes and no Council member expressed an objection. City Attorney Alvarez suggested the ordinance regulating adult entertainment is an amendment to the zoning ordinance and needs to go to the Planning and Zoning Board. He asked if what he prepares should be sent to Planning and Zoning first. Mayor Baugh suggested it go to Planning and Zoning first and they can make a recommendation to Council. No Council member expressed an objection. -4- Council Regular Meeting Minutes October 21, 1985 Q o UNFINISHED BUSINESS Reconsider Massey Enterprises Annexation request - Councilman Asting stated that they were requested to bring this before Council again and this can be done under Section 2-27(2), page 204 of the City's ordinances. He offered for Council consideration the annexation of the parcels to keep with Council's policy for growth. He pointed out it will require no funds to be expended, and since it's voluntary annexation, no utilities will be immediately required and it will be classified as a subdivision and be subject to the subdivision ordinance. He added that the City can control the zoning and when development begins it will provide jobs for construction workers and will provide taxes and impact fees to the City for the expansion of City facilities. He said they expect the water production to be increased by about a million gallons and this annexation would hardly affect the water supply. He noted that he'd heard that a road would be made across 12th Street to the County and asked what would be the harm because there are other roads of access. He reviewed other areas where there are no buffers and pointed out there is only one house on 12th Street, which is unpaved, and the paving assessment can be obtained from potential property owners on the north side when paving takes place. He then moved to annex this parcel of land. Councilman Rotundo seconded for questions. Councilman Rotundo said he has figures on impact fees and building permits for this parcel and for the first year the City will utilize about $35,000., and after this year the following years will be $8,000. per year that the City will receive from this annexation. Councilman Prater stated that the City is already getting a lot of side effects from annexing years ago, and he has nothing against annexing land in the proper manner but thinks they should control it with the buffer if they're going to annex it. Councilman Inman asked that a representative speak to Council on this. John Massey came forward. Councilman Inman asked who owns the land adjacent to the 16 lots. Mr. Massey replied that Massey Enterprises owns on the north side, he thinks Volusia County owns on the east side, and on the west side they have a small piece between there and where it turns to go to Willow Oak. Councilman Inman asked if that's already in the City and Mr. Massey replied yes, and annexation would continue the same type of thing as the lots on the other side of Willow Oak and would continue it on 12th Street. Mr. Massey stated there are no buffer strips on Willow Oak, and if they want to put a road in, they just have to buy a lot that's already in the City but they have no roads proposed and don't intend to do this for access. He added that if the property changes use in the future, it's because someone else comes along and does something with it, and they'd have to come back to the City for any requests. Councilman Asting asked if the land to the north is zoned for a tree farm and Mr. Massey replied yes, and it's assessed that way. Mr. Massey pointed out it's a nice screen area and water recharge area and they can get onto their property from Park Avenue. Mayor Baugh asked what it's zoned now and Mr. Massey said it's zoned agriculture and tree farm but it's more valuable to use it for residential lots instead of a tree farm and would provide a buffer between the residential area and the agricultural area. Councilman Prater pointed out they could put it in after the subdivision is in and it could be moved back 125 feet. Mr. Massey said they don't intend to do it and it puts it further away from 12th Street. Councilman Prater asked if they plan to develop it or sell it out lot by lot. Mr. Massey replied they probably will not build the houses but they plan to sell it and develop it. Councilman Prater pointed out they don't know how many developers will be involved there over the next few years. Mr. Massey said they want it to be a nice area and will have some deed restrictions and covenants. Mayor Baugh pointed out they have to do that in the subdivision ordinance. Councilman Prater asked if they plan to do something in the near future and Mr. Massey replied yes. Councilman Prater asked about leaving the buffer as is until they build. Mr. Massey asked if they have to come back to Council each time and Councilman Prater said the builder would take care of it. Mr. Massey asked if the easement will be given with the annexation. -5- Council Regular Meeting Minutes October 21, 1985 ~ Q o UNFINISHED BUSINESS (Continued) Reconsider Massey Enterprises Annexation request (Continued) Mr. Massey asked if the easement will be given with the annexation. City Attorney Alvarez asked how they'd get across the buffer strip if it remains there. Mr. Massey said it will be in his subdivision request to vacate the buffer strip. City Attorney Alvarez explained if they proceed with the ordinance to annex this property, the buffer strip is still there and something has to be done with it to vacate it, or to vacate it piece by piece. Mr. Massey said they'd want to have it done when they go through the subdivision approval. Mayor Baugh asked if the request is to go across the land and Mr. Massey replied yes. Mr. Massey added that as part of the subdivision request, they'll request that the buffer strip be vacated because they can't have land in the City without access to the lots. He also added that it would be a problem from the selling standpoint. Mayor Baugh noted that if the land is purchased to build a home on, then the easement could be given for access, but if a road is requested, it would have to come back to Council. Mr. Massey said they don't intend to ask for a road. Councilman Prater pointed out the last person buying it could request it. Mr. Massey stated they could go to Willow Oak and do that now. Mayor Baugh asked if he'd object to leaving the easement there and have a variance to be granted and Mr. Massey said he'd need some reassurance as a conditional approval to guarantee him that for someone who wants to buy a lot. City Attorney Alvarez said if they'd have site plans and be under R-l, there would be two ordinances, and one would be to annex the property. He asked what the zoning would be. Mr. Massey said they're asking for R-2B, and he was told there'd have to be some classification when it's annexed and he felt it should be the same zoning as across the street. City Attorney Alvarez said the buffer strip could be handled by the site plan and the rezoning ordinance. He asked if it would definitely be 16 lots and Mr. Massey said the corners have been surveyed and it will have 16 lots. City Attorney Alvarez said each buildable lot would have 30, 40, or 50 foot wide access. Mr. Massey said it will be across the front of the property. City Attorney Alvarez said it will be approval for the driveway to get to the property. Mr. Massey stated it has to be conditional approval so they don't have to come back every time. City Attorney Alvarez noted that could be handled administratively. Mayor Baugh pointed out if they request a road, that would be a problem. Mr. Massey said he can live with that. Councilman Inman asked if the tree farm will still be operating and Mr. Massey replied they don't intend to change it at this time, and it's on a small scale. Councilman Inman asked why they want to annex just the 16 lots and Mr. Massey replied they have no development plans for the rest of it, and the land wasn't purchased for speculation purposes and part of it has been in their family for over 50 years. Councilman Prater asked to amend the motion to leave the buffer strip as is with the condition that the Attorney works out forthe easements for the drive- ways to go in for nothing but the dwelling houses and not the property that goes to the back part of the north end of the other property. Councilman Rotundo seconded the motion. Mr. Massey asked if the amendment is to be a conditional approval where as long as they meet the requirements they won't have to ask City Council. City Attorney Alvarez said the intent for approval of the annexation is if a single home is placed on the lot they have an automatic easement to cover the buffer but if it's more than a single family home or just to open up as a right of way, that won't go. Councilman Prater stated it will stay as is on the vacant lots and Mayor Baugh agreed. Amended motion CARRIED 5-0. Original motion CARRIED 5-0. -6- Council Regular Meeting Minutes October 21, 1985 , . o Q UNFINISHED BUSINESS (Continued) Barracuda Area Youth Football Association request - Bob Wolfe, 112 Silver Circle, introduced Mick McCormick of New Smyrna Beach. Mr. Wolfe stated that 46 of the boys involved in football are from Edgewater and there is a total of 86 from Edgewater, New Smyrna Beach, and Oak Hill. He noted it costs about $200 to uniform the boys besides the insurance cost. He said they use the New Smyrna Beach Football Stadium facilities free of cost. Mayor Baugh asked if this is similar to SEVAA and Mr. Wolfe replied yes, but it's done under Pop Warner and goes by ages and weights. Councilman Asting asked if they can donate from the recreation fund and City Attorney Alvarez replied he doesn't think so as the language states it's for the exclusive benefit of Edgewater residents. Councilman Asting asked if they could desig- nate it for Edgewater residents and Mr. Wolfe said no, it will be for all the players and they're all treated the same. Councilman Rotundo asked if they still pay the $3. user fee and Mr. Wolfe replied not for football. Councilman Rotundo asked if they'd request a donation every year and Mr. Wolfe said they'd like to. Mr. Wolfe added they're requesting $2,000.from each City but they'll accept anything, and they get some support from the Volunteer Fire Department and the Elks. Councilman Asting stated that he wished they'd provided for this in the budget. Councilman Inman asked if businesses were contacted and Mr. Wolfe replied yes and they received $10 and $15 donations and expenses are not covered. Councilman Asting asked if Rotary was contacted and Mr. Wolfe replied yes, and they tabled the request. Mr. McCormick said they contacted the businesses each year and this is the first year they've come to the cities. Councilman Rotundo moved to donate $800 toward this program. Mayor Baugh pointed out there's only $4,000 in the budget for the entire year. Motion DIED for lack of second. Councilman Asting moved that they donate $400 from Council promotion funds to the Barracuda Area Youth Football team. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mr. Wolfe thanked Council for the donation. City Clerk Martinez suggested he submit a letter to be placed in the pending budget file for next year. Bike Path Committee - status of project - Councilman Rotundo asked for a Special Meeting on Wednesday, October 23, at 3:00P.M.to discuss this further. No Council member expressed an objection. City Clerk Martinez questioned if the City Engineer should be included and Councilman Rotundo said he didn't think so. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Inman so moved. Councilman Prater seconded the motion. Meeting was adjourned at 8:29 P.M. Lura Sue Koser ~ COUNCILMAN -~~ ~~i~1 :kv COU CILMAN - ZONE W ~ r ~ Minutes submitted by: ATTEST: ~d'~- CITY CLERK Approved this~day 0 - ~ ,198~ MAYOR - 4 hu~~.ft- COUNCILMAN - NE THR~ --b 7J?d ~~~_-c'_ ~C LMAN - ZONE FOUR ,A:~.-4 {/ -7- Council Regular Meeting Minutes October 21, 1985