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04-07-1986 - Regular * . ~ u CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 7, 1986 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 Dr. Lawrence Tee, Edgewater Union Church, gave the invocation. There was a salute to the Flag. PROCLAMATION - "TELECOMMUNICATORS WEEK" APRIL 6-12, 1986 Mayor Baugh read the proclamation to recognize the telecommunicators. Chief Schumaker expressed the appreciation on behalf of the Police Department and introduced the telecommunicators in the audience: Supervisor Virginia Carey, Sandra Davis, Connie Johnson, and Carl Leininger. Mayor Baugh thanked them on behalf of the Council. Mayor Baugh requested a motion to recess the Council meeting and go into the Public Hearings. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: Ord. ~b-U-) Kezonlng trom ll-) to tl-j west ot Kldgewood Avenue and south of old Winn-Dixie shopping center - City Attorney Alvarez read this Ordinance. ORD. 86-0-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE 166.041 (3)(c)(1) AND SECTION 1100. OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING A PORTION OF B-5 ZONING BORDERED ON THE WEST BY LIVE OAK STREET, ON THE SOUTH BY KNAPP AVENUE, ON THE EAST BY NORTH RIDGEWOOD AVENUE AND ON THE NORTH BY THE OLD WINN- DIXIE SHOPPING CENTER, FROM B-5 TO B-3; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; &~ENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER ACCORDINGLY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Ord. 86-0-7 Amending Sect. 200 and 300 of Code by defining screen rooms and regulating encroachments - City Attorney Alvarez read this Ordinance. ORD. 86-0-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 200.00 AND 300.00 RESPECTIVELY, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER BY INTRODUCING A DEFINITION OF SCREEN ROOM AND BY ESTABLISHING SETBACK ENCROACHMENTS FOR ALL DISTRICTS FOR AIR CONDITIONERS, AWNINGS ,BALCONIES , DRIVEWAYS, OVERHANGS, SILLS AND SCREEN ROOMS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for input from the public and there were no comments from the audience. Mayor Baugh asked for Council comments and there were no comments from Council. Ord. 86-0-8 Amending Sect. 602 of Code by establishing high water mark and rear setbacks along Riverside Drive - City Attorney Alvarez read this Ordinance. ORD. 86-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 602.02(d)(2) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER TO ADD TO DIMENSIONAL REQUIREMENTS REAR YARD, BY SPECIFYING THE MINIMUM REAR YARD SHALL BE 30 FT. FROM THE HIGH WATER MARK; 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. Mayor Baugh asked for Council comments and there were no comments from Council. Mayor Baugh requested a motion to close the Public Hearing. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. o o PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: (Continued) Ord. 86-0-5 Rezoning from B-5 to B-3 west of Ridgewood Avenue and south of old Winn-Dixie shopping center - Councilman Inman moved to adopt Ordinance 86-0-5. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ord. 86-0-7 Amending Sect. 200 and 300 of Code by defining screen rooms and regulating encroachments - Councilman Asting moved to adopt this Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 86-0-8 Amending Sect. 602 of Code by establishing high water mark and rear setbacks along Riverside Drive - Councilman Prater moved to adopt Ordinance 86-0-8. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Special Meeting & Workshop of March 13, 1986 - Councilman Asting moved to adopt these minutes. Councilman Inman seconded the motion. Motion CARRIED 5-0. Regular Meeting of March 17, 1986 - Councilman Prater moved to adopt the regular meeting of March 17th minutes. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting & Workshop of March 24, 1986 - Councilman Inman moved to adopt these minutes. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting & Workshop of March 27, 1986 - Councilman Rotundo moved to adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Inman moved to pay the bills and accounts. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated there are two supplemental bills, one from U.S.lAuto Electric, and one for reimbursing a fireman, Scott Chamberlin for his hours at Daytona Beach Community College. She added that both situations involved have been advised of the proper purchasing procedure and she's been.assured it won't happen again. Councilman Rotundo moved to pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mr. Ben Berman, 2215 Sabal Palm, presented a piece of pavement he'd picked up that day and stated the condition of the street is less than satisfactory and it's falling apart by pieces. He said they put some asphalt at his drive- way, but the road won't be correct until the base is correct. Councilman Rotundo asked how large an area it came from and Mr. Berman replied there's a lot of it and he picked up a piece that had broken off. Mayor Baugh asked if it's in front of his house and Mr. Berman said it's about 50 feet away and construction workers are causing the problem. Mayor Baugh stated he'd looked at it and there was nothing but positive responses from the people in the area who talked with Mike Tenney. Mr. Berman said the tar is seeping through and people are stepping on it and putting it on the carpets. He then asked that a representative come down to talk to him. Councilman Asting said he received a letter from residents of Sabal Palm and he's turned it over to Earl Copeland. He added that he's ridden the street almost daily and doesn't see the problem. Mr. Berman asked Councilman Asting to come by and look at it and Councilman Asting said that Earl Copeland will do it. Richard Rowland, 27l0-22nd Street, stated the black top on 22nd Street wasn't thick enough to cover the line that was the divider line. He noted the tele- phone company had dug holes to correct a problem and where they filled it in, the street is caving in and there's a dip. He said it's a hazard for a car to hit that sink hole. He stated they were promised in February the street will be finished to their satisfaction. He added that they'll pay for it, but they want something decent with a nice black top. He asked that someone come down and walk the street with him. Mayor Baugh said he'll have Mr. Copeland check that also and give them a report. -2- Council Regular Meeting Minutes April 7, 1986 o o MISCELLANEOUS (Continued) Mr. Felix Simanowski, 2937 Sabal Palm, questioned why he pays two garbage collections when the house is empty. City Clerk Martinez explained that it's a City ordinance and every home pays a minimim water bill and garbage bill each month. Mr. Simanowski asked if that's legal. City Attorney Alvarez replied that when the plants were built and the bond issue went out, the condition of the issuance of the bond and the bond covenant is there will be a mimimum basic fee for every home served just to have the connection and it's been there since about 1967. He added that it's a regular practice throughout the state. Mr. Simanowski then questioned why he didn't get interest on his deposit on the meter as other companies refund the interest. City Clerk Martinez replied that she understands from the auditors that as long as there is indebtedness on the systems, there is no obligation for the municipality to pay that. Mayor Baugh attempted to explain the procedure and suggested City Clerk Martinez check it and find out again. Mr. Simanowski said there's a big dip on Sabal Palm that gets bigger each day. Councilman Asting said Mr. Copeland got the information that day and he was directed to take care of it. Mr. Henry Dardinski, 2704 Sabal Palm, questioned the difference in cost to pave Travelers Palm in the last program and to pave Sabal Palm this year. He asked how they arrived at these figures and City Clerk Martinez replied it's exact cost based on their bills. She pointed out it's over what the estimate was but $4.07 is the cap. Councilman Asting said an outside firm coming in and doing that like Travelers Palm would run about $20 a foot compared to about $5 for the last paving. Mr. Dardinski pointed out they can walk down the street with a stick and will find hollow spots which indicates the surface was not bonded to the subsoil. He added that he doesn't think it will stand up. Councilman Asting stated that if the surface doesn't hold up, the City will repair it as their responsibility. Mr. Dardinski said he under- stands they can only be assessed once but if it's then repaired by the City, the City gets their money from the taxpayers. Councilman Asting pointed out everyone in the City pays taxes and some money goes into the street maintenance. Mayor Baugh stated that the former Council had roads paved by contractors and the shoulders are broken up more with that method than they're having broken now. He added that it's not as smooth but the dust is down and it makes a good surface. He noted that Willow Oak was done this way years ago and it's holding up. Mr. Dardinski asked if the time and effort they're spending now is being utilized to the best interest of the taxpayers and Mayor Baugh replied he thinks so, but he doesn't think the cement was put in right by the company and he won't recommend they use that firm again. Mr. Dardinski suggested if Mr. Copeland uses the same type of workmanship again, he should put in a thicker base. Mayor Baugh pointed out they are following the procedure established by the County, and they may have to perfect it. Councilman Asting noted they no longer have dust problems or washouts with heavy rains. Mr. Dardinsksi commended the Council. Councilman Asting said they'd doing what they can afford and Mr. Dardinski suggested the manner in which they're doing it needs closely watched. Mr. John Scarantino, 2212 Sabal Palm, said that 26th to 30th is beautiful but from 26th back to 18th is bad and he has to take his shoes off before he goes in his house because of tar. Mayor Baugh said they'll have Mr. Copeland check it. Mr. Scarantino pointed out the trucks are backing in and tearing the street up where they're building two new homes at 22nd and Sabal. Mayor Baugh said they'll have Mr. Fischer check out there because there's an ordinance that states the contractor will have to fix it if he tears up the road and they'll enforce it. Mr. Scarantino said they'll bring oil into their homes on their feet if they're going to put oil on it. Mayor Baugh again said he'll have Mr. Copeland check it. -3- Council Regular Meeting Minutes April 7, 1986 o o MISCELLANEOUS (Continued) Mr. Emil Weiler, 403 Shangri La Circle, said he's been trying for three years to get a screen room and he can't get a definition of a screen room and regulating encroachments. He said he can measure where it can fit on either side. He said he was told to get a lawyer but Coleman is the culprit. He stated he's not allowed in the sun from 10 AM to 2PM because of skin cancer but has to live here because of his wife's health. He asked to receive a copy of the information and City Clerk Martinez said if he comes to City Hall he can receive copies at 25~ a page. Mr. Robert Yanchis, 1322 Saba 1 Palm, asked Council to consider paving 12th Street on the northern part of Florida Shores as it's highly used. He presented a petition with about 40 signatures. Mayor Baugh said he'll furnish a copy to Council and they've talked about this in the past but they can make the decision. Councilman Asting stated the money available for paving isn't great and they're trying to do the best they can with the money they have. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - There were no City Council reports at this time. City Attorney Reports - City Attorney Alvarez stated he'll comment on the last item on the agenda. City Clerk Reports - City Clerk Martinez said the auditors recommended the City obtain bids from various banking establishments for banking services, and to do this, they need Council authorization to proceed with the bid procedure for the banking bids. Councilman Asting moved to grant the authority to the City Clerk to advertise. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated they need to designate a representative from the City for grant papers for the park at 442 and Riverside Drive. She noted that previously it was the Recreation Director and she recommended it be Mr. David Garrett as the Recreation Director. Mayor Baugh also recommended he be named. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Clerk Martinez said the Public Employees Association Labor Agreement states the employee-management committee will consist of four people, and two will be employees chosen by the membership and two are to be designated by the City Councils. She said they've requested a meeting so Council needs to designate two. Mayor Baugh recommended Councilman Inman and City Clerk Martinez serve as the two representatives for the City because they're both familiar with the contract and Councilman Inman was the negotiator. Councilman Asting so moved. Councilman Prater seconded the motion. Mayor Baugh asked if they'll accept it. Councilman Inman agreed he'd accept it, but he wouldn't vote on it. There was a brief discussion as to whether this was a conflict and City Attorney Alvarez determined it would not inure to his private gain and would not be a conflict. City Clerk Martinez said she'll accept the appointment. Motion CARRIED 5-0. City Clerk Martinez stated that the minutes of the January 7, 1985, meeting show the motion for the salary of the Civil Defense Director was to continue for the rest of the year and they need to clarify this with a motion to continue it for the remainder of this fiscal year to put a specific date and time on it, and that it can be considered again for October 1st. Councilman Inman so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated they need Council authorization to cut a check for the Volusia League of Municipalities dinner on April 24th, which will be hosted by Holly Hill. She added the check will be for those wishing to attend. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Council Reports - Mayor Baugh asked Mr. Pat DiLeva, who was in the audience, if he had a letter from the Assistant Fire Chief and Mr. DiLeva replied no, but the Assistant Chief was planning to be at this meeting. Mayor Baugh said they'll be presented with a letter. -4- Council Regular Meeting Minutes April 7, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Volunteer Fire Department re: 4th of July fireworks - City Clerk Martinez read the March 17th memo from Mr. Pat DiLeva requesting the $2,000 check in the Fire Department's budget for fireworks. She pointed out it's a budgeted item but they need Council authorization to cut the check. Councilman Inman moved to cut the check for the Volunteer Fire Department fireworks for their program. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Industrial Development Board - John Vazquez request to not be reappointed - City Clerk Martinez read the February 25th letter from Mr. Vazquez in which he asked that he not be considered for reappointment due to business and personal obligations. Councilman Asting moved they accept the resignation and send Mr. Vazquez a letter of appreciation for his service on the Board. Councilman Inman seconded the motion. Motion CARRIED 5-0. Industrial Development Board - recommendations for appointments to fill two vacancies due to expired terms - City Clerk Martinez read a portion of the April 1st letter from Chairman Doris Massey, in which she stated the Board recommended in order of choice the following: Florence Baker, Leila Wilsey, and Dale Andrew. Councilman Asting asked to move item 9.E. up to this point on the agenda to discuss the resolution regarding this Board. Mayor Baugh suggested they also move item 9.G. up also which was the appointments to the Board. No Council member expressed an objection. Res. 86-R-20 Removing residency requirement for members of Industrial Develop- ment Board - Councilman Asting stated this deals with changes to the by-laws of the Board. City Attorney Alvarez read this Resolution. Res. 86-R-20 - A RESOLUTION OF THE CITY COUNCIL' OF THE CITY OF EDGEWATER, FLORIDA, AMENDING RESOLUTION NO. 79-R-39 BY REDUCING THE MEMBERSHIP FROM 10 TO 7; REMOVING REQUIREMENTS OF CITY RESIDENCY FOR APPOINTMENTS; AND REQUIRING A MAJORITY OF THE ENTIRE MEMBERSHIP FOR ANY ACTION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 86-R-22 Appointing two members to Industrial Development Board due to expired terms - Mayor Baugh asked for Council recommendations, noting there were three from the Board. Councilman Asting nominated Florence Baker as a candidate to fill the vacancy on the Industrial development Board. Councilman Inman nominated Dale Andrew to the Industrial Development Board. Councilman Asting moved the nominations be closed. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh stated it seems to be the Council's intent to name Florence Baker and Dale Andrew and he asked for a motion to that effect. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez read this Resolution. RES. 86-R-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He inserted the names of Florence Baker and Dale Andrew for terms to end April 8, 1989. Councilman Asting moved to adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Inman moved to send a letter to Doris Massey for the outstanding job she did while serving as Chairman of the Industrial Development Board. Councilman Asting seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board appointment to fill vacancy for unexpired term (Tabled 3/17/86) - Mayor Baugh noted there's a Resolution under item 9.F. and asked that it be moved up to this point also. There were no objections from Council. Councilman Asting nominated Nancy Blazi as a candidate to fill the vacancy on the Planning and Zoning Board. Councilman Inman moved to close the nominations. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked if it's the intent to appoint Nancy Blazi to the Planning and Zoning Board. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes April 7, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Res. 86-R-2l Appointing one member to Planning & Zoning Board for unexpired term - City Attorney Alvarez read the Resolution. RES 86-R-2l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. He inserted the name of Nanzy Blazi for an unexpired term to end February 13, 1988. Councilman Asting moved to adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. Merit Board - recommendation to accept Fire Safety Inspector/Assistant Code Enforcement Officer job description and pay grade - City Clerk Martinez said this was taken to the Merit Board by the Department Head and she's in complete agreement with where it's placed on the scale and the job duties. She pointed out she has a problem with the official title, ~nd Building Offi~ial!CodeEnforce- ment Officer could be inserted where applicable. Councilman Rotundo so moved. Councilman Prater seconded the motion. Councilman Inman asked what grade the Building Official is and City Clerk Martinez said it's not on a grade, but is management. Motion CARRIED 5-0. Merit Board - recommendation to exempt 6 month probation employees from receiving two step increase - City Clerk Martinez stated this situation came up and it's a gray area in the Merit Plan. She noted they haven't given two steps at six months and they'd like Council motion to back this up instead of just administratively handled, and they'll write the words "except 6 months probation". Councilman Asting moved to accept the recommendation of the City Clerk on this matter. Councilman Inman seconded the motion. Motion ~ARRIED 5-0. Parks & Recreation Board request to conduct study and formulate policy to acquire, develop, and maintain open spaces, parks, and recreational areas - Mayor Baugh asked if there will be a cost involved with this and City Clerk Martinez replied she understands the Board will do it. Councilman Asting moved to TABLE this matter because he'd like to study it further. Mayor Baugh asked if would be back for the next Council meeting and Councilman Asting replied it depends on if they have an opportunity to look at it thoroughly and understand what it means. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh suggested they talk to the Parks and Recreation Board members to get their input. Councilman Rotundo asked when they have their next meeting and Mr. Tom Sheridan, Chairman of the Board, who was seated in the audience, replied it is this Wednesday night. Mayor Baugh said he'd be there. COMMUNICATIONS Perry Barrett request to vacate alley - City Clerk Martinez read the March 18th letter from Mr. Perry Barrett requesting the alley between Hibiscus and India Palm be vacated. She noted they received answers from each Department Head stating they feel the alleyway should be City ownership but that the barricade at the very end could be removed. Mayor Baugh recommended that they not vacate this right of way and due to the request, whoever it takes for the City to correct this to remove that one barricade to have ingress and egress from both ends to the point in the center to allow each one to travel to their buildings. He added they need to get the one barricade removed. Councilman Inman so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh asked that Mr. Earl Copeland be contacted to take care of this and City Clerk Martinez replied she'd do it the next morning. Metropolitan Planning Organization re: right-of-way protection ordinance - City Clerk Martinez stated this was withdrawn due to a letter received that day asking to hold up on it and it will be placed on hold until she hears from M.P.O. again. -6- Council Regular Meeting Minutes April 7, 1986 o o ORDINANCES AND RESOLUTIONS Ord. 86-0-9 Allowing upholstery business as a permitted use in B-3 zoning - City Attorney Alvarez read this Ordinance. ORD. 86-0-9 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, ARTICLE VI, BY ALLOWING UPHOLSTERY BUSINESSES AS A PERMITTED USE IN B-3; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt the Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 86-0-10 Prohibiting construction noises on week-ends and holidays - City Attorney Alvarez read this Ordinance, noting that if approved, it will be added to the new revised Building Code ordinance which Council sent to the Building Code Board. ORD. 86-0-10 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADDING SECTION 7-356 TO ARTICLE X. GENERAL CONTRACTORS OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REGULATING NOISE FROM THE OPERATING OF TOOLS OR EQUIPMENT USED IN CONSTRUCTION; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to adopt Ordinance 86-0-10. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 86-R-18 Authorizing appropriate officials to execute Amendment No.3 to agreement with Dyer, Riddle, Mills & Precourt, Inc./Marshall, Engineers - City Attorney Alvarez read this Resolution. RES. 86-R-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT FOR CONSULTING ENGINEERING SERVICES WITH DYER, RIDDLE, MILLS & PRECOURT, INC. AND MARSHALL, ENGINEERS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution. Councilman Inman seconded the motion. Motion CARRIED 5-0. Res. 86-R-19 Accepting final assessments and completed improvements for portions of Needle Palm Drive, Sabal Palm Drive, 22nd Street and 30th Street - City Attorney Alvarez read this Resolution. RES. 86-R-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO CHAPTER 170 OF FLORIDA STATUTES, ACCEPTING THE FINAL ASSESSMENTS AND THE COMPLETED IMPROVE- MENTS FOR NEEDLE PALM DRIVE FROM ITS INTERSECTION WITH 16TH STREET SOUTH TO INDIAN RIVER BOULEVARD, SABAL PALM DRIVE FROM ITS INTERSECTION AT 21ST STREET SOUTH TO 30TH STREET, 22ND STREET FROM ITS INTERSECTION WITH WILLOW OAK DRIVE WEST TO SILVER PALM DRIVE, AND 30TH STREET FROM ITS INTERSECTION WITH WILLOW OAK DRIVE WEST TO SILVER PALM DRIVE; PROVIDING FOR PAYMENT OF SAID ASSESSMENTS WITHOUT INTEREST WITHIN THIRTY (30) DAYS; PROVIDING FOR AN INTEREST RATE OF 7~% (ANNUAL PERCENTAGE RATE); REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution. Councilman Rotundo seconded the motion, and noted if they have any problems recur, the City will go back and fix these streets. Mayor Baugh agreed. Motion CARRIED 5-0. Res. 86-R-23 Adding two patrolmen to Police force - City Attorney Alvarez read this Resolution. RES. 86-R-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTION 39 OF THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA, INCREASING THE NUMBER OF POLICE OFFICERS IN THE POLICE DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING TWO ADDITIONAL PATROLMEN; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Inman moved to adopt this Resolution. Councilman Asting seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Edgewater Alliance Church request to vacate and relocate portion of Mockingbird Lane (Tabled 3/3/86) - Mayor Baugh noted this was tabled for input from Department Heads and they now have their comments. He read the various comments they received and said he tends to agree with Chief Schumaker and others who don't think it's a needed thing. Councilman Inman said he concurs with Chief Schumaker's comments regarding the 900 turns. He then referred to the possibility of a dangerous situation with these turns, and said he concurs with Mr. Copeland's suggestion to build a walkway across the road which would be cheaper for the Church than to change the road. Councilman Inman then moved to refuse the request to vacate and relocate a portion of Mockingbird Lane, with a letter to Edgewater Alliance Church sta~ingthey look into a. walkway across the-.road :instead of _overhead,as suggested by Mr.Copeland, Councilman Asting seconded the motion, based on information received from the Department Heads. Motion CARRIED 4-1. Councilman Rotundo voted NO. -7- Council Regular Meeting Minutes April 7, 1986 o o NEW BUSINESS Purchase of Bell property, acceptance of deeds to portion of Carol Ann Drive and Wildwood Lot #164, Unit 3 - City Attorney Alvarez stated this item is before Council due to assignments he's received because of a problem for a resolution of the Wildwood situation. He noted that Mr. Earl Copeland came to administration because he couldn't gain access to the east canal in Wildwood to clean the canal, and when he tried to go down the road he was told it was a private road and to get out. He said there was property in that area being sought for a Library site and the area was reviewed. He showed on the wall map the area being discussed. He said Mr. James Bell gave temporary approval to cross his property with City equipment and cross through the empty lot in the northeast corner of Wild- wood to gain access to the canal. He noted it was a temporary arrangement and the concept developed of a combination of the City having access to Carol Ann Drive as a public right of way, at least the northern part of it, and to get title to the empty lot which was considered as a possible emergency exit out of Wildwood in the event of a flood. He said the City could purchase this property, which is a beautiful piece of property with a pond and an area available for whatever use Council thinks is proper. Councilman Asting asked how it looks as to being developed into a recreational area and City Attorney Alvarez replied there are beautiful trees and a pond, and he's discussed it with the Chairman of the Parks and Recreation Board. He suggested the section facing Park Avenue could be utilized by the City as a tennis court, handball court, etc, and there's presently a business located at the corner of Carol Ann Drive and Park which Mr. Bell holds the mortgage for. He said he decided to bring it to Council to see if they want to continue with it or drop it. He stated that appraisals were obtained and the negotiated price is about $17,000 below the lowest of the two appraisals, because the seller wasn't aware they had obtained a deed to gain access to Carol Ann Drive. He added that the owner of the empty lot has agreed to deed it to the City. Councilman Asting asked if it's Frank Hall's property and City Attorney Alvarez replied yes. City Attorney Alvarez said the owner of some of the property toward the end of Carol Ann Drive has offered to work with the City in granting a covered drainage ditch going across his property and the neighbors into the shell pit to drain water from the south end of Wildwood. Councilman Asting noted they have a recreational area to the south on Roberts Road and this would provide one to the northern part of the City, in adddition to other purposes it might be used for. Mayor Baugh asked if it's I-I zoning and City Attorney Alvarez replied it might be I-I abutting Park Avenue. Councilman Asting said he doesn't think it would be suitable for a Library site based on information received when they met with the Library Committee. City Attorney Alvarez asked if Council wants to proceed with the purchase, then the deed to Carol Ann Drive should be recorded, and also the deed to the empty lot, and if they don't want to proceed, he'll return both deeds to the property owners. He noted there is a question of financing, and there are various ways,and the owner would be willing to work on terms with the City, or a cash transaction, depending on what purposes it's bought for, and the availability of funds. Councilman Asting moved that the Council express its intent to purchase this parcel of land. Councilman Rotundo seconded the motion and asked Mr. Tom Sheridan, Chairman of the Parks and Recreation Board, who was in the audience, to speak to Council. -8- Council Regular Meeting Minutes April 7, 1986 , o Q NEW BUSINESS (Continued) Purchase of Bell property, acceptance of deed to portion of Carol Ann Drive and Wildwood Lot #164, Unit 3 (Continued) - Councilman Rotundo asked if he'd looked at this property and Mr. Sheridan replied yes. Councilman Rotundo asked if they have approval and Mr. Sheridan said they had Board members and an architect there but the controversy was the pond because of children falling in. Mr. Sheridan suggested they could use a 15 to 1 grade so the slope is gentle and nobody could fall in, and they could make it a fishing pond. Councilman Rotundo asked how deep it is and Mr. Sheridan replied about 6 to 8 feet. Councilman Asting pointed out they have many ponds in Florida Shores that could pose a safety hazard but he's not heard of anyone falling in. Councilman Rotundo asked if it can be filled in and Mayor Baugh replied he didn't see why not. Mr. Sheridan said it would be an ideal fishing pond. Mayor Baugh suggested they look at it as it might be a part of the drainage from Wildwood, and Mr. Sheridan said it's different from the drainage ditch. City Clerk Martinez questioned about the overflow and suggested an engineering review would be necessary. Councilman Asting asked if could be a recreational area and Mr. Sheridan said it would be ideal because there's very little filling and clearing needed and they have beautiful trees. Councilman Rotundo asked if he feels it's worth the money and Mr. Sheridan replied it is, in his opinion. Councilman Prater asked if it would be corning out of the Parks and Recreation fund and Councilman Asting pointed out there's $171,000 in the recreational fund. Councilman Inman expressed his concern about the pond but agreed it could be a gradual slope and they could stock it with fish. He added this could be the Council's solution to the problem in Wildwood. Mayor Baugh said he'd like to have had more information in the beginning because he wasn't aware it was happening, but he realizes the problem in Wildwood. City Attorney Alvarez pointed out they had a meeting at which he explained the concept and nothing had changed since then, except some of the residents in the area thought it was a move from the City to annex them in. Motion of intent to purchase CARRIED 5-0. City Attorney Alvarez stated he has two deeds to give the City access to a portion of Carol Ann Drive and the other is deeding the lot to the City but there are financial aspects to be worked out and final decisions from Parks and Recreation, etc. He suggested they could record the deeds subject to the City completing the purchase, to be fair to the owners. He asked Council direction to hold off the deeds or to record them, noting it will corne back with recommendations on finances. Mayor Baugh suggested a meeting to discuss it on Monday, April 14th, at 3:00 PM. No Council member expressed an objection. Councilman Rotundo asked if they have to put a binder down and City Attorney Alvarez replied no, and the City has placed no money down. Mayor Baugh suggested the interested parties participate, such as Mr. Hall and whoever is involved. City Attorney Alvarez pointed out the purpose was to deed it to the City and not be involved. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Inman so moved. Councilman Prater seconded the motion. Meeting wa journed at 8:50 P.M. ~~ CITY CLERK ^~ Ap ro~ed this~~ay of , 198~. ~ ~~ 1;: ~ Minutes submitted by: Lur2 Sue Koser ATTEST: _ :;..Z'~ FOUR -9- Council Regular Meeting Minutes April 7, 1986