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12-17-1986 - Special . . , ~ ~ CITY COUNCIL OF EDGEWATER SPECIAL MEETING DECEMBER 17, 1986 MINUTES Mayor Earl Baugh called the meeting to order at 5:05 P.M. in the Community Center. He stated the items on the agenda. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Excused Councilman David Mitchum City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Arrived Later Present Present Also present were: Mrs. Lynne Plaskett, Planning Assistant/Grant Administrator, and representing Radnor Corporation were Attorneys Sam Owens and Glenn Storch and Mr. Marty Berg. Mayor Baugh suggested they excuse Chief Schumaker at this time and no Council member expressed an objection. Mayor Baugh recessed the meeting at 5:06 P.M. to await the arrival of the City Attorney, who was in City Hall at that time. During the recess Mrs. Plaskett distributed copies of an Agreement for Attorney Owens. Mayor Baugh called the meeting back to order at 5:23 P.M. Continuation of final action on Ordinance 86-0-36, Amendment to City of Edgewater Comprehensive Development Plan City Attorney Alvarez stated that Council now has the Agreement that was prepared and he asked if they'd had a chance to review it. It was agreed they'd briefly read through it. City Attorney Alvarez stated that the Agreement resulted from a meeting with all Department Heads, and at the end, with Mr. Terry Wadsworth regarding his department and with the Building Official who reviewed the presen- tations pertaining to his department. He added that the Building Official was satisfied and happy with the results. Mayor Baugh asked if recreation impact fees have to be done now or can that be done later because he thought it was basically water and sewer. City Attorney Alvarez replied that he understood it was all impact fees and that's the way they discussed it with the Building Official, who agreed it's good. Mayor Baugh asked the City Attorney if he's happy with the Agreement. City Attorney Alvarez said he was concerned that it correctly stated that the annexation is voluntary and at the developer's own risk and that there are no promises, inducements, or commitments for the annexation or zoning changes. He added they didn't have that statement two nights ago plus they have up front monies they didn't have two nights ago. Attorney Storch noted that there's also a change on the last paragraph. City Attorney Alvarez reviewed that if the project would fold, the City would keep the interest. Attorney Owens said they called Mr. Lyons after the meeting and asked him to assemble the Board of Directors today to get a decision and they got the language and tried to move efficiently. Mayor Baugh asked if it's agreeable with them and Attorney Owens replied yes. Councilman Rotundo asked about the road impact fees and City Attorney Alvarez replied that's the County's road impact fees being paid directly to the County. Mayor Baugh pointed out that agreement was with the County and was already settled with the County. Attorney Owens noted that was one of the conditions placed on the waiver of the moratorium on annexation and it will be conditional on the lawsuits, but they'll make the payments if they're required to. , o o Continuation of final action on Ordinance 86-0-36, Amendment to City of Edgewater Comprehensive Development Plan (Continued) - City Attorney Alvarez said in the event the project doesn't proceed, what the City has spent to provide water and sewer will not be considered to be refundable. Attorney Owens said he hadn't discussed this with anyone, but they don't want to get far in the project with large amounts of money. Councilman Rotundo stated they aren't to start anything until they purchase the property and then they'll start excavating or whatever is needed. Attorney Owens noted that they're prepaying a small amount on water and sewer and will pay additional amounts to guarantee capacity, and he feels it will be covered under the regular laws. He added that he doesn't antici- pate the City would have to make any expenditures for water and sewer for one to two months. City Attorney Alvarez agreed they could refer to 30 days, and after the City undertakes to layout water and sewer, they aren't talking about refunds. Attorney Owens said it's not their intent to recede at that point. Ord. 86-0-36 Amendment to City of Edgewater Comprehensive Development Plan - Councilman Rotundo moved to accept this Ordinance 86-0-36. Councilman Prater seconded the motion. Motion CARRIED 4-0. Mayor Baugh requested a motion to accept this Agreement as stated and as written, allowing him and the City Clerk to sign same. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez noted that the Agreement will have to come back with a Resolution. Mayor Baugh requested a motion to have the City Attorney draw up a Resolution. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Designation of Florida Shores representative for engineering matters for that area - Mayor Baugh stated he talked with the City Attorney about this and he was in agreement that they get a representative from Florida Shores as they're involved as much as any other area and Council doesn't want them to think something's being taken from them. He requested a motion to include Bill Klein as the representative from Florida Shores to meet with the City Attorney and Engineers when they discuss matters pertaining to water and sewer. He noted that Mr. Klein will then have the information first hand to take back to the property owners and association members. City Attorney Alvarez suggested it be named Florida Shores Capital Improvement Area Task Force. Mayor Baugh noted that it includes the City Attorney, the Engineer, and Earl Copeland. City Attorney Alvarez added that they've been in contact with a bond counsel in Tallahassee and at times they'll be contacting the City Auditors. Councilman Rotundo questioned why they're appointing a representative just for Florida Shores since there are problems in the old section also. Mayor Baugh pointed out that the old section already has the water and sewer and paved streets. Councilman Mitchum said he thinks Florida Shores needs to be addressed and soon. He noted they voted on the repairs to the sewer in the old section but the needs of Florida Shores are the utmost needs because they've been ignored long enough. Mayor Baugh pointed out the engineers are still working on the master plan. Councilman Rotundo stated they didn't ignore Florida Shores, and before it became what it is today, the people in the old part of town paid for grading of roads each day when there were just a few houses there. Mayor Baugh suggested they could appoint someone from the old section. He added that they don't have an association such as the one for Florida Shores. -2- Council Special Meeting Minutes December 17, 1986 .' " Q Designation of Florida Shores representative for engineering matters for that area (Continued) - Mayor Baugh stated that he'd talked with Mr. Klein earlier and he agreed he'd accept this. Councilman Rotundo said he'll vote for it if they'll give repre- sentation to the old part. Mayor Baugh said he has no problem with that, but this was only for the Florida Shores area, but they could come up with a name. He suggested they submit a name from the old section for the next meeting. City Attorney Alvarez pointed out the purpose of this is so the community is informed as to what has transpired when they make a final decision for financing, construction, and time tables. There was a brief discussion about keeping people better informed. Mr. Klein suggested they go along with Councilman Rotundo's statement. Mayor Baugh requested a motion that Bill Klein be added to it and a future one to be added when they bring a name to Council. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 4-0. Mayor Baugh requested a motion to adjourn. Councilman Mitchum moved to adjourn. Councilman Prater seconded the motion. Meeting was adjourned at 5:47 P.M. Minutes submitted by: Lura Sue Koser ~ C0:477~ r~$ a~ COUNCILMAN - ZONE FOUR ~ ~ ~ 1/,-, ATTEST: {~S- Approved this 5th day of January ,198~ MA~ ~ ;Sf-- -3- Council Special Meeting Minutes December 17, 1986