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08-27-1986 - Regular '.. . o o CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 27, 1986 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:01 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Excused Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Father James Biegler, St. Paul's Episcopal Church, gave the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go out of the regular meeting and go into the Public Hearing. Councilman Inman so moved. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. PUBLIC HEARING - SECOND AND FINAL READING AND ACTION: Ord. 86-0-21 Zoning certain real property located east of U.S.l and south of present City limits - City Attorney Alvarez read this Ordinance. ORD. 86-0-21 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ZONING REAL PROPERTY ANNEXED TO THE CITY OF EDGEWATER, FLORIDA, BY ORDINANCE NO. 86-0-20, FROM VOLUSIA COUNTY R-3 TO CITY OF EDGEWATER MH-2, AND FROM VOLUSIA COUNTY B-4 TO CITY OF EDGEWATER B-3, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR PUBLICATION; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is second and final reading. Mayor Baugh asked for public input. Mrs. Phoebe Powers, 1202 South Riverside Drive, asked the following questions: How much cash do they expect to get from trailers with the $25,000 exemption? Who will pay for water, sewer, and hydrants? Who will maintain roads and sidewalks? How many extra Police will be required to police the extra development? pick up trash and garbage? Who will provide extra fire protection? Who will pay for extra school buses and teachers in classrooms? Who will buy these homes and where will work come from? and Who will get rich from this new development? Attorney Sam Owens, with the Owens and Storch firm, spoke representing the Radnor Corporation. He replied to Mrs. Powers with the following comments: Taxes will not be much different than with a regular single family residence since the prices will be in the $60,000 to $75,000 range, and he pointed out some of the values in certain areas are only $30,000 to $40,000 with a $25,000 exemption; Water and sewer impact fees will be paid by each applicant, which have been set to cover the cost; Police protection would come from the extra revenues between the $25,000 homestead and the value of the homes; Trash and garbage pick up would also be that way; Roads and streets and sidewalks inside the property will be required to be paid for by the developer, per the City's sudivision regulations; He didn't know about the school system here. Mayor Baugh pointed out taxes generated from people moving in will pay for any additions to the schools, and fire protection is provided there now, and garbage and trash will be increased with the revenue coming in. Mayor Baugh requested a motion to close the Public Hearing and go into the regular Council meeting. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Ord. 86-0-21 Zoning certain real property located east of U.S.l and south of present City limits - Councilman Rotundo moved to adopt this Ordinance. Councilman Inman seconded the motion. Motion CARRIED 4-0. Mayor Baugh advised the audience that they added at the last meeting that it won't go into effect unless everything gels. Attorney Owens stated that he understands that. ~ o o APPROVAL OF MINUTES Regular Meeting of August 18, 1986 - Councilman Inman moved to approve the minutes of August 18, 1986. Councilman Prater seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Prater moved to pay the bills and accounts. Councilman Inman seconded the motion. Motion CARRIED 4-0. MISCELLANEOUS Robert Bonney, 2304 Yule Tree, asked about hydrants in his area. Mayor Baugh suggested he contact Mr. Terry Wadsworth, Utilities Superintendent, to learn where the hydrants are now and what his plans are. City Clerk Martinez noted there's a large map showing all the hydrant locations, and those to be added in this fiscal year. Mr. Bonney then said paved streets seem to get a better choice of contractors for the new homes. He asked if some streets will be paved in the near future. Mayor Baugh explained the current paving project, pointing out the City now owns its equipment, and that they anticipate 5 to 10 miles of paving a year. Mr. Bonney asked about flowers or vegetation to be planted on the median of Indian River Boulevard. Mayor Baugh pointed out it's a State highway and the City has trouble getting it mowed. He added they're going to redo 442. He suggested that Mr. Bonney call to get the name and address of people with D.O.T. Mr. Bonney suggested a petition might be helpful. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh introduced Herky Huffman in the audience, who is running for the District 5 Council seat. He said that Mr. Huffman, if elected, will corne down to meet with us. He stated that General Clyde Mann highly recommends him and he was very impressed with him. City Attorney Reports - City Attorney Alvarez said he'd contacted surveyor Dan Cory regarding Riverside Drive and discussed vacating sections of it, determining legal status of rights of way, and the width of it, and location of the old plotted Riverside Drive. He said the County has decided Riverside Drive would qualify for impact fee funds, and they may widen it due to the development in that area. He noted they need a survey and to formulate a position of Council regarding any future vacating of any lands adjacent to Riverside Drive. Dan Cory, surveyor, said he counted 193 parcels on Riverside Drive and the road varies from 60 to 30 foot to zero rights of way. He pointed out if they widen it, they'll have to give at least five foot on each side, or 10 foot, and in some places it comes right to the pavement. He noted that the. Highland Shores area near the Jones' property was previously vacated but they gotnb additional right of way. He pointed out there were parcels in the north end that Gross had to vacate. He said they could be talking about 193 condemnation suits. He noted that when Charlie Hall was City Attorney, it was talked about but never done. City Attorney Alvarez stated it's long overdue. Dan Cory agreed, adding that it's especially needed if the County is going to maintain it. Mayor Baugh asked if it's a City or County road, and City Attorney Alvarez noted that it qualifies for funds. Mayor Baugh asked about a survey. City Attorney Alvarez said they need to establish a policy of the City, as they have a request now to vacate, and they need to see the entire picture and the impact on Riverside Drive. Mayor Baugh asked for an estimate to survey Riverside Drive from the north to the south city limits. Dan Cory replied that as an estimate he'd say $12,000 to $15,000. He pointed out people don't know where their property is and the setback from the pavement. He noted that John Gross had the problem where the road has been on private property for years. Councilman Rotundo said he supports the project, but doesn't know where they'd get the funds. City Clerk Martinez said it would have to be the general fund unless Volusia County would take it out of impact fees. She added they didn't budget a project of this magnitude. Mrs. Lynne Plaskett, Planning Assistant who was in the audience, suggested they split the cost. -2- Council Regular Meeting Minutes August 27, 1986 .. o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Attorney Reports (Continued) - City Attorney Alvarez said they can't continue to ignore where the right of way is, and they can't take any more action on an individual case until they know this. Councilman Rotundo asked if they'd have to buy the land and Mayor Baugh replied they can condemn it. Councilman Rotundo pointed out they'd have to compensate the property owners. Mr. Cory stated they're talking about appraisers' fees also. Councilman Inman suggested they pursue the possibility of the City and County going half and half, since there's no money appropriated. Mayor Baugh asked Mrs. Plaskett, Planning Assistant, to check with the County. He then advised Mr. Cory that it wouldn't be done until October 1 and thanked him for his input. Mr. Cory suggested they call him if they have any questions or thoughts. Mrs. Plaskett said it will help her where people have bought lots and they were never surveyed or plotted. City Clerk Martinez suggested that Lynne Plaskett and the City Attorney go personally to Deland to pursue it. City Attorney Alvarez said he received a call from Jack Ascherl and he'd like to have a Thursday afternoon workshop with Council to come up with terms on the impact fee. He said he questioned what benefit there is for Edgewater if they contributed half a million dollars and what roads would qualify. He noted the roads that may qualify are Park Avenue, Riverside Drive, Dale and John Streets. Mayor Baugh agreed they could meet after Councilman Asting returns. There were no objections from Council. Mayor Baugh said he'd asked the County Council to come other times. Mr. Clyde Mann, former County Councilman who was in the audience, suggested they ask Tom Kelly to come also since Jack Ascherl is running for the legislature. City Clerk Reports - There were no City Clerk reports at this meeting. Planning and Zoning Board request for authorization to submit amended Comprehensive Land Use Plan to Department of Community Affairs - Mayor Baugh asked Mrs. Plaskett, Planning Assistant, if the public hearings have been held and Mrs. Plaskett replied yes. Councilman Rotundo moved that they take the request of the Planning Assistant. Councilman Inman seconded the motion. Motion CARRIED 4-0. Councilman Rotundo asked how far along they are and Mrs. Plaskett replied this is just an amendment to include the annexed property since 1981 and they're allowed two a year. COMMUNICATIONS Volusia County re: renewal of agreement between County and City for Fire and Rescue Services for 1986-87 - City Clerk Martinez said this is a continuation of the fire agreement from previous years with the same dollar amount of $32,000 and it's continued for one more year. Councilman Inman asked if the City Attorney had gone over it and City Attorney Alvarez replied it's a standard contract and it's sent to the carriers to review the liability coverage. Councilman Inman moved to sign this contract agreement between the County and the City for Fire and Rescue service for 1986-87. Councilman Prater seconded the motion. Motion CARRIED 4-0. ORDINANCES AND RESOLUTIONS Res. 86-R-36 Authorizing appropriate officials to execute agreement with Volusia County for Fire and Rescue services for 1986-87 - City Attorney Alvarez read this Resolution. RES. 86-R-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE THE RENEWAL TO THE AGREEMENT WITH VOLUSIA COUNTY FOR FIRE AND RESCUE SERVICE FOR 1986-87; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Inman moved to adopt this Resolution 86-R-36. Councilman Prater seconded the motion. Motion CARRIED 4-0. -3- Council Regular Meeting Minutes August 27, 1986 ~ .. o o ...., J ORDINANCES AND RESOLUTIONS (Continued) Res. 86-R-37 - Assessment roll publication for paving program - City Attorney Alvarez read this Resolution. RES. 86-R-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO FLORIDA STATUTES 170.07, TO PUBLISH THE ASSESSMENT ROLL MADE IN ACCORDANCE WITH FLORIDA STATUTES 170.06, DECLARING ASSESSMENTS UPON ALL LANDS ABUTTING CERTAIN ROADS WITHIN THE FLORIDA SHORES SUB- DIVISION FOR PAVING AND IMPROVING SAID ROADS; DESIGNATING A TIME AND PLACE FOR THE REQUIRED PUBLIC HEARING; REQUIRING NOTICE TO BE PUBLISHED AS REQUIRED BY LAW; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He stated the suggested time for the public hearing is October 6th at 7:00 P.M. Councilman Rotundo moved to adopt this Resolution 86-R-37. Councilman Prater seconded the motion. Motion CARRIED 4-0. Res 86-R-38 Appointing Sue Pezanowski to Parks and Recreation Board for unexpired term - City Attorney Alvarez read this Resolution. RES 86-R-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING SUE PEZANOWSKI TO THE PARKS AND RECREATION 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 AN EFFECTIVE DATE. He inserted the date of the term expiration is May 17, 1987. Councilman Prater moved to adopt Resolution 86-R-38. Councilman Inman seconded the motion. Motion CARRIED 4-0. Res. 86-R-39 Amending Res. 85-R-l re: Florida Contraband Forfeiture Act - City Attorney Alvarez read this Resolution. RES. 86-R-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING RESOLUTION 85-R-l BY DELETING THE REQUIREMENT THAT VIOLATIONS OF FLORIDA CONTRABAND FORFEITURE ACT, F.S. 932.701, ET SEQ, OCCURRING WITHIN THE CORPORATE LIMITS OF THE CITY OF EDGEWATER BE APPLICABLE TO DRUG RELATED FELONIES ONLY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 86-R-39. Councilman Inman seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Rotundo so moved. Councilman Prater seconded the motion. Meeting was adjourned at 7:45 P.M. ~- ?~J.:y CITY CLERK Approved this 15th day of September , 198 6. ~ ~ r;; /to '1~ ~ Minutes submitted by: Lura Sue Koser ATTEST: ~ <J 04= -4- Council Regular Meeting Minutes August 27, 1986