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08-18-1986 - Regular ,> o o CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 18, 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 Arrived Later Present Present INVOCATION, SALUTE TO THE FLAG Reverend Dr. Tee, Edgewater Union Church, gave the invocation. There was a salute to the Flag. PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: Mayor Baugh suggested they continue with City business and go back to this item after the City Attorney arrived. Councilman Rotundo so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of August 4, 1986 - Councilman Inman moved to approve the minutes of August 4, 1986. 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. MISCELLANEOUS Liz Scavarda, 22-year resident of Edgewater, spoke on the agreement with the Humane Society. She expressed her concern with the drive necessary to retrieve an animal 25 miles away compared to 3 miles away for the local shelter. She said she sits on the board of the Humane Society and asked Council to consider returning animal control to the local organization. Mayor Baugh pointed out that Edgewater tries to contact the owners first as we don't want to make the trips unnecessarily. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - There were no Council reports brought up at this meeting. City Attorney Reports - City Attorney Alvarez had not arrived at this time and this item was delayed until later on the agenda. City Clerk Reports - City Clerk Martinez stated she needs Council authorization to cut a check for the Volusia League of Municipalities meeting. She pointed out it's hosted by Deland at Lake Beresford Yacht Club on August 28th. Councilman Prater moved to grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Police Chief - Agreement with Halifax Humane Society of Volusia County, Inc. - City Clerk Martinez read the July 30th memo from Chief Schumaker, requesting that Council accept the service agreement with Halifax Humane Society. She noted that it would be effective October 1st, but conditions are in effect as they operate now. Councilman Rotundo asked if it's for one year. City Clerk Martinez pointed out it can be cancelled by either party with 30 days' notice and is not binding in case they get the local situation straightened out. Councilman Prater moved to grant the Chief his request. Councilman Inman seconded the motion. Motion CARRIED 5-0. Police Chief - Florida Contraband Forfeiture Act - City Clerk Martinez read the August 7th memo from Chief Schumaker, requesting the section "drug related felonies only" be removed from the resolution. Mayor Baugh recommended they change the reso- lution to meet the standards of 932.701. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh requested a motion for the City Attorney to make the necessary changes. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Utilities Superintendent - Proposed increase in time for termination of service for non-payment of bill, and establishment of fee for transfer of meter deposits - City Clerk Martinez read a portion of the August 5th memo from Mr. Terry A. Wadsworth, Utilities Superintendent. She summarized that he's asking for 35 days be put into effect as opposed to 30 days with a $5.00 transfer fee for the admin- istrative process of transferring meter deposits. She noted it will be an ordinance amending two sections of the ordinance. Councilman Asting moved to go for the 35 days as compared to the 30 days, and also the transferring of the deposits from owner or contractor to another party. Mayor Baugh asked if he wants to include in his motion that the Attorney to draw up the necessary papers and Councilman Asting agreed it would be a part of his motion. Councilman Inman seconded the motion. Motion CARRIED 5-0. Utilities Superintendent - Proposed Change Order #2, Park Avenue Water Treatment Plant (Wharton Smith, Inc.) - City Clerk Martinez read the August 13th memo from Mr. Terry A. Wadsworth, Utilities Superintendent, requesting approval of a change order for modified high service pump controls and lime pond drain improvements for a total of $16,405.00. His memo stated there were still funds available in the contingency portion to cover this expense. Mayor Baugh pointed out they saved more than that with the last change order and City Clerk Martinez agreed. Councilman Asting moved to grant this request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Civil Defense Director re: Post Disaster Redevelopment Rule request - City Clerk Martinez stated she'd talked with Lee Barnett from the City of New Smyrna Beach and Joe Nasser regarding this and with Vic Vandergrifft's approval, the recommendation was to go with the Hazard Mitigation Plan. She pointed out they're under the County's plan now. She said it needs Council authorization for the reply to the Department of Community Affairs. Mayor Baugh asked if the County is going by this now and City Clerk Martinez replied yes. Councilman Asting moved to grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Parks & Recreation Board - Resignation of Chairman Thomas L. Sheridan (Tabled August 4, 1986)- Councilman Prater moved to remove this from the table. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez arrived at the meeting at this time, 7:18 P.M. Parks & Recreation Board - Recommendation to fill vacancy - Councilman Prater moved to nominate Sue Pezanowski for the candidate on the Board. Councilman Inman seconded the motion. Councilman Asting moved to close the nominations. Councilman Prater seconded the motion. Motion to close nominations CARRIED 5-0. Motion on Sue Pezanowski for the candidate CARRIED 5-0. Mayor Baugh requested a motion to the City Attorney to draw up the resolution. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (From earlier on agenda) City Attorney Reports (This item was delayed for the City Attorney's arrival.) City Attorney Alvarez went into a lengthy detail of paper streets versus asphalt streets, comparing Park Avenue to Riverside Drive. He depicted a Riverside Drive replica on the chalk board. He reviewed the past lawsuit regarding the Jurgenson property, at which the City was successful, and showed where the City park is located. He noted when the County vacated it on paper, half went to the City and the other half went to the upland owners. He said he received a call and then a letter from an attorney asking for a deed from the City for the portion of what formerly was the paper road, which was the old asphalt. He said he was advised that this is holding up the refinancing of the home, per a letter dated August 11th. He pointed out there are some questions that need to be answered by the City Engineer about the width of the right of way, and from Public Works and water and sewer, and any easements. He noted it would be the same procedure as with the John Gross property. He also recommended a survey. He said he told their attorney to send him two deeds, one from us to them and one from them to us, to make sure we don't jeopardize what we won in court and for Council to make a decision. He pointed out Council could ask payment for it, or not give it to them. He asked if they want to issue a deed contingent upon them issuing us a deed. He suggested they get adminis- tration involved. Mayor Baugh recommended they turn it over to the City Attorney and administration to take the necessary steps to get this cleared up and bring it back in the form of a report. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes August 18, 1986 o o Mayor Baugh requested a motion to go out of the regular meeting and go into the Public Hearing. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. PUBLIC HEARING - SECOND AND FINAL READING & ACTION: Ord. 86-0-20 Annexing certain real property located east of U.S.l and south of present City limits - City Attorney Alvarez read this Ordinance. ORD. 86-0-20- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 1, TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; 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. Attorney Sam Owens, with the law firm of Owens and Storch, spoke for the applicant. He said he talked with City Attorney Alvarez about a minor amendment regarding the annexing and rezoning occurring simultaneously and he wanted it all done together but they're delayed with the Comprehensive Plan. He said he wants the effective date to be the same as the hearing for the Comprehensive Plan. He noted the contracts are contingent, and he hopes they'll get positive reports from the agencies, but if something unforeseen comes up, they need the ability to move away from the contract and proceed with some other site. He requested the motion would have the amendment for the ability to withdraw the application. City Attorney Alvarez pointed out he wants an amendment to Section 9 of the ordinance regarding the effective date and it would read "and the completion of any necessary amendments to the Comprehensive Land Use Plan." Mayor Baugh asked if it will be an amendment to the ordinance and City Attorney Alvarez replied yes. Councilman Rotundo asked what happens to the land as far as annexation is involved if the project doesn't proceed. City Attorney Alvarez replied the land will be annexed and rezoned to the City on the date the City Council adopts the Comprehensive Land Use Plan, which would be about 90 days from now. Attorney Owens said they'd withdraw their application for rezoning, etc. City Attorney Alvarez agreed they can always withdraw it, and after they annex it, there's a period of 30 days before it becomes final, pursuant to State Statutes. He added that this change doesn't effect the substance of the ordinance. Helen Christenson, 110 Charles Street, asked about the moratorium between Oak Hill and Edgewater, and also asked how many lots they're planning, the price range, and if they'll be rentals or sales. Attorney Owens agreed the moratorium is in effect and they're trying to take all they're doing before this governing body and to the County as well. He said the County is preparing an ordinance which will have tougher environmental standards. He noted they're making sure they'll meet their require- ments and have hired a biological engineer. He introduced Mr. Marty Berge, who represents the developer, and stated these will be owned and not rentals. Mr. Berge said it will be a housing subdivision and he'll be the on-site developer. He added each individual owns his own home and lot and a share of the entire project. He said the lot sizes aren't definite yet, and it will be approximately 450 lots. Ms. Christenson asked about street widths and Mr. Berge replied it will be 50 feet. Ms. Christenson asked if it will be County dedicated and expressed her concern about ruining the river. Attorney Owens said they met with St. Johns and this is Class 2 waters which is provided one of the greatest protections. He added they asked the engineer to design stormwater and all engineering for the most stringent. He said they're looking at the possibility of design of all stormwater retention systems be what will be required for other areas and about 50% more. Ms. Christenson asked how many retention ponds they'll have, and their capacity. Attorney Owens said when they finish all these permits, they'll have to go to St. Johns and will have to show them all the calculations for each of the porids, and the treatment capacity. There was further discussion between Attorney Owens and Ms. Christenson regarding lot sizes and total number of homes. Mr. Berge commented they're looking for 6,000 square feet. Councilman Rotundo pointed out they've requested water and sewer for this project, and there will be no septic tanks. -3- Council Regular Meeting Minutes August 18, 1986 o o PUBLIC HEARING - SECOND AND FINAL READING & ACTION: (Continued) - Ord. 86-0-20 Annexing certain real property located east of U.S.l and south of present City limits (Continued) - Allen Stewart, South Waterfront Park, stated he's trying to save the river and they're depending on the officials of the City and County Council. He said they don't need this big impact in our area at present, and if they pollute it and destroy the lagoon, they'll kill the economy in this area. He added that there are enough problems with the 500 units they're trying to put in there. Richard Smith, 2343 South Ridgewood, asked why there's a 30-day wait after the ordinance is adopted. City Attorney Alvarez replied it's been that way for a number of years. Mr. Smith asked about the current density of the land. City Attorney Alvarez replied the 1979 Comprehensive Land Use Plan done by Briley, Wild Engineers designated the land in that area for high density, and they're reducing the density with this project. Mr. Smith questioned why retention ponds are left until after adoption as they're allowing other agencies to make the final judgement that may not be appropriate. City Attorney Alvarez clarified this Council isn't passing the responsibility to other agencies, and he reviewed the past processes to get it to this point, and future requirements that will have to be met. He added that neither annexation or rezoning will take place until the land use plan is amended, and then there's site plan approval for items such as retention, street width, etc. to be analyzed. Mr. Smith asked the cost to the City for water and sewer as he'd like City water available to his property and he'd pay the impact fee to do that. He also asked the long term impact and the sewer capacity. City Attorney Alvarez replied it won't cost the taxpayers anything because they're going to pay the impact fees and make the improvements needed and the City will make money. City Clerk Martinez agreed that's correct. Mr. Smith stated that to encourage extensive growth and push areas into development before appropriate isn't proper etiquette. Liz Scavarda, Marion Avenue, asked about planned crime prevention with this growth because of the transients and number of break-ins. She asked if they made adequate provision for all the new people. She also asked about the water supply. Mayor Baugh replied they just put in four more wells and the capacity will increase by one million gallons and there will be a new water plant. Councilman Asting stated they'll be able to service 20,000 and it will be done by the end of October. Ms. Scavarda pointed out they'll also have a school and police problem. Councilman Asting stated they authorized two more police for this fiscal year and four more for the next fiscal year. Mayor Baugh noted they're also looking at fire protection. Mayor Baugh pointed out that from the onset of this project it was made clear that all County regulations and State requirements will be met or the project won't go through. Jerry Thomas, 2425 Queen Palm, spoke on the stormwater retention problem in Florida Shores, pointing out he can't get sewer hook up and puts up with flooding and the septic tank being flooded out because of high water levels. He asked that the City take care of the people living here now. He asked about the water quantity and there was a discussion about the usage and capabilities. Councilman Asting stated the engineers have completed a study for drainage and stormwater to be presented to Council. Mr. Thomas then asked if they would be able to continue with the project if it isn't annexed in and they had to go with the County. Mayor Baugh clarified they're going through the County with what they're doing now. Mr. Thomas suggested they let the men take it to the County, and leave it like it is. Mayor Baugh requested a motion to close the Public Hearing. made that a motion. Councilman Prater seconded the motion. Councilman Inman Motion CARRIED 5-0. City Attorney Alvarez stated that the County is going to impose about $800 per residence for impact fees and the City won't be able to use that money to pave because it's going to go into a quadrant outside the City limits. He noted that Florida Shores was developed in 1962 and if the City had a Council as conscientious as this one, they wouldn't have unpaved streets in Florida Shores. He reviewed the subdivision requirements now, and noted a lot of the problems today were here before. -4- Council Regular Meeting Minutes August 18, 1986 o o PUBLIC HEARING - SECOND AND FINAL READING AND ACTION: (Continued) - Ord. 86-0-20 Annexing certain real property located east of U.S.l and south of present City limits (Continued) - Jerry Thomas (Continued) - Councilman Asting advised Mr. Thomas that the City is paving roads which they'd never done before and will start on Queen Palm very shortly and it will eliminate the dust problem. Mr. Thomas expressed his appreciation but said he'd like to have the sewer system first. Councilman Asting again stated the City Engineers are preparing plans for a sewer system for Florida Shores and it will be divided into phases to cut down on costs. Mayor Baugh said they'd instructed the engineers to make a survey for water retention, sewer, and drainage and they've been working on it. City Attorney Alvarez reviewed the various impact fees and assessments, and the manner in which people buy dirt lots with no improve- ments. He added that the minimal amount of taxes goes for water, sewer and paving and the rest goes for schools, police, fire and to the County. He reviewed some of the assessment programs the City has undertaken. Mr. Thomas said he'll pay for his road and would also pay for sewers. City Attorney Alvarez suggested he come when the others complain. Councilman Inman suggested they proceed with the agenda at this time. Ord. 86-0-20 Annexing certain real property located east of U.S.l and south of present City limits - Councilman Asting moved to adopt the ordinance with the amendments as suggested by the City Attorney. Councilman Inman seconded the motion. City Attorney Alvarez pointed out the effective date is to be upon adoption of the amendment to the Comprehensive Land Use Plan. Motion CARRIED 5-0. Mayor Baugh called a five-minute recess at 8:18 P.M. Mayor Baugh called the meeting back in session at 8:26 P.M. COMMUNICATIONS Michael Purpura, East Florida Pay Telephone, Inc. re: pay phones for City (From August 4, 1986 meeting) - Mr. Purpura stated they have an office at 706 West Park Avenue and they're in the private pay phone business. He reviewed their other locations and said he'd had requests for phones at the Elementary School ball field and at the City Park at Riverside. He stated they're interested in becoming involved locally, and realize there's only one pay telephone in Edgewater on City property. He said they'd like to add phones on other City property. He pointed out they pay 10% commission compared to a 4% commission from Southern Bell. He said he has an agreement he'd like the City to consider. Mayor Baugh asked if Southern Bell won't put pay telephones in certain areas and Mr. Purpura replied it's not cost effective in some areas and they're asking for a monthly payment. Mayor Baugh asked the amount of income from the one across the street and City Clerk Martinez replied it's about $6.25 a month. Mr. Purpura again said he'd had requests from the Elementary School and for Little League. City Clerk Martinez pointed out that the School Board owns that property and that the City leases it from them. Mr. Purpura said he's been in Edgewater for four months and they've been operating for fourteen months. Councilman Rotundo asked if the City Attorney had seen the agreement and City Attorney Alvarez replied no. Mayor Baugh suggested they get a copy of the contract and have the City Attorney review it and come back to the next regular meeting. There was a discussion about the next meeting being off schedule due to the Labor Day holiday. Mayor Baugh said they'd call him to come to the meeting. Mr. Purpura invited the Council to come by and see their operation. Councilman Inman pointed out they have to guarantee Southern Bell so much money coming into that phone or pay the balance, and he asked Mr. Purpura how his organization handles this. Mr. Purpura said there's a minimum $300 cash revenue for the phones in this area. Councilman Prater asked if they pull a phone out if it doesn't payoff for a year and Mr. Purpura replied they do under normal circum- stances. -5- Council Regular Meeting Minutes August 18, 1986 ':' IiII o o . . ORDINANCES AND RESOLUTIONS Ord. 86-0-25 Re-establishing occupational license fees for auto paint and body shops - City Attorney Alvarez read this Ordinance. ORD. 86-0-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 11, OCCUPATIONAL LICENSES, TAXES AND REGULATIONS, SECTION 11-8, LICENSE TAX SCHEDULE, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY RE-ESTABLISHING A $25.00 OCCUPATIONAL LICENSE FEE FOR AUTO PAINT AND BODY SHOPS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Inman moved to adopt this Ordinance, 86-0-25. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 86-0-26 Authorizing City Clerk/Administrator to issue temporary construction office permits - City Attorney Alvarez read this Ordinance. ORD. 86-0-26 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 18-2, PARKING OUTSIDE OF MOBILE HOME PARKS - LIVING IN OR STORING MOBILE HOMES; REQUIRED TO BE IN PARKS, ETC.; EXCEPTIONS PERMIT, BY AUTHORIZING THE CITY CLERK/ADMINISTRATOR TO ISSUE TEMPORARY CONSTRUCTION OFFICE PERMITS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the Ordinance. Councilman Inman seconded the motion. Mayor Baugh asked if Council would get a note when one is issued and City Clerk Martinez replied it would be similar to occupational licenses, and they can review the files anytime they wish. Motion CARRIED 5-0. Res. 86-R-34 Naming park across from City Hall the George R. Kennedy Memorial Park- City Attorney Alvarez read this Resolution. RES. 86-R-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CHANGING THE NAME OF THE PARK ACROSS FROM CITY HALL, PRESENTLY REFERRED TO AS THE PARK AND PIER, TO THE GEORGE R. KENNEDY MEMORIAL PARK; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 86-R-34. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 86-R-35 Renewing engineering services agreement with Ferrara Engineering, Inc.- City Attorney Alvarez read this Resolution. RES. 86-R-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AN AGREEMENT TO CONTINUE THE PROFESSIONAL SERVICES OF AN IN-HOUSE ENGINEER FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved to adopt this Resolution. Councilman Asting seconded the motion. Motion CARRIED 5-0. 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 Prater so moved. Councilman Rotundo seconded the motion. Meeting was adjourne at 8:44 P.M. Lura Sue Koser ~ ~ F Minutes submitted by: Excused COUNCILMAN - ZONE THREE ~ ?:J~/}'~~ ~ ~UNCILMAN - ZONE FOUR Approved this 27thday; of i;,q~t t?~ 198 6 . YOR { At' ""'-:7 if -6- Council Regular Meeting Minutes August 18, 1986