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07-21-1986 - Regular " u u CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 21, 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 Reverend Hardin, retired minister of the Edgewater Methodist Church, gave the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of July 7, 1986 - Councilman Inman so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Special Meeting of July 14, 1986 - Councilman Asting moved to adopt these minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Prater moved to pay the bills and accounts. Councilman Inman seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Donnie Williams introduced himself as local manager for Magnuson Corporation, Florida Shores of Volusia County, Incorporated. Mr. Williams referred to the properties for parks in Florida Shores. He noted that consistent with the land purchase for the Library, the Corporation feels proud of their relationship with the City and is donating two parcels to the City. He stated the lots are 2454, 2579, 2628 and 2629. He noted that three are on the south side of Twelfth Street and the other is near Fifteenth Street. He pointed out one is a single lot but adjoins a lot the City now owns and it could make a pretty park. He distributed copies of maps showing the locations and stated they're proud to work with the City. Councilman Rotundo moved to send a letter to Magnuson Corporation to this effect. Councilman Asting seconded the motion. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting moved to name the park across the street from City Hall the "George R. Kennedy Memorial Park", and the City Administrator, in conjunction with the Parks and Recreation Director, to obtain a plaque and stone with the appropriate inscription to be installed at the entrance to the park. Councilman Inman seconded the motion. Motion CARRIED 5-0. Councilman Asting moved that the City Attorney be directed to insure that all benefits due the Kennedy family are received by them and, if necessary, to coordinate with their family's lawyer, and report to the Council. He added that he wants to make sure they're taken care of. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Asting moved that the City Attorney be directed to attend the road impact fee meeting at 9 A.M. on July 25th in the County Conference Center on Indian Lake Road and report the results of the meeting to the Council. Mayor Baugh asked if he can attend the meeting and City Attorney Alvarez replied yes. Councilman Prater seconded the motion. Motion CARRIED 5-0. " o o , ., COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued) - Mayor Baugh stated there is a country/ western concert scheduled for the George R. Kennedy Memorial Fund to be held at the park and pier. He said they originally scheduled it for July 27th, but due to the fact that the City will be paving the parking area at that time, they need authorization to allow them to have the concert there and to have it on August 3rd. He added that he wants a stipulation there will be no alcoholic beverages there. He stated all proceeds will go to the Kennedy Fund and he asked for a motion to allow them to have it provided there are no alcoholic beverages there, and to have it on August 3rd. Councilman Rotundo so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. City Attorney Reports - City Attorney Alvarez stated he would have comments throughout the agenda. City Clerk Reports - City Clerk Martinez stated that Jack Ascherl, the repre- sentative for the Pension Plans,advised they need City Council authorization to have the necessary documents signed by the Mayor to place the new Federal requirements into our Bankers Life General and Police Pension Plans. She pointed out they're basically administrative changes, with little cost involved, but it needs Council's authorization. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that Gayle Harmon has a couple of requests from Council regarding the new Library facility. She said the first is authorization to sign a letter of intent to apply for a Public Library Construction Grant. She pointed out it should include the name of the official authorized to make the application, and the deadline is August 15th for the letter of intent. She said she'd like to recommend that the City Clerk/Administrator's title be used as the designee. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that also regarding the library, they need authori- zation to place an advertisement in the newspapers to invite architects to compete for the building project. She said to qualify for Federal funds, the application must be filed by November 28th. She suggested the Building Committee be used as a selection committee and they could use whatever staff members possible to help. She noted they could rank the architects and submit a ranked list back to Council for acceptance. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated that they received a letter from the Port Orange City officials inviting representatives to a meeting on Wednesday, July 23rd, at 2:00 P.M. in Port Orange for the purpose of discussing the Port Orange Causeway project. She noted that County officials will be there, and since the Council will be involved in Budget Workshops, she suggested the City Attorney be authorized to attend if he's available. City Attorney Alvarez said he can attend. Mayor Baugh asked for a motion to send him. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Utilities Department - Opening of bids for raw water main transmission line and distribution system interconnection - City Clerk Martinez certified that bids were received from the following: Scott & Martin Construction Co.; McMahan Construction Co.,Inc.; and Volusia Construction Co., Inc. She opened the bids and read the totals: Scott & Martin Construction Co.-base bid of $558,949.65, alternate bid of $507,885.90, and distribution system interconnection bid of $36,588.57; McMahan Construction Co.,Inc. -. base bid of $546,815.00, alternate bid of $497,442.00, and interconnection bid of $40,185.00; and Volusia Construction Co.,Inc. - base bid of $589,720.50, alternate bid of $544,855.50 and interconnection bid of $39,433.90. Councilman Rotundo had questioned why there were two bids and Mr. Frank Marshall, Consulting Engineer, explained the difference in specifications. City Clerk Martinez recommended these be turned over to the engineers. Councilman Asting asked Mr. Marshall if these were in line with the estimates and Mr. Marshall replied they're a little lower than estimated. Mayor Baugh requested a motion to turn this over to the City Engineer and Terry Wadsworth for their recommendation. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Asting asked if they have the necessary right of way permits for the installation of the lines and Mr. Marshall replied they have all but F.E.C. which is pending and it should be done in about two weeks. Mayor Baugh asked how long it will take and Mr. Marshall replied about 180 days. -2- Council Regular Meeting Minutes July 21, 1986 o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Parks and Recreation Department & Parks and Recreation Board request for dead end streets east of Riverside Drive to be dedicated as City parks - City Clerk Martinez read the July 10th memo from David Garrett, Recreation Director/Buildings and Grounds Maintenance Superintendent, requesting the dead end streets east of Riverside Drive be dedicated as City parks to insure public access to the river, maintenance of the areas, and enforcement of park rules. She said she reviewed this with the City Attorney and he advised a Council motion is needed to take these from streets to public parks. Councilman Asting so moved. Councilman Prater seconded the motion. Mayor Baugh asked if they'd have access if they opened it and City Attorney Alvarez replied it's owned by the public whether it's a street or a park, and if it's not dedicated, they'll file a plat of record. Councilman Rotundo asked if this is for all dead end streets and City Clerk Martinez replied it's for just east of Riverside Drive. Motion CARRIED 5-0. Parks and Recreation Board reply re: clarification of request for procedural policy - City Clerk Martinez read the July 10th memo from Parks and Recreation Board Chairman Thomas Sheridan. Councilman Inman moved that they comply with the request and for Council to get a copy of the standard procedural policy as they develop it. Councilman Prater seconded the motion. Motion CARRIED 5-0. Board of Adjustment - Robert Garthwaite request for reappointment for three-year term - Mayor Baugh suggested a motion to reappoint the gentleman. Councilman Asting so moved. Councilman Inman seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - recommendation to rezone Fong property from R-l to B-3 and R-3 (Tabled July 7, 1986) - Councilman Asting moved to remove this from the table. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Asting moved that the property in question be zoned B-3 on that property abutting U.S.l and that the remainder be zoned R-l. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - recommendation to rezone Caldwell property to R-2 with maximum 133 units (From July 7, 1986 meeting) - Councilman Asting moved that this property be zoned R-l to be compatible with the property just to the north of it. He noted that when looking at a map, it looks like a phase 2 for Silver Ridge and it should be the same as Silver Ridge. Councilman Prater seconded the motion. Mayor Baugh asked if they could have public input at this time and no Council member expressed an objection. Attorney Allen Watts, from Cobb and Cole, represented Mike Caldwell. He gave a summary about the PUD approval of 14 years ago and an application for rezoning in 1982 that was never heard. He referred to the unresolved suit filed against the City in Federal Court in Orlando. He suggested they might compromise instead of either party winning a total victory. He pointed out that Mike Caldwell had approval from a prior Council to have 340 units on the property. Attorney Watts stated that drawings were prepared with the assistance of the City Engineer. He had displayed on an easel a drawing of the area. He said his last request to Planning and Zoning was for 10 units to an acre and Planning and Zoning recommended about half of that. He pointed out they're just talking about rezoning and aren't at site plan yet. He reviewed the drawing on the board, pointing out what the various colors indicated. He noted that multi-family will be in the center and the surrounding areas that abut other properties would be less density. He commented that it was suggested they have only one entrance off U.S.l and it may not be where it appears on the drawing, but they'll accept only one access from U.S.l and relocate it, if it's feasibl~ to be farther away from Silver Ridge. He stated they agreed to provide a buffer around the property, especially on the north side, and they'll vacate any rights of way so there will be no access to the parcel from the north residential area and it will be a self- contained community. Attorney Watts stated it was suggested the m1n1mum floor areas are too small, and his answer to that was to change the zoning ordinance to increase those minimums and they agreed to increase the size of the units, and to restrict the number of one-bedroom units to be built to be no more than 20% of the total project and those wouldn't be on the perimeter, as that would be one and two family dwellings. -3- Council Regular Meeting Minutes July 21, 1986 o o . " COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Planning and Zoning Board - recommendation to rezone Caldwell property to R-2 with maximum 133 units (Continued) - Attorney Allen Watts (Continued) - Attorney Watts noted that single family on the northern half has not been resolved. He noted they're backing up to one row of houses in Silver Ridge and they'll provide a natural buffer through that area so vegetation won't be destroyed, or will be replaced if destroyed or disrupted. He said he didn't think it should face single family zoning across the street toward the multi-family and a transition would be from Silver Ridge single family to the vegetation buffer to the duplex and then to the multi-family area. He stated they were thinking about 220 units but when he saw the drawing, it looks close to a workable plan. He pointed out they have more land to work with as they'd provided 60 foot streets and regulations call for 50 foot. He said they're suggesting they place the multi-family area and recreation area in the center of the 26 acre parcel and make the entire perimeter duplex zoning, and that would add 15 units to what's on the board drawing, or 200 units. He said they'll add that additional land to the buffer on the north side where it's closest to existing single family. He said he thinks this is as far as Mr. Caldwell can go, and if they can conclude with this solution, it will resolve the Federal conflict. Robert Garthwaite, 10 Lee Drive, spoke as a representative of Silver Ridge. He noted that the 750 square foot dwellings are not for sales but rentals with transients in and out. He pointed out if they took an additional 15 single family homes and interspersed them with duplexes throughout the project, with the exception of the northern boundary, they'd have about 161 units. He referred to how they could arrange the different amount of units in the different zoned areas. He stated they had a meeting the prior week and are satisfied with R-2, which is single family, with 133 units. Councilman Rotundo discussed the current lot sizes in Silver Ridge and proposed sizes. Mr. Garthwaite pointed out they have to give some small variances with 133 there, and they show 185 units with the quadruplexes. Councilman Rotundo questioned if the rezoning to R-l or R-2 would include the front portion and Mayor Baugh replied no, just the property shown on the map. Councilman Asting said he'd like to be sure people in Silver Ridge would accept R-2 zoning, and if so, he'd withdraw his motion and make it R-2. There was a discussion among Silver Ridge residents in the audience, which included mention of the roads. Mayor Baugh pointed out this is a preliminary drawing. Mr. Garthwaite stated they don't want a linking up of roads of "nob hill" and Silver Ridge, or the possibility of its being done in the future, and they want it blocked totally. Larry Perkins, 3 Silver Circle, noted that Planning and Zoning agreed it would be 133 units, and he doesn't care how many there are as long as it's single family to conform to Silver Ridge and people across the street. He pointed out there will be a 500-unit mobile home development that will be single family and most of Florida Shores is single family. He stated there are problems with water and roads and Police now. He said that duplexes mixed in would look terrible. Dr. Carl Miller, 114 Silver Circle, pointed out they had a number of meetings and the majority of residents are behind Robert Garthwaite. He said he hopes they don't have to spend more time on this. Mercedes Hoffman, 208 Lee Drive, asked footage in R-2 zoning and Mr. Garthwaite replied it's 1,050 square feet. Mrs. Hoffman asked the footage in R-l and Mrs. Plaskett, Planning Assistant, replied it's 1,300 square feet. Mrs. Hoffman said if the Silver Ridge residents have a choice, they wouldn't have the duplexes in the north end and they don't want them on the south, and they'll go to court if necessary. Attorney Watts stated the City is partially responsible for the dilemma they're in and Mike Caldwell bought the property in good faith and had it rezoned and then bought out his partner and he has to get a certain result to make any money. He said if it's less than 200 units he can't make an economically viable use of it that the prior Council led him to believe they could. -4- Council Regular Meeting Minutes July 21, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Planning and Zoning Board - recommendation to rezone Caldwell property to R-2 with maximum 133 units (Continued) - Councilman Asting suggested Council consider the impact of this development on water and sewer capacity and also the impact on the other services, such as garbage and trash, andals6 Police and fire protection. He said the higher the density with this rezoning, the greater the impact will be on the services. Attorney Watts stated that Council determined at the time it was rezoned that all necessary services would be available to serve that density. Councilman Asting pointed out the increase in population from 1972 to 1986 was from a little over 4,000 to over 12,000 which greatly increases the demand. Attorney Watts said he wants the record to be specific about the demand on water and what affect the additional 200 units will have on the capacity of the sewer system and for all those findings to be specific in the record before the vote. Councilman Asting asked Mr. Wadsworth, Utilities Superintendent, about the increased demands for 200 units. Mrs. Plaskett, Planning Assistant, read a statement and motion made by Mrs. Nancy Blazi, member of the Planning and Zoning Board, regarding this subject. The motion suggested an increase. to a maximum of 153 units with lot sizes as permitted in R-2A zoning. Mayor Baugh stated that Attorney Watts asked for several things and he doesn't know if they can be provided accurately at this time about the impact on services and schools, and he recommended tabling this until they can get the information on the impact. Attorney Watts said he wants all the information he can assemble, and asked how long it will take. Councilman Asting said it could be assembled by the next regular meeting. Attorney Watts asked if that will be in two weeks. Mr. Frank Marshall, Consulting Engineer, said they need more information to see the phases and how they'll fit in because they have certain improvements coming on line. Councilman Inman asked for clarification about the height of the units. Attorney Watts said it's normally two stories for a quadruplex and building codes change at three stories. Mrs. Plaskett noted that 26 feet is maximum for two story. Councilman Inman asked Fire Chief Lamb, who was in the audience, if the Volunteer Fire Department can handle 26 foot heights and Mr. Lamb replied he didn't see any plans for access and fire hydrants but they can handle 26 feet. Mrs. Plaskett, Planning Assistant, pointed out that a lot of items will have to be addressed at a later time with a subdivision plan, and they can have a multi classification and single classification but need to know what zoning for lot sizes. City Attorney Alvarez said he doesn't want to go to court defending a decision made and there wasn't enough information before Council. He recommended the matter be tabled until such time as all the information is available. Attorney Watts said Mike Caldwell is agreeable to continue it until the first meeting in August to assemble the information as they want the City to have all the infor- mation they need. Mr. Garthwaite referred to the vacant multi family units and other buildings. He asked Mr. Caldwell if he's going to develop the property or sell it. Mr. Caldwell replied his anticipation is to develop it in a joint venture with a man from another area. Bill Klein, 2910 Needle Palm, said R-3 was indicated by Planning and Zoning but it didn't pass and R-2 was the motion made and passed. Dr. Carl Miller, Silver Ridge, asked for comments from the Police Chief. Chief Schumaker said they all realize they need more Police officers and it will require to be updated, but he's not familiar with the Planning and Zoning matters. He added that with adequate personnel they can provide a satisfactory service. Councilman Asting stated he'd didn't withdraw his motion and the reason is that it abuts Silver Ridge and it should all be the same. He said he'll withdraw it pending the information they want but he doesn't think he'll change it from R-l. Councilman Prater moved that this be TABLED until all pertinent information is available for them to handle it. Councilman Inman seconded the motion. Motion CARRIED 4-0. Mayor Baugh abstained due to a conflict of residing in the area. Mayor Baugh stated it will be back on the agenda when they get the information. Councilman Asting agreed a lot of research will have to be done. Attorney Watts said he'll share his information. -5- Council Regular Meeting Minutes July 21, 1986 o 0 Mayor Baugh called a five-minute recess at 8:23 P.M. He called the meeting back in session at 8:32 P.M. City Clerk Martinez asked for clarification for the record that the withdrawal of the second to the motion be done. Councilman Prater replied that he does withdraw. Mayor Baugh asked that Communications be moved up to this point on the agenda. There were no objections from Council members. COMMUNICATIONS Rotary Club of Edgewater re: Median Beautification project - Mike Faidley, 3003 Kumquat, spoke as a representative of the Rotary Club of Edgewater. He said they'd like to undertake a median beautification project on Rt.l and have put money in the budget to start it. He said they need support from the City before D.O.T. will approve the project or issue any permits. He asked that the City write a letter to D.O.T. stating they'll undertake maintaining it after it's landscaped. Mayor Baugh asked how far south it will go. Mr. Faidley said there are 32 medians and about 30 can be landscaped and all need some work. City Clerk Martinez pointed out that staff personnel and money is involved. Mr. Faidley said if they can get the support with the stipulation they get someone besides City staff to maintain them, they possibly could do it volun- tarily or use private funds. Councilman Asting asked about repairs to curbing. He suggested the letter be very specific as to what's being accepted as far as liability is concerned. Mr. Faidley said he can go back to D.O.T. to see if they'll exclude something, and he can then get back with Council, but he'd like to get the support. Councilman Asting asked what maintenance is involved. Mr. Faidley said D.O.T. had mowed that day. Al Davis, 4283 Cow Creek Road, reviewed his experience with D.O.T. and stated that the City wouldn't be responsible to mow the grass or do the curbing, but just beautification of what's put in. Councilman Asting said mowing was his concern so it would just be maintaining the vegetation that's planted. Mr. Faidley agreed. Councilman Prater asked if they need paperwork for this. Mayor Baugh said it will come through Mike Faidley and the Rotary Club and D.O.T. City Attorney Alvarez said the issue is a motion of intent and support pending all legal documents that are necessary being prepared and approved. Mr. Faidley agreed. Councilman Prater so moved as the Attorney stated. Mayor Baugh asked Mr. Faidley to get with D.O.T. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh suggested Mrs. Plaskett work on this project also. Dick Rosecrans' request for construction trailer on southeast corner of Rio Vista and U.S.l - Mayor Baugh stated that Mr. Rosecrans called him and he'd moved a trailer on this site and he advised him not to hook it up until approval is obtained. Councilman Asting moved to grant Mr. Rosecrans the 90-day permit to park the construction trailer on the property involved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Rotundo asked if this could be taken out of Council's hands and given to administration. City Clerk Martinez replied that an amendment to the ordinance could resolve it. Councilman Rotundo moved to look into that matter. Mayor Baugh clarified it's for the Attorney to look into it to see if it can be removed and handled administratively. Councilman Prater seconded the motion. Motion CARRIED 5-0. -6- Council Regular Meeting Minutes July 21, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Planning and Zoning Board - recommendation to annex and zone certain real property east of U.S.l and south of present City limits - Mrs. Lynne Plaskett, Planning Assistant, read her July 17th memo to Council and her July 16th memo to the Planning and Zoning Board. Her July 16th memo had recommended annexation with six stipulations. Attorney Glenn Storch, of the Fishback, Davis law firm, said they're asking for annexation of the subject property and a zoning classification. He pointed out it's in the County with zoning of R-3 and B-4. He had a display board with a map and pointed out the location. He stated he represents the Radnor-Edgewater Corporation, who will be developing this, and the present owners of the land. He reviewed the 3 to 1 decision of the Planning and Zoning Board, noting that because of the way the ordinance is written, it cannot be accepted as a recommendation. He said they are contract purchasers of the land and have certain deadlines to meet. He said they've done six site plans and each one keeps getting better, and the City will be very proud of this project. He noted they have a quality development and recognize what sells. He then intro- duced Jack Lyons of the Radnor Corporation. Jack Lyons, Vice Pres~ent of Radnor, said he lives in Philadelphia, Pennsylvania. He stated that Radnor is a wholly owned subsidiary of Sun Oil Company and they joined 10 years ago in real estate development. He reviewed some of their projects and developments and their locations. He stated that Mr. Marty Berge will be responsible for the development here. He said they'll bring financial strength to the City. He reviewed why they chose Edgewater, due to its location near the water and proximity to other attractions. He then introduced Mr. Marty Berge. Marty Berge, from Ocala, reviewed their marketing plans, and the potential buyers they plan to attract. He reviewed the size of the quality mobile homes they'll market. He said they'll have a recreation center costing about one million dollars with a 7,000 square foot recreation building, a large heated swimming pool, several tennis courts, putting greens, etc., and they'll have a boat launch. Councilman Asting stated he'd seen their development in Ocala and it's very attractive. Attorney Storch reviewed some of the Planning concerns. He noted they'll have City water and sewer and will pay for the extension and they're negotiating with Mr. Wadsworth on this. He said the stormwater runoff has been minimized and it meets the St. Johns Water Management criteria. He said there's a trench running the distance of the property and there are some interconnecting lakes for additional stormwater. He said they'll clear some parts but the entire frontage of the river has been left as far as tree covering. He pointed out they'll have a 20 foot buffer between the lots and the marsh area. He said there's a nature trail and trees between the lots to maintain as much of the ground cover as possible. He pointed out that the commons area and streets will be maintained by the Homeowners Association. He stated they'll have a lot of people from the different organizations watching this project. Councilman Inman asked how many entrances they'll have from U.S.l, as he's concerned with the safety factor. Attorney Storch replied two entrances from U.S.l and he pointed them out on the easel board. Attorney Storch stated these are frame construction with shingle roof but it fits into the mobile home category in zoning. Mayor Baugh asked if this is the final plan and Attorney Storch replied no. Councilman Prater commented on the current number of water and sewer hookups, expressing his concern that a number of people in Florida Shores need sewer during heavy rains. Attorney Storch stated that he discussed this with Terry Wadsworth and this won't take up much capacity. Councilman Asting pointed out the current sewer plant is operating at 50% and there are plans for increasing the capacity. Councilman Prater referred to the letter received from the Health Department stating they have to do something about it. -7- Council Regular Meeting Minutes July 21, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Planning and Zoning Board - recommendation to annex and zone certain real property east of U.S.l and south of present City limits (Continued) - Al Davis, Davis Engineering, stated they won't build anything without the proper capacity and paying the required share of expanding the water and sewer facilities. He pointed out it's a subdivision where the land will be sold rather than renting. Councilman Asting moved to accept the recommendation of the Assistant City Planner. Attorney Clay Henderson, from the audience, asked to hear from the public. Mayor Baugh approved his speaking. Clay Henderson, Attorney in New Smyrna Beach, stated he's representing the Friends of Canaveral. He reviewed the background of their organization and their supporting agencies. He stated the water adjacent to the park has the highest level of protection under the Park Service, and they're class 2. He referred to a previous incident regarding a proposed mobile home park in that area. He noted that Volusia County Council set a moratorium from the Edgewater City limits to Brevard County lines and it was only waived three times. He said they've had other problems with mobile home parks between Edgewater and Oak Hill and it becomes a problem for local government. He referred to the marketability of manufactured homes. He said he'd recommended to the Zoning Board that approval should be contingent on: 1. amendment to the Edgewater Comprehensive Plan following the annexation, 2. compliance with per- formance standards as set forth by the Volusia County Council, 3. waiver of moratorium by Volusia County Council, and 4. compliance with other standards as set forth by the Planner. He stated they'll be following every step and he hopes they'll hold them to the highest standards because it's adjacent to protected waters. Mayor Baugh agreed they have to comply with all State, Federal, and County regulations. Councilman Asting moved to take the recommendation of the Assistant Planner. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez and Attorney Henderson had a discussion regarding Mr. Henderson's candidacy for County Council office and Mr. Henderson's thoughts regarding the County's road impact fee. ORDINANCES AND RESOLUTIONS Ord. 86-0-17 (Emergency) Opting out of County's road impact fee - City Attorney Alvarez read this Ordinance. ORD. 86-0-17 - AN ORDINANCE EXEMPTING ALL AREAS WITHIN THE CITY LIMITS OF EDGEWATER, FLORIDA, FROM THE LEVY AND COLLECTION OF ROAD IMPACT FEES IMPOSED BY VOLUSIA COUNTY, FLORIDA, PURSUANT TO VOLUSIA COUNTY ORDINANCE NO. 86-6; CONTAINING FINDINGS OF FACT; DECLARING THIS ORDINANCE TO BE AN EMERGENCY ORDINANCE FOR THE PURPOSES OF FLA. STATUTES, SECTION 166.041; EXEMPTING ALL AREAS WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER FROM THE APPLICATION OF VOLUSIA COUNTY ORDINANCE 86-6; PROVIDING FOR AN EXPIRATION DATE; PROVIDING FOR SEVERABILITY, AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt this Ordinance on an emergency basis. Councilman Prater seconded the motion. Motion CARRIED 5-0. There was a roll call for second reading and the Ordinance was adopted 5-0. Ord. 86-0-18 Amending Sect. 700.00, off-street parking and loading re: paved parking with change of use - City Attorney Alvarez read this Ordinance. ORD. 86-0-18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VII, SUPPLEMENTARY REGULATIONS, SECTION 700.00, OFF-STREET PARKING AND LOADING REQUIREMENTS,BY ADDINGA PROVISIONcFORPAVEDPARKING, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh stated this is first reading. Councilman Prater moved to adopt Ordinance 86-0-18. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes July 21, 1986 .' , .. o o ORDINANCES AND RESOLUTIONS (Continued) Ord. 86-0-19 Southern Bell franchise agreement renewal - City Attorney Alvarez read this Ordinance. ORD. 86-0-19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE THE PUBLIC STREETS OF THE CITY OF EDGEWATER, FLORIDA, FOR THE PURPOSE OF ERECTING, MAINTAINING, CONSTRUCTING AND OPERATING LINES OF TELEPHONE AND TELEGRAPH EQUIPMENT THEREON AND THEREUNDER; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Inman moved to adopt this Ordinance 86-0-19. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. 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 and stated that it's first reading. 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 AN EFFECTIVE DATE. Councilman Asting moved to adopt this Ordinance. Councilman Inman seconded the motion. Motion CARRIED 5-0. 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 and stated it won't take effect until amendments to the Comprehensive Plan are complete. 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. Councilman Asting moved to adopt this Ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 86-0-22 Establishing City of Edgewater Public Library Building Fund - City Attorney Alvarez read this Ordinance. ORD. 86-0-22 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A SPECIAL BUILDING FUND FOR THE NEW CITY OF EDGEWATER PUBLIC LIBRARY FACILITY TO BE CONSTRUCTED ON CITY OWNED PROPERTY; SETTING FORTH REVENUES AND EXPENDITURES FOR THE PURPOSE OF COLLECTING AND DISBURSING ALL REVENUES AND EXPENDITURES RELATED TO THIS PROJECT; PROVIDING FOR USE OF FUNDS; PROVIDING FOR DISBURSEMENT OF FUNDS; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE AS REQUIRED BY LAW; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved to adopt Ordinance 86-0-22. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 86-R-3l Declaring policy of cooperation with other cities on possible road impact fee litigation - City Attorney Alvarez read this Resolution. RES. 86-R-3l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTA~LISHING A POLICY OF MUTUAL AID AND COOPERATION WITH OTHER MUNICIPALITIES IN VOLUSIA COUNTY AS PERTAINS TO THE VALIDITY, ENFORCEMENT, AND APPLICABILITY WITHIN CITY LIMITS OF VOLUSIA COUNTY ROAD IMPACT FEE ORDINANCE 86-6; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo moved to adopt this Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. -9- Council Regular Meeting Minutes July 21, 1986 o o ORDINANCES AND RESOLUTIONS (Continued) Res. 86-R-32 Declaring special assessments for paving program for portions of Guava Drive, Orange Tree Drive, Queen Palm Drive, and Willow Oak Drive - City Attorney Alvarez read this Resolution. RES. 86-R-32-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO FLORIDA STATUTES 170.03, DECLARING SPECIAL ASSESSMENTS FOR THE PURPOSE OF CONSTRUCTION OF HARD SURFACE STREETS WITHIN THE CITY OF EDGEWATER, FLORIDA; DESIGNATING GUAVA DRIVE. FROM INDIAN RIVER BOULEVARD SOUTH TO 26TH STREET, ORANGE TREE DRIVE FROM 12TH STREET SOUTH TO 30TH STREET, QUEEN PALM DRIVE FROM INDIAN RIVER BOULEVARD SOUTH TO 10TH STREET, AND WILLOW OAK DRIVE FROM 30TH STREET SOUTH TO 36TH STREET, AS THE STREETS TO BE SO IMPROVED; DESIGNATING THAT A PORTION OF THE EXPENSE OF THE IMPROVEMENT IS TO BE MADE BY SPECIAL ASSESSMENTS; DETERMINING THE MANNER IN WHICH THE ASSESSMENTS ARE TO BE PAID; DETERMINING THA~ A PORTION IS TO BE PAID FJ{OM THE GENERAL IMPROVEMENT FUND OF THE CITY OF EDGEWATER, FLORIDA; DESIGNATING THE LANDS TO WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; INCORPORATING BY REFERENCE AN ASSESSMENT PLAT; DETERMINING A TOTAL ESTIMATED COST; AND PROVIDING THAT THE CITY CLERK SHALL PROVIDE NOTICE AS PROVIDED BY LAW; REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt 86-R-32. Councilman Asting seconded the motion. City Attorney Alvarez pointed out that the interest rate needs to be established in Section 7. Mayor Baugh recommended it be 7~%, the same as last year. Councilman Prater agreed to incorporate that in his motion as 7~% and Councilman Asting agreed as the second to 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 Councilman Asting moved to adjourn. Councilman Inman seconded the motion. Meeting was adjourned at 9:47 P.M. Minutes submitted by: Lura Sue Koser ~ ~ V ~ ATTEST: ~~-t;;:;; ~~ COUNCIL~ ~lj6NE TH~E ~~ CITY CLERK/ADMINISTRATOR Approved this~~ay of flUCf( lLl-j- ,198~. 0& ~~ . MAYOR ~ ~'~-7J~fC__C- ~ 60UNCILMAN - ZONE FOUR ". -10- Council Regular Meeting Minutes July 21, 1986 . . t . . " FORM 4 ME()ORANDUM OF VOTIQl CONFLICT . . !.ASr'NAME FIRST NAME-MIDDLE NAME Baugh, Earl D. THE BOARD. COUNCIL,COMMISSION. AUTHORITY, OR COMMITTEE ON WHICH I SER VE IS A UNIT OF: MAILING ADDRESS 117 Silver Circle M CITY o COUNTY o OTHER LOCAL AGENCY o STATE CITY COUNTY Edgewater Volusia NAME OF POLITICAL SUBDIVISION OR STATE AGENCY DATE ON WHICH VOTE OCCURRED .- ':;:-..' July 21, 1986 NAME OF BOARD. COUNCIL, COMMISSION. AUTHORITY, OR COMMITTEE City of Edgewater City Council City of Edl!ewater WHO MUST FILE FORM 4 This form is for use by any per~on serving on either ~n appointed or elected board, council, commission, authority, or committee, whether state or local, and it applies equally to members of advisory and non-advisory bodies who are faced with a voting conflict of interest. As the voting conflict requirements for public officers at the local level differ from the requirements for state officers, this form is divided into two parts: PART A is for use by persons serving on local boards (municipal, county, special tax districts, etc.), while PART B is prescribed for all other boards, Le., those at the state level. PART C of the form contains instructions as to when and where this form must be filed. PART A VOTING CONFLICT DISCLOSURE FOR LOCAL PUBLIC OFFICERS [Required by Section 112.3143(3), Florida Statutes (Supp. 1984).] The Code of Ethics for Public Officers and Employees PROHIBITS each municipal, county. and other local public officer FROM VOTING in an official capacity upon any measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting in his official capacity upon any measure which inures to the special gain of any principal (other than a government agency as defined in Section 112.312(2), Florida Statutes) by whom he is retained. In any such case a local public officer must disclose the conflict: (a) PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of his interest in the matter on which he is abstaining from voting; and (b) WITHIN 15 DA YS AFTER THE VOTE OCCURS by describing the nature of his interest as a public record in this part below. NOTE: Commissioners of a Community Redevelopment Agency created or designated pursuant to Section 163.356 or Section 163.357, Florida Statutes (Supp. 1984), or officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting. In such cases, however, the oral and written disclosure of this part must be made. I, the undersigned local public officer, hereby disclose that on July 21 ,19~: (a) I abstained from voting on a matter which (check one): x inured to my special private gain; or _ inured to the special gain of , by whom I am retained. CE FORM 4- REV. 10-84 PAGE I r:-' . r '. (.b;.ihe.rneasure on which I abstained "the nature of my interest in th~ measure is tjuows: '. Rezoning of Caldwell property which is abutting Silver Ridge subdivision, where I am a resident. July 21, 1986 Date Filed ~0 rs4- Signature Please see PART C for instructions on when and where to file this form. 1 PART B VOTING CONFLICT DISCLOSURE FOR STATE OFFICERS [Required by Section 112,3143(2), Florida Statutes (Supp. 1984).] Each state public officer is permitted to vote in his official capacity on any matter. However, any state officer who votes in his official capacity upon any measure which inures to his special private gain or the special gain of any principal by whom he is retained is required to disclose the nature of his interest as a public record in Part B below within 15 days after the vote occurs. I, the undersigned officer of a state agency, hereby disclose that on ,19_: (a) I voted on a matter which (check one): _ inured to my special private gain; or _ inured to the special gain of , by whom I am retained. (b) The measure on which I voted and the nature of my interest in the measure is as follows: Date Filed Signature Please see PARTe below for instructions on when and where to file this form. PART C FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes, This form need not be filed merely to indicate the absence of a voting conflict. NOTICE: UNDER PROVISIONS OF FLORIDASTATUTESOI12.317(1983l, A FAILURETO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY. REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $3,000. CE FORM 4 - REV. 10-84 PAGE 2