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07-07-1986 - Regular . , Q o CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 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 Mayor Baugh announced a moment of silent prayer for Fire Chief George Kennedy. Reverend Odom, Edgewater First Baptist Church, then gave the invocation. There was a salute to the Flag. Mayor Baugh announced for those in the audience who were waiting for the Caldwell subject to be discussed that Attorney Allen Watts had asked to have this item put off until the next meeting in respect for the Kennedy family. He noted that he'd talked to the City Attorney about this and he had no problem with it. Mayor Baugh requested a motion to go out of the regular 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 & ACTION: Ord. 86-0-15 Regulating mooring vessels on City property - Mayor Baugh stated this is second and final reading of this Ordinance. City Attorney Alvarez read the Ordinance. ORD. 86-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 6, BOATS, DOCKS AND WATERWAYS, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY REGULATING THE MOORING OF WATERCRAFT VESSELS ON CITY OWNED WATERFRONT PROPERTY; 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 none from Council members. Ord. 86-0-16 Amending Art. VII, Suppl. Regulations of City Code, Changing Site Plan Approval Procedures, Fees & Time Tables - City Attorney Alvarez read this Ordinance. ORD. 86-0-16 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTIONS 715.02, 7l5.02(IV) AND (V), SITE PLAN APPROVAL; SECTION 715.03 (2) AMENDMENTS TO THE APPROVED SITE PLAN, SECTION 715.05 APPLICATIONS, AND CREATING A NEW SECTION 715.06 ENTITLED SITE PLAN EXPIRATION, BY CHANGING SITE PLAN APPROVAL PROCEDURES, FEES AND TIME TABLES OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. Mayor Baugh asked for public input. There were no comments from the audience. Mayor Baugh asked for Council comments. There were no comments from Council. Mayor Baugh requested a motion to close the Public Hearings and go back into the regular meeting. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 86-0-15 Regulating mooring vessels on City property - Councilman Asting moved to adopt the Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 86-0-16 Amending Art.VII, Suppl.Regulations of City Code, Changing Site Plan Approval Procedures, Fees & Time Tables - Councilman Inman moved to adopt Ordinance 86-0-16. Councilman Asting seconded the motion. Motion CARRIED 5-0. o o APPROVAL OF MINUTES Regular Meeting of June 16, 1986 - Councilman Rotundo moved to accept these minutes. Councilman Asting seconded the motion. Motion CARRIED 4-1. Councilman Prater voted NO due to absence from that meeting. Special Meeting & Workshop of June 19, 1986 - Councilman Asting moved to adopt those minutes. Councilman Inman seconded the motion. Motion CARRIED 4-1. Councilman Prater voted NO due to absence from that meeting. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated there are two supplemental bills, one for $90. from Hanson & McCallister through the Code Enforcement Board with no purchase order obtained and just a letter was sent directly to the vendor. She also stated that the bill from Volusia Council of Governments came from Planning due to a misunder- standing about a call made to discuss these and get a price and they interpreted it as an order. She added that they do want the maps and need them. Councilman Asting moved to pay the supplemental bills and accounts. Councilman Prater seconded the motion. Councilman Rotundo asked if they need these maps and City Clerk Martinez replied yes. Motion CARRIED 5-0. MISCELLANEOUS Sid Corhern, 2718 Woodland, spoke as a representative of Friendship Baptist Church. He requested they be allowed to do some interior work before they get the site plan approval. He noted their pastor had spoken to the Mayor about this. Mayor Baugh agreed he'd talked with him and they want to do inside work but they won't be conducting services prior to approval. Mr. Corhern said they want to do alterations to an existing building and are not asking for occupancy. He added that he thinks site plan covers development but not alterations, and they want to get a building permit to do the alterations. Councilman Asting questioned why he's coming to Council for alterations and Mr. Corhern replied they want it clarified. Mayor Baugh asked City Attorney Alvarez for input. City Attorney Alvarez suggested the Planning Department or engineer would have some input into this, and pointed out he's not familiar with the facts. Mayor Baugh asked Mrs. Lynne Plaskett, Planning Assistant, who was in the audience, for her input. Mrs. Plaskett said the zoning ordinance states any construction and anything related to construction and it doesn't stipulate inside or outside. She added that she doesn't think inside renovations should go for site plans but it's not stated in the Code. Mr. Corhern stated they've been trying since February to do this and have run into one problem after another, and it will be after August 21st for site plan approval but they want to do it legally. Councilman Inman asked if they're moving walls in the inside of the building and Mr. Corhern said they possibly will move one exterior wall under the roof but aren't increasing the roof size, and they're just looking at interior work now. Councilman Inman asked if they're moving partitions or walls and Mr. Corhern replied there are no structural walls and it was an old cabinet shop. Councilman Asting asked if Council action is needed to permit them to do interior alterations. City Attorney Alvarez said it's immaterial if it's outside or inside work, and they could redo the whole building from the inside and the nature of the improvements will determine if a site plan is required and they need to look at the plans and make that determination. Mr. Corhern stated that site plans are to control growth and development and how a piece of land is used, and they're not affecting the site, just the building. He added they aren't asking for exterior changes and they haven't got approval for water retention and change of use. City Attorney Alvarez asked if they're aware they don't have a special exception granted and that any work they undertake is at their own peril, and Mr. Corhern replied yes. City Attorney Alvarez noted that it could be a matter that could be handled administratively, and Mayor Baugh agreed it could be handled by the Planner and City Administrator. City Attorney Alvarez noted if time frames are required, Planning could supply Council with information and they can take action if they have proper information. -2- Council Regular Meeting Minutes July 7, 1986 o o MISCELLANEOUS (Continued) Teresa Wells introduced her friend, Jean, and asked if they can plant a maple tree in front of City Hall with a post, 4 by 4, with a plaque, dedi- cated to George Kennedy. She said it will read "May the love for our City grow within us all as it did for George Kennedy. July 4, 1986." Mayor Baugh asked if this is an organization making the request and Ms. Wells said no, it's just friends, and in the future they'd like to put a wooden plaque on it. Councilman Prater suggested they get wtih David Garrett, Parks and Recreation Director, to determine the location. Mayor Baugh asked if any Council member had an objection and there were no objections expressed. Councilman Asting stated he'd spoken with members of the Fire Department and a type of permanent memorial will be discussed at the next Fire meeting, with thoughts of naming a fire station or a park as a memorial to George. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - There were no Council reports at this meeting. City Attorney Reports - City Attorney Alvarez briefly reviewed why he'd asked Chairman Wheeler to abstain from voting at the Caldwell public hearing. He said he'll advise the Mayor not to vote when it comes to Council level. He stated that when the Council voted for their pay increase, a formal complaint was filed with the Ethics Commission in Tallahassee, an investigation was held and it went to hearing before the Commission and it was found to be non-meritorious and was dismissed. He pointed out this is no longer confidential and it doesn't take much to have a complaint filed, and that's why he advised the Chairman not to vote. City Clerk Reports - City Clerk Martinez stated there's surplus language in Section 70l.(c) and a motion is needed stating the removal of this surplus language, and they can then write to Municipal Code to have it removed. She noted it's in the Code book, but not in the ordinance. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated they received a packet regarding the City Clerk's Institute and a breakdown of budgeted expenses that will be necessary. She said she needs Council authorization to attend, noting it's her third year and she can get her C.M.C. Councilman Asting moved to grant the permission to attend. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez stated they received the tentative budget schedule and calendar and asked if 1:00 P.M. on the 21st of July for the first budget workshop is agreeable. She noted there's a Council meeting that night but this will be in the afternoon. No Council member expressed an objection to this date and time. Public Works Department - Opening of Bids for soil cement/culverts to pave portions of Guava, Willow Oak, Orange Tree and Queen Palm, and culverts at 18th & Orange Tree and Guava & 25th - City Clerk Martinez certified that bids were received from the following: Martin Paving Co.; Halifax Paving, Inc.; Mid-State Paving Co.,Inc.; D & W Paving, Inc.; and Lake Contracting Co., Inc. She opened the bids and read the totals: Martin Paving Co.- $299,036.60; Halifax Paving, Inc. - $260,762.40; Mid-State Paving Co.,Inc.- $346,340.56; D & W Paving, Inc.- $284,961.60; and Lake Contracting Co.,Inc.- $337,590.00. She recommended these be turned over to Gerry Ferrara and the Public Works Superintendent for recommendation back to Council. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Parks and Recreation Department - Employee's request for leave of absence - City Clerk Martinez read the June 19th memo from Joe Sustrich, who requested a leave of absence from August 25th to November 7th to attend a Police training course at Daytona Beach Community College. She pointed out his Department Head approved it, but Council must approve it also because it's more than 30 days. Councilman Asting moved to grant the request. Councilman Inman seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes July 7, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Parks and Recreation Department - recommendation for possible sites for parks (Tabled June 16, 1986) - Councilman Asting moved to recall this from the table. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Asting stated he'd tabled this to see the properties and after looking at them, he feels they're fine and will be suitable but he'd like to turn it over to David Garrett, Recreation Director, for his recommendation because they can't afford at this time to buy all three parcels, but they can pay for one, and he made that a motion. Councilman Prater seconded the motion. Councilman Inman reviewed the cost p~r lot. for the different parcels. Motion CARRIED 5-0. Gayle Harmon's request to establish account for building funds for new Library - City Clerk Martinez stated they need the City Attorney to draw up the ordinance to establish this fund, naming it the Edgewater Public Library Building Fund, and establishing the use of the funds. Mayor Baugh requested a motion to authorize the City Attorney to draw up the ordinance. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Attorney suggested the City Administrator can give him guidelines for the use of the disbursements, and City Clerk Martinez agreed she would. Mayor Baugh suggested Mrs. Gayle Harmon would have some input. Councilman Asting asked that they include deposits from contributions to the account. City Attorney Alvarez asked if they want the ordinance in draft or final form and Mayor Baugh replied final form. Planning and Zoning Board - recommendation for amendments to Industrial zoning districts - City Clerk Martinez read the June 10th memo from the Planning and Zoning Board requesting amendments to Sections 607.(d),607.0l(d) and 607.02(d), Special Exceptions, to eliminate the phrase B-1 through B-6. Also attached was a list of additional permitted uses to be included in the industrial zoning district. Mayor Baugh asked if it reads B-1 through B-6 and Mrs. Lynne Plasket~, Planning Assistant, replied it's as a special exception. She noted they now can have any kind of business as a special exception in B-1 through B-6 and they want to get retail sales out of the industrial and put it where it belongs. Councilman Rotundo moved to accept the recommendation of the Planning and Zoning Board. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez noted they need authorization for the City Attorney to draw up the ordinance. Mayor Baugh said he's going to recommend they do all three at one time. Planning and Zoning Board - recommendation to rezone Fong property from R-l to B-3 and R-3 - City Clerk Martinez read the June 10th memo from the Planning and Zoning Board in which they recommended the request to rezone be approved. She noted it's a total acreage of 20.20 plus. Councilman Asting moved to TABLE this so he can look into it a little further. Councilman Inman seconded the motion. Mayor Baugh questioned the last paragraph of the memo where it states the first 250 feet be rezoned B-3 and the remainder be rezoned B-3. Mrs. Plaskett, Planning Assistant, clarified it should be R-3. Motion CARRIED 5-0. Planning and Zoning Board - recommendation to amend Sect.700.00, off street parking & loading re: paved parking with change of use - City Clerk Martinez read the June 26th memo from the Planning and Zoning Board which requested an amendment to provide for paved parking when there is a change of use. The recommended wording was also attached. Mayor Baugh noted if they change the use by selling it, they would need additional spaces. Mrs. Plaskett, Planning Assistant, said it's when they increase the type of use, and she referred to examples when it would require more parking. Councilman Rotundo moved to accept the recommendation. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Asting pointed out they're recognizing that different businesses require different sized parking spaces. Mayor Baugh requested a motion for the City Attorney to draw up the necessary papers for items 1 and 3. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mayor Baugh clarified for the audience that it was the amendments in the Industrial zoning and the off street parking and paved parking. -4- Council Regular Meeting Minutes July 7, 1986 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Recommendation to rezone Caldwell property to R-2 with maximum 133 units- This item was discussed at the beginning of the meeting and will be on the agenda for the July 21st meeting. (See page 1 of these minutes). COMMUNICATIONS Southern Bell re: renewal of franchise agreement - City Clerk Martinez stated they have a sample ordinance, original franchise, and a copy of the State Statutes showing 1% is the maximum fee that can be considered for the franchise. She said they reviewed it with Mr. Sapp of Southern Bell and she recommends it be reviewed by the City Attorney and read for first reading on July 21st. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Edgewater Alliance Church request to set temporary construction trailer at gymnatorium site - City Clerk Martinez read the June 24th letter from Mr. John Bertrand, Director of Development for the Edgewater Alliance Church, in which they requested permission to set an 8 foot by 20 foot construction trailer on the site of the gymnatorium for approximately 6 months. Councilman Asting pointed out it's normally 90 days and renewable if Council agrees. Mr. Bertrand stated that he was made aware of that. Mayor Baugh requested a motion to approve this for the three month period. Councilman Rotundo so moved. Councilman Inman seconded the motion. Councilman Prater asked if any utilities will be hooked up and Mr. Bertrand replied there will be temporary electricity. Councilman Prater asked if they'll comply with the Code and Mr. Bertrand said the electrician knows he has to conform to Codes and it's subject to inspection by the Building Department before they can get hooked up. Mayor Baugh pointed out that nobody can stay in it, and it's just for construction. Mrs. Plaskett, Planning Assistant, asked where it will be placed and Mr. Bertrand said it will be within the boundary of their lines. Mrs. Plaskett said she doesn't want it to impede traffic. Mr. Bertrand showed her a sketch of the location. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS There were no Ordinances or Resolutions presented at this meeting. UNFINISHED BUSINESS Purchase of Bell property - City Attorney Alvarez stated they negotiated a purchase price with James Bell and a title search was done by Coronado Title and three aspects were disclosed that require Council knowledge to proceed to final closing of the property. He asked John Wilbur, representative for Mr. Bell, to speak to Council. He displayed on the table for Council and the audience to see, the paperwork regarding this parcel of land. He pointed out the pie shaped section of the property and noted that mineral rights are not clear and he'd like to see it cleared before closing, but Mr. Leonard from Coronado Title assures him he can clear it as soon as the City takes title. Mr. Wilbur said he'd issue the City a title policy that doesn't show those mineral rights because he's going to guarantee the City they will be eliminated. He said the clear title policy will take about 30 to 60 days to remove it, and it's just a preliminary to write to Tallahassee. City Attorney Alvarez noted that when Bell bought the property, it wasn't an issue then. City Attorney Alvarez then reviewed the platted Park Avenue right of way where it was on paper and where it is today. He said he met with County repre- sentatives and they discussed the bike path on Park Avenue and doubted where the right of way is so they made a survey. He said when they determine where the bike path will be they'll then talk about vacating the right of way. He said Dan Cory is working on it and he'll then go back to Mr. McClelland and tell him where Park Avenue physically is. -5- Council Regular Meeting Minutes July 7, 1986 o o UNFINISHED BUSINESS (Continued) Purchase of Bell property (Continued) City Attorney Alvarez stated the third item is lot 164 which is where any future emergency exits for Wildwood will be located. He said there's a Florida Power and Light utility easement and they met with the supervisor and there will be a letter of understanding in case they have to do any improvements in that area, such as fill, etc. City Attorney Alvarez said it doesn't appear any of the three items are fatal to the purchase but it's a policy decision to proceed to closing or if they want to wait. Mr. Thomas Sheridan, Parks and Recreation Board Chairman, asked about an allowance for the loss of property with a right of way on the property they intend to purchase. City Attorney Alvarez explained they're not losing the property and the County officials had no problem, and the only delay is they want to see a survey showing the asphalt Park Avenue and paper Park Avenue. Mr. Wilbur noted they have buildings on part of it and some is vacated. Mr. Robert Garthwaite, 10 Lee Drive, asked the size and Mayor Baugh replied it's about 7~ acres. Councilman Rotundo asked the City Attorney's recommendation. City Attorney Alvarez replied that if he were advising a private client, he'd say it's a good deal and they'll close and hold some money in escrow, but this is a different circumstance with the public funds. Councilman Rotundo asked if they've paid any money down and City Attorney Alvarez replied no. Councilman Rotundo moved to go with the advice of the attorney. Mayor Baugh stated that would be to hold out a portion of the money. Councilman Prater asked for a figure or they could let him come up with one. City Attorney Alvarez asked Mr. Wilbur for a fair figure. Mr. Wilbur said normally they work at about 10% held back but they're not dealing with front money in this instance, just a portion with the rest on a note. City Attorney Alvarez agreed that's a fair evaluation and the balance is due November 1st and it will be subject to these three aspects being cleared up by then, which will be a second guarantee. Councilman Rotundo so moved. Councilman Prater seconded the motion. Councilman Asting asked if the funds are out of the recreational fund. City Clerk Martinez replied the original plan was 75% recreational and 25% general fund. Mayor Baugh agreed that was so it could be used for something other than recreation. Councilman Inman questioned the wording on the current contract. City Attorney Alvarez explained that in addition to the contract there will be a note executed at the time of closing which will create the legal obli- gation to pay by November 1 and therein will be these three items contained here. Motion CARRIED 5-0. Mr. Wilbur asked when they'd be ready for closing so that he can notify his client's attorney and City Attorney Alvarez replied it will be next week. Mr. Wilbur stated he'd notify the title company and the attorney. Vo1usia County - Request for Technical Advisory Committee representative for impact fee revenues and Impact fee-proposed opt out ordinance and amicus curiae resolution - City Attorney Alvarez stated this is a moot point at this time. He said he heard the County Council is calling a meeting to re-evaluate the percentages to the cities and there'll be a meeting on Tuesday in Port Orange to discuss this item again. He noted the City of Deland adopted an ordinance on an emergency basis, which the Council has, and opted out of the impact fee. He said he met with half a dozen city attorneys pursuant to Council's direction and they exchanged input, and the resolution attached to the ordinance has been proposed for any city that adopts the ordinance. He noted some cities are meeting tonight and some tomorrow, and news can break on a daily basis. He suggested Council could express its intent of these two items at this time and if nothing new develops by Wednesday, a special meeting could be called to deal with the matter. -6- Council Regular Meeting Minutes July 7, 1986 6 , . . o o UNFINISHED BUSINESS (Continued) Volusia County - Request for Technical Advisory Committee representative for impact fee revenues and Impact fee - proposed opt out ordinance and amicus curiae resolution (Continued) - Mayor Baugh noted they won't pass anything until they see what other cities do. Councilman Asting stated they don't want the county collecting impact fees to construct County roads and he'll vote for the adoption of the ordinance. Councilman Prater moved to go along with the attorney as to his advice as to what they'd like to do. City Attorney noted his advice is for Council to express its intent and Councilman Prater agreed that was his motion. Councilman Rotundo seconded the motion. Councilman Asting asked if it's to express their intent to adopt this ordinance and Mayor Baugh replied yes. Motion CARRIED 5-0. Mayor Baugh asked if the motion was for both the ordinance and resolution and Councilman Prater said he didn't intend it to be. Councilman Asting made a motion of intent to adopt the resolution. Councilman Prater seconded the motion. Councilman Prater pointed out he wants the expenses involved with the meetings of the attorneys to be paid fairly by each city. Mayor Baugh agreed. Councilman Prater said it's not clarified as he'd like to see it. Councilman Asting suggested they identify the ordinance and resolution better than in the motion of intent and say the ordinance and resolution contained in the packet of the July 7th meeting, item 9.B.2. Motion CARRIED 5-0. City Attorney Alvarez noted that if litigation ensues with other cities, he'll come back to Council to receive specific authorization to engage in that liti- gation before undertaking any steps, and they can provide the guidelines of the degree of involvement and monetary involvement. NEW BUSINESS Mike Caldwell, Macon, Georgia, stated the City Attorney advised him about this change and he understands George Kennedy was well respected in this community. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Asting so moved. Councilman Prater seconded the motion. Meeting was adjourned at 8:25 P.M. Minutes submitted by: Lura Sue Koser ~<;- / ~ ~ ~~ -L CITY CLERK j:' A~~d this~day 'f , 198~. ilrJ &;- MAYOR ( CILMAN - ZON WO 7~~ COUNCILMAN - ONE T EE ~t-? -uJ~~4c?~ ObUNCILMAN - ZONE FOUR ~ ATTEST: -7- Council Regular Meeting Minutes July 7, 1986