07-07-1986 - Regular
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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.
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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
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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
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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
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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
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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
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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
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ATTEST:
-7- Council Regular Meeting Minutes
July 7, 1986