Loading...
07-20-1987 - Regular ., Q o CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 20, 1987 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 Councilman David Mitchum Present Excused Present Present Excused City Attorney Jose' Alvarez City Clerk/Administrator Connie Martinez Chief Lawerence Schumaker Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go out of the regular meeting and go into the public hearing. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 3-0. PUBLIC HEARING - SECOND & FINAL READING & ACTION: Ord. 87-0-14 Vacating alley between Hibiscus and India Palm - Mayor Baugh stated this is second reading. City Attorney Alvarez read this Ordinance. ORD. 87-0-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, VACATING THE ALLEY BETWEEN HIBISCUS AND INDIA PALM, IN THE CITY OF EDGEWATER; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input. Attorney Jim Morris, representing Huntley-Jiffy, stated that there were conditions that will improve the traffic flow. Bill Klein, 2910 Needle Palm, member of the Planning and Zoning Board, spoke on the involvement of the Board re: this request and asked if there's a time limit placed on the stipulations that Planning and Zoning felt should be placed on it. Attorney Morris replied he didn't recall a time limitation and the vacating would be when the conditions have been complied with. He added he doesn't see a necessity for placing a time limit, but doesn't object to one year for completion if Council so desires. He noted that he'd object if it's a major modification of the ordinance and it has to come back. Mr. Klein stated he doesn't object to the one year but he's concerned that the City will not turn over the actual deed until everything is met. City Attorney Alvarez noted that the ordinance has to be recorded and subsequent to passage of the ordinance, Attorney Morris gives him a letter to the City agreeing to the one year maximum condition and the contingency that the actual vesting of the vacating will not take place until the conditions have been met. Mayor Baugh requested amotion to close the public hearing and go back into the regular meeting. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 3-0. Ord. 87-0-14 Vacating alley between Hibiscus and India Palm - Councilman Asting moved to adopt the Ordinance. Councilman Prater seconded the motion. Motion CARRIED 3-0. APPROVAL OF MINUTES Regular Meeting of July 6, 1987 - Councilman Prater moved to approve the minutes of July 6, 1987. Councilman Asting seconded the motion. Motion CARRIED 3-0. BILLS AND ACCOUNTS Councilman Prater moved to pay the bills and accounts. Councilman Asting seconded the motion. Motion CARRIED 3-0. o o MISCELLANEOUS Robert Garthwaite, Lee Drive, recalled the 200 units on the property and the proposed developer's meeting with Silver Ridge residents. He asked if anything had been heard on Caldwell. City Attorney Alvarez replied no and City Clerk/Administrator Martinez replied no. Mr. Garthwaite asked that Attorney Watts be contacted to see if they'd agreed to the 200 for verification. City Attorney Alvarez pointed out that the "ball is in their court" and they agreed on the record, subject to them coming back with a proposed site plan showing the.7 items of agreement, and until that's received from them, the zoning remains R-l as it is now. He added that they're probably involved in engineering and financing. Mr. Garthwaite said he feels they may never build on that property. City Attorney Alvarez noted that whoever it is has to come back. Mr. Garthwaite asked if they still have the backing of the city and Mayor Baugh said he agrees. Bill Klein, 2910 Needle Palm, spoke on the Planning and Zoning Board's time and work spent on the MH-2 ordinance later on the agenda. He asked about the changes made. as some things were left out that were recommended be put in. and he'd like to know why. City Attorney Alvarez explained there was one item that was not in the best interest of the City and the Planning and Zoning Board was not aware of its implication. He added that this has gone back and forth between administration and his office to make sure the items are not just specifically designed for the benefit of any particular group. He noted that he'll meet with the Board to explain changes because there were also items not there that should have been. Mr. Klein agreed that will help them in their job, and he asked about the seven things that should have been done before rezoning is brought to them and only one is listed. City Attorney Alvarez explained that City Clerk/ Administrator Martinez was going to schedule a meeting with the Board and with Mrs. Plaskett to get clarification for some of these matters, but in deference to the developer who's in a hurry to get started, they put it on first reading. He added that he feels comfortable that it's in the City's best interest. Mr. Klein expressed concern that there might be a mistake and it will be passed. City Attorney Alvarez pointed out the most significant change is the square footage on the lots. Mr. Klein said he has no qualms with the lot sizes, etc., but he feels when it has to come to the Planning and Zoning Board for action on annexation into the City, they stipulated seven things that should be there. City Attorney Alvarez asked that he read those seven items into the record, and Mr. Klein read a portion as: The application for a rezoning to MH-2 classification shall be accompanied with outline development plans, schematic forms, and following information must be shown or explained on the plan: 1) area included for the rezoning and the dimensions of the project boundaries, 2) the adjoining land uses and the zoning classification, 3) proposed adjoining land uses as shown on the Edgewater Land Use Map. City Attorney Alvarez pointed out they'll receive that as soon as it passes because the overall development proposed site plan will go to the Board. and if these were conditions imposed by the Board, they'll have to be met. He added that they can take the conditions and include them as part of a developer's agreement. Mr. Klein stated that #6 was density of population and manufactured homes and there were seven listed. He added that there was another stipulation that the common open space in the project be a minimum of 20%, which is not listed. City Attorney Alvarez pointed out this isn't tailored to one project, it's an amendment to the Code, and when a project comes for site plan approval, then those conditions will be in the initial development plan and that will be the time for the conditions to appear. There was further discussion between City Attorney Alvarez and Mr. Klein regarding conditions that could be imposed by the Board that will have to be met at site plan approval. Mr. Klein stated that it should be 20% for any MH-2 project. City Attorney Alvarez agreed that's a reason that he has to meet with the Board as this is news to him. -2- Council Regular Meeting Minutes July 20, 1987 o o MISCELLANEOUS (Continued) Bill Klein (Continued) - City Attorney Alvarez asked if the Board exempts MH-2 from the tree ordinance requirements of providing a schematic for the trees. Mr. Klein replied they've never had a schematic for the trees. City Attorney Alvarez again agreed they need a meeting, and noted that the developer is waiting for this and they can take care of these items on this project separately. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Prater asked City Attorney Alvarez to review the Animal Control Ordinance #80-0-50 which was amended 5-12-80, regarding complaints and violations, section 5-7. He reviewed a problem they had for some time that doesn't seem to be getting any better. He said the way it's written now, two parties from different residences have to sign a complaint and then it would be up to the Animal Control Officer to determine if it's a legal complaint and it will take about 90 days to get it in court to get it settled. He asked who wants to wait 90 days and listen to dogs barking all night long. He added that he started on this ordinance some time ago and got rubbed the wrong way. He noted that the prior Friday the Animal Control Officer talked to the neighbors and to him and he appreciates that. He said he was told that a dog had a coon in a tree but he doesn't think it could be in the tree for a month. He referred to a recent incident when the dogs started at 9 and were still barking at 1 and nobody could sleep, He said his wife called the Police around 1, and he listened to the scanner and knew they were busy, and they got there at 2:00. He added that by then the dog had stopped barking. He asked Chief Schumaker to verify this. Chief Schumaker stated that the officer arrived at the man's house and brought it to his attention. Councilman Prater asked if the dog was still barking then and Chief Schumaker replied yes. Chief Schumaker accepted Councilman Prater's statement that they were busy. Councilman Prater said he knows the calls were more important than a dog, but he questions why people have to sign a complaint and wait for 90 days for action. Chief Schumaker explained that the reason for the 90 days is the court back log, and he pointed out that the owners will try to take steps to alleviate the problem when they're made aware the animal is creating a nuisance. Councilman Prater said he doesn't intend to put up with this every night. There was a general discussion about taking the complaints to the Citizen Code Enforcement Board. City Attorney Alvarez pointed out that any violation of the City's Code can be taken to the Code Enforcement Board or the County Court. Chief Schumaker stated that the Animal Control Officer spoke to the man who owns the dog that's making the biggest nuisance and he indicated his house was broken into twice and he keeps the doberman in the yard. He reviewed details of her conversation with the owner regarding obedience school for the dog. Councilman Prater referred to a call he'd received recently regarding a terrible noise and it was a chained dog whose chain was tangled with his tray and he was dragging it around the patio. City Attorney Alvarez read a portion of Section 5-7 regarding its being a misdemeanor. He said this change can be adopted on an emergency basis if Council wants to. He noted they discussed this regarding pit bulls running loose and this can be used in that respect. Mayor Baugh asked if Council objects to drawing this up for the next meeting. Lt. Britain, Edgewater Police Department, said one problem is the ordinance states that two people must sign a complaint and he thinks the intent is in case two neighbors are having a tiff. He added that all cities come under second degree misdemeanors but there's a provision in the ordinance that two people sign the complaint. He said they can draw up a form for going to the Code Enforcement Board. City Attorney Alvarez said when the Code Enforcement Officer ascertains a violation, he can issue a subpoena and notice to appear and then some of the neighbors can testify at the hearing as to the nuisance, which will be two or more people testifying. -3- Council Regular Meeting Minutes July 20, 1987 o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Council Reports (Continued) - Lt. Britain reviewed the current forms used and the involvement of the Animal Control Officer with this proposed procedure. Mayor Baugh said the Lieutenant can draw it up and the Police officer can sign i~ as wit- nessing the violation and then take it to the Code Enforcement Board. City Attorney Alvarez noted it will be turned over to the Code Enforcement Officer. Mr. Pat DiLeva, Assistant Code Enforcement Officer, stated he sees no problems with this procedure. He reviewed the process used for junk cars. Councilman Prater said he has nothing against pets but he wants people to take care of their pets. Mayor Baugh noted that the City Attorney will bring the amended ordinance for the next meeting. Councilman Asting stated that on July 6th the Council appointed him, Utilities Superintendent Terry Wadsworth, and Public Works Superintendent Ron Austin, to check the engineering proposals and recommend to Council. He added that they received six proposals on the 14th of July, took them home to review and met the next day and submitted a list of their findings. He stated that first choice was Dyer, Riddle, Mills & Precourt based on their knowledge of our utility system and next was Camp, Dresser & McKee, and third was Gee & Jenson. He suggested Council meet and interview these engineering firms they recommended and hire one. City Clerk/Administrator Martinez noted that budget meetings are every night next week. Councilman Asting suggested the engineering meeting could be prior to the budget meeting. After discussion, it was determined to meet on Monday, July 27th, at 6:00 P.M. and go into the budgets after that. Mayor Baugh asked if they want to interview according to priority and Councilman Asting replied it doesn't matter. Mayor Baugh suggested they set it up for 15 minutes for each firm. Mayor Baugh announced for the audience that the meeting next week for 2:00 P.M. with people from Tallahassee and the Coast Guard was set during the day because that was the only time they could make it. He added that if we don't have the audience here, they can make a commitment to us as to when they can come in the evening. City Attorney Reports - City Attorney Alvarez stated they have an offer on a piece of property which is located right in the same corner where the City purchased previously. He noted that at that time this piece was under liti- gation and that's been cleared up now. He added that the owner, Mr. Bell, let the City know it's on the market and after offers and counter-offers, if the Council is interested, and subject to Council approval, they can buy it for $35,000. There was discussion about the exact location, noting that it was the old truss plant. City Attorney Alvarez pointed out that the initial offer was about $60,000. Mayor Baugh stated the Rotary will build a park on this property. Councilman Asting agreed it's prime property. Councilman Prater asked if it will come from recreation money and City Clerk/Administrator Martinez replied from the impact fees. She added they budgeted $100,000 to expend this year for allowable expenditures. Councilman Prater asked if there's $35,000 lef~ and City Clerk/Administrator Martinez replied yes. Councilman Asting moved to go ahead with the purchase of that piece of property subject to the terms on the attached contract. City Attorney Alvarez said it will need documents to be prepared and they'll bring the survey up to date. Councilman Asting agreed it's included in his motion. Councilman Prater asked to include to have the total price of $35,000. and seconded. Cou~cilman Asting pointed out it's mentioned in the contract attached. Motion CARRIED 3-0. City Attorney Alvarez said they had an appraisal done by Mr. Armstrong on this property and he prepared a comprehensive document and had a price placed on it of $60,000. on the low, conservative side, and we're paying $35,000. -4- Council Regular Meeting Minutes July 20, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports - City Clerk/Administrator Martinez stated that Council has the budget calendar and the schedule is laid out to comply with the County Tax Assessor's schedule and with State guidelines under the TRIM bill. She noted the dates affecting Council will be the week of July 27th at 7: 00 in the evening to start the budget workshops with the General Fund, if Council agrees. No Council member expressed an objection. Recreation Director/Buildings & Grounds Maintenance Superintendent's recommendation on bids to clear 14-acre tract on Roberts Road - City Clerk/ Administrator Martinez read the July 10th memo from Mr. David Garrett which recommended the bid be awarded to the lowest bidder, T & T Excavating, in the amount of $11,780.00. She noted that there were six bids presented. Mayor Baugh pointed out they went from $11,000 to $69,000. Councilman Prater asked where T & T Excavating is located and City Clerk/Administrator replied they're from Edgewater. Councilman Asting moved to award the bid to T & T Excavating Company in the amount of $11,780.00. Councilman Prater seconded the motion. Motion CARRIED 3-0. Utilities Superintendent re: annual rate and impact fee review - City Clerk/ Administrator stated that Mr. Wadsworth had quoted sections of the Code which stated in July of each year the Council will review the utility rates. She said he's requesting any action on rates be deferred until after review of the budget proposals. Mayor Baugh said he's asking to leave them as is and City Clerk/Administrator clarified that's for impact fees. Councilman Asting moved to TABLE this for budget hearings as recommended. Councilman Prater seconded the motion. Motion CARRIED 3-0. Public Works Superintendent's end of six (6) month probationary period - Councilman Prater moved to remove him from probation. Councilman Asting seconded the motion. Motion CARRIED 3-0. City Attorney Alvarez suggested a copy of these minutes be attached- to the original resolution. Councilman Asting moved that the salary for the Public Works Superintendent be increased from $20,500 to $22,000 for an annual salary. Councilman Prater stated that he'll be getting an increase across the board shortly and Earl Copeland was getting $24,500 when he retired after 10 or 12 years. Mayor Baugh pointed out that in the minutes of the meeting offering him the position, it states the salary will be negotiated. Councilman Asting noted that this will be $1,500 a year. Motion DIED for lack of second. Councilman Prater moved to increase him to $20,500. Mayor Baugh pointed out that's what he's at now. Councilman Prater then moved to make it $21,000 even. Motion DIED for lack of second. Mayor Baugh asked for Mr. Austin's input. Mr. Austin said in his original interview they agreed to start with $20,500 for the probationary period, and at that time he asked to get $22,000, the same as another Department Head, and that was his understanding. Mayor Baugh suggested that since two people aren't here, this be TABLED until the next regular Council meeting for full Council, and he asked for amotion. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 3-0. Industrial Development Board's recommendation for new Board member - City Clerk/Administrator Martinez read the July 10th memo from the Board which recommended Harold Hardester as a new member. Mayor Baugh suggested a motion to appoint Harold Hardester to the Industrial Development Board. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 3-0. Mayor Baugh asked that the City Attorney draw up the resolution. Board of Adjustment's recommendation for new Board member - City Clerk/Adminis- trator Martinez read the July 14th memo from the Board recommending the appointment of Virginia Lawson. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 3-0. -5- Council Regular Meeting Minutes July 20, 1987 o o COMMUNICATIONS Florida Department of Community Affairs' request for nomination to committee re: hazardous materials accidents - City Clerk/Administrator Martinez read her July 15th memo recommending Mr. Pat DiLeva to this committee. Mayor Baugh asked Mr. DiLeva if he'll accept this and Mr. DiLeva replied yes. Councilman Asting nominated Pat DiLeva for the position and made that in the form of a motion. Councilman Prater seconded the motion. Motion CARRIED 3-0. W.C.C.Z. Radio's request to use Kennedy Park and have raft races - City Clerk/ Administrator Martinez stated that there was a telephone call this afternoon asking to withdraw this from the agenda and they'll send a letter as to why. ORDINANCES AND RESOLUTIONS Ord. 87-0-15 Amending Appendix A, Art. VI, Sect. 605.02, MH-2 Mobile Home Subdivision District - City Attorney Alvarez read this Ordinance. ORD. 87-0-15- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA AMENDING APPENDIX A, ARTICLE VI, SECTION 605.02 "MOBILE HOME SUBDIVISION DISTRICT" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY REPLACING ALL REFERENCES OF MOBILE HOME WITH MANUFACTURED HOME; BY ALLOWING POOLS AND OTHER RECREATIONAL FACILITIES; BY INCREASING THE MINIMUM SIZE FROM 10 TO 50 ACRES; BY INCREASING THE LOT AREA, THE DIMENSIONAL REQUIREMENTS, THE LIVING AREA REQUIREMENTS; REGULATING SIGNS, TREE REMOVAL AND OPEN SPACES; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is first reading. Councilman Asting moved to defer action until the City Attorney has an opportunity to review this with the Planning and Zoning Board. City Attorney Alvarez pointed out the ordinance has been carefully reviewed and he has no problem with adopting it and the items mentioned before can be handled without the necessity of changing the ordinance. He added that he'll meet with the Board to see what exactly Mr. Klein was referring to, but he doesn't see those items as being a part of the ordinance, but are items the developer will bring at site plan approval. Councilman Asting asked if he's comfortable with the ordinance as written and City Attorney Alvarez replied yes, and it's been reviewed several times. Mayor Baugh asked if he'll meet with the Board before second reading and City Attorney Alvarez replied that he plans to. Councilman Asting then withdrew his motion. Councilman Asting moved to approve Ordinance 87-0-15. Councilman Prater seconded the motion. Motion CARRIED 3-0. City Attorney Alvarez recommended that Radnor's representatives obtain copies of the minutes of the section that Mr. Klein addressed to Council. Attorney Glenn Storch, of the law firm of Owens and Storch, said he has copies of those and he thinks the City Attorney and Planning and Zoning did an excellent job on this. He added that there were some other items Planning and Zoning wants to bring up but they can bring them up with an amendment or some other way, and he was concerned with the dimensional requirements. City Attorney Alvarez asked if the changes and conditions can be handled through a developer's agreement and Attorney Storch replied they can be handled by the subdivision regulations they currently have. City Attorney Alvarez stated that he has to meet with the Board to see what was discussed, and this was prepared on what was received from the Planning Assistant and those items were not included, but he doesn't know why. Res. 87-R-32 Authorizing City officials to execute renewal to Agreement with Volusia County for fire and rescue services within Greater Edgewater Fire District for 1987-88 - City Attorney Alvarez read this Resolution. RES.87-R-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE THE RENEWAL TO THE AGREEMENT WITH VOLUSIA COUNTY FOR FIRE AND RESCUE SERVICES WITHIN THE GREATER EDGEWATER FIRE DISTRICT FOR 1987-88; REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved to adopt Resolution 87-R-32. Councilman Asting asked that the motion include that the Mayor and City Clerk sign it and Councilman Prater agreed. Councilman Asting seconded the motion. Motion CARRIED 3-0. -6- Council Regular Meeting Minutes July 20, 1987 ,. Q UNFINISHED BUSINESS <J There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Asting so moved. Councilman Prater seconded the motion. Meeting was adjourned at 8:12 P.M. Minutes submitted by: Lura Sue Koser "" ATTEST: Approved this 4th day of August , 198~. f~~ MAYOR &~ I 12~~ ~- ~~ :.<< p P ~( au CILMAN ~ZON ~ CO~)L- COUNCILMAN - ZONE FOUR -7- Council Regular Meeting Minutes July 20, 1987 4s M ro ~ .4/0