Loading...
01-14-1987 - Regular o u CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 14, 1987 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:02 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 David Mitchum City Attorney Jose' Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Arrived Later Present Present INVOCATION, SALUTE TO THE FLAG There was an invocation by Reverend Harvey Hardin, retired minister of the Edgewater Methodist Church. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of January 5, 1987 - Councilman Asting moved to adopt the minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved to pay these bills. Councilman Asting seconded the motion. Councilman Mitchum questioned the payment to the Oasis Car Wash and if we're taking City vehicles to New Smyrna Beach. City Clerk Martinez replied yes, and we've been taking them for years. Chief Schumaker pointed out that 99% of the time they wash the cars here but sometimes they have to be taken there. Councilman Mitchum stated that he didn't want other cars to go up there and our Policemen having to wash their cars here. Motion CARRIED 5-0. MISCELLANEOUS There was no audience input at this time. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Mitchum stated that Chapter 10, Section 8 of the Code concerns abandoned airtight containers, known as refrigerators, and he'd like to make a motion that the City Attorney rewrite our ordinance to comply Chapter 10 Section 8 with State Statutes 823.07 and 823.08 concerning the care of these. Mr. Pat DiLeva, Assistant Code Enforcement Officer, stated that his objection is if there's a sealed refrigerator it's allowed in our City and for safety purposes, it shouldn't be allowed and should be deleted and no refrigerator, with no exception, should be allowed abandoned. He added that he'd present it to the City Attorney to get it ready for the next meeting. Mayor Baugh noted that it's unlawful to even put it out to the curb according to the State Statutes. Councilman Mitchum made a motion that the City Attorney rewrite Section 10-8, abandoned airtight containers of the Edgewater Code, to comply with State Statutes 823.07, .08, and .09 as per Pat. Councilman Asting seconded the motion. Mayor Baugh asked if Mr. DiLeva should draw up the paper work and present it to the City Attorney and Mr. DiLeva agreed he'd do that. Motion CARRIED 5-0. Councilman Mitchum then stated that he'd received telephone calls from real estate offices regarding model homes with sales office and he'd like someone to check this. Mayor Baugh asked Mr. DiLeva if he had checked this yet and Mr. DiLeva replied no. City Clerk Martinez suggested Councilman Mitchum give Mr. DiLeva the address to check them. City Attorney Reports - City Attorney was in City Hall at this time and his report was delayed until his arrival. o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Clerk Reports - City Clerk Martinez stated that the Marine Patrol has been asked to vacate their parking place next to City Hall due to the placement of the Detective division mobile home and they asked for City Council's permission to park at the City Barn. She noted this would require the City Attorney's review and a hold harmless clause plus gate keys, etc. She asked for Council's authori- zation for the staff and Attorney to review this and come up with the necessary documents if Council wishes to allow this. Mayor Baugh recommended they turn this over to the Attorney to get with the Marine Patrol and City Clerk Martinez and bring a recommendation back to Council. He asked if Council has any objection to their parking there. Councilman Prater asked how it will effect our insurance. City Clerk Martinez replied the hold harmless would have to be filed. City Attorney Alvarez replied it will be a condition. There were no other comments from Council. City Clerk Martinez asked if they're granting authorization or if they want it brought back. Mayor Baugh asked for a motion to grant the authorization, providing the agreement is signed with the City Attorney's blessings. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez arrived at the meeting at this time, 7:18 P.M. City Attorney Reports - City Attorney Alvarez stated that he had no report at this time. Public Works Supervisor's recommendation on bids for refuse truck - City Clerk Martinez read the January 9th memo from Mike Tenney in which he recommended the bid from Truxmore at $49,176. be accepted. He had listed the compliance to the bid specifications. Councilman Prater moved to grant the privilege to go ahead and buy from Truxmore. Councilman Asting seconded the motion. Motion CARRIED 5-0. Utilities Superintendent's request for change order on raw water transmission main project - City Clerk Martinez read the January 9th memo from Mr. Terry A. Wadsworth requesting a change order to the project to enable Florida Power & Light Co. to provide service to the wells. Councilman Asting moved that the request submitted by the Utilities Superintendent be approved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Planning Assistant/Grant Administrator's request to advertise for proposals to prepare housing element for Comprehensive Plan - Councilman Rotundo moved to accept this request. Councilman Asting seconded the motion. Motion CARRIED 5-0. Planning Assistant/Grant Administrator's request to change portion of Parking, Section 18 of Code - City Clerk Martinez noted that the document is quite lengthy and it was reviewed in total by the Police Chief and Pat DiLeva, Assistant Code Enforcement Officer, and the problem was generated from the Code Enforcement Board over the last several months. She said they took ordinances from other cities and feel this composite will handle the problems. Mayor Baugh recommended Council approve this subject to the Attorney drawing up the necessary papers. Councilman Prater so moved. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Industrial Development Board's recommendation for appointment to Board - City Clerk Martinez read the January 9th memo from the Board recommending that Robert Richards be appointed to the Board. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Library Board's request to reappoint Mary Rice (Term expiration) - Councilman Asting moved that Mary Rice be reappointed for another three year term to the Library Board. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes January 14, 1987 o u COMMUNICATIONS Volusia County's request for appointment of member and alternate to Beach Trust Commission - Councilman Asting nominated Robert McIntosh, Jr. for the position. There were no other nominations from Council. Councilman Asting moved that nominations be closed. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Mayor Baugh requested a motion to appoint Robert E. McIntosh, Jr. to the Beach Trust Commission. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh suggested a member of Council serve as the alternate and asked for a motion that Councilman Mitchum be alternate. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Robert McIntosh, 2921 Sabal Palm, thanked Council for the appointment and stated he'd do his best. He noted that he's the only lay person to be appointed to the Commission. Mark Dowst & Associates re: Meadow Lake Subdivision - City Clerk Martinez read her January 9th memo to the Mayor and Council which stated that R. A. Coleman is requesting final plat approval for Meadow Lake. She also stated that staff is recommending the City accept the fees instead of the land for recreation. Attorney Rick Karl, 150 Magnolia, Daytona Beach, represented R. A. Coleman. He asked to discuss land versus funds for the parks area. He noted that Mr. Coleman will be obligated to give 1.2 acres, or the equivalent value in money to the City, and there are 3.3 acres adjacent to the City park area that exists now and the City would have the bonus of that extra acreage if the land could be submitted in lieu of payments. Lynne Plaskett, Planning Assistant/Grant Administrator, stated that she hadn't read Mr. Garrett's report on the property. City Clerk Martinez read the memo from Mr. Garrett dated January 5, 1987, which recommended that the land not be acquired. Attorney Karl stated that the function of parks is to provide recreational areas and to provide open spaces and Mr. Coleman could use this land for some purpose that wouldn't be for the public, but the City Council can acquire all this land and it could be open to the use of the public. Mark Dowst, Mark Dowst & Associates, Inc., noted that the low portion is the same level as the canal and he understood they'd need permits if they put a structure there. Attorney Karl stated it's more than 1.2 acres of usable land. Councilman Asting stated the City has the 14 acres adjacent to Mr. Coleman's proposed development and in view of what the staff recommends, he moved that they accept the fees rather than the land. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh advised the City wants fees instead of land. Mayor Baugh then noted that the second part of the memo is for final plat approval with the condition that only single family homes be built as repre- sented by the developer. He asked for a motion to that effect. Councilman Asting so moved. Councilman Prater seconded the motion. Councilman Mitchum questioned if this subdivision comes under the major user impact and City Clerk Martinez replied no, it's not in place yet and can't be retroactive. Bill Klein, 2910 Needle Palm Drive, stated he's a member of the Planning and Zoning Board and to his knowledge the Planning and Zoning Board did not vote on this. Mayor Baugh called a 5-minute recess at 7:34 P.M. to get the minutes from that meeting. He called the meeting back to order at 7:39 P.M. City Clerk Martinez pointed out that at the meeting where this action was taken, George Quaggin and Bill Klein were absent, and the motion passed 5 to O. Mr. Klein apologized. Councilman Rotundo asked Mr. Coleman if he's in favor of this recommendation and Mr. Coleman replied yes. Councilman Mitchum asked if their attorney should come forward and state in the record that they accept the fees over the land. Mayor Baugh pointed out that Mr. Coleman accepted it. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes January 14, 1987 o o COMMUNICATIONS (Continued) - Florida Dept. of Agriculture & Consumer Services - request to sign new lease for 1954 GMC 2~ T truck used by Fire Department - City Clerk Martinez said they need to have a motion to sign the documents. Councilman Asting moved to grant the request and that the Mayor sign the document. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Res. 87-R-3 Reappointing Jimmie Newell to Board of Adjustment - City Attorney Alvarez read this Resolution. RES. 87-R-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING JIMMIE NEWELL TO THE BOARD OF ADJUSTMENT OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. At this point on the agenda, Mayor Baugh asked Mr. Coleman to come forward again. City Attorney Alvarez wanted to clarify that the motion approved the plan contingent on the two conditions, one the single family residences only and the in kind monies instead of land. Attorney Karl agreed that's correct but said there's a question about the way the fees are being collected as the Building Department said they're collected at building permit time, and it's 1.2 acres of land contributed or that value in land and you take the assessed value times 1.2. City Attorney Alvarez said he understands that's the way the formula works. Lynne Plaskett, Planning Assistant/Grant Administrator, said the impact fees are not just for the 1.2 acres. Attorney Karl said the park ordinance says 1.2 acres or pay that value of the land and they're willing to take the value of 1.2 acres. City Attorney Alvarez said that as each building permit is pulled, the Building Official collects the impact fees per unit. Attorney Karl read from an excerpt of the ordinance. City Attorney Alvarez said in Florida Shores the fees are being paid as permits are being pulled, and they need to clarify that administratively, but for the record, it's an in lieu of provision. Attorney Karl agreed that's okay. UNFINISHED BUSINESS Ogil Reed's request to cross buffer strip at 35th Street - City Attorney Alvarez stated he amended the agreement to reflect that if Park Street is ever opened, the easement will cease. He pointed out the agreement is for single family residences and he noticed when he looked at the survey of the land in question that the size of the lot would not allow a home to be built there in the County in A-3. He added that it takes a minimum of one acre and certain setbacks, but if he already has a permit, it might make a difference. He said they need to know what he's going to use the property for so the agreement will reflect if it's for a home or for something else. Mayor Baugh requested a motion to TABLE this and instruct the City Clerk to write a letter per the City Attorney's statement. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Raymond and Phoebe Powers' request to vacate east end of Orange Avenue at Riverside Drive - City Clerk Martinez read her January 6th memo to the Mayor and City Council which recommended they deny this request. Councilman Asting so moved. Councilman Mitchum seconded the motion. Phoebe Powers, 1202 South Riverside Drive, said she understood it would be up to a certain board to make a decision. Mayor Baugh explained it was turned over to the Department Heads for their recommendation back to Council as to whether it should be vacated or sold, and all recommendations from the Depart- ment Heads were to deny the sale of the property, or to split it up, and to maintain it and keep it as City property. Mrs. Powers stated that she talked to two of them and she was told it was no good to the City. She asked if Council had observed it because without a terrible expense they couldn't make an approach to the river there. Motion to DENY the request CARRIED 5-0. -4- Council Regular Meeting Minutes January 14, 1987 . . . ~ o NEW BUSINESS u ADJOURN There was no New Business brought up at this meeting. Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 7:56 P.M. Minutes submitted by: Lura Sue Koser ATTEST: ~ CITY CLERK/ADMI Approved this 2nd Feb~r~ ~::-~ MAYOR ~~~ MAYOR ~~~~ ~.4<&M.s, 1J OUN ILMAN - ZONE WO CO -5- Council Regular Meeting Minutes January 14 1987 ~ ~ 1= ~ ~