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02-01-1988 - Regular Q (J CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 1, 1988 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 David Mitchum City Attorney Jose' Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Stephen Odom, Pastor of the Edgewater Baptist Church, delivered the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go from the Council meeting to the Public Hearing. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. PUBLIC HEARING AND ACTION: Res. 88-R-3 Granting 10 ft. easement alongside eastern boundary line of Roberts Rd. park to Florida Power and Light Co. - City Attorney Alvarez read this Resolution. RES. 88-R-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, GRANTING A 10 FT. EASEMENT ALONGSIDE THE EASTERN BOUNDARY LINE OF THE ROBERTS ROAD PARK FROM ROBERTS ROAD TO 28TH STREET TO FLORIDA POWER & LIGHT CO.; PROVIDING FOR ADVERTISEMENT BY TITLE ONLY; CONTAINING A REPEALER PRO- VISION AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for public input and there was none. He then asked for Council comments and there were none. Mayor Baugh requested a motion to adjourn the Public Hearing and go back to the regular meeting. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 88-R-3 - Councilman Asting moved they adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Workshop of January 13, 1988 - Councilman Prater moved they approve the minutes of January 13, 1988. Councilman Asting seconded the motion. Motion CARRIED 5-0. Regular Meeting of January 13, 1988 - Councilman Asting moved they adopt the minutes. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved they pay these bills. Councilman Prater seconded the motion. Councilman Mitchum asked Mr. Terry Wadsworth, who was in the audience, if this is the last billing from Marshall, McCully & Associates. Mr. Wadsworth, Utilities Superintendent, replied that the last bill will be next week at the Wednesday meeting as they're doing a final review and want to make sure it's completely zeroed out. Motion CARRIED 5-0. City Clerk Martinez stated there's one supplemental bill from Florida Electronics from the Police Department for $69.00 with a memo from Lieutenant Britain regarding the reason for not receiving a purchase order. She stated there's a second item for Davis Meter from Field Operations with a memo from Mr. Wadsworth as an explanation. She read the January 20, 1988, memo from Mr. Wadsworth, noting the total is $2,142.00. Councilman Prater moved they pay the two supplemental bills. Councilman Asting seconded the motion. Motion CARRIED 5-0. o Q MISCELLANEOUS Freeman Newell, 2450 S. Ridgewood Avenue, asked about the January 22nd meeting with the School Board. Mayor Baugh replied the meeting was with David Garrett also. Mr. Newell asked if he made a Council meeting after six months. Mayor Baugh stated they met with the School Board and gave them the proposal and they're taking it back to their Board. Mr. Newell said he found out a child was hurt and something should be done as it's been going on for six months. He asked if he should get signatures to get something done. Mayor Baugh replied that if he gets the signatures, he'll present it to the School Board, and he's been meeting with them to get them to pay a portion of moving the road. Mr. Newell said it shouldn't have been done in the first place. Mayor Baugh stated that he doesn't disagree but now they're trying to correct it. Mr. Newell said the City will be in trouble if something happens there. Mayor Baugh stated that Dr. Smith told them they would give an answer this week. Mr. Newell said the School Board won't do anything because they have a signed letter and they aren't going to pay for it, and he thinks they're just beating around the bush. He pointed out baseball is coming up and it's still going on, and asked what he can do. Mayor Baugh replied he can contact the School Board representatives and talk with them. Mr. Newell stated the City has not done what they should have in the first place. Mayor Baugh advised Mr. Newell that he'll let him know as soon as he hears something. Frank Opal, Florida Shores, stated that in 1982 he was a member of Citizens of Edgewater and they defeated the home rule charter that was to be changed that was done by Clay Henderson. He said there were two charters, one phony and one good one. Mr. Opal stated there are eight points on tomorrow's election and he's in favor of all of them and will vote yes and do all in his power to get it changed. Mr. Opal asked if they're building the Hill or the developers or Mr. Carder. prison and put people in there. Mr. Opal said he attended a meeting last Thursday or Friday and it was a farce. He also said there are two cliches running in the Council and he's going to help eliminate one. Bill Klein, 2910 Needle Palm, stated that regarding charter amendment #2, some people think the voters have the right to fire him if they aren't satisfied with the City Manager, and he doesn't think that's the intention. He said that rather than someone becoming a dictator or building a dynasty that no one can touch, the individual should be responsible to the citizens, and after two years if they find out the people aren't happy, then it would be up to Council to call a public hearing to see why people are dissatisfied. He said no one would have the right to discharge the City Manager, and asked if that's correct. Mayor Baugh replied he's heard it both ways and has heard that citizens will be able to get rid of somebody. Mr. Klein stated that after the election tomorrow, the Council has to set rules and regulations, and he'll be in favor of what he just spoke about. Mr. Klein stated that it's not his intent to belittle the Mayor and Council as the man had insinuated. He added that he's not going to do that with the City Clerk/Administrator either. He noted that as part time employees the Council is at a disadvantage as they can't spend the total amount of hours required without knowledge they should have received. He added that if they're paying people to bring them information and they aren't receiving it, that's what he's pointing out to them. concrete walls on Roberts Road for Oak He said they could make a concrete Mr. Klein stated he asked questions months ago and never received an answer and on Thursday night was a public hearing and he couldn't receive answers but he'd like the Mayor to see that each Councilman gets a copy because he wants some answers and made some serious accusations and brought out some points about things he believes should never have happened in this City, such as whether they received the things on the Building Official and the evaluations for quarterly reports signed by the City Clerk/Administrator per Ordinance 85-0-22. -2- Council Regular Meeting Minutes February 1, 1988 o o MISCELLANEOUS (Continued) - Bill Klein (Continued) - City Clerk Martinez stated that on January 13, 1988, she was requested to do those reports and they're ready to be typed. She noted that for two years since the implementation of the ordinance the system was used and she wasn't aware until January 13th of this year that Council had a problem with that format. She added that she was asked to prepare a written evaluation and it's ready for typing and Council will have to call a meeting to review it. Mr. Klein said the ordinance was passed in 1985 and it was ignored for 18 months. City Clerk Martinez stated it was Council's wishes to utilize the written Depart- ment Head quarterly reports and they determined that, not her. Mr. Klein stated Council determined that the City Clerk/Administrator shall evaluate in written from to the City Council. Mayor Baugh stated he's requiring it and he'd asked for it at one of the meetings on evaluations and it wasn't prepared, and he never pursued it any further. Mayor Baugh called a time limit on Mr. Klein and asked if Council wanted to hear from him further. Councilman Prater said he has no problem with it and no other Council member expressed an objection. Mr. Klein asked for a show of hands of Council if they saw the report on the falsification of Police records. He added that the Chief reported to City Clerk/ Administrator Martinez, and asked if she reported to them. Mayor Baugh stated that after the fact, he questioned it and was afforded the report. No other Council member indicated they were aware of it. Mr. Klein suggested Council call a public hearing after the election along with a special session because they're sitting there and there's liability that individuals and the City is being placed under, and every citizen. He asked City Attorney Alvarez if that's correct. City Attorney Alvarez replied that he didn't review the documents he's referring to in detail but he knows of their existence and before he makes an opinion, he'd like the opportunity to review it. Mr. Klein asked if they can have a special session and public hearing in the near future to bring up the points he brought up and Mayor Baugh replied yes. Harold Hardester, 817 Egret Court, asked that his time be deferred to item 9.A. (Belmont Plaza/Falcon Avenue). Mayor Baugh stated he had no problem with deferring it and no other Council member expressed an objection. Eileen Lloyd, from the audience, asked if she also could be heard under item 9.A. and Mayor Baugh agreed. Freeman Newell, 2450 S. Ridgewood Avenue, asked if Council realizes how much a City Manager will cost the people, with his car and secretary. Mayor Baugh replied that he thought it was discussed at another meeting. Mr. Newell stated it will be $100,000 a year. Mayor Baugh stated the secretary is taken care of. Mr. Newell stated that the City Clerk's salary will drop $10,000. Mayor Baugh pointed out that the election would be the next day. Councilman Mitchum disagreed with Mr. Newell's figure. Mayor Baugh also said he doesn't think it will be that much. Mr. Newell suggested they could pay the Mayor and have him in City Hall every day. Councilman Asting stated that figure might not be too far off as they pay the County Manager $86,000 just for salary. Councilman Mitchum stated that a professional City Manager will more than save his salary and his staff's salary over the years. Mr. Newell asked if the Mayor type of government would be good and Councilman Mitchum replied that they'd have to wait until the next day's election results. Jake Lodico, spoke on the height of fences on corners to avoid accidents. He said right above Dixwood is a 36" fence with vines growing on it and he almost wrecked his car there because he couldn't see ._Mr.. Lodico then said the sign for the fish market is raised 4 or 5 feet and they can't see to the South. Mayor Baugh asked Mr. Pat DiLeva, Assistant Code Enforcement Officer, who was in the audience, if he'd check these out. Mr. Lodico then spoke at length about the difference between an ordinance and putting something in the Charter. City Attorney Alvarez discussed this with him, explaining the ways to change the Charter. Mr. Lodico stated that just because they put it in the Charter, it doesn't mean they'll have to elect someone. City Attorney Alvarez pointed out that Council still has flexibility to deal with it. He added that Council will have to deal with present City personnel effected by the residency requirement and new personnel that corne into the City, and will deal with it based on existing laws. -3- Council Regular Meeting Minutes February 1, 1988 o Q MISCELLANEOUS (Continued) - Mel Wargo, 2 Pinesedge Court, again spoke on signs on public property. He said it's against the law and doesn't know why someone has to sign a complaint. He stated that the Code Enforcement Officers aren't doing their jobs without someone telling them what to do. He asked if the trailer signs have permits, and referred to some states outlawing them because they're electrified and some children got hurt in a rain storm. He added that it makes the town look like a "honky tonk". He asked that they get the signs off public property. He stated that realtors are putting signs right on the corner of Wildwood, and the City is still issuing permits for people to have sales. Jake Lodico asked if they'll hire a City Manager if it goes through or leave it like it is because they don't have to do it. Mayor Baugh replied he has all intentions of getting a City Manager. Councilman Asting replied he doesn't want to divulge anything at this time. Frank Opal stated last week they had a meeting and they discussed airplane hangers. Mayor Baugh said it's being checked. Mr. Opal asked who issued the permit. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Mitchum urged everyone to vote the next day whether for or against it because it's their chance to speak. He added that he's been for a City Manager since he was elected and Edgewater is the fastest growing city in Volusia County and is catching up to New Smyrna Beach and will pass them in a few years and the growth in our town should be mandated. City Attorney Reports - City Attorney Alvarez had no report at this time. City Clerk Reports - City Clerk Martinez requested Council authorization to cut a check for those attending the Volusia League of Municipalities meeting at Goodrich's hosted by Oak Hill and Edgewater on February 25, 1988. Councilman Prater moved they grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Clerk Martinez asked if Council intends to invite and pay for Department Heads and their spouses as previously done. Mayor Baugh replied he thinks that's the intent unless there's an objection. He requested a motion to allow the Department Heads as other cities do. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Martinez read the following statement for the record: "I have taken far too much verbal abuse, public embarrassment and humiliation with unfounded accusations over the past few months. I keep hearing there is a lack of communi- cation in this City. Information cannot be relayed if some of our decision makers can't afford the time to come into City Hall on a regular basis. Last September a motion was passed requiring me to have the Mayor make all decisions. How can he make a decision with the authority of only one vote on the Council? How can he relay his decision to the other voting members of this Council with the Sun- shine Law? There are cities in this State that prohibit Mayor and Council involve- ment in day to day operational decisions, just to avoid the present situation Edgewater is in. The elected official's purpose is to serve as legislators, to make laws, rules and policies. The enforcement of these are bestowed upon competent staff. If there are facts that some or all of us are not capable of making competent decisions, then charge us, we're human, we make mistakes, but to use me as a pawn in the City Manager referendum is first class harrassment. We are out of the lynch mob days. There are courts to handle unbiased decisions, away from the political atmosphere. A mental health day or vacation time is desparately needed by anyone, especially with the political conditions in Edgewater. I received written authorization by the Mayor, and was accused of being derelict in my job. If I didn't feel the Deputy City Clerk and the staff were competent enough to carry the load in my absence, I wouldn't consider taking my earned vacation time. If we get a City Manager, will that person be allowed to take vacation? Statements are being made that $500,000 was wasted. No Department Head, including myself, has the authority to spend in excess of $2,000. Put the blame where it belongs. Expenditures of this nature require a majority vote of the Council. It is not my job to reprimand the Council for things you feel are wrong. That's what election day is for. I have been employed by this City for 15 years and the City's best interest has always been uppermost in my decisions. In conclusion, I request that I be removed immediately from the self-insurance committee and that law and order be restored to the operation of this fine City we are all proud to be a part of. Thank you." -4- Council Regular Meeting Minutes February 1, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Clerk Reports (Continued) - Mayor Baugh stated that her request is to be removed from the self-insurance committee. Councilman Asting moved the request be denied. Councilman Rotundo seconded the motion. Motion DID NOT CARRY 2-3. Councilman Mitchum, Mayor Baugh and Councilman Prater voted NO. City Attorney Alvarez pointed out there's an ordinance involved. Mayor Baugh asked that they instruct the Attorney to remove her from the self-insurance committee. Councilman Mitchum moved they grant her the request. Councilman Prater seconded the motion. Motion CARRIED 3-2. Councilmen Rotundo and Asting voted NO. Utilities Superintendent's request for change order for Dyer, Riddle, Mills & Precourt, Inc. re: western wellfield expansion project - Mayor Baugh stated this is a change order request from Terry Wadsworth. Mr. Terry A. Wadsworth, Utilities Superintendent, explained the reason for the request for exploratory wells for the new wellfields is that the prices given in the original request for this work was for the dual tube rig but they're on lease elsewhere. He explained the St. Johns requirements for two 4" monitoring wells and aquifer testing. He noted the additional cost due to having to use conventional drilling methods is $7,500. Councilman Asting moved they grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Utilities Superintendent's recommendation to provide water service to out of City water connection, 196-28th Street - Mr. Terry A. Wadsworth, Utilities Superintendent, stated the individual requested service and it can only be granted by Council approval, and then he's advised that all connections and charges will be subject to the 25% charge. He recommended Council approve it. Councilman Prater moved they grant him the request. Councilman Asting seconded the motion. Motion CARRIED 5-0. Utilities Superintendent's request for change order for Dyer, Riddle, Mills & Precourt, Inc. re: western wellfield expansion project (Again) - There was a discussion about the need for a resolution for amendment no. 4 to the agreement. City Attorney Alvarez recommended a paper trail if it doesn't jeopardize the time frame. Mayor Baugh requested a motion to have the Attorney draw up the necessary resolution. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Utilities Superintendent's recommendation to reject bids for elevated water towers - Mr. Terry A. Wadsworth, Utilities Superintendent, stated he's recommending they reject all bids on the elevated water storage tanks. He noted they only received two bids and both are out of State and extremely over budget. He pointed out workers' compensation has gone from 28% to 54% which seriously impacted the amount. He added that he can defer the purchase of two pick up trucks from this year's budget. He pointed out that no firms in Florida bid because of work loads, and six out of seven indicated they'd be interested in bidding the job later. He asked they reject these bids and re-bid. Mayor Baugh asked which engineer did this and Mr. Wadsworth replied it was the last job done by Frank Marshall. Councilman Rotundo asked the cost of a new tank and Mr. Wadsworth replied $140,000 for Park Avenue for the 100,000 gallon tank and $180,000 for the tank in Florida Shores, minus labor escalation and other charges which would probably amount to an additional 25%. He pointed out a lot of people go to ground storage because of maintenance and they're thinking about it for Florida Shores. Councilman Rotundo asked how long this can go without replacing them and if they can get a new one with the CIP referendum. Mr. Wadsworth replied they'd have pressure fluctuations and other problems along the line and they can discuss it if the CIP goes through, but both towers are needed this year and they should go for 5 to 7 years. Councilman Asting moved to grant the request. Councilman Prater seconded the motion. Councilman Mitchum asked if the $65,000 figure is realistic and Mr. Wadsworth replied that figure was budgeted because the people who did the tank inspections gave that estimate but now a more realistic estimate is about $82,500, and if he defers the pick up purchases, he could do it. Councilman Mitchum asked why the large discrepancy and Mr. Wadsworth replied due to workers' compensation. There was a discussion about who prepared the bid and the sub involved. Mayor Baugh questioned who would do the new bids and Mr. Wadsworth replied he'll make any changes and re-advertise. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes February 1, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Recreation Director/Buildings & Grounds Maintenance Superintendent's request for negotiator to be named for land purchase through Community Development Block Grant program - City Clerk Martinez read the January 25th memo from Mr. David Garrett. Councilman Prater stated there's a letter dated January 14, 1985, addressed to the Mayor and Council from Kirk Jones, Chairman of the Parks and Recreation Board, regarding the appointment of a negotiator. He read the letter and added that the City Council meeting minutes of January 21, 1985, states the recommendation was approved to appoint David Garrett. He asked why they'd get another negotiator and pay him when they already have one. Mr. Garrett stated that since that time, the City has purchased additional recreational land and he wasn't the negotiator and the City Attorney negotiated, but if Council wishes, he'll negotiate. Mayor Baugh asked if Council wants to let David Garrett negotiate. Councilman Prater replied that he is the negotiator as far as he's concerned unless something different is done. Mayor Baugh asked for any objections or comments and there were none. Acting Public Works Superintendent - recommendation on bids for gas tanks and pumps - City Clerk Martinez read the January 27th memo from Mr. Mike Tenney recommending the bid be awarded to Advanced Petroleum & Equipment Company, Inc. as the lowest bidder to meet all specifications. The bid was $42,247. He also requested that since the bid was higher than expected, that $16,000 budgeted for the pole barn in line item 62 be moved to line item 64 to cover the extra cost as he felt the gas tanks and pumps are more essential than the pole barn at this time. Mayor Baugh asked what was budgeted and Mr. Tenney replied $40,000. Mayor Baugh asked the cost for the pole barn and Mr. Tenney replied about $16,000. Mayor Baugh asked if he thinks it will go over or under that and Mr. Tenney replied he doesn't know because he didn't work up that figure. Mayor Baugh stated the pole barn is to store equipment to preserve it and Mr. Tenney agreed. Mr. Tenney pointed out there could be contamination in the soil from those old tanks but they won't know that until they tear them up, and if there is contamination, it will be about $100 a cubic yard. Mayor Baugh said he'd like to leave it in the line item and authorize replacement of the pumps and use the amount needed out of that line item. He requested they approve this, leaving the balance in line item 62 until they can bid the pole barn and see what it's bid at, and let him get the tanks from Advanced Petroleum & Equipment Co. City Clerk Martinez suggested they could leave the money in the line item it's currently in until there's a final bill on the pump and then bring it back to Council for authori- zation to transfer the balance. Councilman Prater so moved. Councilman Asting seconded the motion. City Clerk Martinez said they need to award the bid and then take it from that line item. Councilman Mitchum asked if it will be limited to $2,247 and Mayor Baugh replied no. Councilman Mitchum asked what clean up could run and Mr. Tenney replied he doesn't know, and it may not be any as they show no lossage on their gas records. Councilman Mitchum asked about the $38,662 bid and Mr. Tenney replied that doesn't include well point, permits, dewatering or anything, and it would be extra added. Mayor Baugh asked if that's also the $41,000 bid and Mr. Tenney replied yes. Motion CARRIED 5-0. Acting Public Works Superintendent - recommendation to reject all bids on refuse truck and request to go out for bids again with new specifications - Mr. Tenney recommended they reject all bids and rebid the truck with new specifications because none met specifications. Councilman Prater moved to grant his request. Councilman Asting seconded the motion. Motion CARRIED 5-0 Volunteer Fire Department's request to go out for bids for new pagers, including batteries and chargers - City Clerk Martinez stated the request is for 12 pagers. Mayor Baugh asked if this was budgeted and City Clerk Martinez replied $5,200 was budgeted for 11 pagers. George Barlow, Director, stated they felt they could get a better deal with 12. Mayor Baugh asked if it will be per unit and Mr. Barlow replied yes. Mayor Baugh stated they could cut it back to 11, according to the bid, and Mr. Barlow agreed. Councilman Mitchum moved they grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. -6- Council Regular Meeting Minutes February 1, 1988 o o COMMUNICATIONS Coastal Florida Police Benevolent Association's request to reopen full contract for negotations for 1988-89 - City Clerk Martinez read the January 14, 1988, memo from Mr. Jon Kindell requesting reopening the full contract due to a typo on the agreement on the PBA contract. She noted that it was reviewed by Mr. Inman, the negotiator for this contract, and at no point did they or us discuss only opening for three items for the Police contract. City Attorney Alvarez pointed out it was a package deal on the pay increases and one element was two year agreements with reopeners. City Clerk Martinez agreed that was true on the two contracts but they didn't state that in P.B.A. City Attorney Alvarez noted that it was when Council was in executive session for the final session when it went to vote of the membership. City Clerk Martinez stated she'll review the tapes again. Councilman Rotundo moved they TABLE this until they have further information. Councilman Prater seconded the motion. Mayor Baugh suggested Mrs. Koser could listen to the tapes. Motion CARRIED 5-0. County of Volusia's request re: elimination of entrance fees at Canaveral National Seashore - City Clerk Martinez read the January 19, 1988, letter from County Council Chairman Roy Schleicher, which had an enclosed copy of a letter sent to the State Congressional representatives. Mayor Baugh requested a motion to back the County Council on this to reopen for the fees at Canaveral National Seashore and send a letter to that effect. Councilman Asting so moved and suggested they send a resolution if Council agrees. There was no objection. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Asting requested a recess at 8:20 P.M. Mayor Baugh called at 5-minute recess. Mayor Baugh called the meeting back to order at 8:32 P.M. ORDINANCES AND RESOLUTIONS Ord. 88-0-2 Annexing Lot 7, and land adjacent to and east of Lot 7, Edgewater Country Estates (J.C.and Rosemary Carder) - Mayor Baugh stated this is first reading. City Attorney Alvarez read this Ordinance. ORD. 88-0-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 11, TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is first reading and as recommended by the Planning and Zoning Board. Councilman Prater moved they adopt Ordinance 88-0-2. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 88-0-3 Annexing north 50 ft. of E. 380 ft. of Lot 2, Edgewater Country Estates, and land east of same to highway (Lynne Bianca Storch) - City Attorney Alvarez read this Ordinance. ORD. 88-0-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 11,TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER,FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is first reading and recommended by Planning and Zoning, to be advertised with a map of the area in the newspaper. Councilman Asting moved they adopt the ordinance. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 88-0-4 Annexing Lots 3,4,5,and 6,and west 75 ft. of 125 ft.wide easement east of Lots 3,4,5,and 6, Edgewater Country Estates (Merl S. Harris, Barbara J. Constable, and Rosi Fortna) - City Attorney Alvarez read this Ordinance. ORD. 88-0-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 11, TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He again stated this is first reading and was recommended by the Planning and Zoning Board and advertisement will be with a map in the newspaper. Councilman Rotundo moved they adopt Ordinance 88-0-4. Councilman Asting seconded the motion. Motion CARRIED 5-0. -7- Council Regular Meeting Minutes February 1, 1988 o o ORDINANCES AND RESOLUTIONS (Continued) - Ord. 88-0-5 Annexing Lots 1 and 2, except westerly 17 ft. and frontage along U.S.l taken for widening, Bella Vista Subdivision (George and Emmaline Vargish)- City Attorney Alvarez read this Ordinance. ORD. 88-0-5- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 12, TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BY FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is the same as before with advertisement with a map in the newspaper and it was recommended by Planning and Zoning. Councilman Asting moved they adopt the Ordinance. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Ord. 88-0-6 Annexing north 200 ft. east of U.S.l, of Lot 6, Hewitts Squaretopville (American Pioneer Savings Bank) - City Attorney Alvarez read this Ordinance. ORD. 88-0-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 12, TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this will be advertised and publication as before and it is first reading. Councilman Prater moved they adopt Ordinance 88-0-6. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ord. 88-0-7 Annexing Lot 4 except south 200 ft. and Lot 5 and 6 except north 200 ft., Squaretopville Sub. (Crimson T. Corporation) - City Attorney Alvarez read this Ordinance. ORD. 88-0-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 12, TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated that as previously noted, the advertisement will be in a newspaper with a map of the area. He said these are all small parcels south of town by U.S.l and this is first reading. Councilman Rotundo moved they adopt Ordinance 88-0-7. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 88-R-4 Reappointing Lauretta Shafer and Jeanette Dudley to Library Board - City Attorney Alvarez read this Resolution. RES. 88-R-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING LAURETTA SHAFER AND JEANETTE DUDLEY TO THE EDGEWATER LIBRARY BOARD; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES, RIGHTS AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved they adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 88-R-5 Appointing Patsy DiLeva as employee member to Merit Board - City Attorney Alvarez read this Resolution. RES. 88-R-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PRO- VIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. He stated Pat DiLeva is the member for a one year term to end February 4, 1989. Councilman Prater moved they adopt Resolution 88-R-5. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Res. 88-R-6 Naming park on West Park Ave., "Rotary Park" - City Attorney Alvarez read this Resolution. RES. 88-R-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, NAMING THE PARK ON WEST PARK AVENUE "ROTARY PARK"; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 88-R-6. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes February 1, 1988 o o ORDINANCES AND RESOLUTIONS (Continued) - Res. 88-R-7 Adopting expansion of planning boundary of Volusia Coastal Area Metropolitan Planning Organization to include all of Volusia County, support of reapportionment of existing 15 members, and disapproval of apportionment plan - City Attorney Alvarez read this Resolution. RES. 88-R-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING EXPANSION OF THE PLANNING BOUNDARY OF THE VOLUSIA COASTAL AREA METROPOLITAN PLANNING ORGANI- ZATION TO INCLUDE ALL OF VOLUSIA COUNTY AND TO SUPPORT REAPPORTIONMENT OF THE EXISTING 15 MEMBERS; EXPRESSING DISAPPROVAL WITH THE APPORTIONMENT PLAN; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved they adopt the Resolution. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Res. 88-R-8 Appointing Susan J. Wadsworth, Charles Chamberlin and Karen A. Rickelman to Board of Trustees of General Employees Retirement Plan - City Attorney Alvarez read this Resolution. RES. 88-R-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING SUSAN WADSWORTH, CHARLES CHAMBERLIN AND KAREN RICKELMAN AS MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 88-R-8. Councilman Asting seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Belmont Plaza/Falcon Avenue - Harold Hardester, Egret Court, said they're trying to settle the situation of ingress and egress of Falcon Avenue and they don't want to detain him from building but they strenuously object to ingress or egress from Falcon Avenue because it's the only street that goes in there. He said he thinks it was accepted by the City some time back and City Clerk Martinez agreed it was. Mr. Hardester stated that using Falcon Avenue for ingress and egress will make traffic more hazardous than now, but DOT gave approval with approximately 150 to 200 foot of acceleration lane on Falcon from a point of ingress and egress, and also an acceleration lane and deceleration lane. He noted the deceleration lane would be coming from the north off Route 1 and acceleration lane would be going south off of Falcon. He added it would make Falcon three lanes instead of two lanes. Mr. Hardester stated that members of the homeowners organization spoke to the engineers and they feel the point of ingress and egress on Route 1 isn't sufficient for this at this time and they'd require a traffic light be installed at Falcon and Route 1 in the event Council agrees to the entrance and exit onto Falcon from Belmont Plaza but only at a time when the traffic count would require it by DOT. He noted that their figures are extremely high and they seem to be using figures from a high density area. Mr. Hardester stated this puts them in a precarious position because they have children coming to Route 1 to go to school and there's no sidewalk and only a 20 foot street. He added they leave their bikes chained to a pole on Route 1, and he pointed out it's not a safe way for the children. He said the Planning and Zoning Board agreed there should be a sidewalk on Falcon to accommodate the children and people there. He said he has maps from DOT for review. Mayor Baugh stated that DOT said they won't grant the permit without the other lane and Mr. Hardester agreed that's true. Councilman Mitchum asked if the sidewalk was his proposal and Mr. Hardester replied it was brought up and agreed to by the Planning and Zoning Board. Councilman Mitchum and Mr. Hardester dis- cussed the requirements of DOT. Mr. Hardester stated that when they bought there, they understood it was a private street and not a City street that goes through, because it doesn't. He added that looking at the entrance on Falcon, the sign looks like it's a private street. Mayor Baugh asked what side of the street they'd put the sidewalk on and Mr. Hardester replied he doesn't know but it seems reasonable it would be the south side because of the children going to school. He asked Council to give this their full consideration. -9- Council Regular Meeting Minutes February 1, 1988 o o UNFINISHED BUSINESS (Continued) - Belmont Plaza/Falcon Avenue (Continued) - City Attorney Alvarez pointed out that the minutes of the December 17th Planning and Zoning Board meeting reflect that the motion was to accept the site plan if they widen Falcon Avenue back to the catch basin and include a sidewalk, but the minutes don't indicate the location of the sidewalk. He added the sidewalk was to be installed to the end of the project property. He noted that Council can review their decision and the property owners object to the Planning and Zoning Board decision and have asked Council to review it. He stated they have comments from D.G.T. to widen Falcon with the acceleration, decleration lane but couldn't find the item regarding the traffic light. Mr. Hardester said that's not part of the records and he had that verbally when he met with the men at D.G.T. City Attorney Alvarez reviewed letters of September 4, 1987 and November 17, 1987 to Luis Geil, and he and Mayor Baugh pointed out on the map provided the location for the widening of Falcon. City Attorney Alvarez pointed out that the site plan shows Falcon with three lanes of traffic, two going east and one going west and the added one will be the eastbound lane on the south side of Falcon. Mr. Hardester agreed that's true. City Attorney Alvarez asked where the property ends and Mr. Hardester replied at the end of Falcon, and there's an existing sidewalk on Falcon that runs a short distance. Mayor Baugh pointed out that Planning and Zoning recommended to go back to the catch basin to give more depth of the street to move over before you get to the entrance to go in and out of the Plaza. Mr. Hardester questioned if the point of ingress and egress on Route 1 is sufficient as it is at Downtown Edgewater Plaza, with three lanes there, and one going to the north and one to the south and one crossover. He noted there's no crossover point for Belmont Plaza. He asked that they consider having the entrance and exit on Route l.as he doesn't believe the traffic generated from the plaza will require a crossover, but if it increases, they could put one in at a later date. Mayor Baugh suggested it may end up with a crossover like they have at the north end. City Attorney Alvarez stated the request is to overturn the Board's decision and allow only an entrance from U.S. 1 and Mr. Hardester agreed that's what he's proposing. City Attorney Alvarez asked if there's a second proposal. Mayor Baugh replied the second proposal is what Planning and Zoning recommended. Mr. Hardester said they want the sidewalks to go all the way around for the children. City Attorney Alvarez noted that the motion of the Board was very clear. Mr. Hardester said they only go so far around that curve and they're 900 turns. City Attorney Alvarez and Mr. Hardester discussed the distance of the sidewalks and the curves. Mayor Baugh suggested it should go down to connect to the existing sidewalk. City Attorney Alvarez asked if that's the second request and Mr. Hardester replied yes. Eileen Lloyd, 810 Egret, Pelican Cove West, stated she has no objections to the project proposed by J. C. Carder, but when they bought their homes they were told it was a private road and it only goes in and out of Pelican Cove West, and if he's allowed to put the road coming out on Falcon, they'll no longer have a private road but a public thoroughfare. She pointed out he also promised a pool and club house and one site takes in part of the property where he's pro- posing this project. She stated 31 families hired an attorney and filed suit in circuit court in Deland and one item in the complaint is an injunction to stop future building by J. C. Carder and Belmont Homes until they hear something about their pool or clubhouse. She furnished a copy of the complaint for Council to review and asked they take it under consideration. -10- Council Regular Meeting Minutes February 1, 1988 o o UNFINISHED BUSINESS (Continued) - Belmont Plaza/Falcon Avenue (Continued) - Paul Katz, Attorney for Belmont, complained about how the meeting was handled. He said they have Southern Building Codes and zoning ordinances that describe parking requirements, minimum lot sizes, and requirements for building, and building permits should not be political issues. He said if the project meets the ordinances and zoning codes it's entitled to be built, and is not an issue of politicians subject to a vote. He pointed out that the Planning Board reviews the site plans to see that it conforms to the ordinances. He stated this site plan conforms to the ordinances, and if the issue is access off Falcon Avenue, then there should be an ordinance that says they don't have access off Falcon. He noted that the State D.O.T. has certain requirements in order to have access to a State road and you must make application and the site plan is reviewed by D.O.T. and they issue a permit, subject to recommendations. He added that D.O.T. requires access off Falcon Avenue and this is not going to be impacted in a westbound direction, and will only impact those in Pelican Cove West by giving them access to this property without making them go to U.S. 1, turn left and go north to the turn around and make a U-turn and go south. He added that's not the safest means of ingress or egress, and D.O.T. recognizes that. Attorney Katz again said they established a site plan review and the Board con- ducts that review and determines if criteria and ordinances have been met to get a building permit and his client met all the ordinances that were set up and got approval from the Board. He pointed out they shouldn't allow themselves to be drawn into issues they set up a Board to resolve, and if they review the Board or reverse the Board, it would show a step backward for the city. He referred to another municipality with the same issues and he'd researched it, and reached some conclusions. Attorney Katz stated this is not a legislative question and Council sits as a legislative body, and once the ordinances are passed, and the person meets the terms of the ordinance, he is entitled to a building permit. He added that it would be a mistake for Council to be involved in this. He pointed out his client is willing to meet the conditions of the Planning and Zoning Board and is entitled to the building permit, and this project has been delayed, and he's entitled to a building permit irrespective of any lawsuit filed that day. City Attorney Alvarez stated that Attorney Katz had an interesting presentation but it should have been a year ago when Council amended the Code to review the decisions of the Planning and Zoning Board when the decision involved the site plans. He said the distinction between administrative and legislative is due to this type of government, and many times Council has looked at decisions of the City when it affects a large amount of citizens. He added that if they ignore it and charges are brought, they could be looking at a lawsuit the other way. Attorney Katz stated he's not arguing jurisdiction of Council but scope of review is in the ordinance and the issue is does the site plan meet the ordinances. He asked what there is to vote on because it either meets the ordinances or it doesn't. He added that the issue on building permits is not a voting issue and the zoning ordinances provide for a shopping center. He added there's a provision to review the decision of Planning and Zoning but to exercise that jurisdiction sets a bad precedent for the City and subjects them to influence and pressures. He asked the purpose of Council's review of site plans unless it's solely to meet ordinances. He pointed out they have Department Head reports and they know it meets the ordinances. He agreed the arguments should have been a year ago and added that it was a sad day when the ordinance changed, and most cities at a certain maturity do away with that provision. He pointed out that people put pressure on their elected officials, but they have the ordinances and should be treated alike under the law. He requested and suggested they not exercise the authority to review this but check the people they appointed. -11- Council Regular Meeting Minutes February 1, 1988 o o UNFINISHED BUSINESS (Continued) - Belmont Plaza/Falcon Avenue (Continued) - Mr. Hardester stated that D.O.T. recommended this be put on Falcon Avenue and J.C.Carder agreed at one time not to have it on Falcon and it's in the site plan issued sometime last year. He said the western area of the site plan was the original site for a clubhouse and pool as indicated to potential buyers, but there have been four other places indicated also. He said on one of the site plans it indicated an area for recreation for Belmont Homes with a check to the City for $7,500 in lieu of having the recreation area there. He added they feel they're right in making this request of Council and there's no political issue. He said they're interested in the site plan and he agrees with Eileen Lloyd that this piece of property was first indicated for the pool and clubhouse site. City Attorney Alvarez questioned if the pool and clubhouse was to be located in this parcel and Mrs. Lloyd replied yes. Mr. Hardester pointed it out on the site plan he had. Attorney Katz stated this is wholly irrelevant to the question and if there's a suit filed in circuit court, it's not concerning the building permit. City Attorney Alvarez said he doesn't want to be caught in the middle of it. Mr. Hardester stated they don't object to the building. City Attorney Alvarez briefly reviewed copies of the complaint that were provided by Mrs. Lloyd. Mr. Hardester and Attorney Katz stepped up onto the Council's stage area and reviewed the papers and map with City Attorney Alvarez. Mayor Baugh stated the question is not the lawsuit, although it has to do with the same property, but if the development meets all criteria of the zoning ordinance, and how they can legally continue. Mr. Hardester said this piece of property was proposed for a clubhouse several years ago prior to this building. Mayor Baugh said whether it was promised or not on that property, they're con- cerned with if it meets all criteria. Mr. Hardester said he wants to push the point of ingress and egress off Falcon. Mayor Baugh questioned if they could if it meet all requirements of the zoning ordinances. Bill Klein, 2910 Needle Palm, member of Planning and Zoning Board, stated this was tabled on a couple of different occasions before it was brought to the Board the last time and he asked that it be taken off the table and Mr. Wheeler saw fit not to, so it was invalid. City Attorney Alvarez reviewed prior discussions of Falcon Avenue, and added that not all decisions come before Council, but when it has an impact on the public, they have an obligation to review it, if they so choose. He noted that every site plan is subject to negotiation, and one purpose of the B-5 Planned Shopping Center is to minimize traffic congestion on thoroughfares and public streets in the vicinity and that was discussed and then the question was entrance driveways that will provide easy and efficient means of access to the site along collector and arterial public streets. He said when Falcon was first developed they didn't want it a collector street and insisted it was a local street and that was how the Board passed it in 1982. He added that now there's a question about allowing the entrance on a local street and during the summer of 1987 a meeting was held between the City Engineer and City Adminis- trator and it was agreed the developer could not be stopped from using Falcon Avenue, but the developer agreed to omit one driveway. He added that after reviewing the ordinance, it was decided that the only street has to be an arterial or collector road, and the entrance has to be 100 feet from the intersection, and it's been argued for 5 or 6 years that it's a local street. He pointed out that with the Code, they have the opportunity to approve or disapprove or modify the decision of the Board based on earlier discussions, and they have to consider safety, health and welfare they're sworn to enforce. Councilman Rotundo noted the site plan was approved by Planning and Zoning. City Attorney Alvarez pointed out it was with certain conditions. Mayor Baugh noted the road is to be extended to the catch basin. City Attorney Alvarez said the extra land is to be extended to the catch basin and the sidewalk placed to the curve to the end of the project property. Councilman Rotundo asked what side the sidewalk will be on and City Attorney Alvarez replied it doesn't say and Council can decide. Mayor Baugh said it would have to be on the south side for traffic reasons all the way down to connect to the existing sidewalk on Falcon Avenue. He added this was the recommendation of Planning and Zoning. -12- Council Regular Meeting Minutes February 1, 1988 o o ~ UNFINISHED BUSINESS (Continued) - Belmont Plaza/Falcon Avenue (Continued) - Councilman Rotundo moved they accept the site plan approval of the Planning and Zoning Board with the recommendation. Mayor Baugh asked if it's the road being extended and with the sidewalks. Councilman Rotundo replied the extension of the road to the manholes and sidewalks on the south side going the full length of Falcon. Attorney Katz called a point of order that the Planning and Zoning Board did not make a recommendation to Council, but approved it in accordance with their authority under the ordinances. Councilman Asting seconded the motion. City Attorney Alvarez clarified that the sidewalk will extend to Lot 1. Mayor Baugh stated it's to connect to the existing sidewalk on Lot 1. Mr. Hardester then reviewed the map with Mayor Baugh. Mayor Baugh pointed out the sidewalk will go to Sea Gull Court and Sandpiper and Falcon and that was recommended by Planning and Zoning. City Attorney Alvarez noted the motion was to go to the south curve and Falcon has 4 or 5 curves. Attorney Katz asked that Mr. Klein clarify this. Councilman Rotundo stated that was his motion. Mayor Baugh said it's down to Sandpiper Court intersection with Falcon and Councilman Rotundo agreed. City Attorney Alvarez said the second item is extension westerly of the extra lane to the catch basin and Councilman Rotundo agreed. Councilman Asting agreed that was okay as the second to the motion. City Attorney Alvarez noted they have no jurisdiction over the sketches provided by D.O.T. and he assumes the developer will conform to those. Attorney Katz stated the developer will comply with all requirements of D.O.T. and highway project permits and all recommendations of Planning and Zoning that passed December 17th when site plan approval was given. City Attorney Alvarez stated Council took the conditions and restated it could be that the extra. lane be moved westerly to the catch basin and the sidewalk will go to the intersection of Falcon and Sandpiper Court. Attorney Katz said that was an expansion of Planning and Zoning and he doesn't believe it was a requirement. Councilman Mitchum asked if they have the juris- diction to expand and Mayor Baugh replied yes. Councilman Mitchum asked if he agrees with the statement Council is making and Attorney Katz replied no, he does not, and in negotiations between cities and developers based on issues of health, safty and welfare, the City has the right, under certain circumstances, to request plat requirements, but the right to request these actions does not go beyond what the project itself generates. He added they should exercise some restraint and not use this as an opportunity to cure some perceived problems in Pelican Cove West that are not connected with this shopping center site plan. He said it's not an opportunity to require sidewalks be built now, and Planning and Zoning asked that it be to the first curve and they agreed, but to take it an additional 400 to 600 feet is beyond what should be exacted because it's beyond the impact of that par- ticular project. City Attorney referred to the previous denial of the request for a variance for sidewalks. Mayor Baugh noted some have been built. Attorney Katz stated they're talking about separate issues and his client agreed to build along the length of the property as imposed by Planning and Zoning, but to continue it several hundred feet is unrelated and impermissible. Councilman Mitchum asked if he thinks a question of safety for the shopping center created this and Attorney Katz replied he doesn't think the shopping center is creating a safety problem beyond the area of the shopping center, and the problem that exists along Falcon is irrespective of the shopping center and may exist now. City Attorney Alvarez paraphrased the motion that it's to affirm the Planning and Zoning Board approval of the site plan with the condition that the sidewalk will be built on the south side of Falcon from U.S. 1 to Sandpiper Court, and secondly, that the extra lane be extended back to the catch basin, and that the requirements of D.O.T. be met. Mayor Baugh clarified it is westerly to the catch basin. Mr. Hardester said they've been coming here about a year about this situation and they'd like it settled at this meeting. -13- Council Regular Meeting Minutes February 1, 1988 : I o (.) UNFINISHED BUSINESS (Continued) - Belmont Plaza/Falcon Avenue (Continued) - Councilman Mitchum asked Mr. Hardester if he's in agreement with this motion, from the legal standpoint they talked about. Mr. Hardester replied he understands the developer has the right to put a building on his property but his concern is with the traffic flow in and out of there together with the children and he believes it will create a problem. Councilman Mitchum asked if he's comfortable with the extras they put on there and Mr. Hardester replied he can live with it. City Attorney Alvarez stated that Council will make a decision and that decision is final and the ball will be in the developer's court. Motion CARRIED 5-0. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Mitchum so moved. Councilman Prater seconded the motion. Meeting adjourned at 10:10 P.M. Minutes submitted by: Lura Sue Koser ~ ~ DNCILMAN - ZON TWO ~ 'k~~ ~ CO;JJ;;/):;J7/L- - COUNCILMAN - ZONE FOUR ~ ATTEST: ~J. d'~) CITY CLERK Approved this 10th day of February , 198 ~. MAyF4--- -14- Council Regular Meeting Minutes February 1, 1988