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01-24-2005 - Regular '-' ...." .. CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 24, 2005 7:00 P.M. COMMUNITY CENTER MINUTES 1 . CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Paralegal Robin Matusick Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Regular Meeting of December 6, 2004 Councilwoman Lichter moved to approve the December 6, 2004 minutes, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. 3. PRE SENTAT I ONS/PROCLAMAT IONS/PLAQUE S/CERTI FICATE S/DONATIONS There were no presentations at this time. 4. CITIZEN COMMENTS There were no Citizen Comments at this time. 5. CITY COUNCIL REPORTS ~ ~ Mayor Schmidt thanked Leisure Services Director Jack Corder and the Leisure Services Department and anyone who had anything to do with "A Day At The Park" on Saturday. He reported it went off without a hitch. There was an assortment of activities for every age and every walk of life. Councilman Brown stated Mayor Schmidt does not pitch well. Councilman Vincenzi stated it was a real nice day on Saturday. It was a good facility and good fun. He feels this is a good addition to the City. Councilwoman Rhodes agreed with everyone about the good time on Saturday. She expressed concern with the parking issue. Councilwoman Lichter stated she is proud to be a member of Drug Free Youth. They paid for and sponsored the child activities on Saturday. Councilwoman Lichter commented on the Savvy Senior Seminar being held Wednesday, February 9th at the New Smyrna Beach Library. The subject will be Living Wills and Health Care Surrogates and Managing Medical Insurance Paperwork. Councilwoman Lichter spoke about the house next door to City Hall originally belonging to Dr. John Milton and Esther Hawks. They did some archaeology work in front of the home and found remnants of the first colony here and as a result of that, that house can now qualify to be in the National Registry. She feels this is very exciting for our City. Councilwoman Lichter commented on letters they receive every month from people that do not think we are being strict enough with our Codes. They get letters from people who think they are being too strict and letters from people who think they aren't being strict enough. She stated generally our Code Enforcement people respond to complaints. She wants to bring up at the workshop that perhaps they be a little more proactive and if the policeman or fireman or any official person is out there and spots a violation that they do something. She feels if it is on the books they have to do something about it because often neighbors are afraid to bring up the subject. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Page -2- Council Regular Meeting January 24, 2005 '-' ...""" A. Public Hearing, Tanya Girvan, owner/No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity permit with outdoor music for: 1) Shriner Poker Run to be held February 13, 2005 City Manager Hooper made a staff presentation. He pointed out the conditions with staff recommending approval. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve the Special Activitv Permit for the Shriner Poker Run on Februarv 13th provided all the criteria are abided by, second by Councilman Vincenzi. The MOTION CARRIED 5-0. 2) Bike Week to be held March 4-13, 2005 City Manager Hooper made a staff presentation. He pointed out the permit conditions, with additional conditions being added. Councilwoman Lichter asked if there can be outside music after 9:00 p.m. if it is not amplified. City Manager Hooper informed her music after 9:00 p.m. will be indoors. Tanya Girvan, owner, No Name Saloon, stated they do contests after 9:00 p.m. and use a P.A. to do them. They have been doing this for five years and have never had a complaint on those issues. It's hard to do them when you are holding an orange cone trying to announce. Councilman Vincenzi asked when the contests take place. Ms. Girvan informed him they have contests every night but their big ones will be Sunday, Thursday, Friday and Saturday. Councilman Vincenzi asked how late. Ms. Girvan informed him they are over by 11:00 p.m. They last only around 15 minutes. It is not continual. Councilman Vincenzi expressed he lS willing to try it. Page -3- Council Regular Meeting January 24, 2005 W' ...." Councilman Brown expressed concern for the language. Ms. Girvan stated they have Monsters of the Midday coming on Thursday and they have discussed language and being off the stage by 9:00 p.m. She also stated no matter how many times she tells them not to do it the do sometimes get up there and do it. For the most part, they listen. They have fired people in the middle of their sets for language. Councilwoman Rhodes expressed concern with Monsters of Midday because they were at a hotel in Daytona and it was so out of hand. She asked Ms. Girvan if she is prepared police wise and other wise. Ms. Girvan stated she doesn't think it will be any worse than Vince Neil was last year. Police Chief Ignasiak stated they have a provision where if the number of people increases dramatically they will bring on extra detail officers at the No Name events. Mayor Schmidt suggested rewording number ten to include the amplified P.A. system can be used after 9:00 p.m. for the promotional events they do. Councilman Vincenzi asked Ms. Girvan in her next application to let them know when they are going to have what. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to qrant the Special Activity permit for Bike Week 2005 and to allow amplified voice after 9:00 p.m. with no music to end by 11:00 p.m., second by Councilwoman Lichter. The MOTION CARRIED 5-0. B. Public Hearing, Earthquake Magoon's, 132 W. Park Avenue, requesting a Special Activity permit for an annual Bike Week Oyster Roast to be held Friday, March 11, 2005 City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to accept the Earthquake Maqoon's application for a Special Activity permit, second by Councilwoman Rhodes. Page -4- Council Regular Meeting January 24, 2005 '-' ....,; The MOTION CARRIED 5-0. C. Public Hearing, approval of ParkTowne Industrial Center plat draft pending surveyor and legal review City Manager Hooper made a staff presentation. Councilwoman Lichter asked about the containment site and what the plans are for that area. City Manager Hooper elaborated. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Counci~woman Rhodes moved to approve the ParkTowne Industria~ Center p~at draft pendinq surveyor and ~eqa~ review, second by Counci~an Brown. The MOTION CARRIED 5-0. D. 2nd Reading, Ord. No. 2004-0-30, Edgegate, LLC dba U sto It Mini Storage, applicant for owners Brent Jones and Thomas Vardell, requesting annexation of 1.46+ acres of property located north of 3725 S. US 1 Paralegal Matusick read Ord. 2004-0-30 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Counci~woman Rhodes moved to approve Ord. 2004-0-30, Edqeqate, LLC dba U sto It Mini storaqe, app~icant for owners Brent Jones and Thomas Varde~~, requestinq annexation of 1.46+ acres of property ~ocated north of 3725 S. US 1, second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . E. 2nd Reading, Ord. No. 2004-0-31, Dan Robison, Highway 442 Partners, LLC, agent for Vincent and Pamela Snowden, requesting annexation of 5,601~ acres of property located north of SR 442 and west of 1-95 (continued until March 7, 2005) city Manager Hooper made a brief staff presentation. Page -5- Council Regular Meeting January 24, 2005 "-' ....., Councilwoman Rhodes moved to continue this item until March 7, 2005, second by Councilman Brown. The MOTION CARRIED 5-0. F. 2nd Reading, Ord. No. 2004-0-49, David Dacar requesting amendment to the Comprehensive Plan Future Land Use Map to change 4.95~ acres of land located at 820 W. Park Avenue from Medium Density Residential to Commercial Paralegal Matusick read Ord. 2004-0-49 into the record. City Manager Hooper made a staff presentation. Councilman Brown questioned the road running along the back of the property being open to Mango and asked what will be done with that. City Manager Hooper stated that will probably be coming in at a later date with the property Mr. McAllister owns. It is either going to be part of another subdivision or part of a second site plan coming in. Councilwoman Lichter stated a citizen expressed concern for the Elks being so close to the park and she looked it over very carefully and there are many natural barriers between that. The playground equipment is at the other end of the park and not abutting this. She doesn't see that any more of a problem than any other situation. She spoke of Rotary Park not being used to the degree that some of our other parks are. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Counci~woman Lichter moved to approve Ord. 2004-0-49, David Dacar reauestinq amendment to the Comprehensive P~an Future Land Use Map to chanqe 4.95+ acres of ~and ~ocated at 820 W. Park Avenue from Medium Density Residentia~ to Commercial, second by Counci~woman Rhodes. The MOTION CARRIED 5-0. G. 2nd Reading, Ord. No. 2004-0-50, David Dacar requesting amendment to the Official Zoning Map to change 4.95~ acres of property located at 820 W. Park Avenue from MH-l (Mobile Home Park) to B-3 (Highway Commercial) Page -6- Council Regular Meeting January 24, 2005 '-' ....., Paralegal Matusick read Ord. 2004-0-50 into the record. city Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-50, David Dacar reauestina amendment to the Official Zonina Map to chanae 4.95+ acres of property located at 820 W. Park Avenue from ME-I (Mobile Home Park) to B-3 (Hiahway Commercial), second by Councilwoman Rhodes. The MOTION CARRIED 5-0. H. pt Reading, Ord. No. 2005-0-01, Marcia Barnett, authorized agent for Diocese of Orlando, requesting annexation of 2.33~ acres of property located south of 3171 S. Ridgewood Avenue Paralegal Matusick read Ord. 2005-0-01 into the record. city Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2005-0-01, Marcia Barnett, authorized aaent for Diocese of Orlando, reauestina annexation of 2.33+ acres of property located south of 3171 s. Ridaewood Avenue, second by Councilwoman Lichter. The MOTION CARRIED 5-0. 1. pt Reading, Ord. No. 2005-0-02, Marcia Barnett, authorized agent for Raymond and Carol Spengler, requesting annexation of 1.03~ acres of property located at 3301 S. Ridgewood Avenue Paralegal Matusick read Ord. 2005-0-02 into the record. City Manager Hooper made a staff presentation. Councilman Vincenzi asked what they are planning on doing with this property eventually. City Manager Hooper elaborated. Page -7- Council Regular Meeting January 24, 2005 '-' ."",., Councilwoman Lichter asked where an entrance would be to the professional building. City Manager Hooper stated it is proposed off of Cory Drive. They are going to make a site plan application and go through the site plan process. The driveway off of Cory, since that is a County road, would be permitted as a use permit through the County. The site plan permitting will come back through the City. Councilwoman Lichter asked if this property were to stay in the County, could a professional building be built. City Manager Hooper stated it has the correct land use of commercial that would allow that. City Manager Hooper spoke of the whole area along the U.S. #1 corridor having a depth of commercial in the City and County. Councilwoman Lichter spoke about the pockets in the City that are in the County. City Manager Hooper believed the issue from the residents of Cory Drive is traffic. Planning and Zoning recommended and the Barnett's are doing a traffic study, which will help located where that ingress and egress will be. He also mentioned the median and there being a slight offset. There will be some discussion with DOT on how to correct or cure that traffic access as you cross u.s. #1. Councilwoman Rhodes feels the issue is not with the professional building. The issue is with the entrance on South Cory Drive. When it gets to that point, she may take some issue with it. She doesn't have an issue with annexing it in but she does with egress and ingress off a residential street when you have a highway. She would like to see a compelling reason for that. Had this parcel stayed County, the County was not going to allow it. She asked County Councilman Jack Hayman if this is correct. Jack Hayman, County Councilman, they can't deny them access if they own the property and they petition them to do that. The Codes, Ordinance and Building Regulations would govern. He confirmed for Councilwoman Lichter they could build the same type of building but probably get a larger building under Edgewater's building codes then they would with the County. He clarified for Councilwoman Rhodes they would require the traffic study as well. He also expressed concern of the County Traffic Engineer with the intersection of Volco Road and U. S. #1 and a light being there within the next five or ten years. Page -8- Council Regular Meeting January 24, 2005 -- ..., Mayor Hayman spoke of people making a U-turn pulling out of Cory Drive and this being unsafe. He feels this situation will be a challenge no matter what happens. He also feels the important thing is the safety of the community. Mayor Schmidt opened the public hearing. The following citizens spoke: ~ke Visconti, 316 Pine Breeze Drive, suggested moving the medians more to the left and have the traffic go right into Cory Estates instead of going around and making a complete turn to get into Cory Estates. Councilwoman Rhodes spoke about having Volco Road on the other side and doing the same thing with Volco Road. Kenny Clise, Cory Estates, stated what is good for the goose is good for the gander. He suggested blocking it off and making Volco Road do like they have to do. Go right and make a U-turn to go north. They have to go right to make a U-turn to go south. Mayor Schmidt stated the traffic study will be looking at that. Councilwoman Rhodes stated they are trying to alleviate that so nobody has to do it. Councilwoman Rhodes stated for the record that her father lives in Cory Estates. Mr. Clise stated they aren't against what the Barnett's are trying to do. They are very much against the location of any kind of entrance or exit because within another 5 years there will be a hundred residents in Cory Estates and that is the only way in and out. The school buses stop at the intersection. He spoke of people walking and riding bicycles during the day. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2005-0-02, Marcia Barnett, authorized aaent for Raymond and Carol Spenaler, reauestina annexation of 1.03+ acres of property located at 3301 S. Ridaewood Avenue, second by Councilman Brown. The MOTION CARRIED 5-0. Mayor Schmidt asked how long the traffic study and the whole process will take. City Manager Hooper stated the traffic study will not be a long duration. It is pretty quick. That will be submitted with the site plan. He estimated 30 days. Page -9- Council Regular Meeting January 24, 2005 '-' .." Mayor Schmidt then asked if that will all be worked out before it comes before Council. City Manager Hooper stated there will be a great engineering effort to solve all of the problems. J. Res. No. 2005-R-02, authorizing the Mayor to execute an Agreement between the Florida Department of Transportation and City of Edgewater relating to Design and Installation of Guardrails in the median of SR 9 (1-95) at no anticipated cost This item was withdrawn. DOT called today and took it off of the agenda. He wasn't certain if it would be on at a future date. At this point it is not going to be done. K. Res. No. 2005-R-03, expressing support and participation in the application process with the State of Florida for the County of Volusia to designate the East Coast Greenway Trail throughout Volusia County Paralegal Matusick read Res. 2005-R-03 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Res. 2005-R-03, exPressina support and participation in the application process with the state of Florida for the County of Volusia to desianate the East Coast Greenway Trail throuqhout Volusia County, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. 7 . BOARD APPOINTMENTS A. Police Pension Board - nomination by Councilwoman Rhodes to fill a vacated seat Councilwoman Rhodes moved to appoint Malecia Harris to the Police Pension Board, second by Councilwoman Lichter. The MOTION CARRIED 5-0. 8. OTHER BUSINESS Page -10- Council Regular Meeting January 24, 2005 'W' ~ A. No Name Saloon Sign Agreement - staff recommending City enter into a "Sign Agreement" with Patrick Girvan and Tanya Girvan to bring into compliance the non- conforming sign(s) by no later than July 1, 2005 City Manager Hooper made a staff presentation. Councilwoman Lichter asked how many signs is an establishment allowed. City Manager Hooper explained it depends on the size. Councilwoman Lichter asked if you are allowed a fence sign. City Manager Hooper informed her that is allowed. Mayor Schmidt opened the public hearing. The following citizen spoke: Mike Visconti, 316 Pine Breeze Drive, asked about signs alongside the buildings such as at The Doghouse Saloon. City Manager Hooper stated it is a free standing sign. They are allowed a certain size. Fire Chief Barlow agreed to look at it. Councilwoman Rhodes moved to approve the staff recommendation that the City enter into a "Sian Acrreement" with Patrick Girvan and Tanya Girvan to brincr into compliance the non-conformincr sian(s} by no later than July 1, 2005, second by Councilwoman Lichter. The MOTION CARRIED 5-0. 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper reminded Council of the Work Session on February 9th at the Fire Association Building on Hibiscus Drive due to Planning and Zoning holding a meeting on the same night. Mayor Schmidt suggested if there are any thoughts, ideas or goals that each one of them might have and it has to do with something that staff needs to get them, he suggested they get with staff over the next few days so they have the information they need. Page -11- Council Regular Meeting January 24, 2005 '-' ....., city Manager Hooper stated the Council will be getting some written backup material about the goals and objectives they are trying to do about the reclaimed rates they are talking about and about the Johnson Control drats. They are also going to talk about the survey that was taken on the website as far as any potential modification. They will get those numbers and give staff direction on what they want to do. 11. CITIZEN COMMENTS/CORRESPONDENCE The following citizen spoke: M2ke Visconti, 316 Pine Breeze Drive, stated hopefully for the next meeting he would have a video from beginning to end of the ampitheater from when it was a wooded area up until last Saturday. A. Tentative Agenda Items There were no Tentative Agenda Items to discuss at this time. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 7:58 p.m. Minutes submitted by: Lisa Bloomer Page -12- Council Regular Meeting January 24, 2005