02-07-2005 - Regular
'W
""'"
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
FEBRUARY 7, 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
There were no minutes to be approved at this time.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
A. Chief Ignasiak presenting a plaque to Officer Andrew
Gaden for "Officer of the Quarter".
Chief Ignasiak presented Officer Andrew Gaden with a plaque for
being named "Officer of the Quarter". Officer Gaden spoke of
what a pleasure it is to work in Edgewater.
4. CITIZEN COMMENTS
There were no Citizen Comments at this time.
5. CITY COUNCIL REPORTS
Councilman Brown commented on the Scouts that were present at the
meeting towards earning their Citizenship Badge.
w
....,
Councilman Vincenzi recognized Bob Lott, the chairman of the
Economic Development Board, for the excellent job he has been
doing.
Mr. Lott stated he is also on the Board of Directors for the
Southeast Vol usia Chamber of Commerce and informed Council they
are taking an active role with the surrounding communities and
they will start to see some changes to their regularly scheduled
meetings.
Councilwoman Rhodes had nothing at this time.
Councilwoman Lichter stated she received a call asking what the
status is of the tree ordinance. She contacted the Planning
Department and found out it is going to be part of the Land
Development Code. She asked if the Chairman of the Tree
Ordinance is aware of the route it is going. She was informed
yes.
Councilwoman Lichter feels now that the Economic Development
Board is putting articles in the City newsletter, there is a need
to acknowledge some of the businesses in this community. She
feels Edgewater Self Storage at 200 N Ridgewood Avenue deserves
some type of recognition. This establishment lets the Pet
Society, for free, use a big storage unit to keep the items they
collect for their annual yard sale. He also does this for Boy
Scouts and other organizations. She asked that this be placed in
the newsletter or if they could recognize someone that is doing a
good deed for the City.
Mayor Schmidt had nothing at this time.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing, Rich Fromm, Rich's Place, 2576 S.
Ridgewood Avenue, requesting a Special Activity permit
for Bike Week 2005 events with outdoor music to be held
on March 10-12, 2005
City Manager Hooper made a staff presentation.
Mayor Schmidt stated one of the things that came up last time for
one of the other permits, wasn't outdoor music after 9:00 p.m but
the use of the amplified P.A. system to do some contests. He
asked Mr. Fromm if he would have any events between 9:00 p.m. and
11:00 p.m.
Page -2-
Council Regular Meeting
February 7, 2005
w
"WII
Mr. Fromm informed him they didn't last time. At 9:00 p.m. they
shut it off. He wasn't planning on having any contests but if he
does, they will be inside.
Councilwoman Lichter stated the No Name Saloon came in and said
the Council had cut off at 9:00 p.m. their ability to have
contests. She stated Mayor Schmidt was just trying to be fair.
If they were going to have contests, they would say he could use
it now and then when it was needed. She lives across the street
and received a complaint one time when they weren't even playing
music. Sometimes people complain just to complain. She spoke to
people behind his business the first time they ran their music
and they had no complaints.
Councilwoman Rhodes clarified the No Name Saloon is only using
the P.A. system from 9:00 p.m. to 11:00 p.m. for announcements.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve the Special Activity permit
for Rich's Place for Bike Week 2005 events with outdoor music to
be held on March 10-12, 2005, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
B. 2nd 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 aqent for Diocese of Orlando, requestinq annexation of
2.33+ acres of property located south of 3171 S. Ridqewood
Avenue, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
Page -3-
Council Regular Meeting
February 7, 2005
w
...,
C. 1st Reading, Ord. No. 2005-0-03, Marcia Barnett,
authorized agent for Diocese of Orlando, requesting an
amendment to the Comprehensive Plan Future Land Use Map
to include 2.33~ acres of property located south of
3171 S. Ridgewood Avenue as Commercial with
Conservation Overlay
Paralegal Matusick read Ord. 2005-0-03 into the record.
City Manager Hooper made a staff presentation.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilman Vincenzi moved to approve Ord. 2005-0-03, Marcia
Barnett, authorized aqent for Diocese of Orlando, requestinq an
amendment to the Comprehensive Plan Future Land Use Map to
include 2.33+ acres of property located south of 3171 s.
Ridqewood Avenue as Commercial with Conservation Overlay, second
by Councilman Brown.
The MOTION CARRIED 5 - 0 .
D. 1st Reading, Ord. No. 2005-0-04, Marcia Barnett,
authorized agent for Diocese of Orlando, requesting an
amendment to the Official Zoning Map to include 2.33~
acres of property located south
Paralegal Matusick read Ord. 2005-0-04 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 Ord. 2005-0-04, Marcia
Barnett, authorized aqent for Diocese of Orlando, requestinq an
amendment to the Official Zoninq Map to include 2.33+ acres of
property located south, second by Councilman Vincenzi.
The MOTION CARRIED 5-0.
E. 2nd Reading, Ord. No. 2005-0-02, Marcia Barnett,
authorized agent for Raymond and Carol Spangler,
requesting annexation of 1.03~ acres of property
located at 3301 S. Ridgewood Avenue
Page -4-
Council Regular Meeting
February 7, 2005
'-"
.....,
Paralegal Matusick read Ord. 2005-0-02 into the record.
city Manager Hooper made a staff presentation.
Councilwoman Lichter stated she may have voted for this the first
time but she is looking at it slightly different. She spoke of
the two properties being next to each other. The wider parcel
looks like it is more in depth, this one looks like it is
shorter. City Manager Hooper informed her that is true.
Councilwoman Lichter referred to a map included in her packet.
She stated they assured the residents two weeks ago that they
would not be voting at that time and while they were discussing
these particular items, they would not be voting for the driveway
to come in off of South Cory Drive. This map shows that. She
wondered if she voted for this particular ordinance a second
time, would she be accepting the map that is included. City
Manager Hooper informed her no and explained the map is for their
information just showing that is what the property owner desires
to have this developed. They will go through a separate site
plan procedure and process. In order to have that driveway cut
on South Cory Drive, it will take approval of the County. He
informed Council tonight they are looking at annexation, land use
change, and the zoning.
Mayor Schmidt opened the public hearing.
The following citizen spoke:
Pat Card, 3019 willow Oak Drive, questioned if they recommended
approval of that with the understanding there would be a traffic
study done in regard to this. City Manager Hooper stated that
was brought up at the first reading and they are doing that.
Mayor Schmidt closed the public hearing.
Councilman Vincenzi moved to approve Ord. 2005-0-02, Marcia
Barnett, authorized acrent for Ravmond and Caro~ Spancr~er,
requestincr annexation of 1.03+ acres of property ~ocated at 3301
S. Ridcrewood Avenue, second bv Councilman Brown.
The MOTION CARRIED 5-0.
Page -5-
Council Regular Meeting
February 7, 2005
'-'
"""
F. 1st Reading, Ord. No. 2005-0-05, Marcia Barnett,
authorized agent for Raymond and Carol Spangler,
requesting an amendment to the Comprehensive Plan
Future Land Use Map to include 1.03~ acres of property
located at 3301 S. Ridgewood Avenue as Commercial with
Conservation Overlay
Paralegal Matusick read Ord. 2005-0-05 into the record.
City Manager Hooper made a staff presentation.
Councilman Brown commented on looking at the area very closely.
The southbound lane of U.S. #1 where Volco Road comes into it,
it's not that far that they would have to move that left turn
lane back to the north to have that a straight shot between those
two instead of having a jog. He also expressed concern with the
new development that will be in there and the traffic coming in
and out of Volco Road. Mayor Schmidt feels the traffic study
will tell them alot.
Councilwoman Lichter asked if the standards for coming out on
U.S. #1 have changed. There are many places where there are cuts
pretty close together. Has the State tightened that up? City
Manager Hooper explained the D.O.T. standards evolve, as well as
the City's and the County's. What they are describing here is
not a recent change. D.O.T. tries to have in actuality 660 feet
between Volco and any other road that comes in. Of years past,
some of that exists. The traffic study will be brought before
they come to Planning and Zoning. He further spoke of this being
a combination of the County's call and the City's call.
Mayor Schmidt opened the public hearing.
The following citizen spoke:
E. K. Ashton, 152 S. Cory Drive, appreciated the fact that some
of the Council have gone down to look at the problem. They have
no objections to the building going up there. It looks like it
is nicely laid out. They are all agreeable it will probably be
alright and they aren't fighting it in any way. The only thing
they are looking after is the safety of the people in Cory
Estates. He doesn't understand how the City of Edgewater has the
authority to grant a permit to put that building in there and put
that street in there when it is a County road. Councilwoman
Rhodes informed him they don't.
Page -6-
Council Regular Meeting
February 7, 2005
'-'
....,
Mr. Ashton asked how and when that will be determined. City
Manager Hooper elaborated.
Mr. Ashton commented on the traffic coming out of Volco Road. He
feels this will be hard to figure out.
City Manager Hooper informed Mr. Ashton if he would like to be
made aware of those dates when those come in, if he speaks to Mr.
Lear and leaves an address he could be notified.
Councilman Vincenzi feels it is important to know that they are
working on it and the thing to do is keep an eye on it, come to
the meetings and voice your opinion.
Mayor Schmidt closed the public hearing.
Councilman Brown moved to approve Ord. 2005-0-05, Marcia Barnett,
authorized aqent for Raymond and Carol Spanqler, requestinq an
amendment to the Comprehensive Plan Future Land Use Map to
include 1.03+ acres of property located at 3301 S. Ridqewood
Avenue as Commercial with Conservation Overlay, second bv
Councilwoman Lichter.
The MOTION CARRIED 5-0.
G. 1st Reading, Ord. No. 2005-0-06, Marcia Barnett,
authorized agent for Raymond and Carol Spangler,
requesting an amendment to the Official Zoning Map to
include 1.03~ acres of property located at 3301 S.
Ridgewood Avenue as B-3 (Highway Commercial)
Paralegal Matusick read Ord. 2005-0-06 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 Ord. 2005-0-06, Marcia
Barnett, authorized aqent for Raymond and Carol Spanqler,
requestinq an amendment to the Official Zoninq Map to include
1.03+ acres of property located at 3301 S. Ridqewood Avenue as B-
3 {Hiqhwav Commercial}, second bv Councilwoman Rhodes.
The MOTION CARRIED 5-0.
Page -7-
Council Regular Meeting
February 7, 2005
,.,
...""
H. Res. No. 2005-R-02, authorizing the Mayor to execute a
Memorandum of Agreement between the City of Edgewater
and FDOT for City to continue performing highway
maintenance and the City to be paid an annual sum of
$29,206
City Manager Hooper made a staff presentation.
Paralegal Matusick read Res. 2005-R-02 into the record.
Councilwoman Rhodes feels when they are at Volusia Days they need
to bring up that D.O.T. needs to pay us more money. City Manager
Hooper stated they argue that every year. There will be another
one about u.s. #1 south to Ariel Road in the very near future.
Councilwoman Lichter asked if Park Avenue is one. City Manager
Hooper stated that is a separate agreement with the County they
are working on. Park Avenue is a County Road.
Mayor Schmidt opened the public hearing.
The following citizen spoke:
Dominic Capria, 606 Topside Circle, asked how much it cost the
City to do it last year and if it is more than $29,206. City
Manager Hooper informed him it is much more than that. Mr.
Capria questioned then why are we going along with this and
suggested D.O.T. do it. Mayor Schmidt stated they mow about once
a quarter and would have an ugly road. He also suggested they
ask for more money. Mayor Schmidt stated they do continuously
ask but they have guidelines they go by and all we can do is keep
asking. In essence, this supplements what we do to the road.
City Manager Hooper explained D.O.T. looks at it if they cut four
cycles a year, they do one pickup of trash and litter each time.
If you want anything over and above that you have to pay for it.
If you take the responsibility of the whole road, they give you
what they would have paid. Mr. Capria asked approximately how
much more it costs us. City Manager Hooper informed him around
$60,000 more.
Councilwoman Lichter spoke about stopping the littering might
help. She spoke of more enforcement on littering.
Mr. Capria then asked how many miles they are talking about.
City Manager Hooper informed him seven or eight.
Page -8-
Council Regular Meeting
February 7, 2005
'-'
.....,
Mayor Schmidt closed the public hearing.
Councilman Brown moved to approve Res. 2005-R-02, authorizina the
Mayor to execute a Memorandum of Aareement between the City of
Edaewater and FDOT for City to continue performina hiahway
maintenance and the City to be paid an annual sum of $29,206,
second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
7 . BOARD APPOINTMENTS
There were no Board Appointments at this time.
8. CONSENT AGENDA
A. Amended Marine Interlocal Agreement - staff recommends
amendment to the Agreement which would exclude Volusia
County, provides for cost sharing in the event one City
terminates participation and clarifies the patrol area
of the river
Councilwoman Rhodes moved to accept the Consent Aaenda, second by
Councilman Brown.
The MOTION CARRIED 5-0.
Councilman Vincenzi asked City Manager Hooper to go over what
this is, just for clarification. City Manager Hooper elaborated.
Councilman Vincenzi spoke of this being paid for through grant
money. He also mentioned this has nothing to do with Councilman
Brown's initiative of preserving the islands.
9. OTHER BUSINESS
There was no Other Business at this time.
10. OFFICER REPORTS
A. City Clerk Wadsworth had nothing at this time.
B. Paralegal Matusick had nothing at this time.
C. City Manager Hooper reminded Council of the Work
Session at 5:00 p.m. on February 9th.
Page -9-
Council Regular Meeting
February 7, 2005
'-'
....,
11. CITIZEN COMMENTS/CORRESPONDENCE
The following citizen spoke:
Pat Card, 3019 Willow Oak Drive, spoke of the homes that were
destroyed or nearly destroyed to trigger a re-evaluation and re-
assessment of their property. The homestead exemption currently
works on the basis of market value. There is movement in the
state Legislature right now to change it so that in effect the
homestead exemption and the 3% increase you get annually in your
assessment, the protection you have for that assessment would be
based not on market value increase, but would be based on the
size of the property increase. This might well prove a much more
equitable situation. He then presented an example of triggering
one of these.
A. Tentative Agenda Items
There were no Tentative Agenda Items to be discussed at this
time.
12 . ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 7:42 p.m.
Minutes submitted by:
Lisa Bloomer
Page -10-
Council Regular Meeting
February 7, 2005