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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