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01-06-2003 - Regular .... .""" ., CITY COUNCIL OF EDGEWATER REGULAR MEE TING JANUARY 6, 2003 7:00 P.M. COMMUNITY CENTER MINUTES 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 Myron Hammond 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. APPROVAL OF MINUTE S A. Reqular Meetinq of November 18, 2002 Councilwoman Lichter moved to approve the November 18, 2002 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recoqnition of appointed/reappointed Board/Committee members There were no Board or Committee members to be recognized. B. Meet and welcome newly elected County Councilman Jack Havman Mayor Schmidt introduced former Mayor of Edgewater Jack Hayman who is the newly elected County Councilman. '-" ..."" County Councilman Jack Hayman spoke of what the Edgewater City Council has been doing at the County and state level. He commented on the Consolidated Dispatch between Port Orange, New Smyrna and Edgewater. He congratulated the City for what they have done. He went on to speak about the County Firefighter initiative and the challenge out there that has to do with the level of service. He feels communications will effect what the County and cities in Volusia County will deal with in the future. He also commented on challenges that face us in the future. The City of Edgewater is already working out an agreement with the County to define the general parameters of what we are going to look like and how we are going to get from here to there. He further spoke about the Comprehensive Planning process. County Councilman Hayman went on to speak about water issues and the capital investments in Edgewater. He feels the bottom line is we have to solve the water problem within the next six months. He then spoke about needing managed growth, not controlled growth. County Councilman Hayman then spoke about our economy and the ParkTowne Industrial Center. County Councilman Hayman stated it is an honor to represent Edgewater and he offered his services. He considers himself an integral part of the staff Edgewater has. Mayor Schmidt stated he would like to draft a letter and pass on an invitation to the County Council at Large members to come to a Council meeting to introduce themselves. City Manager Hooper agreed to do that. C. Mayor to present plaques to C.A.P. members Bob McGovern, Jim Slemp, Don Crawford, Beverly McGovern, Emilio Iezzi, Ruth Wahlers, Albert Keller, Louis Schatzel, Connie Filer, Wynona Gaye Slemp, Anthony Marco, Ronald Lucas, Dale Younq, Clare Gebelein, Charles Pentz and Reqina Needham for their dedication to the citizens of Edqewater Police Chief Ignasiak thanked the C.A.P.'s members. He introduced Tim Ball, coordinator of the C.A.P's unit as well as the Crime Watch Unit. Police Chief Ignasiak further spoke of how valuable this service has been. Page -2- Council Regular Meeting January 6, 2003 ..., ..", Tim Ball presented plaques to the above mentioned C.A.P.'s members. Mayor Schmidt thanked the C.A.P's members. CITIZEN COMMENTS Dominic Capria, 606 Topside Circle, stated at the last minute the Council approved the refuse collection. He agrees with keeping the workers. He asked how many homes there were and Councilwoman Rhodes briefed him that 700 businesses are also paying for this. He asked how much the businesses are paying and how many homes there are. City Manager Hooper stated there are about 9,400 homes and the commercial are paying $2 more per month than residential. Councilwoman Lichter asked if they have gone up start at a $2 higher base and are going up $4. Hooper stated when they went up they went up $2 residential. $6 or did they City Manager more than the Mr. Capria asked about the pickup on the 4' X 4'. Nobody has told them what will be charged if it is over 4' X 4'. Mr. Wadsworth stated in the ordinance it reads if it is approximately a truck full then the charge would be $40. They are trying to work out some of the mechanics and some of the margin loads. The base charge on large loads is about $40. Every additional yard is $10. Mr. Capria then spoke about Item SA & 9B. He asked if street lighting, retention ponds, etc. will be paid by the residents of these associations or will the City be picking up the tab. City Manager Hooper stated Item SA has nothing to do with property. That is Articles of Incorporation to make the C.A.P.'s Neighborhood Watch an incorporated entity so they can raise money similar to the volunteer Fire Department. City Manager Hooper explained Item 9B is the Parktowne Industrial Park and that is essentially the same. That is a Homeowner's Association set of covenants and restrictions and how it will be governed. They will still pay the same utility charge. The individuals will be paying, the City will not be paying. They will be paying their street lighting and the utility service to it. There may be some stormwater that goes through the park that currently the City takes care of because it is a canal. That will continue. The actual stormwater maintenance will be a different issue and there will be stormwater utility fee for that. Page -3- Council Regular Meeting January 6, 2003 ...., ...., Councilwoman Lichter explained many of the new homeowner's associations will be having similar things to Edgewater Landings. In the case of Item 9B they are talking about an industrial park. Mike Visconti, 316 Pine Breeze Drive, congratulated the Council and Mayor and City Manager Hooper for the wonderful job they have done in the past years. He also congratulated County Councilman Jack Hayman. He asked if there has been any progress made on stop signs on Roberts Road coming out of Meadow Lake Subdivision. City Manager Hooper stated traffic counts need to be done before they can do anything with that. They will be looking into that but haven't completed it. Mr. Visconti stated County Councilman Hayman just brought up a good point about where we are going to be in the next ten years. He spoke of there being no money in the budget for beautification. At the last meeting of the Recreation/Cultural Services Board they discussed this and he asked if it is possible to place on the water bill to ask for donations for the Beautification Committee. CITY COUNCIL REPORTS Councilman Brown thanked Leisure Services for an exceptionally fine parade. He also thanked the Police for their traffic control over the holidays. Councilman Hammond had nothing at this time. Councilwoman Rhodes congratulated County Councilman Jack Hayman. She also thanked the C.A.P.'s officers and expressed her appreciation for them. Councilwoman Lichter commented on changing our ordinances, rules and regulations in 2001. She stated some of these rules are a hardship on some of the industrial parks that are ancient. She has been getting some of those complaints. She feels they have to look at grandfathering some of the problems with these older places or a little special consideration. Councilwoman Lichter further spoke of the industrial park behind Regions Bank. We have a rule that says if an establishment is enlarged or changed substantially or if its use is changed, that they must be brought up to Code. It is hard to get people with the changeover to get into these little buildings to have these small industrial parks. She feels they really need to look at some of these older places. Page -4- Council Regular Meeting January 6, 2003 ., ,..., Councilwoman Lichter then spoke about very deep potholes on u.s. #1 and Palm Breeze Drive. She feels when the state came through they missed these potholes or created them. She explained it is going to be hard to get someone to come back but that they would try. She asked if someone could look at these. Councilwoman Lichter went on to speak about receiving a second recycling bin. She spoke of the handouts the City gives out with the recycling bins. Councilwoman Lichter then spoke about the Pet Society Inc. She spoke of severing ties with the Humane Society. At the moment, we have a band-aid type of animal shelter. She commented on the next fundraiser for the Pet Society Inc. being a Have A Heart Hoe Down. There will be dancing and a bar-b-que. They have to raise $350,000. The City has cooperated in that Lynne Plaskett is writing grants, they have leased them three acres of land on SR 442 and City Manager Hooper is going to sit down with them, an architect, two veterinarians and a couple of people on the board and draw out a building and what their needs are in terms of animal shelter for the cats and dogs in our City. Those of them that can will go forth to people and ask for pledges. Tickets can be obtained at Brown's Book Store. The Fire Department has also placed two phone numbers you can call on the marquee. Mayor Schmidt stated recently DOT has installed cameras at SR 442 and u.S. #1. He asked if we know the purpose of them and the reason they put them in there. City Manager Hooper stated typically they do that when they are going to have some of those advance signs, such as congestion ahead but that doesn't make any sense there. He agreed to find out. There was a ten-minute recess at this time due to the power going out. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Readinq, Ord. No. 2002-0-22, Mary D. Hansen, Esquire, aqent for owners Rick and Sheila Rosen, is requestinq annexation of approximately 23.5 acres of property located at 3149 W. Indian River Boulevard into the City of Edqewater Paralegal Matusick read Ord. 2002-0-22 into the record. City Manager Hooper made a staff presentation. Page -5- Council Regular Meeting January 6, 2003 ,., ..." Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2002-0-22, second by Councilwoman Lichter. The motion CARRIED 5-0. BOARD APPOINTMENTS There were no board appointments at this time. CONSENT AGENDA A. Edqewater Citizen Watch Association, Inc. - staff recommendinq adoption of Articles of incorporation and proposed By-Laws of the ~Association" Councilwoman Lichter moved to approve the Consent Agenda, second by Councilwoman Rhodes. The motion CARRIED 5-0. Mayor Schmidt commended the article that was in the newspaper the other day that described the C.A.P.'s and the process Officer Ball is working on with this to raise funds. He feels it is a great idea. It is nice to see the Florida Shores Watch included in this and he wished them good luck. OTHER BUSINESS A. Reclaimed Water Auqmentation Prolect Chanqe Order #1 - staff recommendinq authorization for the City Manaqer to execute Chanqe Order #1 for an amount of $14,151.26 to close out and accept the ~Prolect" with Wharton Smith, Inc. for a total contract amount of $2,106,151.26 City Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Lichter asked if every item of our original contract has been met and Mr. Wadsworth or staff has checked to make sure everything was what we required. Mr. Wadsworth assured her they have had the final walk through inspection with the engineers. with the Council's acceptance of the project tonight, tomorrow he will send a letter off to St. John's requesting payment of our $202,000 grant we have on the project for funding. Page -6- Council Regular Meeting January 6, 2003 .., ..., Mayor Schmidt stated included in this entire project were some new lines or redone lines across SR 442 as the road is built which hopefully will effect the southern part of Florida Shores where we have had pressure problems. Mr. Wadsworth explained there were some new lines installed but they are part of the SR 442 project. They were done as part of the utilities relocation and the widening of SR 442. They aren't directly related to this. They put in additional high service pumping and did some improvements at the plant as far as storage capacity and ability to deliver but the lines themselves under SR 442 are part of the SR 442 widening project. Mayor Schmidt also stated we aren't backing down from the enforcement of this. In order to make the whole system work, they have to have the enforcement for people that don't want to obey. Councilman Brown moved to accept the Reclaimed Water Augmentation Project Change Order #1, second by Councilwoman Lichter. The motion CARRIED 5-0. B. ParkTowne Industrial Center - staff recommendinq approval of the Zoninq Aqreement and Declaration of Covenants, Conditions and Restrictions of ParkTowne Industrial Center City Manager Hooper made a staff presentation. He then went over a map with regard to ParkTowne Industrial Center. He then went over the interest that has been expressed to purchase property. He pointed out some of these areas. The improvements are due to be completed and dedicated to the City by January 20th. They are now working on Phase II. Councilwoman Lichter asked if there are different types of industry going in different areas. City Manager Hooper elaborated. Councilman Brown asked if there is any plan to ever pave Flagler Avenue. City Manager Hooper explained Flagler Avenue is not City street or public right-of-way. That was vacated back in the 70's. Councilwoman Lichter pointed out that 10th Street and Park Avenue both going to Mission Road and Mission Road is going to be very important in widening, fixing, getting rid of the curves and bumps in the success of this project. Page -7- Council Regular Meeting January 6, 2003 'W' ""'If City it's now. Road Manager Hooper stated the County has added Park Avenue on five year road plan. It is due to be paved year three from He also spoke about the plan to widen 10th street. Mission is now going on the fifth year of the five-year road plan. Mayor Schmidt hopes the County considers a guardrail along the canal on Mission Road. Mayor Schmidt asked if there are any big concerns that the other owners have. City Manager Hooper commented on concerns that have been expressed. Councilwoman Lichter made a motion to recommend approval of the Zoning Agreement and Declaration of Covenants, Conditions and Restrictions of ParkTowne industrial Center to be brought back in final form, second by Councilwoman Rhodes. The motion CARRIED 5- o. OFFICER REPORTS City Clerk Wadsworth had nothing at this time Paralegal Matusick had nothing at this time. City Manager 1) Reschedule/cancel meetinq of Februarv 17, 2003 (Presidents' l&Yl It was the consensus of Council to have only one meeting in February. 2) Draft Purchase and Sale Aqreement for property in the ParkTowne Industrial Center City Manager Hooper commented on the draft purchase and sale agreement for property in the ParkTowne Industrial Center. People that are coming in are being requested to place a 10% earnest money deposit and there is a period of time for due diligence for their planning and permitting to go through and then a closing to occur. He will put it on the next agenda for the balance of the zoning. His idea would be to set a floor limit that we have a price and if somebody is interested in a purchase sale agreement, these wouldn't come back individually. The Council would authorize the Mayor to sign the purchase sale agreement subject to the price being what has been set as a base price. Page -8- Council Regular Meeting January 6, 2003 W'" ..""" City Manager Hooper stated this will be on the next agenda for those buying property but even beyond that for this upcoming calendar year they are going to request the Council authorize the Mayor to enter into the purchase sale agreement subject to those conditions and that there are minor changes associated with each one. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:15 p.m. Minutes submitted by: Lisa Bloomer Page -9- Council Regular Meeting January 6, 2003