Loading...
03-03-2003 - Regular ,.." ."., CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 3, 2003 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:10 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 MINUTES A. Regular Meeting of December 16, 2002 Councilwoman Lichter moved to approve the December 16, 2002 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. B. Regular Meeting of January 6, 2003 Councilman Brown moved to approve the January 6, 2003 minutes, second by Councilman Hammond. The motion CARRIED 5-0. C. Regular Meeting of February 3, 2003 Councilwoman Lichter moved to approve the February 3, 2003 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members '- ....., Mayor Schmidt congratulated Oscar Zeller for being appointed to the Economic Development Board. B. Nancy Christman, presenting two (2) st. Johns River Water Management District ceremonial grant checks Nancy Christman made a presentation regarding some background of the Water Management District. She presented two ceremonial grant checks to Mayor Schmidt from the st. Johns River Water Management District and congratulated the City staff for applying. The first check was for the Gabordy Canal baffle box in the amount of $28,500 and the second check was for a master stormwater plan for the City for $105,834.00. Councilwoman Lichter thanked Terry Wadsworth who played a big part in getting that grant. CITIZEN COMMENTS Ferd Heeb" 115 N. Riverside Drive, asked questions with regard to the previously held workshop. He asked what scientific evidence, what studies, what has been done to determine the impact of the proximity of a house to the river on the ecology of the river. He hasn't heard or seen anything. The County passed an ordinance that says 50 feet from the high water mark and 25 feet from the wetlands. He asked why the wetlands can't be a back yard. He asked how they get around it and if they can get around Volusia County's ordinance. He stated the answer is City Manager Hooper said these were Class II waters. He asked why there are Class II waters south of the Gabordy Canal. The biggest polluter of the Indian River is the Gabordy Canal. It drains a County residential area that is on septic tanks. The next one is the Indian River ditch. You are draining u.S. #1 with stormwater. The houses on the riverfront form a buffer to keep all of the stormwater coming off u.S. #1 running down the side streets from going in the river. He spoke about the pollutants coming off u.S. #1 or the boat ramps that go into the river. Before the Council gets hard nosed and environmentally sensitive, everybody that lives on the river is an environmentalist. They are all concerned about the health of that river and they don't want to see anything done to damage it. When people stand up and make broad marks without any scientific evidence that they are doing anything that is going to harm environmentally sensitive lands, he asks the question where is the evidence. Page -2- Council Regular Meeting March 3, 2003 ....., ...", Mr. Heeb feels before the Council says this will be locked down and carved in stone, they should review this and make sure there is some scientific evidence. Times are changing. Twenty years ago you could eat oysters out of his back yard. He asked the Council to do their homework before they do something as drastic as they were talking about tonight. George Ann Keller, 3039 Unity Tree Drive, stated they have just received word that the Florida state Attorney's office has approved their Edgewater Citizen Watch Association Inc. proposed by-laws which shall be a non-profit, non-political organization within the City of Edgewater supporting the Citizens Assisting Police Program, Neighborhood Watch Programs, Crime Prevention Programs as well as other programs supported by the City of Edgewater Police Department. Membership is open to all residents of the City of Edgewater. Recently three neighborhood watch signs were put up. She spoke about a program where the Boy Scouts will help paint people's house numbers on their driveways. She informed Council they would be holding a meeting on Thursday at the Florida Shores Clubhouse at 6:30 p.m. with Captain Stephen Cousins as the guest speaker who will speak on Fire Prevention. Pat Card, 3019 Willow Oak Drive, stated he has already complimented Police Chief Ignasiak on doing a good job with slowing things down on u.S. #1. CITY COUNCIL REPORTS Councilwoman Rhodes complimented Police Chief Ignasiak and City Manager Hooper and all of those who have worked hard to get to the point where they are really taking a hard line on the noise of the motorcycles. Councilwoman Lichter complimented the Chamber of Commerce for the map they put out. Councilwoman Lichter stated on February 22nd the Minorcans came to town from st. Augustine. She further presented a report of their meeting. Councilwoman Lichter stated on January 11th they received a letter from Oak Hill regarding increasing the wake zone at Marker 13. City Manager Hooper stated they are going to draft a resolution. They are working on this and it will probably be on the next agenda. Page -3- Council Regular Meeting March 3, 2003 -- ......, Councilwoman Lichter spoke of the letter received from DOT saying we can have a left hand turn signal on u.s. #1 and Park Avenue. Councilwoman Lichter spoke about a letter written by Bill Hill regarding children playing on the streets in Florida Shores. She suggested perhaps there is something Block Watch can do. She suggested something be placed in the newsletter or sent to the newspaper and put in Letter to the Editor. Councilwoman Lichter stated on Wednesday, March 12th the Savvy Seniors are going to be at the YMCA. Councilwoman Lichter stated next month Edgewater hosts the League of Cities Dinner. She asked if they should try to get together before next month to plan what they will do this year. Mayor Schmidt stated they are already contacting a few places to see if the rooms are available. He suggested they get together one half hour before their next meeting. Councilwoman Rhodes asked City Clerk Wadsworth if she has done anything yet. City Clerk Wadsworth stated she has got three calls in for catering and three calls in for a location, the YMCA, the new Fire Association Building or Edgewater Landing. Mayor Schmidt had nothing at this time. Councilman Brown commented on compliments he has received regarding the Police Department. Councilman Brown then spoke of the pancake breakfast he attended at the Fire Association building. Councilman Brown then spoke of being close to getting the grant to finish the park. City Manager Hooper stated it still goes to the County Council and we are ranked into the money. It's about $400,000. He thought it was on their agenda for this coming Thursday. Councilman Hammond had nothing at this time. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, adopting the proposed Interlocal School Planning Agreement between the City of Edgewater and the Volusia County School Board for public school facility planning in accordance with Florida State Law Page -4- Council Regular Meeting March 3, 2003 ~ ..."" city Manager Hooper made a staff presentation. Staff recommends approval. Mayor Schmidt opened the public hearing. Councilwoman Rhodes expressed concern with what took the State to so long. City Manager Hooper elaborated. Councilwoman Lichter asked if the Planning Board, with the new person coming on board, will have anything to do with determining class size. City Manager Hooper explained the new person coming on board will be a liaison. Councilwoman Lichter asked if the Middle School is still scheduled to be located at the horse farm. City Manager Hooper stated this is some time out. The high school is the first to be built. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to authorize the Mayor and City Manager to execute the Interlocal Agreement for Public School Facility Planning, second by Councilman Brown. The motion CARRIED 5-0. B. Res. No. 2003-R-01, Kelli Schwarz, owner, requesting abandonment/vacation of a utility easement in the rear yard of property located at 2134 S. Riverside Drive to allow the construction of a swimming pool Paralegal Matusick read Res. 2003-R-01 into the record. City Manager Hooper made a staff presentation. Mayor Schmidt asked whose utility easement it is. City Manager Hooper stated it is part of what is dedicated in a plat to the public. He asked Mr. Wadsworth if it is a power easement or to be vacated as a drainage easement. Director of Environmental Services Director Terry Wadsworth explained to the best of his knowledge, there were several configurations for the property adjacent to it. He thought that was just to be included with development if it happened for an unprescribed purpose such as drainage or other utilities for looping water lines or something. There are other means of accomplishing that right now so it is not really necessary at that location any longer. Page -5- Council Regular Meeting March 3, 2003 '-' ....., Councilwoman Lichter stated she understands that the utilities have no problem with this. She asked Mr. Lear to explain what the City is asking, which he did at this time. He further explained what happened when this was originally platted. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Hammond moved to approve Res. 2003-R-01, second by Councilwoman Lichter. The motion CARRIED 5-0. C. 1st Reading, Ord. No. 2003-0-01, Glenn Storch, authorized agent for Hacienda Development Corp., requesting annexation of approximately 18.27 acres of land located at 749 Bella Vista and authorization for the Mayor to execute the associated Annexation Agreement City Manager Hooper made a staff presentation. Staff recommends approval. Paralegal Matusick read Ord. 2003-0-01 into the record. Mayor Schmidt opened the public hearing. Glenn Storch, Law firm of Storch & Morris, explained City Manager Hooper is the reason they are doing this because he talked them into doing this. Mr. Storch spoke about the question regarding the flags that were allowed in the development agreement. They made a determination that the flags would not be considered signs and there would be various types of flags. Councilwoman Lichter asked about there being flags now. Mr. Storch informed her there probably are. The County had a question as to whether they might be considered signs. city Manager Hooper stated there is an annexation agreement making the flags acceptable to stay in front of Hacienda Del Rio. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2003-0-01 and authorized Mayor Schmidt to execute the associated Annexation Agreement, second by Councilman Brown. The motion CARRIED 5-0. Page -6- Council Regular Meeting March 3, 2003 'lw' ...., D. 1st Reading, Ord. No. 2003-0-02, George Scott, President of Edgewater Terrace Inc., requesting rezoning and approval of the associated Zoning Agreement for property located east of Coco Palm Drive, south of Pine Avenue and west of US 1, from R-4 (Multi-Family Residential) to RPUD (Residential Planned Unit Development) city Manager Hooper made a staff presentation. Planning & Zoning recommended approval. Paralegal Matusick read Ord. 2003-0-02 into the record. Councilwoman Lichter asked what could have gone there with it being zoned R-4. City Manager Hooper explained this is the parcel the City had looked at at one time to purchase for City Hall. Councilwoman Lichter asked what multi-family means in Edgewater. City Manager Hooper explained. Mayor Schmidt opened the public hearing. Pat Card, 3019 Willow Oak Drive, asked if the 75 feet by 115 feet with a 7 ~ foot side setback is now standard for the City. City Manager Hooper stated that is standard for the setback for the City in all residential of this category. Mr. Lear stated the side is generally 10 feet. Mr. Card spoke about not being able to get a truck of any sort into your back yard with only 7 ~ feet to the side. He then asked if the 7 ~ feet is from the overhang or the building itself. Mr. Lear informed him the building. Councilwoman Lichter spoke about not being able to put their boat there and if the developer is planning a lot where a recreational vehicle could be placed. City Manager Hooper stated this has the homeowner's association that will draft the declaration of covenants. More than likely they won't allow boats. Those will come back at the final plat for review. Councilwoman Rhodes questioned Edgewater Landing having ten feet. Councilwoman Lichter informed her no. City Manager Hooper stated our Code says ten. As a PUD you are entitled to ask for it. Robert Fuller, 408 Sea Hawk Court, expressed concern with the impact the entrance is going to make. He spoke of it being hazardous since Riverside Bank was put in as well as the existing strip mall. He further spoke of this being a dangerous intersection. He suggested the entrance been made off of Pine Avenue. Page -7- '-' ....." Council Regular Meeting March 3, 2003 City Manager Hooper further commented on what they will be doing with regard to creating a T-intersection, which will provide a better access road out to u.s. #1. There will be turn lanes required. Mr. Fuller described traffic problems at this intersection. City Manager Hooper stated Police Chief Ignasiak can take care of the problems being described by Mr. Fuller. Mr. Fuller asked if a traffic study has been done on this. City Manager Hooper stated a traffic study has been sent to the City Engineer for the project for review. Mr. Fuller asked about from Falcon around that corner to the development here isn't anything shown on the plot plan in this proposed ordinance. He asked who has the right-of-way for that road. He understands McCallister still owns that corner in there. City Manager Hooper stated Falcon is a public dedicated road. Ed Grant, Edgewater Terrace, commented on the two parcels of land they are dealing with and easements they have been granted. Mr. Fuller asked about an identity sign for the subdivision. Mr. Grant explained there will be no permanent sign on u.s. #1. Councilwoman Lichter feels because more residential has such an impact on water and other resources she is starting to worry that by having this special classification that they are putting houses closer together than Florida Shores was required to do. She feels like they are trying to get the most out of the land that they can. She is surprised Planning & Zoning didn't pick up on that. She feels they need to start realizing that they are impacting certain things by not watching growth management. There was a brief discussion regarding the size of the lots in Florida Shores. City Manager Hooper spoke about the PUD agreement defining more detail. He explained the setback isn't making the lots any smaller. It just means the house can be closer to the edge of the lot. Page -8- Council Regular Meeting March 3, 2003 ....., ....." Pat Card, 3019 Willow Oak Drive, stated last year the Council approved the 60 foot lots for this same developer did so only under duress. Councilwoman Rhodes mentioned that being done by a court order. Mr. Card stated what was said then was this developer would come in and ask for some more differences and that they would see how things go then. Councilwoman Rhodes stated San Remo came in and they did the same thing for them. She questioned these lots being varying in size. City Manager Hooper explained he came in and asked for 60 feet but preliminary discussions would not allow this. Mr. Howard came in and asked for some clustering to do smaller and larger lots. Mr. Card stated this same developer has managed to get this through three times. Councilwoman Rhodes stated he got it through once under a court order. They have not allowed under a 75 foot lot. Mr. Card stated the 75 foot or less has been done three times so it is becoming the standard. City Manager Hooper stated 75 has become the standard and what the direction has been. This size lot gives you three units to the acre, which is one unit below the threshold. Councilwoman Rhodes mentioned changing the threshold. Mr. Card stated not necessarily. All they have to do is say no. Councilwoman Rhodes stated why make that threshold if you aren't going to allow anybody to abide by it. Make a different threshold if that isn't what you want. As a City they have made the threshold and he is abiding by it. Robert Lundberg, 413 Sea Hawk Court, stated his back lot will adjoin the new development the City is looking at. He stated there is not going to be any wall or fence provided at this retention pond, which will extend the entire south line of the development. He further expressed concern with the retention pond not having a barrier or fence around it. City Manager Hooper stated there is no fence and generally what you do is don't fence retention ponds. They become very difficult to maintain and become an eyesore. You accommodate that by having gentler slopes. The only ones that the City requires a fence is the one with a 3-1 or 4-1 slope or greater. Councilwoman Lichter mentioned the retention pond in Meadow Lake Subdivision. She then spoke of the lakes in Florida Shores not being fenced. Page -9- "'-' ...., Council Regular Meeting March 3, 2003 Mayor Schmidt asked how deep the retention pond is supposed to be. Mr. Grant stated four or five feet deep at the bottom with a 4-1 slope. The actual pond will probably be 25 feet wide. Mr. Lundberg asked if this will be looked at during the course of construction. City Manager Hooper commented on what occurs next. Mr. Lundberg also expressed concern about Falcon Avenue and the traffic flow. Mayor Schmidt feels as this gets closer the speed limit after Winn Dixie changes back to 50 or 55. He feels there has to be a point when DOT will look at this. City Manager Hooper stated they will describe that it is urban and lower it at some point. Councilwoman Rhodes asked about U.S. #1 being widened. City Manager Hooper informed her he hasn't heard anything. There isn't anything in the long term plan. Councilwoman Rhodes feels U.S. #1 is a nightmare. Councilwoman Lichter feels the speed on U.S. #1 is their greatest problem. She feels they need to make a plan. Councilwoman Rhodes stated they have appointments tomorrow and they will discuss this. Ed Housworth, 417 Sea Hawk Court, asked why they changed the R-4. He asked if they are going to be single family homes. Councilwoman Rhodes stated if they change the zoning they will be single family homes. Mr. Housworth asked what it was before that. Councilwoman Rhodes informed him duplexes or apartments. Mr. Housworth stated he lives next to Mr. Lundberg and would like to see a wall to separate them from the retention pond. Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to approve Ord. 2003-0-02, second by Councilman Hammond. The motion CARRIED 5-0. BOARD APPOINTMENTS There were no board appointments at this time. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. Page -10- -... ""'" Council Regular Meeting March 3, 2003 OTHER BUSINESS A. Engineering Services Proposal - staff recommending approval of Work Order 2002-6 for engineering services related to the renewal of the City's Consumptive Use Permit and the design and permitting of two new water supply wells by Quentin L. Hampton Associates, Inc. at an estimated cost of $53,710.00, declaring the project impact fee eligible and authorize the City Manager to execute the Work Order City Manager Hooper made a staff presentation regarding Work Order 2002-6. Councilwoman Lichter moved to approve Work Order 2002-6, second by Councilman Brown. The motion CARRIED 5-0. B. Consulting Services - staff recommending approval to authorize the City Manager to execute Addendum #1 and Work Order #8 for Land Design Innovations (LDI) for preparation of the SR 442 Corridor Plan City Manager Hooper made a staff presentation. This will go all the way from 1-95 to Riverside Drive. Councilwoman Lichter spoke about the camouflaging the concrete poles on SR 442. City Manager Hooper agreed to look at this. They are going to look like poles no matter what they do. Councilwoman Rhodes asked if this is going to be that specific. City Manager Hooper commented on it being very specific. Councilwoman Rhodes asked why we can't copy Port Orange. City Manager Hooper stated you can copy some parts of it but it needs to be specific to the intersections, to setbacks to the poles or any other natural features that are there. The County is paying half because it goes through unincorporated areas. Councilman Brown asked about losing any of the parking down to Veterans Park because of the extension down to Riverside Drive. City Manager Hooper stated there is the parking lot at Veterans Park but you won't be able to park on the right-of-way. Councilwoman Rhodes stated it is against the law to park on the right-of-way. Councilwoman Lichter spoke of providing additional parking somehow. Mayor Schmidt feels this will come about later. Page -11- 'w. ....., Councilwoman Lichter spoke about the stated they are supposed to put up a Council Regular Meeting March 3, 2003 ditch. City Manager Hooper guardrail. Councilwoman Rhodes asked if the Beautification Committee will have some input in this study. City Manager Hooper stated the Recreational/Cultural Services Board will probably review it. This will be done by consultant. They can take to the Board for any comments. They are also going to have neighborhood meetings. Councilwoman Rhodes moved for approval, second by Councilman Hammond. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth stated the City received a request from the New Smyrna Beach High School Red Wave Band requesting money to help fund their Washington, D.C. parade trip. There is a total of $555 in the Promotional Activities line item. She recommended $150 or whatever Council wishes. Councilwoman Rhodes suggested they donate $200. Mayor Schmidt suggested $250. Councilman Brown and Councilwoman Lichter suggested $200. Councilwoman Rhodes asked what other things they would have coming. City Clerk Wadsworth informed her project graduation will be coming in. Councilwoman Lichter asked what they gave to project graduation last year. City Clerk Wadsworth wasn't sure but she thought it was $500. Councilman Hammond suggested $225 as a compromise. Councilwoman Rhodes moved to donate $225 to the New Smyrna Beach Red Wave Band for their trip to Washington, D.C., second by Councilwoman Lichter. The motion CARRIED 5-0. Paralegal Matusick had nothing at this time. City Manager Hooper spoke of a meeting he and Mr. Wadsworth attended at Terra Mar Village last week. He would like to schedule a workshop with the Council on March 17th at 6:00 p.m. Page -12- Council Regular Meeting .. ~ ..., March 3, 2003 There was a brief discussion regarding the interest expressed by the residents of Terra Mar Village with regard to the city taking over the water and sewer. 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 8:35 p.m. Minutes submitted by: Lisa Bloomer Page -13- Council Regular Meeting March 3, 2003