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03-17-2003 - Regular W' ...., .r CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 17, 2003 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:07 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 There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members There were no Board or Committee members to be recognized. B. Meet and Welcome Volusia County Councilwoman Patricia Northey Mayor Schmidt introduced and welcomed Volusia County Councilwoman Patricia Northey. Councilwoman Northey thanked the Mayor and Council saying it was a pleasure to be here and gave a brief Page - 1 - City Council Regular Meeting March 17, 2003 '-" ...." background of her time as a Councilwoman. She discussed the progress of S.R. 442 as well as the turnpike study. Councilwoman Northey explained turnpike extensions between the Seminole County area to Edgewater/New Smyrna along Interstate 95 is not going to happen. The funding is not available. She also stated the ECHO Grant will be before the County Council for approval on March 27th, 2003. Councilwoman Northey said she sees no reason the grant won't be accepted. She said she is pleased that Edgewater applied for the grant and the funding is going to be there. Also discussed was an update on trails being worked on. Currently in process is a trail covering the southern part of the County that will link with Brevard County. The trail starts in the Enterprise area and will run to Brevard following the May town route. Councilwoman Northey brought a copy of the County Council goals for Council to review. She explained an important goal this year is Smart Growth. The need for the County to grow smarter and continue to maintain a high quality of life. She said this along with economic development would be the main focus for the County this year. C. John Massey, Massey Enterprises, presenting plaque to Law Enforcement Officer of the Quarter, Kim Rash. Police Chief, Mike Ignasiak, announced Officer Kim Rash as the Officer of the Quarter for the Edgewater Police Department. Officer Rash and the sponsor for the Officer of the Month, John Massey of Massey Enterprises were asked to come forward. The Police Chief said Officer Rash is being recognized for outstanding efforts in solving numerous thefts to Riverside Drive residence. Using her knowledge from previous local crime problems, Officer Rash was quickly able to identify a primary subject. She was able to recover a large number of stolen items, such as boats, boat motors, marine equipment and personal property of several New Smyrna Beach and Edgewater residences. Officer Rash also sits on the local mentoring board for Indian River and Edgewater Elementary Schools and is a mentor herself. She was able to procure $1,500.00 in grants to support the mentoring program. For those actions she is being named Officer of the Quarter. John Massey thanked the Edgewater Police for their good work and rapid responses. D. Mayor proclaiming the week of May 18 through May 24, 2003 as "National Public Works Week." Page - 2 - City Council Regular Meeting March 17, 2003 '-" ...., Mayor Schmidt read the proclamation from the office of the Mayor. E. Bike Week Report by Captain Jill Danigel Captain Danigel reported on the experiences of Bike Week. She first gave the prospective of Code Enforcement as well as the Police Departments. From February 28th through March 9th the special activities permits issued for the ten days were to No Name Saloon, Earthquake Magoons and Edgewater Methodist Church for March 7~ and 8~' Captain Danigel explained there were only two complaints on the outdoor music and the owners of No Name Saloon complied with lowering the noise monitor readings. She said a good working relationship was had with the establishments and no problems were experienced. Captain Danigel explained manpower personnel costs. The hours of the Code Enforcement Officers were flexed to minimize the costs; ending with twenty hours of overtime and three hours of compensatory time for a total of $500.28. Captain Danigel said she was able to obtain statistics from Police Chief Mike Ignasiak for their activities during Bike Week. A total of 477 traffic citations were issued and eight arrests made. The Police Department had 84 hours of compensatory time for the motor patrol and 10 hours of overtime paid for by R&R Groves who had a special activity permit and No Name Saloon paid for twenty-six hours of overtime. Captain Danigel completed her report commenting, the overall experience went well, stating it was beneficial having Code Enforcement Officers covering the entire duration of the each special activity. Councilwoman Rhodes questioned the $500.28 spent for overtime for Code Enforcement being paid for by the taxpayers. She said that needs to be fixed. City Manager Hooper said the purpose of the report is to show the costs encountered. He stating there is income from traffic citations as well as other areas. He suggested examining the costs and possibly in the future the fees for special activity permits could be altered or an adjustment for the inspections for special activity permits requiring a larger number of visits. He said we are looking for a balance. The dispersment of revenue from citations was discussed. The City Page - 3 - City Council Regular Meeting March 17,2003 '-' .." Manager said a portion of the citation monies goes to the City. City Manager Hooper also commented on the communication between staff during the special events, saying it was the best working relationship he has encountered from Fire/Rescue and the Police Department working together. Councilwoman Lichter remarked this is the first year she did not receive phone calls of complaint during bike week. CITIZEN COMMENTS Jay Michael McKay, 1717 S. Riverside Drive, brought to the Council's attention an occurrence on Riverside Drive. He had contacted Terry Wadsworth, Director of Environmental Services regarding a drainage problem (flooding) that existed on Parkwood and Riverside Drives for several years. Without getting into specifics Mr. McKay said Mr. Wadsworth and his staff were able to correct the problem in a timely manner. Mr. McKay commended the staff of Public Works (Environmental Services) for doing an outstanding job. Mr. McKay also stated he had a problem that the Police Department was able to handle efficiently, indicating that the officer was definitely on top of his game. He said he has seen a positive change in the Police Department. Mr. McKay made reference to a workshop he attended on March 3rd pertaining to two story dwellings as well as other issues. He stressed concern over the negative comments regarding setback issues to various lots on Riverside Drive and commended the Planning and Zoning Board for listening to the people and checking for all compliances before building. He said he hopes the City Council will be careful and not impede the growth but rather encourage it. Mr. McKay also provided a letter to the City Clerk from a neighbor unable to attend the meeting. Pat Card, 3019 Willow Oak Drive, thanked the Council for hearing his views. He expressed apprehension over people being able to enjoy the views along Riverside Drive. He is worried that people will not be allowed to build along Riverside consistent with the standards of the neighborhood. He feels a change to the code eliminating the building of homes on the east side of Riverside Drive will be to the benefit of a very few, and a detriment to all of Edgewater because of its impact. Page - 4 - City Council Regular Meeting March 17, 2003 ..., ....., Mike Visconti, 316 Pine Breeze Drive, thanked the Council, the Mayor, City Manager and Chief Barlow for the phone calls and cards he received during his recent illness. He listed numerous projects that are in progress or have been completed in the City. He thinks Edgewater is doing a marvelous job drawing people to Edgewater. Mr. Visconti questioned whether there was an ordinance in place for ParkTowne Industrial Center that involves landscaping and beatification? Councilwoman Lichter explained an industrial association similar to a homeowners association is in place so as to maintain a quality park. Mr. Visconti also inquired whether the application forms for "The All American City" had been filled out. City Manager Hooper replied this wasn't being done this year as staff will pursue those grants that bring money back first. However, next year staff will probably look at "The All American City". Ferd Heeb, 115 N. Riverside Drive, made reference to a discussion he had after the March 3rd workshop when he pointed out issues relative to setbacks on riverfront property and the lack of ecological and environmental impact caused by the proximity of a structure to the water. Mr. Heeb addressed some of the economic issues limiting the development or redevelopment of Riverside Drive property. He gave an example of a potential businessman wanting to develop a 40,000 sq. ft. manufacturing plant in ParkTowne Industrial Center and also planning to build/rebuild a family home on Riverside Drive. Taxes resulting in this project would be approximately half of what he would be paying on his plant. Mr. Heeb stated the major asset in drawing businesses to this area is the life style. Many of the entrepreneurs we want moving to this area are going to want to live on Riverside Drive. He feels by limiting the development/redevelopment of these properties will be a detriment to the City. CITY COUNCIL REPORTS Councilwoman Lichter related her experiences while attending two Little League openings. She also talked about the Water Transition Group of which she is a City representative. She stated having City Manager Hooper on the finance committee and ideas from Terry Wadsworth, Director of Environmental Services that the east side west side doesn't have to be treated alike when the new entity is formed. She said by the year 2010 we are Page - 5 - City Council Regular Meeting March 17, 2003 ..... """'" going to have a shortage of potable water. She said the differences between the east side and west side is being overcome and everyone is working together. Councilwoman Lichter questioned Mr. Wadsworth regarding the acceptance of tree cuttings and similar debris at the Mango Tree facility. Mr. Wadsworth said the practice of accepting such things has stopped. There were various problems that resulted from disposing debris at the facility. Councilwoman Lichter said on behalf of the homeowners wishing to use the service, perhaps there could be an identification process created for the residents so the service could be resumed. Mr. Wadsworth said residents presently are able to bag or put piles at the roadside to be picked up by the City. Councilwoman Lichter said when the city increased the price for trash removal it was said there wouldn't be any changes in service and she considered the closing of the Mango Tree facility a down grading change. She said she would appreciate this being looked into. Mayor Schmidt said his recent trip to Tallahassee with the Vice- Mayor and the City Manager for Volusia Day was very eventful. He said he felt they had the best day they've had in three or four years. An issue covered at the meeting was health care and the speed limits on U.S. Highway 1. The City Manager said the City has received notification that D.O.T. has been contacted regarding the speed limits. The evacuation on Rt. 442 was discussed and the whole realm of how Rt. 442 affects the City. Also discussed were annexations and how to eliminate some of the "pockets" that a lot of the Cities have. Mayor Schmidt said they were able to meet with everybody they wanted to see. Councilman Brown had nothing at this time. Councilwoman Rhodes, wished to publicly thank City Clerk Susan Wadsworth for her efforts in making the appointments for Volusia Day, saying her help made the day more constructive. Councilman Hammond thanked the Police and Fire/Rescue Departments for their hard work during Bike Week. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. No. 2003-0-01, Glenn Storch, authorized agent for Hacienda Development Corp., requesting annexation of Page - 6 - City Council Regular Meeting March 17, 2003 '-' ....." approximately 18.27 acres of land located east of US 1 and west of Hacienda del Rio and authorization for the Mayor to execute the associated Annexation Agreement City Manager Hooper asked Paralegal, Robin Matusick to read the ordinance into the record. City Manager Hooper said this is the second reading to annex 18.27 acres of commercial property in front of Hacienda del Rio into the City. He said this is important to the City, in making the City contiguous with the marina (at Planning and Zoning level for annexation). City Manager Hooper recommended approval. There being no comments from the public Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to accept Ordinance No. 2003-0-01, seconded by Councilman Brown. The motion CARRIED 5-0. B. 2nd Reading, Ord. No. 2003-0-02, George Scott, President of Edgewater Terrace Inc., requesting rezoning of 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) and approval of the associated Zoning Agreement City Manager Hooper said the next item "C" is related to this ordinance. Both items "6-B" and "6-C" will be discussed. He then asked Paralegal, Robin Matusick to read the ordinance into the record. City Manager Hooper explained the first part is a zoning agreement. This is a standard zoning agreement for a RPUD (Residential Planned Unit Development) containing lot sizes of (75'x 115'). All the setback requirements are defined and the request is for 75 single-family lots or 2.99 units per acre, which is below the maximum for that land use district. The Planning and Zoning Board have recommended approval; the attorneys and staff have reviewed and approved Ordinance No. 2003-0-02. Councilwoman Lichter questioned the present zoning district of R- 4, Single-family residential that appeared in the Councils packets. City Manager Hooper explained that R-4 is a multi-family and/or duplex use that is being changed to RPUD, Single-family. To answer additional questions City Manager Hooper explained the benefits of changing the zoning to RPUD, which included the benefits of having a homeowners association that is required in a RPUD. Page - 7 - City Council Regular Meeting March 17, 2003 --. ...., Councilwoman Lichter also inquired whether a nursing home was still proposed in the same area. Chief Planner, Darren Lear replied there have been no applications at this time. Mayor Schmidt asked for comments from the public. Mr. Hal Armstrong of Azalea Drive expressed concern with the traffic passing on Coco Palm. He also asked if the subject property would have access from U.S. 1 or Coco Palm Dr. Coucilwoman Rhodes replied that Coco Palm and Falcon Drives would provide access. Mr. Armstrong also expressed his dissatisfaction with the drainage ditch and the amount of traffic that will be generated. Mr. Armstrong stated there is a need for a three way stop sign at Coco Palm and Azalea Drive. Councilwoman Rhodes asked Mr. Hooper if a three way stop sign was a possibility. City Manager Hooper replied it is a possibility, however, it is a different matter that may be looked into to determine traffic volumes and other relevant issues. He stated this would be addressed. Discussion ensued regarding traffic and the endangerment to children that could be encountered when building a subdivision. Councilwoman Lichter interjected that changing the zoning to single-family residential will reduce the traffic congestion. In addition Councilwoman Lichter agreed that traffic surveys were necessary. Councilwoman Rhodes asked Mr. Wadsworth if he was aware of drainage problems? Mr. Wadsworth responded that drainage problems were created by the Rt. 442 project involving the extension of water lines. There is also edge of the pavement failure on the east side of Coco Palm Dr. through from 20th Street to the Boulevard. The contractors are aware of the problems and they will be rectified. Mr. Wadsworth said when the 442 project is completed there will be no west turn off Coco Palm Drive onto Rt. 442, this should reduce some of the traffic. Robert Fuller of 408 Sea Hawk Court requested a reconsideration of the decision for Falcon Avenue as a main entrance to Mariners Gate. He asked if there had been traffic studies done. City Manager Hooper replied that the developers are preparing a traffic report. During the final engineering portion of the project these reports are taken into consideration as far as the design and the connection to Falcon Avenue. He also said the Police Chief is looking into vehicles turning, speeding, running stop signs etc. Mr. Hooper also explained for Mr. Fuller that Page - 8 - City Council Regular Meeting March 17, 2003 '-' ...., the traffic study is done in phases. He explained tonight's request is the first step in the process (rezoning and a preliminary plat approval). Then the final design plan will be submitted. During the final submittal the final traffic study will be incorporated into the final design plans. He said the numbers have been presented and it shows it works from a traffic point of view. Further discussion followed regarding the submittal process for rezoning and preliminary plat approval. Mr. Austin Moore, 813 Egret Court, stated he has no objection to the rezoning. However, he expressed concern over the traffic that will be generated from over 255 houses in Pelican Cove West as well as the traffic from the bank. Mr. Moore suggested the Council go to the corner of U.S.1 and Falcon Avenue to understand how poor the traffic conditions are. He also commented that the south side of the plot shows a retention area 958 feet long by 75 feet long and asked if there is a need for something so big. He suggested that the Council consider making this area a low cost park, as the variety of birds/animals is so plentiful. City Manager Hooper said this would not be possible because of the need for the retention pond. Councilwoman Lichter suggested that some research be done on the left turn lane from the bank onto Falcon Avenue. City Manager Hooper agreed to look into this traffic problem. Elizabeth Bower, 2139 South Riverside Drive, stated there should be a method of "birth control" for building additional homes. She also said the congestion in the Falcon Avenue area is already congested and the addition of 75 homes will make matters worse. Chairman Schmidt said being there are no additional comments closed the public hearing. Councilwoman Rhodes said she has several concerns regarding the request and said she needed more time to personally investigate the Falcon Avenue area. Councilwoman Rhodes moved to have the request tabled until the first meeting in May. There being no second the motion FAILED. Councilwoman Lichter moved to accept Ordinance No. 2003-0-02, seconded by Councilman Brown. The motion CARRIED 4-1 with Councilwoman Rhodes voting no. Page - 9 - City Council Regular Meeting March 17, 2003 liIW' ...., C. Public Hearing, George Scott, President of Edgewater Terrace, Inc. requesting preliminary plat approval for property located east of Coco Palm Drive, south of Pine Avenue and west of US 1 for a 75-1ot single-family residential subdivision to be known as Mariners Gate City Manager Hooper said the packet provided is a preliminary plat for 75 lots, (25.12 acres) indicating lot dimensions. He said the only modification is the Falcon Avenue connection will be converted into a "T" intersection. The plat has been reviewed and staff is in concurrence with the plat being acceptable. In conclusion he said staff recommends approval. Mayor Schmidt opened the public hearing. Mr. George Scott, representative of Edgewater Terrace, Inc. explained he knows the history of the subject property. He replied to a nursing home inquiry, saying one had been proposed for the property but to date the Planning & Zoning Department has no submittal for a nursing home. Doris Hill, of Lincoln Road stated she felt the property was not adequate for high density residential. She thought the property could be put to better use. The City Manager explained the exact location of the proposed development for Ms. Hill. He said the area fronting U.S.1 is being retained by the owner for commercial and the development is low density residential as shown by the lot size. Councilwoman Rhodes said her concern is the water system and road system overload along with other things that are overloaded within the City. She said she is in favor of economic development but at this point feels in may be at the expense of our resources. Additional discussion ensued regarding property rights. Mayor Schmidt closed the public hearing and asked Council for questions or comments. There being none he asked for a motion. Councilman Brown moved for the approval of preliminary plat for property located east of Coco Palm Drive, South of Pine Avenue and west of U.S.1, seconded by Councilman Hammond. Motion CARRIED 4-1 with Councilwoman Rhodes voting no. D. 1st Reading, Ord. No. 2003-0-03, amending the Land Page - 10 - City Council Regular Meeting March 17, 2003 -- ."""", Development Code in its entirety to be consistent with recommendations made by staff, the Planning and Zoning Board and Council City Manager Hooper asked Ms. Matusick to read the title of the Ordinance. The City Manager then made reference to the overhead saying it is much the same as the power point presentation that was reviewed at the work session. He said the only change is the deletion of the 16-foot height verses the 26-foot height. Also changed was footprint size to state, in a commercial area with a non- conforming use, if the property and structure were destroyed it could be re-built to the same footprint. Additionally added, to allow somebody to petition the Council for a variance to expand; the Council may also consider waiving the application fee. City Manager Hooper stated the appeals proposal seems to be the most considered. He said presently the only appeals procedure is from the Planning and Zoning Department for the granting authority from the Boards. To make clear any confusion in wording the following was added; any decision made by a City advisory Board may be appealed to the City Council by the City Manager, Mayor or City Attorney. He said the rest of the changes have been reviewed chapter by chapter as they were adopted. Mr. Hooper said there are no new height restrictions (26-feet is currently in place) or no additional setbacks. In each of those cases, if there is a request it would go through the normal appeal process by way of a variance that would go to the Planning and Zoning and appeals would go to the City Council. Mr. Hooper said the County has minimum setbacks or minimum charter approved criteria that apply throughout the County and Cities. He said they are waveable and are the same numbers as ours; 25-feet from wetlands, some state in certain zones 50-feet from the ordinary high. Mr. Hooper said Edgewater would comply with those standards because that would be property any where along the Indian River, south of the New Smyrna Beach/Edgewater City limits. He said he is meeting with the County staff that reviews and makes recommendations throughout the County. He will propose that Edgewater contract with the County environmental group to make recommendations so there will be environmentalist from the County as well as the applicant's environmentalist Page - 11 - City Council Regular Meeting March 17, 2003 '-" ..""" recommendations. Councilwoman Lichter questions whether there are different setback requirements where sewers are involved. The City Manager said the setbacks are the same, but those setbacks were probably established when properties were on septic systems. He said as central sewer has been introduced some setbacks have not changed. Councilwoman Lichter acknowledged (she thinks) the Council became aware for the first time that setbacks were written in County language by County rules and regulations. The City felt those rules should be implemented. She asked if the City Manager meant the City would ask the County to help make determinations to setbacks along waterfront property rather than adhere strongly to the present setbacks. This would allow more flexibility to various circumstances. City Manager Hooper said the County would determine the viability of a wetland. He said the remaining Riverside Drive vacant lots would be looked at individually to see if they are buildable. The City Manager offered to answer any other questions from the public. Jay Michael McKay, South Riverside Drive made reference to Section 21-06.01 of the Land Development Code saying he commended the Acting Community Development Director and the City Manager as they are listening to the publics concerns. However, he thinks writing changes into the code is problematic. He said it would render all the work done by the Planning and Zoning Board irrelevant if they could come in and have the power to veto all the work that Planning and Zoning does. Pat Card, 3019 Willow Oak Drive, stated, a big mistake would be made codifying the right of staff to come before the Council with questions reversing decisions of the duly constituted and sworn boards of the City. The Boards are formed to provide the citizens an opportunity to administer the codes of the City in a reasonable manner, consistent with the standards of the community. The purpose is to place the power to approve the variances from the codes of the City in a reasonable and fair manner. To keep the needs of the City citizens in the forefront of each issue for variance. If the City is concerned about the decisions made by members of the board then those members could be replaced in accordance with the requirements of the law for the replacement of members of those Boards. To be able to pick and choose which decision a board makes and then reverse only Page - 12 - City Council Regular Meeting March 17, 2003 ..., .""", those that are not politically correct in your staffs view is unacceptable. Mr. Card then gave some examples of changes that could occur. City Manager Hooper said over the past years the 25 feet and 50 feet has been adhered to. And maybe over the past five years some have changed. He said there would be several requests before them. There will be more environmental efforts for definition. Mr. Card asked if the remaining lots on Riverside Drive could be looked at individually. Mr. Hooper said yes. There are probably 11 to 13 buildable lots left on Riverside Drive and maybe half of those lots will not require some kind of variance. The other half will probably require a variance to setbacks of either the ordinary high water or setback to the wetlands. The City Manager then asked for additional questions regarding the Land Development Code. Anton Heeb, 616 N. Riverside Drive, asked the Council to delete the entire amendment. He said he believes the amendment is a negative statement to a positive idea that a citizen is granted the right of appeal by our City's code. Mr. Heeb explained there are more than 20 references to appeal the Land Development Code and only three basic reasons for making an appeal. He said he realizes the amendment does not take away a citizens right to appeal, but he feels very strongly that it does allow a City Manager to circumvent the proper and correct process of an appeal afforded the citizens of this City as is now provided by the code. Mr. Heeb explained that a City Manager having that kind of power written into the code is what he doesn't like. He feels this way because the answer can be found under the current section of appeals that states; appeals of the P&Z variance decisions shall be made to the City Council in a manner and form required by the City Council. The manner and form required by the City Council is for an aggrieved party to submit a written application submitted to the City Clerk with a fee of $150.00. He said the amendment is not fair representation for the Citizens as it allows the City Manager to decide which decisions he/she likes he/she dislikes. Mr. Heeb feels we must be very careful as to the content of any changes to our code, which he considers disenfranchises our citizens. Ferd Heeb, 115 N. Riverside Drive, said he is concerned with Page - 13 - City Council Regular Meeting March 17, 2003 ~ ..., putting something like this in black and white the next council reading the Land Development Code they may think this is a mandate for the City Manager to review what each board is doing. A new City Manager may also see it as a mandate. Mr. Heeb said what is happening is your telling the boards either do what staff recommends or we will make the decision. He thinks that is wrong. Mr. Heeb doesn't think this should be hanging over the heads of the duly appointed citizens boards. The boards have been asked to make decisions relative to community standards. There being no further comments from the public, Mayor Schmidt closed the public hearing and called for a motion. Councilwoman Lichter commented to Mr. Cards comment about the Code Enforcement Board. She said the Code Enforcement Board is not an advisory board to the Council. She said the Boards decision is a legal decision. Ms. Lichter said the Planning and Zoning Board is an advisory board. The only final decision that the Planning and Zoning Board may grant is for variances. Discussion ensued regarding the City Managers duty in presenting issues to the Council when he feels there is an inconsistency with the code or with the policies of the City. Both Councilman Hammond and Brown felt the added wording (the City Manager) should be omitted. Councilwoman Rhodes said stopping after "the interested partyU does nothing to change that, it stills allows the City Manager and staff to have Councils' "earU. Councilwoman Lichter stated she thinks it should be rewritten. Mayor Schmidt said he thinks what he is hearing is you can in essence do the same thing without the additional wording. Mayor Schmidt again asked for a motion. Councilwoman Rhodes made a motion to approve Ordinance No. 2003- 0-03 to the exclusion of all the words after "interested partyU in section 21-06.01 and to include the second option with 21- 71.01fb and 21-71.02el, second by Councilwoman Lichter. Motion CARRIED 5-0. Mayor Schmidt agreed to schedule the second reading for Ordinance No. 2003-0-03 for the first meeting in May. E. Res. No. 2003-R-03, Joint Participation Agreement between the State of Florida Department of Transportation and the City of Page - 14 - City Council Regular Meeting March 17, 2003 ,.,. ...." Edgewater for Landscaping Improvements along SR 442 from 1-95 to US 1 (2 agreements at $50,000 each) City Manager Hooper affirmed SR 442 originally was divided into two separate construction contracts. The agreement was when the two were combined we were entitled to $50,000.00 for landscaping for each contract. The interlocal joint participation agreement between the City and Department of Transportation. The sum is over $100,000.00 to be spent along SSR 442 right-of-way for beautification. He concluded stating staff recommends approval. City Manager Hooper had Ms. Matusick read the Resolution into the record. The Mayor inquired whether any of the monies had already been spent i.e. on the waterlines/irrigation lines that have been installed. Director of Leisure Services, Jack Corder said this is strictly for the purchase of plants, trees, shrubs, etc., not for the use of installation or irrigation. None has been spent. There being no comments from the public Mayor Schmidt closed the public hearing. Councilman Hammond moved to approve Resolution No. 2003-R-03, second by Ms. Lichter. The motion CARRIED 5-0. BOARD APPOINTMENTS A. Planning and Zoning Board (2) - With the Board's recommendations, Councilman Brown to consider reappointing Ed Vopelak and Councilman Hammond to consider reappointing Bob Garthwaite for additional 3-year terms Councilman Brown moved to reappoint Ed Vopelak for the Planning and Zoning Board, second by Councilwoman Rhodes. Motion CARRIED 5-0. Councilman Hammond moved to reappoint Bob Garthwaite for additional three years to the Planning and Zoning Board, second by Councilwoman Rhodes. Motion CARRIED 5-0. CONSENT AGENDA A. Annual Authorization - Mayor or City Manager's authorization for East Volusia Mosquito Control District to make low level Page - 15 - City Council Regular Meeting March 17, 2003 '-' ..." aerial inspection and spray flights B. Law Enforcement Trust Funds - staff requesting approval to use Trust Funds in the amount of $4,300.00 to purchase six (6) Tasers and their associated equipment C. Law Enforcement Trust Funds - staff requesting approval to use Trust Funds in the amount of $500.00 to defray costs associated with criminal investigative activities of CID Councilman Brown moved to accept the consent agenda, second by Councilwoman Lichter. Motion CARRIED 5-0. OTHER BUSINESS A. Adopt-A-Median Program - staff recommending approval for an Adopt-A-Median program and instruct staff to implement and set up a Reserve Fund for the program City Manager Hooper stated the packet provided to Council shows an outline with ranges between $1,000.00 and $3,000.00. $1,000.00 is for a half of a small median and $3,000.00 is for a whole large median. Business owners will be approached and if they want to adopt there is an advertising recognition that is included. The adoption provides for the maintenance and cleanup of the median. Director of Leisure Services, Jack Corder said there is an existing map showing eight medians for adoption. Councilwoman Lichter moved to accept the concept of the adoption of the median, second by Councilman Brown. Motion CARRIED 5-0. B. ParkTowne Industrial Center Phase I Change Order #3 - staff requesting approval of Change Order #3 in the amount of $228,478.77 and project closeout for Phase I (total final contract price - $3,547,493.31) City Manager Hooper made a staff presentation. He said this is the final change order and with this closes out the project and accepting ownership. Upon approval this will all be transferred to the City (roads, water, sewer, lift station, drainage). Councilwoman Rhodes moved to approve Change Order #3 and accept Page - 16 - City Council Regular Meeting March 17, 2003 '-" ......". the project, second by Councilwoman Lichter. Motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth had nothing to report at this time. Paralegal Matusick informed the Council of a public hearing next Wednesday night for the Animal Control Board starting at 7:00 PM. City Manager Hooper reported the appraisal from Regions Bank is back is at $2,000,000.00 which is higher than anticipated. Mr. Hooper said they thought the amount would be half of the appraisal amount. He said the surrounding property to the bank has been sold making the site with the bank and the existing parking all that is available. Mr. Hooper said he would continue to talk with the bank and see what price he can bring back to the Council. Also mentioned was the possibility of a lease. CITIZEN COMMENTS/CORRESPONDENCE None at this time. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 10:07 p.m. Minutes submitted by: Sondra M. pengov Page - 17 - City Council Regular Meeting March 17, 2003