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04-07-2003 - Regular Cont'd 04-14-2003 " .. .., ....., A " CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 7, 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 Excused Excused Excused Present Present Present Mayor Schmidt stated at this point they they can not continue with the meeting. they are going to continue this meeting p.m. do not have a quorum, so He informed the public on April 14th at 7: 00 CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 14, 2003 CONTINUED FROM APRIL 7, 2003 (NO QUORUM) 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 Present Present Present Excused ,.... ...." Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Paralegal Robin Matusick Excused Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTE S A. Reoular Meetino of March 3, 2003 Councilman Hammond moved to approve the March 3, 2003 minutes, second by Councilman Brown. The motion CARRIED 3-0. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recoonition of appointed/reappointed Board/Committee members Mayor Schmidt thanked Ed Vopelak and Bob Garthwaite for their continued support on our boards. B. Proclamation presented to Richard Kelly for seven years of service with the Department of Children and Families Mayor Schmidt read a proclamation recognizing Richard Kelly for seven years of service with the Department of Children and Families. C. Mayor proclaimino the month of April as ~Water Conservation Month" and uroino citizens and businesses to help protect our water resources by practicino water savino measures Mayor Schmidt read a proclamation with regard to proclaiming the month of April as Water Conservation Month. Mayor Schmidt reminded the citizens with the way this year went with all the rain and all of a sudden we aren't getting any, it is kind of reminance of the years of the fires in years past. He encouraged everyone to be careful. Page -2- Council Regular Meeting April 14, 2003 "- ....., CITIZEN COMMENTS Mike Visconti, 316 Pine Breeze Drive, read a prepared statement with regard to what is happening with City Hall. He spoke of negative remarks he read in the News Journal. He then presented what he feels is positive about the Regions Bank location. He feels the people should decide what to do about City Hall. City Manager Hooper presented an update of where we stand on that. This will come back to Council within gO-days. Dominic Capria, 606 Topside Circle, spoke about a problem with the lights at the Shuffle Board Courts. He asked for someone to look into repairing them. Leisure Services Director Jack Corder stated he already received a call on it. Dick Jones, 1530 Sabal Palm Drive, endorsed Mr. Visconti's remarks 100%. He spoke of discussion in the papers regarding the parking at Regions Bank and questioned if the parking capabilities have been addressed for what would be needed for City Hall. City Manager Hooper stated that is what the engineers will be looking to do. This will come back to Council. CITY COUNCIL REPORTS A. Mavor - Volusia County proposed 1st response Councilman Hammond stated he has a few phone calls regarding the debris pickup in Florida Shores. City Manager Hooper stated he and Environmental Services Director Terry Wadsworth would look into it. Councilman Hammond stated his has been there for about three weeks. Councilman Brown stated he attended a couple of different Committee and Board meetings. He thanked all the people that volunteer their time. He was very impressed with the Animal Control Board. Councilman Brown spoke of complaints he has received regarding dangerous driving on SR 442 at night because the streets have not been marked. He hopes they make sure when they do the work on the other side of the street and there are weird angles you have to maneuver through that they make sure the people are easily directed through the streets. Page -3- Council Regular Meeting April 14, 2003 ~ ...", Mayor Schmidt asked if it is on schedule for August or September. City Manager Hooper informed him yes, that is the 99% completion. With the last schedule he saw, they are looking at August. A. Mavor - Volusia County proposed 1st response Mayor Schmidt asked for permission to send a letter to the Volusia Council of Governments regarding the City Officials not being involved in the proposed Volusia County EMS Ordinance and comments made by Edgewater's City officials. He spoke of some of the concerns Edgewater and other cities have. He asked for permission to send the letter so this can be discussed at the next Volusia Council of Governments meeting on April 28th. Councilman Brown made a motion to send the letter to VCOG, second by Councilman Hammond. The motion CARRIED 3-0. Councilman Brown asked to make the letter available to the citizens. Mayor Schmidt spoke about the Ocean Center looking to expand by adding one cent to the local bed tax. They are hoping it will raise $30+ million. They also want to refinance the bonds at a lower rate to generate another $18 to $22 million. He spoke of what the expansion entails. There has been some talk of doing away with the concerts and entertainment type things and make it a true convention center. He commented on some concerns that have been expressed from other cities. He further spoke of expanding the possibility of getting a center of some sort down here or on the west side of the County. They are trying to gather letters from other cities as well as other Chambers of Commerce. City Manager Hooper is gathering as much information as he can and they hope to have a lot of different paperwork as well as other cities comments by the next meeting. City Manager Hooper stated it is on the County's agenda on April 24th. Councilman Brown stated they are already showing that they aren't being successful with the closing of Adventure Landing and the parking garage going bankrupt. Mayor Schmidt spoke about things getting better since the County has taken the parking garage back over. Mayor Schmidt spoke about the $30+ million that will be collected over the next 30 years and what else the money could be used for. Page -4- Council Regular Meeting April 14, 2003 '-" .." PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearinq, Community Development Block Grant (CDBG) Annual Plan worksheet for FY 2003/04 and update of the Five-Year CDBG Budqet Prolection for FY 2003-2007 City Manager Hooper made a staff presentation. The recommendation is for this money to become part of the ParkTowne Industrial Center for infrastructure improvements over the next five years. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Hammond moved for approval, second by Councilman Brown. The motion CARRIED 3-0. B. Res. No. 2003-R-02, requestinq that Florida Fish and Wildlife Conservation Commission extend the Slow Speed/No Wake Zone located in the Mosquito Laqoon southward approximately 8/10th of a mile from Channel Market 9 to Channel Market 13A of the Indian River City Manager Hooper informed Council the Florida Fish and Wildlife Conservation Commission have acted on this and have declined to change the speed of the No Wake Zone. If Council would like they could skip this and bring it back if it becomes appropriate or they could adopt it and send it after the fact. It was the consensus of Council to put this item on hold. C. Public Hearinq, Ord. No. 2003-0-04, Remedial Comprehensive Plan Amendment per the Stipulated Settlement Aqreement between the City of Edqewater and the Florida Department of Community Affairs concerninq the 2001 malor Comprehensive Plan Amendment City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. No. 2003-0-04 into the record. City Manager Hooper referred to Exhibit B. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2003-0-04, second by Councilman Hammond. The motion CARRIED 3-0. Page -5- Council Regular Meeting April 14, 2003 'w' ...." D. 1st Readino, Ord. No. 2003-0-05, Glenn Storch, authorized aoent for Hacienda Development Corp., reouestino an amendment to the Official Future Land Use Map to include approximately 18.27 acres of land located east of us 1 and west of Hacienda del Rio as City Commercial with Conservation Overlay. Property is currently classified as Volusia County Urban Medium Density and Commercial City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. No. 2003-0-05 into the record. Mayor Schmidt opened the public hearing. Victor Harper, 160 EI Padre, asked for an explanation of Conservation Overlay. City Manager Hooper elaborated. Mr. Harper stated he spoke at the Planning and Zoning Board meeting and although the parcel that is in question north of the south gate of Hacienda was always on the map as commercial, which he is not opposing, but south of the gate, which will probably be their new entrance if the commercial goes in, he would like to see it restricted to business, non-retail. Mr. Harper spoke of a six foot wall divided retail and residents. He doesn't believe six feet is high enough. He feels it should be eight to ten feet high. Mr. Harper stated there are three accesses on the map and he presented the Council with the respectus map which has three entrances to the retail from the park in addition to the main entrance and the South Gate. He would like these read in as electronically controlled so their gated community remains secure. Mayor Schmidt stated a lot of these items are things that are going to come up. He referred to the situation with the Car Wash where the owner agreed to build a taller wall. City Manager Hooper explained these will come back as either a PUD for some type of zoning with the site plan with it or if it stays as the B-3, which it is proposed in coming through the system, then the Council will see a separate stand alone site plan. There will be public meetings held. Page -6- Council Regular Meeting April 14, 2003 '-" ..",., Mr. Harper spoke about 50% of the people of Hacienda leaving for the summer. Mayor Schmidt suggested anyone that is not on the mailing list to contact City Clerk Wadsworth, including the people that go up north. Bud McCullen, Vice President for the Board of Hacienda, spoke about the wall. He doesn't want to see a ten foot wall at Hacienda. He would like to see a six foot wall. He will take this back to the Board at the next meeting they have. City Manager Hooper spoke of mixed feelings he has received with regard to the wall and the entrance gates. This will come back to Council. Carl Herbert, resident, Hacienda, spoke about a wall being put up when someone develops property. They want a wall there and want it in place. They don't want a piece of a wall and then vacant property. He spoke about the people that live in Hacienda feeling safe. They are afraid this will be cleaned off and it will be wide open. He spoke of there being over 700 homes in Hacienda. He suggested this wall be put in all at one time and not done in pieces. Mayor Schmidt stated this piece of property isn't divided right now. City Manager Hooper stated it is not divided right now. Single ownership and that is why it came in annexed. When it comes in as a development, envision it coming as one. They are looking to develop all of that as commercial. He feels it will come in as one piece. Mayor Schmidt questioned the wall. He further spoke of the property being divided. He suggested this be part of the buffer system and suggested requiring that be done at one time. City Manager Hooper stated if it is divided, it would divide up the entrance roads so you could do all of north and all of south but you would see a logic pattern to it. Councilman Hammond asked if this is just for the wetland overlay. City Manager Hooper stated it is to bring it in from the County as Medium Density to the City's Commercial with Conservation Overlay where applicable. Councilman Hammond moved to approve Ord. 2003-0-05, second by Councilman Brown. The motion CARRIED 3-0. Page -7- Council Regular Meeting April 14, 2003 ...... ....." E. 1st Readinq, Ord. No. 2003-0-06, amendinq the Comprehensive Plan Ord. No. 90-0-18 by amendinq the Official Future Land Use Map to include certain properties within the Washinqton Park subdivision located south of 35th street in Florida Shores as Low Density Residential with Conservation Overlay City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. 2003-0-06 into the record. Mayor Schmidt opened the public hearing, Andy Hunt, owner of far right 10.65 acres off of 35th Street running south, stated he was under the impression that this meeting was for zoning it. City Manager Hooper explained it is the first step of zoning it. He further commented on the City the process follows. Mayor Schmidt closed the public hearing. Councilman Brown moved to approve Ord. 2003-0-06, second by Councilman Hammond. The motion CARRIED 3-0. F. 1st Readinq, Ord. No. 2003-0-07, Mary Hansen, Esquire, aqent for Seashore Marina LLC, requestinq annexation of property located at 4115 South US 1 into the City of Edqewater City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. 2003-0-07 into the record. Mayor Schmidt commented on why he feels this is a win-win situation for Edgewater and the surrounding areas. He questioned when the second reading would occur. city Manager Hooper stated there has been a request to extend for a time certain on the closing. The County has agreed to that. They have authorized the annexation first reading without a closing to occur. He feels this shows the County's support. Mary Hansen, Suite lA, 100 Cesta Blvd, Port Orange, questioned when they would come back for second reading. They have an extension from the county that allows them to close up to May 30th but they just assume close earlier if they can. Page -8- Council Regular Meeting April 14, 2003 '-" ....., city Manager Hooper feels they can accommodate any schedule he thinks that matches what they have coming up. Attorney Hansen stated they would prefer the May 5th meeting. Mayor Schmidt opened the public hearing. John McVee, 430 La Coquina, stated along the border between Hacienda and this proposed marina, which he doesn't know very many people who have any opposition to it, with the exception of the security. There was a petition signed by 66% of the residents requesting the developer install a ten foot barrier between Hacienda and the new marina. He asked that this be put as a condition when the property is rezoned or when the plan comes up for development approval. He gave Council a copy of the resolution that was approved by the residents. He asked Council to consider the privacy of the secure facility they currently have. Councilman Brown asked if there is going to be a buffer of trees to keep this natural or will they require a fence. City Manager Hooper commented on what occurs when they come in with their zoning and their site plan. He commented on discussions that have occurred. Larry Rasmussen, Hacienda resident, stated the people of Hacienda don't feel that is the best location for a marina. He further spoke of the river and the No Wake Zone. He also spoke of this being a Manatee Zone. The people at Hacienda are really not happy about this but they understand. He thinks they want to keep Hacienda the way it was as best they can while they accept all these changes. Carl Herbert, 368 Las Indos, Hacienda, stated they have residents within between 18 and 25 foot of this boundary that have bedrooms. A marina is great but he expressed concern with a tractor picking up boats early in the morning. They want the front closed but what good is having the front closed if you have a 24-hour per day business going on beside them. Bud McCullen, spoke of a meeting they had with Mr. Krug, who is the owner of the property, who was going to put in an up to 75- foot buffer. His main concern is on the south side they want no access to the marina. He is all for the marina but wants to see people have to go out of the gate and over to the marina instead of being able to walk over. Page -9- Council Regular Meeting April 14, 2003 'W' ...., Victor Harper, 160 EI Padre, stated he takes exception to Mr. McCullen's comment. He was the author of the petition sent to the Council. 66% of the residents said they wanted a wall. He leans towards having the wall. Mayor Schmidt closed the public hearing. Attorney Hansen elaborated on the comments that have been made. It makes her feel good to come back with something she feels is a win-win situation. They are extremely aware of the concerns of Hacienda. She can't commit right now but it is definitely something they will be looking at. They will do a good protective effort along the north boundary of the marina site. Councilman Brown asked if Boston Whaler is for this or against this. Attorney Hansen stated they are for it and have supported it throughout. Their only concern was that no residential go in on that site. Councilman Hammond moved to approve Ord. 2003-0-07, second by Councilman Brown. The motion CARRIED 3-0. BOARD APPOINTMENTS There were no board appointments at this time. CONSENT AGENDA A. Police Department - Chief Iqnasiak requestinq approval to expand the Traffic Enforcement Section to become a full squad specifically tasked with addressinq local traffic issues City Manager Hooper made a staff presentation. Councilman Brown moved to approve the Consent Agenda, second by Councilman Hammond. The motion CARRIED 3-0. There was a ten-minute recess at this time. OTHER BUSINESS A. Enqineerinq Services Work Order #2002-05 - staff recommendinq approval of proposed enqineerinq services related to ParkTowne Industrial Center site development in Phase II as submitted bv Gierok Enqineerinq, Inc. for $36,250, and authorize the City Manaqer to execute the Work Order Page -10- Council Regular Meeting April 14, 2003 '-'" ..""". city Manager Hooper made a staff presentation. Staff recommends approval. There was a brief discussion regarding whether the roads will be connected or not. Mayor Schmidt stated he signed the first closing papers on one of the pieces of property. Councilman Brown moved for approval, second by Councilman Hammond. The motion CARRIED 3-0. B. Enqineerinq Services Work Order #2002-06 - staff recommendinq approval of proposed planninq, architectural and enqineerinq services with site plan review for a feasibility evaluation of the Reqions Bank buildinq as submitted by Gierok Enqineerinq, Inc. for $32,300 and authorize the City Manaqer to execute the Work Order City Manager Hooper made a staff presentation. Staff recommends approval. Mayor Schmidt asked if they are going to have blueprints. City Manager Hooper informed him they will have a set of plans that will enable them to see clearly what is going to occur with that. Councilman Hammond moved for approval, second by Councilman Brown. The motion CARRIED 3-0. Councilman Brown asked if they are going to include the possibility of expanding the building when they do this. He spoke of taking out the drive thru's. City Manager Hooper informed him those are a component of the Finance Department. He also mentioned a third floor can't be built on the existing building. He feels 15,000 square feet, which is what the Regions Bank building is, carries this City, our staff and our rate of growth of staff for a twenty-year time period. He spoke of the Police Department and Fire Department sharing administrative offices at a new station, probably south around Hacienda del Rio. C. Equipment purchase - staff recommendinq approval to purchase John Deere utility Tractor, which is vital in maintaininq the functional operation of the City's Storwmater System, throuqh the State Bid with options at a cost of $31,117.88 from South Daytona Tractor and Mower Inc. Page -11- Council Regular Meeting April 14, 2003 ~ ~ City Manager Hooper made a staff presentation. Staff recommends approval. Councilman Brown moved for approval, second by Councilman Hammond. The motion CARRIED 3-0. D. Equipment Purchase - staff recommendinq approval to purchase equipment for a total of $88,440.06, includinq the sole source of an AeBI 88 inch front flail mower and rear flail deck attachment from Menzi USA Sales, Inc.; authorize transfer of funds from monies set aside for ParkTowne Industrial Center development for the purchase and adiust Declaration of Covenants, Conditions and Restrictions to allow for reimbursement; and authorize staff to hire one (1) additional Parks Maintenance Worker to perform duties related to the site and neqotiate an aqreement with FIND to pay for the maintenance City Manager Hooper made a staff presentation. Staff recommends approval. Mayor Schmidt asked City Manager Hooper to explain how this mower is different than any mower we have and why they need this one for that type of job. City Manager Hooper stated it can cut on slopes. Councilman Hammond moved for approval, second by Councilman Brown. The motion CARRIED 3-0. E. Sludqe Haulinq - staff recommendinq approval to piqqvback the Clay County Utility Authorize aqreement for sludqe haulinq with H & H Liquid Sludqe Disposal, Inc. at a cost of $33.12 per thousand qallons and authorize the Mayor to execute the Aqreement City Manager Hooper made a staff presentation. Staff recommends approval. Mayor Schmidt asked where they haul the sludge to. Mr. Wadsworth informed him Putnam and St. John's County. Councilman Brown moved for approval, second by Councilman Hammond. The motion CARRIED 3-0. Page -12- Council Regular Meeting April 14, 2003 ,.... ..., F. Riverwalk Footbridoe - staff recommendino approval of notice to award contract to Antinori Group, Inc. for a total sum of $102,855 for enoineerino and construction costs for the Riverwalk footbridoe and authorize the Mayor/City Manaqer to execute the contract. The City of New Smyrna Beach aoreed to pay $33,687.50, half the cost of the pedestrian bridqe City Manager Hooper made a staff presentation. Staff recommends approval. He spoke of minor changes made to the bid. Mayor Schmidt spoke of the article in the newspaper regarding the extra cost because of the way the Gabordy canal flows. City Manager Hooper elaborated. Councilman Hammond moved for approval, second by Councilman Brown. The motion CARRIED 3-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Paralegal Matusick had nothing at this time. City Manager Hooper 1) Discuss/approve ParkTowne Industrial Center entrance sion City Manager Hooper reminded the council they have tentatively set a Workshop at 6 p.m. on May 5th to talk about the Special Master. City Manager Hooper made a staff presentation regarding the ParkTowne Industrial Center entrance sign. He spoke of receiving a proposal from a tenant. Staff recommends they offset his cost to build the sign with the property value. The cost of the sign will be deducted from his price on closing on the property. Mayor Schmidt stated he wanted to make sure the price of the sign isn't exorbitant. City Manager Hooper spoke of other quotes they have received. They do have a good price. He feels this is a nice sign. They are trying to have the sign up by June 6th for the groundbreaking. The intent is to try and have a groundbreaking by June 6th. It was the consensus of Council to proceed with the sign. Page -13- Council Regular Meeting April 14, 2003 '-' ...." CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 Pine Breeze Drive, asked if the Council had any idea how much money they spent tonight. Mr. Visconti informed them $324,649. He asked why they are spending so much money to look over the bank building. City Manager Hooper stated they need an engineer to come in and determine the structural condition. Mr. Visconti asked if the City's Building Official can do that. City Manager Hooper stated he reviews plans that are submitted to him. He is not licensed to prepare plans. ADJOURNMENT There being no further business to discuss, Councilman Brown moved to adjourn. The meeting adjourned at 8:40 p.m. Minutes submitted by: Lisa Bloomer Page -14- Council Regular Meeting April 14, 2003