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05-05-2003 - Regular ~ """" 01 CITY COUNCIL OF EDGEWATER REGULAR MEE TING MAY 5, 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 MINUTES Reqular Meetinq of March 17, 2003 Councilwoman Lichter moved to approve the March 17, 2003 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/Committee members to be recognized. Mayor Schmidt stated the MPO has a Bike & Pedestrian Task Force that was formed a couple of years ago where each city has a community representative, a citizen of the community, that helps predict bike flows and where bike paths are needed. He had a lady appointed to it who could no longer do it. Bob McGovern is willing to step in. He thanked Mr. McGovern for volunteering. '-" "WI' B. Chris Fisher, Commander for local American Leqion #285, presentinq a donation check for the Citizens Crime Watch Association Chris Fisher could not be present. Ken Terry presented a $200 donation check to the Citizens Crime Watch. C. Mavor Schmidt proclaiminq Mav 18-24, 2003, as "Emerqencv Medical Services Week" Mayor Schmidt read the proclamation regarding Emergency Medical Services Week. Mayor Schmidt asked Fire Chief Barlow for a brief history of where the tiny box on the wall came from. Chief Barlow stated that is one of their semi-automatic external defibrillators that was purchased off a grant that was coordinated between the City and the County along with many other municipalities. That is one of several throughout the City. CITIZEN COMMENTS Pat Card, 3019 Willow Oak Drive, asked how the billing was going for the additional $40 pick up fees for yard waste. He has noticed the predictability of people dumping more and more on vacant lots has increased dramatically. City Manager Hooper stated usually it has been compliance by coming out and looking at the pile and the pile gets relocated with a next time if it gets that size there will be a fee. He thinks for the most part they have invoked that fee maybe a dozen times. Mr. Card asked how they are billing that to non-resident property owners who have vacant lots. City Manager Hooper stated what they have in front have been residential lots. If a pile exceeds the 4 X 4 X 4, a tag is put with the pile which identifies who pays for it. They come into City Hall and pay and it is taken away. Mr. Card stated when somebody in the neighborhood dumps stuff on an empty lot for a person who lives in Akron, Ohio who gets charged. City Manager Hooper stated it probably just gets taken away. Mr. Card stated that is his point. The service we provided before didn't charge people for that. He feels there is more of that going on now than there was before. Page -2- Council Regular Meeting May 5, 2003 ...... "'WI' City Manager Hooper stated it is typical that this time of year they have quite a bit of spring cleanup and the cleaning up of yards so what appears to be yard waste stacked up is no different than they saw last year. Mr. Card stated it is different on the lots next to him. It is significantly larger. He spoke of not being able to see when he pulls out of his driveway. He feels by saying the City will no longer pick it up at people's homes anymore free, it is awful easy for them to drag it some place and not have to pay the $40. When the City decided to change the service and increase the cost, it caused problems. He has never had that problem before and it has just started. He feels it must be the $40. Councilwoman Lichter stated she thought they were just charging for yard waste. City Manager Hooper informed her that is correct. They have been very careful to notice the person with regard to yard waste that has piled up. If it still isn't paid for, it is paid for and removed and placed on a bill. It is not that it is staying. There may be some folks taking it somewhere else. He hasn't had that as a complaint. Mr. Card stated the same people that cause other problems in the City are the same people that dump and they are the same people that don't know the difference between yard waste and white goods. They don't care, they are going to dump it there. Now that they know it is going to cost them $40 for yard waste, everything is going to get dumped. George Ann Keller, 3039 Unity Tree Drive, spoke about the Citizen Code Enforcement Board. She was appointed on May 4, 1998 and she has been on the Board ever since. They have canceled 26 meetings since she has been on the Board, almost all because of a lack of agenda items. It took almost six months to read the minutes of the previous meeting to get an approval on it. She wants to make the Council aware when they are considering certain things. They were told they were to help the residents come into compliance rather than giving out fines. It was not to run it as a business. They have never received the final copy of the by-laws that were signed on June 20, 2002. The Land Development Code was in draft form in August 2001. They received a new notebook on Aril 18th, 2002 but never to this day has a completed version been printed. The Board was never invited to attend the meetings or give their input. She spoke of suggestions they made that they were hoping would be integrated into the new codes. She spoke of home occupations that are not allowed that are still being done. She questioned why it takes so long for a violator to be brought before the Board. Page -3- Council Regular Meeting May 5, 2003 ..... ..."", Ms. Keller then spoke of repeat violators. She doesn't feel the Code Enforcement Board has done anything wrong because they can only do what they are told to do. Joy Brindley, 2430 Victory Palm Drive, Code Enforcement Board member, stated she has been a member of the Code Enforcement Board for two years and she feels the Board is getting a raw deal. She commented on an article in the newspaper. She spoke of old and new cases that have been brought before the Board. For the past couple of months, they have had no meeting. She questioned how tickets will be presented to the residents. She feels making money is the real topic here and not having the residents come into compliance. Paul Jenkins, Willow Oak Drive, spoke about the pickup of yard waste larger than four foot piles. He asked about taking out your own trees and the 6" diameter. City Manager Hooper stated it has to be cut up so it can be handled. He commented on the generous approach being done by the City. He then spoke about taking out a tree and putting four foot piles out and it taking four or five pickups before the tree is gone. He spoke about stuff he cleans up on the side street off of the City's trees in the retention pond area. If they have a storm, that alone will do more than the four foot and then if he adds his stuff. There are four of them using that corner to put stuff out because it gives the truck a place to pull off and it doesn't kill their grass when it sits there two weeks. He feels there are things that need to be considered. He then spoke of things being dumped. He hopes the Council will rethink the issue. Those of them that wanted to see it kept in-house were willing to pay the higher price but they thought the service would stay the same. Andy Anderson, 1730 Pine Tree Drive, stated there is something going on in this City that he wouldn't believe if he didn't see it. Up until now he thought the City required certain setbacks for all structures to allow utility vehicles and City vehicles access for various reasons. They are twenty feet from the largest canal in the City. There is a house going up close to them and they bought land that goes all the way out to the edge of the canal. He always thought you had to be back so many feet from the canals for right-of-way. They bought two lots and they are putting a house up eleven feet from the canal. He feels this should be stopped. Page -4- Council Regular Meeting May 5, 2003 -- ..." City Manager Hooper explained there have been four lots purchased by an individual on Queen Palm Drive. His setback requirements are from the edge of his property line, which is right at the edge of the ditch. The ditch is probably encroaching on this guy's private property, which means the City has a problem to fix that. His setback is the proper amount. It is where it is supposed to be. He thinks Mr. Anderson is concerned with what happens if you need to get access. There is public access that is on property that Mr. Anderson has landscaped that is City property. Mr. Anderson spoke of taking care of City property. They do this on their own and they did the landscaping on their own. He then commented on the landscaping his wife has done. City Manager Hooper stated as you go through Florida Shores you will see along drainage rights-of-way where people have done some nice things. It is at their risk and exposure if there is a time when they have to go in and clean a ditch, they are going to go in. It is the responsibility of the City to get in and not replace that stuff. The house in question they have looked at and clearly measured and it is in compliance with the Code. Councilman Hammond stated he walked the lot also. Every time they go into clean it is going to keep encroaching on the people's property. He questioned how safe it is. City Manager Hooper spoke of repairing the bank. Mr. Anderson stated one has to wonder how safe a concrete block structure is going to be that close to a deep ditch like that. City Manager Hooper stated they have them allover. The setbacks are the same. What has occurred is the City owns more property adjacent to Mr. Anderson due to the way this was platted in 1955. Mr. Anderson stated there is someone in his neighborhood that practices and plays in a band. He spoke of the racket these people are making in the garage. The neighbors have been calling the cops. After the cops leave, the racket starts again and then they had to come out again. He doesn't know what the cops are telling this guy but nothing seems to be happening. City Manager Hooper commented on the noise ordinance. He agreed to look into this. CITY COUNCIL REPORTS Councilman Hammond had nothing at this time. Page -5- Council Regular Meeting May 5, 2003 '-' .." Councilwoman Rhodes stated her husband is going to Ohio this month and they have asked him and several other people from this area to speak at a symposium on noise. They are having the same issues we are having and we are not the only ones. Councilwoman Lichter stated on April 28th Councilman Brown asked her to go to a very nice occasion where a Police and Fire person from Edgewater and New Smyrna were to be honored. Kim Rash was the Edgewater Police person and Daniel Ruth was the Edgewater Fire person. It was a very well attended evening at Rich's Place. Councilwoman Lichter spoke about Prayer Day on the steps of City Hall. She arrived at 10:00 a.m. and no one was here. City Clerk Wadsworth informed her at 12:00 p.m. a minister did show up. She thinks there was a mix up this year. Councilwoman Lichter stated on May 2nd Congressman Feeney had the opening of his Port Orange Office and she attended that occasion. Mayor Schmidt stated he was approached by one of the Mayor's from the west side. He mentioned the meetings held between Edgewater, New Smyrna, Port Orange and Oak Hill. Through the Chamber of the west side, it was suggested Edgewater get together with the cities of Deltona, Debary and Orange City. He thinks this might be a good idea. Mayor Schmidt then spoke about the County trying to come up with an ordinance regarding the First Response. VCOG has been the go ahead team with it. They have given preliminary approval with certain conditions. The County wants to push that ordinance through within the next month or month and a half. City Manager Hooper stated they had the County Manager at the City Manager's luncheon. The request was delay and try and come up with a few of the minor changes that would make it palatable that there would be a phase in period. County Manager Coto didn't commit but committed to take it back to the County Council and talk of some delays to allow that to occur. City Manager Hooper stated at the next Council meeting, they will have the letter of understanding about First Response for the eight coastal cities. Page -6- Council Regular Meeting May 5, 2003 ., ....", Councilman Brown stated he was sorry he could not attend Kim Rash's roast. He had a prior commitment. He thanked her for being instrumental in the Mentor Program. Councilman Brown stated this is Sylvan McElroy's last Council meeting he will be attending. He thanked him for his honesty and truthful reporting. Councilwoman Lichter stated the Pet Society had a last Friday and Saturday in the Community Center. contributed items from three cities. They raised thanked City Manager Hooper for his involvement. successful and they had a lot of good will. large yard sale People $1, 300. She It was very PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Readinq, Ord. No. 2003-0-03, amendinq the Land Development Code in its entirety to be consistent with recommendations made by staff, the Planninq and Zoninq Board and City Council (1st Readinq, March 17, 2003, Item 6D) City Manager Hooper made a staff presentation. Chief Planner Darren Lear made a Powerpoint Presentation with regard to the changes made to the Land Development Code. Mayor Schmidt spoke of a site on Hibiscus near Myron's old place where there are 30 or 40 cars that don't run that in essence is a junkyard sitting there with nothing around it. City Manager Hooper stated Code Enforcement is on him to do the fence. He spoke of the enforcement being done on Guava and Hibiscus. Mr. Lear continued his Powerpoint presentation. There was a brief discussion with regard to water machines and real estate magazines. Mr. Lear continued his Powerpoint presentation with regard to Article IV. Paralegal Matusick read Ord. 2003-0-03 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2003-0-03, second by Councilman Hammond. The motion CARRIED 5-0. Page -7- Council Regular Meeting May 5, 2003 '-" "W' B. 2nd Readinq, Ord. No. 2003-0-07, Mary Hansen, Esquire, aqent for Seashore Marina LLC, is requestinq annexation of property located at 4115 South US 1 into the City of Edqewater City Manager Hooper made a staff presentation. Staff recommends approval. Paralegal Matusick read Ord. 2003-0-07 into the record. City Manager Hooper informed Council of a meeting to be held at Hacienda del Rio tomorrow night to describe the project and annexation in general. Councilman Brown stated Hacienda del Rio made their concerns to the Council about fencing and separating the Marina from their property. He asked if this has been taken into consideration. Thomas Krug, 595 Starstone Drive, Lake Mary, stated they will build it in accordance with the City and the Code they have to comply to. Mayor Schmidt asked when the closing might be. Mr. Krug informed him the 15th or 16th of this month. Due to there being no comments, Mayor Schmidt opened the closed the public hearing. Councilman Brown moved to approve Ord. 2003-0-07, second by Councilwoman Lichter. The motion CARRIED 5-0. C. 2nd Readinq, Ord. No. 2003-0-08, amendinq the Future Land Use Map from County Commercial to City Commercial with Conservation Overlay for .37+ acres of property located at 3665 S. Ridqewood Avenue City Manager Hooper made a staff presentation. Staff recommends approval. Paralegal Matusick read Ord. 2003-0-08 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Hammond moved to approve Ord. 2003-0-08, second by Councilman Brown. The motion CARRIED 5-0. Page -8- Council Regular Meeting May 5, 2003 ...... ...." D. 1st Readinq, Ord. No. 2003-0-11, qrantinq a chanqe in zoninq classification from County B-4 (General Commercial) to B-3 (Hiqhway Commercial) for property located at 3665 S. Ridqewood Avenue City Manager Hooper made a staff presentation. Staff recommends approval. Paralegal Matusick read Ord. 2003-0-11 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2003-0-11, second by Councilwoman Lichter. The motion CARRIED 5-0. E. 2nd Readinq, Ord. No. 2003-0-09, amendinq the Future Land Use Map from County Commercial to City Commercial with Conservation Overlay for 7.0+ acres of property located alonq the west side of US 1 and south of the East Wind Subdivision City Manager Hooper made a staff presentation. Staff recommends approval. Paralegal Matusick read Ord. 2003-0-09 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2003-0-09, second by Councilwoman Rhodes. The motion CARRIED 5-0. F. 1st Readinq, Ord. No. 2003-0-12, qrantinq a chanqe in zoninq classification from County B-4 (General Commercial) to B-3 (Hiqhway Commercial) for property located alonq the west side of US 1 and south of the East Wind Subdivision City Manager Hooper made a staff presentation. Staff recommends approval. Paralegal Matusick read Ord. 2003-0-12 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -9- Council Regular Meeting May 5, 2003 ~ .."", Councilman Brown spoke of the people on Omni Circle being pretty vocal at one time about all of this property. He asked if the gentleman that backs up against this property is complaining about this. City Manager Hooper stated they haven't heard a word. He then spoke of the notice requirements. That gentleman was complaining about smaller lots adjacent to Mr. Howard's parcel. This is commercial on the front and may not have triggered the same response. Councilwoman Lichter stated she has heard that some of the residents there might want to corne into the City. City Manager Hooper stated he has had some of those people talk to him but it is hard to take lots one at a time. They need to all corne in. There will be a discussion with the Homeowner's Association corning up. Councilman Brown moved to approve Ord. 2003-0-12, second by Councilman Hammond. The motion CARRIED 5-0. G. 2nd Readinq, Ord. No. 2003-0-10, amendinq the Future Land Use Map from County Urban Low Intensity to City Low Density Residential for property located at 117 Palm Breeze Drive City Manager Hooper made a staff presentation. Staff recommends approval. Paralegal Matusick read Ord. 2003-0-10 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Hammond moved to approve Ord. 2003-0-10, second by Councilwoman Rhodes. The motion CARRIED 5-0. H. 1st Readinq, Ord. No. 2003-0-13, qrantinq a chanqe in zoninq classification from County R-3 (Urban Sinqle Family Residential) to City R-3 (Sinqle Family Residential) for property located within the Palm Breeze Drive Subdivision which is on the east side of US 1 south of Pyramid Park City Manager Hooper made a staff presentation. Staff recommends approval. Paralegal Matusick read Ord. 2003-0-13 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -10- Council Regular Meeting May 5, 2003 '-" ...", Mayor Schmidt spoke of this being annexed a while back. He questioned who finds when someone misses the zoning. City Manager Hooper spoke of the Planning Department doing a periodic review. Councilwoman Rhodes moved to approve Ord. 2003-0-13, second by Councilwoman Lichter. The motion CARRIED 5-0. I. 1st Readina, Ord. No. 2003-0-14, arantina a chanae in zonina classification from County R-3 (Urban Sinale Family Residential) to City R-2 (Sinale FamilY Residential) and from County B-4 (General Commercial) to City B-3 (Hiahway Commercial) for certain property located within the Ranken Drive Subdivision Councilwoman Lichter spoke of a call she received regarding this Ordinance. She spoke of people in Edgewater Landing being noticed but she wasn't sure what that notification says. City Manager Hooper informed her. City Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Lichter spoke of some of the areas on Ranken Drive being in the City and some being in the County. City Manager Hooper mentioned Mr. Fong's property being property in the County and being annexed into the City. Councilwoman Lichter stated she wished they could do that with the rest of U.S. #1 that is even across the street from it. She spoke of there being a small piece of property in the middle of that that is in the County. City Manager Hooper stated they are working on that. Paralegal Matusick read Ord. 2003-0-14 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2003-0-14, second by Councilman Hammond. The motion CARRIED 5-0. J. Res. No. 2003-R-04, amendina the Schedule of Charaes/Fees in Section 17-31 (Fees) of Article IV (Towina or Impoundina of Vehicles) Chapter 17 (Traffic); and approval of Addendum #1 to the Wrecker Services Aareement with Edaewater Garaae, Inc. Page -11- Council Regular Meeting May 5, 2003 .. ...., City Manager Hooper made a staff presentation. He spoke of the low bid being awarded to Edgewater Garage before Councilman Hammond was on the Council. Councilman Hammond is the owner of Edgewater Garage. Staff recommends approval. Paralegal Matusick read Res. 2003-R-04 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter asked if it is sufficient for Councilman Hammond to declare his ownership of Edgewater Garage. She questioned if he has to abstain. City Manager Hooper informed her yes. The fact that it is now being renewed needs to be disclosed, which has been done and a conflict of interest form needs to be described and he doesn't need to vote on this. Councilman Hammond stated when the Police phone them regarding an abandoned vehicle or trailer, they have to pick it up. He then spoke of having to pay the fees and the amount of paperwork and time involved. Councilwoman Rhodes asked Councilman Hammond if he has a contract with the County. Councilman Hammond stated they have a contract with the County, the State, and the City of New Smyrna. Councilwoman Rhodes asked if any other bids were submitted back in 2001. City Manager Hooper stated he wasn't sure but he would look into it. Councilwoman Rhodes stated this makes her uncomfortable but she realizes this wasn't done on purpose. Councilman Hammond then mentioned City vehicles inside the City being towed at no charge. He then spoke of being the only company around with a heavy enough vehicle to move the emergency equipment. Councilman Brown moved to approve Res. 2003-R-04, second by Councilwoman Rhodes. The motion CARRIED 4-1. Councilman Hammond abstained. BOARD APPOINTMENTS There were no Board Appointments at this time. Page -12- Council Regular Meeting May 5, 2003 ~ ....., CONSENT AGENDA A. Federal Bvrne Anti-Druq Abuse Act Grant - staff requestinq approval to accept qrant funds in the amount of $27,435.00 to be used for costs associated with G.R.E.A.T. Youth Affairs proqram Councilwoman Rhodes moved to approve the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS There was no Other Business at this time. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Paralegal Matusick had nothing at this time. City Manager Hooper had nothing at this time. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. Mayor Schmidt thanked Sylvan McElroy for his honesty in reporting. He feels the newspapers are very fair to this City. He wished Mr. McElroy good luck with his endeavors. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:30 p.m. Minutes submitted by: Lisa Bloomer Page -13- Council Regular Meeting May 5, 2003