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05-19-2003 - Regular ,..,. 'tttttII CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 19, 2003 7:00 P.M. COMMUNITY CENTER MINUTES 1 . CALL TO ORDER Vice Mayor Rhodes 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 Vice Mayor Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Paralegal Robin Matusick Excused Excused Present Present Present Present Present Present City Manager Hooper informed Council that Mayor Schmidt and Councilman Brown were attending graduating ceremonies for their daughters. INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Regular Meeting of April 14, 2003 (continued from April 7, 2003 - no quorum) Councilman Hammond moved to approve the April 14, 2003 minutes, second bv Councilwoman Lichter. The MOTION CARRIED 3-0. B. Regular Meeting of April 21, 2003 Councilwoman Lichter moved to approve the April 21, 2003 minutes, second bv Councilman Hammond. The MOTION CARRIED 3-0. ~ ~ 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/OONATIONS A. Recognition of appointed/reappointed Board/Committee members There were no Board/Committee members to be recognized. B. Elden McDirmit/Kelly Leary, McDirmit Davis Puckett, presenting the Comprehensive Annual Financial Report for fiscal year ended September 30, 2002 Elden McDirmit and Kelly Leary, McDirmit Davis Puckett gave a brief overview of the financial audit with regard to the Comprehensive Annual Financial Report for fiscal year ended September 30, 2002. Ms. Leary reported on the Management Letter, which they are required to report to the Auditor General and presented their recommendations. 4. CITIZEN COMMENTS The following citizens spoke during Citizen Comments: Andv Anderson, Pine Tree Drive Ed Keenan, 1905 Pine Tree Drive Georqe Ann Keller, 3039 Unity Tree Drive 5. CITY COUNCIL REPORTS Councilwoman Lichter spoke of the Water Alliance forming a Water Transition Group. Councilwoman Lichter reminded the Council of the Memorial Day Services to be held at 10:00 a.m. at the Edgewater Cemetery. Councilwoman Lichter spoke about Flo Baker tripping on the step on Park Avenue in front of the Building Department and about putting up a railing there. Councilman Hammond had nothing at this time. Page -2- Council Regular Meeting May 19, 2003 ..., ..""" Vice Mayor Rhodes asked how they are doing on the lights on the south end of u.s. #1. City Manager Hooper stated Mr. Corder is working on this but it is really in the hands of Florida Power & Light to give him a schedule of cost. City Manager Hooper agreed to send another letter saying we need it now. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. No. 2003-0-11, granting a change in zoning classification from County B-4 (General Commercial) to B-3 (Highway Commercial) for property located at 3665 S. Ridgewood Avenue Due to there being no comments, Vice Mayor Rhodes opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2003-0-11, crrantincr a chancre in zonincr classification from County B-4 (General Commercial) to B-3 (Hicrhway Commercial) for property located at 3665 S. Ridcrewood Avenue, second by Councilman Hammond. The MOTION CARRIED 3-0. B. 2nd Reading, Ord. No. 2003-0-12, granting a change in zoning classification from County B-4 (General Commercial) to B-3 (Highway Commercial) for property located along the west side of us 1 and south of the East Wind Subdivision Due to there being no comments, Vice Mayor Rhodes opened and closed the public hearing. Councilman Hammond moved to approve Ord. 2003-0-12, crrantincr a chancre in zonincr classification from County B-4 (General Commercial) to B-3 (Hicrhway Commercial) for property located aloncr the west side of US 1 and south of the East Wind Subdivision, second by Councilwoman Lichter. The MOTION CARRIED 3-0. C. 2nd Reading, Ord. No. 2003-0-13, granting a change in zoning classification from County R-3 (Urban Single Family Residential) to R-3 (Single Family Residential) for property located within the Palm Breeze Drive Subdivision which is on the east side of US 1 south of Pyramid Park Page -3- Council Regular Meeting May 19, 2003 '-' ....", Due to there being no comments, Vice Mayor Rhodes opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2003-0-13, arantina a chanae in zonina classification from County R-3 (Urban Sinale Familv Residential) to R-3 (Sinale Familv Residential) for property located within the Palm Breeze Drive Subdivision which is on the east side of US 1 south of Pyramid Park, second bv Councilman Hammond. The MOTION CARRIED 3-0. D. 2nd Reading, Ord. No. 2003-0-14, granting a change in zoning classification from County R-3 (Urban Single Family Residential) to City R-2 (Single Family Residential) and from County B-4 (General Commercial) to City B-3 (Highway Commercial) for certain property located within the Ranken Drive Subdivision Vice Mayor Rhodes opened the public hearing. The following citizen spoke during this item. Ed Keenan, 1905 Pine Tree Drive Vice Mayor Rhodes closed the public hearing. Councilman Hammond moved to approve Ord. 2003-0-14, arantina a chanae in zonina classification from County R-3 (Urban Sinale Familv Residential) to City R-2 (Sinale Familv Residential) and from County B-4 (General Commercial) to City B-3 (Hiahwav Commercial) for certain property located within the Ranken Drive Subdivision, second bv Councilwoman Lichter. The MOTION CARRIED 3-0. E. Res. No. 2003-R-05, approving Volusia County Metropolitan Planning Organization membership voting Councilwoman Lichter moved to approve Res. 2003-R-05, approvina Volusia County Metropolitan Plannina Oraanization membership votina, second bv Councilman Hammond. The MOTION CARRIED 3-0. Page -4- Council Regular Meeting May 19, 2003 ~ ~ 7 . BOARD APPOINTMENTS There were no Board Appointments at this time. 8 . CONSENT AGENDA A. Event License Agreement - staff recommending approval for Mayor to execute the Agreement for the use of vacant property located at the corner of Lamont and N. Ridgewood for parking during the July 4th fireworks display B. Event License Agreement - staff recommending approval for Mayor to execute the Agreement for the use of vacant property located at the corner of E. Palm Way and S. Ridgewood for parking during the July 4th fireworks display C. Fund Offering - staff recommending approval for Mayor to execute the cost-reimbursement agreement for $4,000 from the Department of Community Affairs for the purpose of training and equipping 35 additional CERT members Councilwoman Lichter made a motion to approve Items A, B & C on the Consent Aaenda I second bv Councilman Hammond. The MOTION CARRIED 3-0. 9. OTHER BUSINESS A. Tree Permit for Removal of Historic Live Oak Tree - Holiday Builders, Inc. is requesting a Tree Permit to remove one 40 inch historic live oak tree from 2122 Orange Tree Drive to build a new single family residence Building Official Dennis Fischer made a staff presentation. Mr. Fischer recommended they give them a choice of either/or or a combination of both. If they plant four trees, he has the calculation method to reduce the balance by that amount of money. City Manager Hooper stated if the desire is to waive it and not do either of these two choices, he didn't mean to imply that the Code won't let you do it, it is just not advertised that way. If Council wants him to advertise a variance to the whole thing, they can do that and have it back to Council in fifteen days of advertising time. He stated he thinks they could do that. They could modify in compliance with the County. Page -5- Council Regular Meeting May 19, 2003 '-' ..., Vice Mayor Rhodes opened the public hearing. The following citizen spoke during this item: StacY Sather, 110 Silver Circle Vice Mayor Rhodes closed the public hearing. Councilwoman Lichter made a motion that the tree comes down, that the owners of the property make a combination of new trees plus money into the kitty if that is their choice. City Manaaer Hooper stated the intent is that they do one or the other. They either put trees, money or a combination. Councilwoman Lichter stated they have a choice to add 16 trees, put in the amount of money we reauire or make a combination thereof, second by Councilman Hammond. The MOTION CARRIED 3-0. Councilwoman Lichter thinks when there is a change in a County ruling or ordinance and we have just recently acted upon what they thought that was, at least they should bring it up for discussion. City Manager Hooper agreed to bring it back for a discussion item instead of an advertised item. B. Memorandum of Understanding - staff recommending approval for the Mayor and City Manager to execute the Memorandum for the support of creating the East Vol usia Municipal Fire-Rescue Cooperative Closest Unit Response Plan City Manager Hooper made a staff presentation. Vice Mayor Rhodes opened the public hearing. The following citizen spoke during this item. Dick Jones, 1530 Sabal Palm Drive Vice Mayor Rhodes closed the public hearing. Page -6- Council Regular Meeting May 19, 2003 '-' ..." Councilman Hammond moved for approval for the Mayor and City Manaaer to execute the Memorandum for the support of creatina the East Volusia MUnicipal Fire-Rescue Cooperative Closest Unit Response Plan, second by Councilwoman Lichter. The MOTION CARRIED 3-0. 10. OFFICER REPORTS A. city Clerk City Clerk Wadsworth had nothing at this time. B. City Attorney Paralegal Matusick had nothing at this time. C. City Manager City Manager Hooper commented on the budget schedule that was passed out to Council. He needs Council to check their schedules for any conflicts. City Manager Hooper informed Council for the month of June he would like to move the meetings to June 9th and June 23rd. City Manager Hooper stated Airpark Road at state Road 442 (SR 442) to the south is a road that the County came in and paved over dirt without putting any base under it. When the Department of Transportation (DOT) came in they tore it all up and put drainage under neath and they have offered the City the opportunity to put in a base and do it as a real road. There is a cost associated with that. DOT is willing to pay a portion as well as the County. Our share would be $35,583.00. He asked for authorization on that in the form of a portion. Councilman Hammond moved to accept the bid for pavina Airpark Road south of SR 442 in the amount of $35,583.00, second by Councilwoman Lichter. The MOTION CARRIED 3-0. Councilwoman Lichter asked how much is the County or DOT supposed to put into SR 442 for landscaping. City Manager Hooper informed her $100,000. They are working with the property owner at the truck stop and pushing hard to make that an enhancement. Page -7- Council Regular Meeting May 19, 2003 ...... """ 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments at this time. 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Lichter moved to adjourn. The meeting adjourned at 8:55 p.m. Minutes submitted by: Lisa Bloomer ATTEST: APPROVED: j J~- ~)t Susan J. ~adsworth, City Clerk ~~E Donald S. Schmidt, Mayor Page -8- Council Regular Meeting May 19, 2003