Loading...
07-21-2003 - Regular ....... ..." , , CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 21, 2003 7:00 P.M. COMMUNITY CENTER MINUTES 1 . CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 6:00 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 Attorney Scott Cookson City Clerk Susan Wadsworth Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. Mayor Schmidt informed the public of the sign in sheet for anyone wishing to speak on Item 9A. 2. APPROVAL OF MINUTES A. Regular Meeting of June 9, 2003 Counci~woman Lichter moved to approve the June 9, 2003 minutes, second bv Counci~an Hammond. The MOTION CARRIED 5-0. B. Regular Meeting of June 23, 2003 Counci~an Hammond moved to approve the June 23, 2003 minutes, second bv Counci~woman Rhodes. The MOTION CARRIED 5-0. ~ ..." C. Regular Meeting of July 7, 2003 CounciLman Brown moved to approve the Julv 7, 2003 minutes, second bv Councilwoman Lichter. The MOTION CARRIED 5-0. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUE S/CERTIFICATE S/DONATIONS A. Recognition of appointed/reappointed Board/Committee meT(lbers There were no Board members present to be recognized. 4. CITIZEN COMMENTS The following citizen spoke during Citizen Comments: Mike Visconti, 316 Pine Breeze Drive 5. CITY COUNCIL REPORTS Councilman Hammond had nothing at this time. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter stated the Water Authority of Volusia will be activated October 1st. At the moment nine cities have voted to participate. Four still have to decide. Councilwoman Lichter spoke of some of the older industrial parks being neglected and having serious stormwater problems. Mayor Schmidt had nothing at this time. Councilman Brown had nothing at this time. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Patricia Johnson, owner, requesting approval of the Development Agreement and associated Site Plan to construct two (2) aircraft hangars at the corner of Skyway Drive and Park Avenue (PID #7431-00-00-0112) City Manager Hooper made a staff presentation. Page -2- Council Regular Meeting July 21, 2003 '-" """" Jerry Finley, Finley Engineering Group, made a presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve the Development Aareement and associated Site Plan to construct two (2) aircraft hanaars at the corner of Skyway Drive and Park Avenue (PID #7431-00-00- 0112), second by Councilwoman Rhodes. The MOTION CARRIED 5-0. 7. BOARD APPOINTMENTS A. Economic Development Board - As recommended by the Board: Mayor Schmidt to consider appointing Nancy Freeman to replace Tom Alcorn who resigned, Councilman Brown to consider reappointment Nora Aly and Councilman Hammond to consider reappointing Oscar Zeller Mayor Schmidt stated he had no problem appointing Nancy Freeman to replace Tom Alcorn. Councilwoman Rhodes moved to appoint Nancy Freeman to replace Tom Alcorn, second by Councilman Brown. Councilman Brown moved to reappoint Nora Aly, second by Councilwoman Lichter. Councilman Hammond moved to reappoint Oscar Zeller, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. B. Police Pension Board - the Police Department elected Sgt. William Lenz and Detective David Gamell to serve a three-year term Councilwoman Rhodes moved to appoint Sat. William Lenz and Detective David Gamell to serve on the Police Pension Board, second by Councilman Hammond, second by Councilman Hammond. The MOTION CARRIED 5-0. Page -3- Council Regular Meeting July 21, 2003 '-" .., 8 . CONSENT AGENDA A. Disposal of Surplus Property - staff recommending authorization to participate in a one year no- obligation demonstration program with The Property Bureau to dispose of excess property Councilwoman Rhodes moved to approve the Consent Aaenda, second bv Councilman Brown. The MOTION CARRIED 5-0. Councilwoman Lichter asked if we make money on this. City Manager Hooper elaborated. Mayor Schmidt again informed the public of the sign ln sheets if they wish to speak during Item 9A. Mayor Schmidt called a recess at 7:26 p.m. The meeting reconvened at 7:40 p.m. 9. OTHER BUSINESS A. Appeal - staff recommending denial of the appeal filed by Wallace Ebert and Robert Schmitz to reverse the Planning and Zoning Board decision for variance request submitted by James Morris, authorized agent for John and Yvonne Bice, for property located east of 218 N. Riverside Drive. City Attorney Cookson went over the procedure the Council will follow with regard to this appeal due to this being a quasi- judicial proceeding. He reviewed the elements the Council will be looking at to determine whether to grant the variance or not. city Attorney Cookson informed Council they are going to swear in the applicant, the appellants and any of their witnesses, as well as City staff. The following people were sworn in by City Clerk Wadsworth: Robert Schmitz, 216 N. Riverside Drive Wallace Ebert, 224 N. Riverside Drive Page -4- Council Regular Meeting July 21, 2003 '-' 'W Yvonne Bice, 210 N. Riverside Drive John Bice, 210 N. Riverside Drive Khalid Resheidat, 1815 Travelers Palm Drive Darren Lear, 104 N. Riverside Drive Kenneth Hooper, 104 N. Riverside Drive Mayor Schmidt questioned if any of the Council had any contact with either side. Each Councilmember disclosed any contact they had with any of the people involved with this case. Chief Planner Darren Lear made a presentation regarding the history of this item and how they got where they are today. City Manager Hooper pointed out the information that was included in the agenda packet. Wallace Ebert, 224 N. Riverside Drive, presented his case. Robert Schmitz, 216 N. Riverside Drive, presented his case. There was no public comment in support of the appellant. James Morris, Attorney, authorized agent representing John & Yvonne Bice, stated he wanted to qualify Mr. Lear as the City's expert. He did not give his credentials. City Attorney Cookson suggested Mr. Lear do that now. Attorney Morris asked Mr. Lear to state his position with the City, his experience on his job and his professional training which he did at this time. Attorney Morris asked Mayor Schmidt to incorporate the agenda packet from the City Manager's office into the record. Mayor Schmidt stated it is automatically included. Attorney Morris presented the case for Mr. and Mrs. Bice. city Attorney Cookson, Attorney Morris and City Manager Hooper answered questions of Council. Mayor Schmidt asked for public comment supporting the applicant. Page -5- Council Regular Meeting July 21, 2003 'w' ....."" The following citizens spoke: Robert Lott, 2112 S. Riverside Drive Ferd Heeb, 115 N. Riverside Drive Pat Card, 3019 Willow Oak Drive Jav Michael McKav, 1717 S. Riverside Drive Diana Atkins, 1405 S. Riverside Drive Daniel Roaers, 510 S. Riverside Drive Mr. Ebert presented his rebuttal. Mr. Schmitz presented his rebuttal. Attorney Morris presented the rebuttal for Mr. and Mrs. Bice. City Manager Hooper presented staff's recommendation. There was then deliberation by the Council. Councilwoman Rhodes moved to deny the appeal filed by Wallace Ebert and Robert Schmitz to reverse the Plannina and Zonina Board decision for variance request submitted by James Morris, authorized aaent for John and Yvonne Bice, for property located east of 218 N. Riverside Drive, second by Councilman Hammond. The MOTION CARRIED 5-0. At this time Mayor Schmidt called a ten-minute recess. The meeting recessed at 9:24 p.m. and reconvened at 9:32 p.m. B. Amended Interlocal Agreement - requesting approval to amend the Interlocal Agreement between Port Orange, Edgewater and New Smyrna Beach concerning joint dispatch services city Manager Hooper made a staff presentation. Page -6- Council Regular Meeting July 21, 2003 '-' ...., Councilwoman Lichter moved to approve the amended Interlocal Aareement between Port Oranae, Edaewater and New Smyrna Beach concernina ioint dispatch services, second by Councilman Brown. The MOTION CARRIED 5-0. C. Setting of Millage Rate - staff recommending approval to advertise the millage for fiscal year 2004 at 6.95 mills City Manager Hooper made a staff presentation. Councilman Brown moved to approve advertisina the millaae for fiscal year 2004 at 6.95 mills, second by Councilwoman Lichter. The MOTION CARRIED 5-0. D. Hazelwood River Road - staff recommending approval of Notice of Award to Canaveral Construction Co. for the construction of the Hazelwood River Road water main for $120,035.00 and authorize the Mayor/City Manager to execute the contract This item was pulled from the agenda. City Manager Hooper mentioned a bid protest that is underway and they hope to have this back on the agenda at the first meeting in August. 10. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Paralegal Matusick had nothing at this time. City Manager Hooper spoke of the Decade of Excellence projects they have talked about and this being placed on a referendum on November 4th for the General Election. It was the consensus of Council for City Manager Hooper to bring this back on August 4th. There will also be an ordinance before Council in early September. City Manager Hooper informed Council there will be a presentation on City Hall at the August 18th meeting as well as the Corridor Study. Page -7- Council Regular Meeting July 21, 2003 '-'" ..." . 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments at this time. 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:40 p.m. Minutes submitted by: Lisa Bloomer Page -8- Council Regular Meeting July 21, 2003