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09-22-2003 - Regular ~ ..." CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 22, 2003 7:30 P.M. COMMUNITY CENTER MINUTES 1 . CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:30 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. 2. APPROVAL OF MINUTES There were no minutes to be approved at this time. 3. PRE SENTAT IONS/PROCLAMAT IONS/PLAQUE S/CERTI FICATE S/DONATIONS A. Recognition of appointed/reappointed Board/Committee members Mayor Schmidt recognized the following Board/Committee members: George Ann Keller, Linda Johnson, Joe Fishback, Jo Hagan, and Diane Trout. 4. CITIZEN COMMENTS The following citizens spoke during Citizen Comments: Anton Heeb, 616 N. Riverside Drive, complimented the Leisure Services Department on the footbridge at the Edgewater/New Smyrna Beach city limits on Riverside Drive. '-" .."", Mayor Schmidt suggested they should have a dedication of the footbridge placed on Riverside Drive at the New Smyrna Beach/Edgewater city limits. City Manager Hooper stated Leisure Services Director Jack Corder has looked at doing that and that is the plan coming. The bridge isn't ours yet. The contractor has not completed it. He briefly spoke of some minor issues. He suggested they have a joint celebration with New Smyrna due to half of the bridge being paid for by New Smyrna. Joe Fishback, 214 Oak Branch Drive, expressed concern with there not being any money or facilities for youth activities. Councilwoman Lichter would like the City to look a little more in depth regarding what the YMCA is being used for. City Manager Hooper commented on some facilities in the City that provide activities for the youth. Mayor Schmidt suggested after the election having a Workshop with the Recreation/Cultural Services Board and some of the groups that have activities for the youth. Georqe Grossman, 3313 Mango Tree Drive, expressed concern with builders clearing lots and taking out all of the trees. He asked the Council to looking into this situation. Mayor Schmidt spoke of Council bringing up tree issues at a few different meetings. Councilwoman Lichter feels this has to do with taking a look at what the City has in its ordinance. She made mention of appointing a Committee to take a look at the tree ordinance. City Manager Hooper spoke of new developments coming in and Florida Shores not having restrictions and living by minimum standards of the Code. For the next update of the Land Development Code, they will have a Committee that looks at both sides of it and makes a recommendation back through the Planning & Zoning Board to the Council. Kim Lonq, 3312 Mango Tree Drive, presented pictures to City Clerk Wadsworth of trees that at one time were built around and now lots are being clear cut in order to build homes. She spoke of there being no trees in Majestic Oaks and raising fees to remove trees. Page -2- Council Regular Meeting September 22, 2003 ~ ...., Ken Cartisano, 1140 Roberta Lane, spoke of serving on the Economic Development Board in Oak Hill. He mentioned Tom Alcorn speaking to the group he served on. He provided City Clerk Wadsworth with information for the Council dealing with economic issues. 5. CITY COUNCIL REPORTS Councilman Brown spoke of the Business Expo he attended. Councilman Hammond stated he had a few citizens on Pine Tree Drive and 19th Street inquiring about putting up a barricade at the retention pond due to trucks driving through it. City Manager Hooper agreed to get Councilman Hammond an answer. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter commented on the Smart Growth Summit meetings she attends. She will be attending the Workshop regarding Controlled Growth. Councilwoman Lichter stated September 18th was the last Water Alliance meeting. Now they have the Water Authority of Volusia. She spoke of there being two appointments she has to make. She stated she appointed City Manager Hooper to represent her on the Committee that will go through the list of applicants for the Director. Councilwoman Lichter stated the TAC group has been in existence all the years of the Water Alliance. Because they are a new group they had to reinstate the TAC group. Director of Environmental Services Terry Wadsworth will be representing Edgewater on the TAC group. Councilwoman Lichter spoke of an unusual call she received. There is a woman author that lives in this City that is from Poland and in the past years she has been sending books to our servicemen in Iraq. They can no longer send those books because of security. She contacted Feeney's office and they could not break the security rule. She asked for Council's thoughts on how she could get these books to the servicemen. Mayor Schmidt stated come October 1st the Regional Communications Center has its first birthday. He spoke of an article in the News Journal on Sunday. Page -3- Council Regular Meeting September 22, 2003 ~ ...., Mayor Schmidt stated Roy Schleicher is putting his letter of resignation. At the end of the year he is going to look at some different career moves. They are looking to combine the duties of VCOG and the MPO. They have a joint meeting of both Executive Committees on October 1st. Mayor Schmidt presented an update of what VCOG is doing with the Fire/EMS study. Mayor Schmidt stated by January 2004 the agreement should be finalized amongst the seven cities for the Closest Unit First Response. There was a brief discussion regarding the ISO rating going down. Fire Chief Barlow is going to ask for another review once they have everything put together. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. No. 2003-0-18, Glenn Storch, authorized agent for Hacienda Development Corp., requesting an amendment to the Official Zoning Map to include 18.27~ acres of land located east of US1 and west of Hacienda del Rio, as City B-3 (Highway Commercial) Paralegal Matusick read Ord. 2003-0-18 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2003-0-18, Glenn Storch, authorized aaent for Hacienda Development Corp., reauestina an amendment to the Official Zonina Map to include 18.27+ acres of land located east of US1 and west of Hacienda del Rio, as City B-3 (Hiahway Commercial), second by Councilwoman Rhodes. The MOTION CARRIED 5-0. B. 2nd Reading, Ord. No. 2003-0-19, amending the Official Zoning Map to include certain properties within the Washington Park subdivision located south of 35th Street in Florida Shores as R-2 (Single Family Residential) Page -4- Council Regular Meeting September 22, 2003 ~ ~ Paralegal Matusick read Ord. 2003-0-19 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2003-0-19, amendinq the Official Zoninq Map to include certain properties within the Washinqton Park subdivision located south of 35~ street in Florida Shores as R-2 (Sinqle Familv Residential), second bv Councilwoman Lichter. The motion CARRIED 5-0. Mayor Schmidt mentioned 35th Street from the railroad tracks to the pavement. He asked if there is any way they can look into putting a sub-base down like was done on Airpark Road. City Manager Hooper feels this may be something they can work with the County on. C. 1st Reading, Ord. No. 2003-0-21, Coral Trace, LLC, with Elizabeth Kennedy as authorized agent and Forte McCaulay as developer (owner, Progressive Land Development Inc.), request Planned Unit Development (PUD) Agreement approval and the associated Zoning Map amendment to change 63.69~ acres of property located north of SR 442 and west of Lybrand Avenue from Volusia County A-3 (Transitional Agriculture) to City RPUD (Residential Planned Unit Development) to create a 200 maximum unit subdivision to be known as Coral Trace Paralegal Matusick read Ord. 2003-0-21 into the record. City Manager Hooper made a staff presentation. Glenn Storch made a presentation on behalf of Forte McCaulay and answered questions presented by Council. Mayor Schmidt opened the public hearing. The following citizens spoke on this item: Pat Card, 3019 Willow Oak Drive Mike Visconti, 316 Pine Breeze Drive Page -5- Council Regular Meeting September 22, 2003 "-' ....., Joe Fishback, 214 Oak Branch Drive Huqh Evans, 1688 W Hibiscus Blvd., Melbourne, President, Forte McCaulay introduced himself. GUY Galaqis, 6100 Sabal Hammock Circle, Port Orange Chris Balmer, 148 William street Mike Visconti, 316 Pine Breeze Drive Ferd Heeb, 115 N. Riverside Drive Ken Cartisano, 1140 Roberta Lane Dennis Vincenzi, 1604 Queen Palm Drive Attorney Storch responded to the concerns expressed by the citizens. Mayor Schmidt closed the public hearing. Mayor Schmidt called a ten-minute recess at this time. The meeting recessed at 9:25 p.m. and reconvened at 9:34 p.m. Councilwoman Lichter asked City Manager Hooper to address the subject of precedent because she doesn't think everyone is familiar with what PUD means, which he did at this time. Councilman Brown feels by leaving more green area and concentrating the houses there is less impact on the environment. Councilwoman Lichter asked about the business park and the water going into the lakes. City Manager Hooper explained how that will work. Councilman Hammond questioned the commercial land having a water retention area. City Manager Hooper explained to him they took the impervious runoff from one area and the number of lots and that is how they sized the ponds. Councilman Hammond stated he is being pulled both ways on this. Councilwoman Rhodes agreed. Councilman Hammond explained why he can see both sides. Page -6- Council Regular Meeting September 22, 2003 ..,. ...., Councilwoman Rhodes feels if you don't like fifty-foot lots you don't have to live there. She doesn't see a downside here and the only downside she has heard is the fifty-foot lots. Councilwoman Lichter moved to approve Ord. 2003-0-21, Coral Trace, LLC, with Elizabeth Kennedy as authorized aaent and Forte McCaulay as developer (owner, Proaressive Land Development Inc.), request Planned Unit Development (PUD) Aareement approval and the associated Zonina Map amendment to chanae 63.69+ acres of property located north of SR 442 and west of Lybrand Avenue from Volusia County A-3 (Transitional Aariculture) to City RPUD (Residential Planned Unit Development) to create a 200 maximum uni t subdivision to be known as Coral Trace, second by Councilwoman Rhodes. The MOTION CARRIED 4-1. Councilman Hammond voted NO. 7 . BOARD APPOINTMENTS A. Planning and Zoning Board - Councilwoman Lichter to consider the Board's recommendation for appointment to fill the remaining term of a vacated seat Councilwoman Lichter moved to appoint Mary "Sandy" Jones, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. 8. CONSENT AGENDA A. Motorcycle Lease Agreement - staff recommending approval and authorize the City Manager to execute the Addendum to the Motorcycle Lease Agreement for addition of two (2) Police Motorcycle units with an expenditure of $8,085 from the Law Enforcement Trust Funds for one (1) unit and associated equipment; and one (1) unit from the 2003-2004 Police Department budget and execution of the renewal in March 2004 Councilwoman Rhodes asked if they are going to put two additional motormen on or if they just have backups. Chief Ignasiak stated he has three trained motormen right now and he has a fourth waiting to be trained. Page -7- Council Regular Meeting September 22, 2003 --- ..." Councilwoman Lichter expressed concern about the funds. City Manager Hooper elaborated on this being a grant. Councilman Brown moved to approve the Consent Aqenda, second bv Councilwoman Rhodes. The motion CARRIED 5-0. 9. OTHER BUSINESS A. Reducing/Waiving Liens - Charles Clark, owner of a vacant lot previously known as 132 Highland Avenue, requesting reduction of or waiving liens placed against this property prior to his purchase (totaling $5,500.19) City Manager Hooper made a staff presentation. Charles Clark, 90 Cunningham Drive, New Smyrna Beach, made a presentation regarding items that have come up with this property and the cleaning up he has done of the property. He commented on another lien in the amount of $146,000 that has been cleaned up and squared away. Mr. Clark expressed he was aware of the liens that have been recorded. City Manager Hooper explained the liens and outstanding utility bill on this property. Mayor Schmidt questioned how come when a home is demolished the meter is not pulled. City Manager Hooper elaborated that impact fees and connection fees would need to be paid allover again. Councilwoman Lichter feels there is room for compromise and she would like to try to work it out. City Manager Hooper stated one of the options is to do away with the utility bill and start from scratch which would be $2,850. Councilwoman Lichter feels the interest and the difference in starting up a new account should come off. Councilwoman Rhodes feels they shouldn't make interest off of the taxpayers. Councilman Hammond suggested they cut it in half. There was a brief discussion regarding staff helping Mr. Clark get through some of the issues that have come up. Page -8- Council Regular Meeting September 22, 2003 "'-" ~ Councilman Hammond asked Mr. Clark what he was asking for. Mr. Clark stated he is asking for the recorded liens in the amount of $2,181.50, which Paralegal Matusick stated does not include the interest or the cost for recording the documents. Councilwoman Rhodes moved to reduce the amount due to $4,761.50, second by Councilman Brown. The MOTION DIED 2-3. Councilman Hammond, Councilwoman Lichter and Mayor Schmidt voted NO. Councilwoman Lichter moved to reduce the amount due to $2,181.50, second by Councilman Hammond. The MOTION CARRIED 4-1. Councilwoman Rhodes voted NO. B. Engineering Services Work Orders (3) - staff recommending approval of Work Orders to Gierok Engineering, Inc. to provide design, bidding, permitting, construction management and inspection services related to road and associated utilities improvements in ParkTowne Industrial Center. (Work Order #2002-13 for $37,980, #2002-14 for $86,850 and #2002-15 for $86,820.) City Manager Hooper made a staff presentation. The total amount for all three work orders is $211,650. Councilman Hammond moved to approve Work Order #2002-13, #2002-14 and #2002-15, second by Councilwoman Lichter. The MOTION CARRIED 5-0. 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper made a staff presentation regarding Charter Review and a Charter Review Committee. A resolution will be presented to Council in November and will make the five appointments for the Charter Review Committee. He elaborated on the process of the Charter Review. Page -9- Council Regular Meeting September 22, 2003 ..... 'y/ city Manager Hooper elaborated on the status of the 60-acre Prestressed Concrete Site. city Manager Hooper commented on the Code Enforcement Board meeting held last week. They have advertised for a new Code Enforcement Board Attorney. City Manager Hooper spoke of the Council hearing two public hearings on every land use item and the Planning and Zoning Board is hearing one. There is a method to shorten that so they count the first public meeting as the Planning and Zoning Board and Council would conduct the second. He informed Council to let him know if they are interested. There was a brief discussion regarding the advertising being done the same for Planning and Zoning as it is for Council. It was the consensus of Council for City Manager Hooper to pursue this. 11. CITIZEN COMMENTS/CORRESPONDENCE Chris Balmer, 148 William Street, spoke of problems he is having with some of his tenants not paying their water bill and him being responsible for paying it. There was a brief discussion regarding the utility accounts being in the property owner's name and the City not contracting with renters. City Manager Hooper spoke of looking into this and a recommendation from staff being presented to Council in the very near future. Charles Clark, 90 Cunningham Drive, New Smyrna Beach, spoke of a home he sold in Florida Shores and not being able to get his deposit back. He then spoke of the water bills going to the owner and the owner having to deliver the bill to the renter and there being a possibility of the water bill being late. 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned 10:24 p.m. Minutes submitted by: Lisa Bloomer Page -10- Council Regular Meeting September 22, 2003