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10-20-2003 - Regular ..,.. ...... CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 20, 2003 7:00 P.M. COMMUNITY CENTER MINUTES 1 . 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 Deputy City Clerk Lisa Bloomer Paralegal Robin Matusick Present Excused Excused Present Present Present Excused Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Regular Meeting of August 18, 2003 Councilwoman Lichter moved to approve the AUGUst 18, 2003 minutes, second bv Councilwoman Rhodes. The MOTION CARRIED 3-0. B. Special Meeting of September 22, 2003 Councilwoman Rhodes moved to approve the September 22, 2003 minutes, second bv Councilwoman Lichter. The MOTION CARRIED 3-0. 3. PRE SENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS '-" ...., A. Recognition of appointed/reappointed Board/Committee members Mayor Schmidt recognized Sandy Jones for being appointed to the Planning and Zoning Board. B. Plaques presented to Joseph "Bucky" McEver for his 27 years of dedicated employment service to our community (from October 15, 1979 through October 2, 2003), and William "Bill" Jackson for his 15 years of dedicated employment service to our community (from January 15, 1988 through October 2, 2003) Mayor Schmidt recognized Bucky McEver and Bill Jackson for their years of service with the City and presented them with a plaque from the City and a card from the Personnel Department. Police Chief Ignasiak also presented Mr. McEver with a plaque. C. Mayor Schmidt proclaiming the "Month of the Family" to recognize and honor the family unit as essential to the continued well-being of our community Mayor Schmidt read the proclamation regarding "Month of the Family". Susan Hill, Church of Jesus Christ of Latter Day Saints, presented Deputy City Clerk Bloomer with literature for the Council. 4. CITIZEN COMMENTS Dominic Capria, 606 Topside Circle Ferd Heeb, 115 N. Riverside Drive Ed Keenan, 1905 Pine Tree Drive Henry Dardinski, 2704 Sabal Palm Drive Rav Anderson, 1905 S. Riverside Drive, presented a handout to Council. John Labato, 2417 Orange Tree Drive John Cordeiro, 1515 Pine Tree Drive Page -2- Council Regular Meeting October 20, 2003 '-" ...., Dominic Capria, 606 Topside Circle Edward Purcell, 2945 Pine Tree Drive Russell Bauaher, 3232 Pine Tree Drive Rav Donofrio, 2213 Pine Tree Drive Andv Anderson, 1730 Pine Tree Drive 5. CITY COUNCIL REPORTS Councilwoman Lichter spoke about Daytona Beach Community College being in Edgewater but the sign in front of the college says New Smyrna Beach. City Manager Hooper met with Mr. Fathi and the sign will be changed to read New Smyrna Beach/Edgewater Daytona Beach Community College. They also spoke about having a road that would connect the college to our new industrial park. Councilwoman Lichter updated the Council on the second Growth Management Workshop she attended about two weeks ago with regard to cluster zoning. Councilwoman Lichter informed Council the by-laws for the Water Authority of Volusia have been passed. They also received seventy applications from allover the country for the Director position. Councilwoman Lichter would like to start working on a traffic light at Turgot Avenue and u.S. #1. Councilwoman Lichter spoke about receiving four phone calls about flags being displayed at a business at Park Avenue & U.S. #1. Paralegal Matusick informed her they are considered an outdoor display and at the end of business hours they are removed. Councilwoman Lichter spoke of a missionary group sending books to Iraq for our soldiers to help the Polish lady who was having trouble getting them to Iraq. Councilwoman Rhodes asked about the Edgewater signs out by 1-95. One sign says Edgewater five miles and then right behind it there is a sign that says Edgewater City Limit. City Manager Hooper informed her the State did that. Councilwoman Rhodes wants them to stop wasting our tax dollars on two signs. Page -3- Council Regular Meeting October 20, 2003 .." ...., Mayor Schmidt spoke of the people speeding on u.S. #1 between Edgewater and the high school. He feels maybe it is time to put what they need to in place to slow things down. Chief Ignasiak agreed to take care of it. Mayor Schmidt called for a ten-minute recess at this time. The meeting recessed at 8:08 p.m. and reconvened at 8:21 p.m. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Tanya Girvan, owner of No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity Permit for a Christmas Poker Run, with outdoor music, to be held November 9, 2003 Police Chief Ignasiak and Fire Chief Barlow briefed Council on there being very few complaints during Biketoberfest. Councilwoman Lichter mentioned hearing from Mr. Anderson during the re-enactment who was concerned about there being live ammo. Chief Ignasiak confirmed there was no live ammo. City Manager Hooper gave Deputy City Clerk Bloomer a letter from Mr. Anderson that was delivered to his house Saturday morning. 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 the Special Activitv Permit for a Christmas Poker Run, with outdoor music, to be held November 9, 2003 at the No Name Saloon, second bv Councilwoman Lichter. The MOTION CARRIED 3-0. B. Public Hearing, Tanya Girvan, owner of No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity Permit for a Wing Cook-Off, with outdoor music, to be held January 11, 2004 (rain date January 18, 2004) City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -4- Council Regular Meeting October 20, 2003 ~ ...." Councilwoman Rhodes moved to approve the for a Wina Cook-Off, with outdoor music, 2004 (rain date January 18, 2004) at the by Councilwoman Lichter. Special Activity Permit to be held Januarv 11, No Name Saloon, second The MOTION CARRIED 3-0. C. Public Hearing, Richard Fromm, owner of Rich's Place, 2576 S. Ridgewood Avenue, requesting a Special Activity Permit for an Annual Toys-for-Tots Poker Run, with outdoor music, to be held November 23, 2003 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 the Special Activity Permit for an Annual Toys-for-Tots Poker Run, with outdoor music, to be held November 23, 2003 at Rich's Place, second by Councilwoman Rhodes. The MOTION CARRIED 3-0. D. 2nd 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.), requesting Planned Unit Development (PUD) Agreement approval an 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 City Manager Hooper made a staff presentation and answered questions presented by Councilwoman Lichter and Councilwoman Rhodes. Paralegal Matusick read Ord. 2003-0-21 into the record. Glenn Storch, Storch & Morris, representing Forte McCaulay, made a presentation. City Manager Hooper and Attorney Storch answered questions presented by Councilwoman Lichter and Councilwoman Rhodes. Page -5- Council Regular Meeting October 20, 2003 ~ ...."., 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, JoAnn Heeb, 115 N. Riverside Drive Henry Dardinski, 2704 Sabal Palm Drive Rav Donofrio, 2213 Pine Tree Drive Anton Heeb, 616 N. Riverside Drive Diana Adkins, 1405 S. Riverside Drive Mike Visconti, 316 Pine Breeze Drive Chris Balmer, 148 William street Dale Williams, owner of property being discussed John Cordeiro, 1515 Pine Tree Drive Doris Hill, formerly of Edgewater Paul Jenkins, Willow Oak Drive, Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2003-0-21, Coral Trace, LLC, with Elizabeth Kennedy as authorized aqent and Forte McCaulay as developer (owner, Proqressive Land Development Inc.), reauestina P~anned Unit Development (PUD) Aareement approval an associated Zoninq Map amendment to chanqe 63.69+ acres of property located north of SR 442 and west of Lvbrand Avenue from Volusia County A-3 (Transitional Aqriculture) to City RPUD (Residential Planned Unit Development) to create a 200 maximum uni t subdivision to be known as Coral Trace, second by Councilwoman Lichter. The MOTION CARRIED 3-0. Page -6- Council Regular Meeting October 20, 2003 '-' '-t' E. Res. No. 2003-R-22, amending the By-laws of the Citizen Code Enforcement Board for a uniform set of procedures in conjunction with other City Boards City Manager Hooper made a staff presentation. Paralegal Matusick read Res. 2003-R-22 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Res. 2003-R-22, amendina the Bv-laws of the Citizen Code Enforcement Board for a uniform set of procedures in coniunction with other Citv Boards, second bv Councilwoman Rhodes. The MOTION CARRIED 3-0. Mayor Schmidt called a five-minute recess at this time. The meeting recessed at 9:53 p.m. and reconvened at 10:00 p.m. 7 . BOARD APPOINTMENTS A. MPO Citizen Advisory Committee - Mayor's appointment to replace Nora Jane Gillespie B. MPO Pedestrian Task Force - Mayor's appointment to replace Bob McGovern Mayor Schmidt pulled items 7A & 7B from the agenda due to not being prepared to make those appointments yet. 8. CONSENT AGENDA A. Law Enforcement Block Grant - staff recommending approval to accept a $10,000 grant to be used for various police equipment and authorize a cash match of $1,479.60 B. Agreement for Services and Materials for Municipal Election - staff recommending approval of the Agreement between the County of Vol usia Election Department and the City of Edgewater for the November 4, 2003 General Election, and authorize the City Manager to execute the Agreement Page -7- Council Regular Meeting October 20, 2003 ...... .."", Councilwoman Rhodes moved to approve the Consent Aqenda, second by Councilwoman Lichter. The MOTION CARRIED 3-0. 9. OTHER BUSINESS A. Tree Permit for Removal of one (1) Historic Live Oak Tree - Jerry Peterson, 2814 Needle Palm Drive, requesting a Tree Permit to remove one (1) 44-inch Historic Live Oak Tree from this property to build a new single-family residence city Manager Hooper made a staff presentation. There was a brief discussion regarding the City adopting the minimum standards originally adopted by the County. Petronella Uyttewaal, 3129 Sabal Palm Drive, asked to place four of the seventeen trees on her property. She was informed she could do that. Ms. Uyttewaal stated she would keep four of the trees and donate thirteen trees to the City. City Manager Hooper informed her when she comes to get the permit she will need to work out the details of what she wants to do. Council woman Rhodes moved for approval for a Tree Permi t to remove one (1) 44-inch Historic Live Oak Tree from 2814 Needle Palm Drive to build a new sinqle-family residence, second by Councilwoman Lichter. The MOTION CARRIED 3-0. B. Tree Permit for Removal of one (1) Historic Live Oak Tree - SeaGate Homes, 2209 Mango Tree Drive, requesting a Tree Permit to remove one (1) Historic Live Oak Tree from this property to build a new single-family residence This item was withdrawn from the agenda. C. Construction of Water Main - staff recommending approval of Notice to Award Bid to McMahan Construction Company, Inc. for the construction of the Hazelwood River Road water main for the low bid of $125,650 and authorize the Mayor/City Manager to execute the contract Page -8- Council Regular Meeting October 20, 2003 .... ...", City Manager Hooper made a staff presentation and answered questions presented by Council. Councilwoman Lichter moved to approve the Notice to Award Bid to McMahan Construction Company, Inc. for the construction of the Hazelwood River Road water main for the low bid of $125,650 and authorize the Mayor/City Manaaer to execute the contract, second by Councilwoman Rhodes. The MOTION CARRIED 3-0. D. Purchase of Water/Wastewater Chemicals - staff recommending approval of Notice to Award Bids to Air Liquide for liquid carbon dioxide for an estimated annual cost of $25,900 and Global stone Tenn Luttrell Company for quicklime at an estimated annual cost of $90,210 City Manager Hooper made a staff presentation. Councilwoman Rhodes moved to approve the Notice to Award Bids to Air Liauide for liauid carbon dioxide for an estimated annual cost of $25,900 and Global stone Tenn Luttrell Company for auicklime at an estimated annual cost of $90,210, second by Councilwoman Lichter. The MOTION CARRIED 3-0. 10. OFFICER REPORTS A. Deputy City Clerk Bloomer had nothing at this time. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper informed Council when one of our subdivisions was approved it had offsite drainage. In the back of Pelican Cove West is a block wall. There have been erroneous permits that were issued in the past, at least one in 1997, and there are three other places somebody cut out the wall behind Pelican Cove West. This is a wall that divides the subdivision from Florida Shores that has a planting strip and easement that separates the two. Page -9- Council Regular Meeting October 20, 2003 ...,. ~ City Manager Hooper further explained the individuals were using this as access to their back carport or garage. When this drainage was put in he didn't let them rebuild the driveway. He has spoken to City Attorney Cookson and we are on good ground. They have contacted City Manager Hooper angry and he hasn't been able to solve or convince them of the issue so he is sure the Council will hear from them. Councilwoman Lichter spoke of there possibly being a few other walls in the City that have the same problem, such as Shangri-La. City Manager Hooper clarified there being drainage under the wall. This is a cut. Mayor Schmidt asked if they leave the cuts in the wall. City Manager Hooper stated his intent is to notify the homeowners association and tell them they have a problem and start from there. It will turn into a Code Enforcement issue. It will turn into a lot of things before this is done. City Manager Hooper informed Council they opened proposals for the 60-acre PreStressed Concrete site last Thursday. They received four proposals. He would like to hold a Special Meeting in November, possibly November loth. Mayor Schmidt suggested November loth from 3 p.m. to 5 p.m. It was the consensus of Council to hold the meeting November loth from 3 p.m. to 5 p.m. 11. CITIZEN COMMENTS/CORRESPONDENCE Debra Donofrio, 2213 Pine Tree Drive, expressed concern regarding lots being cleared in Florida Shores. She asked if there is any way to stop them from desecrating the whole piece of land. There is a lot that has a house on it in the 2000 block of Orange Tree and she couldn't see a tree on it. There were two on the back end of the lot line hanging over into the neighbors yard next door. Councilwoman Lichter mentioned Mr. Grossman on Mango Tree taking her for a tour to see the destruction of the trees in his neighborhood. She spoke to city Manager Hooper about it and he has promised to look into this problem and form a Committee to try to look at what they are going to do. The way it is set up now is they can do it if they replace. She feels this needs to be changed and made more stringent. Page -10- Council Regular Meeting October 20, 2003 ,.., ...." Ms. Donofrio stated she has made calls regarding a beautiful oak tree that was taken down on a lot on the corner of Pine Tree and 22nd street. She watched them take down almost every tree on that lot except trees right along the power line. city Manager Hooper spoke about Florida Shores already being platted. A new subdivision has to do a tree survey and have to go in and provide staff with a survey identifying every tree on the site and the diameter. Florida Shores doesn't fall under any of those rules. Councilwoman Lichter stated on the other hand you have residents that do not want those trees. Councilwoman Lichter informed Ms. Donofrio to get in touch with Assistant City Manager Liz McBride and she will give her Mr. Grossman's phone number. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 10:28 p.m. Minutes submitted by: Lisa Bloomer Page -11- Council Regular Meeting October 20, 2003