11-03-2003 - Regular
.......
...",
CITY COUNCIL OF EDGEWATER
REGULAR MEE TING
NOVEMBER 3, 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
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. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
A. Recognition of appointed/reappointed Board/Committee
members
Councilman Hammond recognized one of his employees, Eric Stewart,
for being awarded for helping with the rescue of someone in an
accident on 1-95. He also commented on an award Mr. Stewart will
be receiving November 22nd, the American Towmen Medal Award,
which is the highest honor that can be bestowed upon a citizen in
the towing business.
4. CITIZEN COMMENTS
The following citizens spoke during Citizen Comments:
Pat Card, 3019 Willow Oak Drive
......
....,
John Cordeiro, 1515 Pine Tree Drive
Bob Lott, 2112 S. Riverside Drive
Dominic Capria, 606 Topside Circle
Ferd Heeb, 115 N. Riverside Drive
Mike Visconti, 316 Pine Breeze Drive
Andv Anderson, Pine Tree Drive
5. CITY COUNCIL REPORTS
Councilwoman Lichter asked City Manager Hooper if Volco Road is
in the County. She mentioned Volco Road being an entrance into
Florida Shores and this being a deplorable road. She asked to
send a letter to the County asking them to clean it up.
Councilwoman Lichter complimented the Leisure Services Department
personnel for the Fall Festival. She spoke of being a judge and
how difficult it is. Next year she would like to see prizes for
every child that participates plus the first, second and third
place prizes.
Councilwoman Lichter commented on what a pleasure it has been
working with Councilman Hammond again.
Mayor Schmidt feels the lighting on Roberts Road needs to be
looked at as well as the railroad crossing on Roberts Road.
City Manager Hooper explained part of the new local impact fees
for roads will be used to enhance Roberts Road.
Mayor Schmidt stated where the pavement ends, they need to send
somebody out tomorrow to go out and throw some dirt at the edge
of the pavement.
Mayor Schmidt thanked the Committee for the Decade of Excellence
and further spoke on the Decade of Excellence. He spoke of a
flyer he received with all of the negatives of the project being
misinformation.
Councilman Brown commented on the Fall Festival and Drug Free
Youth Fair.
Page -2-
Council Regular Meeting
November 3, 2003
~
..",
Councilman Brown also thanked the Committee for the Decade of
Excellence.
Councilman Hammond stated this is his last night and it has been
a privilege working with everyone.
Councilwoman Rhodes wished Councilman Hammond good luck.
Councilwoman Rhodes asked where we are with SR 442. City Manager
Hooper stated the contractor has indicated he was going to wrap
it up the latter part of November. Substantial completion is
around the first week in January and final completion goes into
the second week in February.
Councilwoman Rhodes also thanked the Committee for the Decade of
Excellence.
Councilwoman Rhodes stated for clarification for anybody that
doesn't understand she also pays taxes in this City.
Mayor Schmidt stated he had the pleasure the other night of going
to the Fire Department's swearing in of its officers. He thanked
the Association for everything they do.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 1st Reading, Ord. No. 2003-0-24, Dupuis and Jacobs at
Edgewater LLC, authorized agent for owners Gregory and
Rose Hoffman, requesting annexation of 1.46~ acres of
property located at 3725 US 1
City Manager Hooper made a staff presentation regarding Items A -
F.
City Manager Hooper answered questions presented by Councilwoman
Lichter and Mayor Schmidt.
Paralegal Matusick read Ord. 2003-0-24 into the record.
Mayor Schmidt opened the public hearing.
The following citizens spoke:
Leon Alcantara, owner of building at 3691 US 1
Page -3-
Council Regular Meeting
November 3, 2003
'-'
...",
There was a brief discussion regarding how many units can be put
on the property per acre based on the County and the City.
Mr. Alcantara expressed concern that he would be forced to annex
into the City and he doesn't want this to happen.
Rob Merrill, Cobb & Cole, 150 Magnolia Avenue, Daytona Beach
Bill Hvlwa, 3014 Pine Tree Drive
Ferd Heeb, 115 N. Riverside Drive
Mayor Schmidt closed the public hearing.
Councilwoman Lichter moved to approve Ord. 2003-0-24, Dupuis and
Jacobs at Edcrewater LLC, authorized acrent for owners Grecrory and
Rose Hoffman, reauestincr annexation of 1.46+ acres of property
located at 3725 US 1, second by Councilman Hammond.
The MOTION CARRIED 5-0.
B. 1st Reading, Ord. No. 2003-0-25, Dupuis and Jacobs at
Edgewater LLC, authorized agent for owners Gregory and
Rose Hoffman, requesting a Comprehensive Plan Future
Land Use Map amendment for a 1.46~ acres of property
located at 3725 US 1 from Volusia County Commercial to
City Commercial
Paralegal Matusick read Ord. 2003-0-25 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 Hammond moved to approve Ord. 2003-0-25, Dupuis and
Jacobs at Edcrewater LLC, authorized acrent for owners Grecrory and
Rose Hoffman, reauestincr a Comprehensive Plan FUture Land Use Map
amendment for a 1.46+ acres of property located at 3725 US 1 from
Vol usia County Commercial to City Commercial, second by
Councilman Brown.
The MOTION CARRIED 5-0.
Page -4-
Council Regular Meeting
November 3, 2003
'-'
.....,
C. 1st Reading, Ord. No. 2003-0-26, Dupuis and Jacobs at
Edgewater, LLC, authorized agent for owners Gregory and
Rose Hoffman, requesting a Zoning Map amendment for
1.46~ acres of property located at 3725 US 1 from
Volusia County B-4W (General Commercial) to City B-3
(Highway Commercial)
Paralegal Matusick read Ord. 2003-0-26 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. 2003-0-26, Dupuis and
Jacobs at Edcrewater, LLC, authorized acrent for owners Grecrorv and
Rose Hoffman, reauestincr a Zonincr Map amendment for 1.46+ acres
of property located at 3725 US 1 from Volusia County B-4W
(General Commercial) to Ci tv B-3 (Hicrhwav Commercial), second bv
Councilwoman Rhodes.
The MOTION CARRIED 5-0.
D. 1st Reading, Ord. No. 2003-0-27, Dupuis and Jacobs at
Edgewater LLC, owners, requesting annexation of 6.85+
acres of property located east of US 1 and south of
Canal Drive
City Manager Hooper made a staff presentation.
Paralegal Matusick read Ord. 2003-0-27 into the record.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Rhodes moved to approve Ord. 2003-0-27, Dupuis and
Jacobs at Edaewater LLC, owners, reauestincr annexation of 6.85+
acres of property located east of US 1 and south of Canal Drive,
second bv Councilwoman Lichter.
The MOTION CARRIED 5-0.
Page -5-
Council Regular Meeting
November 3, 2003
~
.....,
E. 1st Reading, Ord. No. 2003-0-28, Dupuis and Jacobs at
Edgewater LLC, owners, requesting a Comprehensive Plan
Future Land Use Map amendment for 6.85z acres of
property located east of US 1 and south of Canal Drive
from Volusia County Urban Medium Intensity and County
Commercial to City Low Density Residential with
Conservation Overlay
City Manager Hooper made a staff presentation and answered
questions presented by Councilwoman Lichter and Councilman
Hammond.
Paralegal Matusick read Ord. 2003-0-28 into the record.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2003-0-28, Dupuis and
Jacobs at Edqewater LLC, owners, requestinq a Comprehensive Plan
FUture Land Use Map amendment for 6.85+ acres of property located
east of US 1 and south of Canal Drive from Volusia County Urban
Medium Intensity and County Commercial to City Low Density
Residential with Conservation Overlay, second by Councilwoman
Rhodes.
The MOTION CARRIED 5-0.
F. 1st Reading, Ord. No. 2003-0-29, Dupuis and Jacobs at
Edgewater LLC, owners, requesting a Zoning Agreement
and associated Zoning Map amendment for 6.85z acres of
property located east of US 1 and south of Canal Drive
from Volusia County R-4W (Urban Single Family
Residential) and B-4W (General Commercial) to City RPUD
(Residential Planned Unit Development)
Paralegal Matusick read Ord. 2003-0-29 into the record.
City Manager Hooper made a staff presentation and answered
questions presented by Councilwoman Lichter.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Page -6-
Council Regular Meeting
November 3, 2003
"'-"
...."
Councilman Hammond spoke on growth and it being very hard to stop
growth when people keep moving in. Mention was also made of
controlled growth. City Manager Hooper feels they are doing that
by taking the property from a medium density to a lower density
by reducing the number of buildable units from the 50+ down to
21.
Councilman Hammond moved to approve Ord. 2003-0-29, Dupuis and
Jacobs at Edaewater LLC, owners, reauestina a Zonina Aareement
and associated Zonina Map amendment for 6.85+ acres of property
located east of US 1 and south of Canal Drive from Vol usia County
R-4W (Urban Sinale Family Residential) and B-4W (General
Commercial) to City RPUD (Residential Planned Unit Development),
second by Councilman Brown.
The MOTION CARRIED 5-0.
G. Emergency Ord. No. 2003-0-30, imposing a temporary
moratorium (six months) on the consideration and
permitting of private club, billiards, pools,
electronic garnes, game rooms, arcades, dance halls and
similar indoor entertainment and amusement facilities
pending the establishment of permitting criteria for
such activities
City Manager Hooper made a staff presentation.
Paralegal Matusick read Ord. 2003-0-30 into the record.
City Manager Hooper elaborated on what will occur.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilman Hammond moved to approve Ord. 2003-0-30, imposina a
temporary moratorium (six months) on the consideration and
permittina of private club, billiards, pools, electronic aames,
aame rooms, arcades, dance halls and similar indoor entertainment
and amusement facilities pendina the establishment of permittina
criteria for such activities, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
7 . BOARD APPOINTMENTS
Page -7-
Council Regular Meeting
November 3, 2003
~
....",
A. MPO Citizen Advisory Committee - Mayor's appointment to
replace Nora Jane Gillespie (pulled from agenda October
20, 2003)
B. MPO Pedestrian Task Force - Mayor's appointment to
replace Bob McGovern (pulled from agenda October 20,
2003)
Mayor Schmidt pulled Items A & B from the Board Appointments
section of the agenda until the first meeting in December. He
would like to get names of people from the community that might
be interested.
C. Citizen Code Enforcement Board - Councilwoman Rhodes to
consider Board's recommendation to fill the remaining
term of Tony Fowler, who resigned due to his business
schedule
Councilwoman Rhodes asked that this be tabled until the next
meeting.
8. CONSENT AGENDA
There were no items to be discussed on the Consent Agenda at this
time.
9. OTHER BUSINESS
A. Mariners Gate Subdivision - Edgewater Terrace Inc.
requesting a final plat approval for a 75 lot single-
family residential subdivision located east of Coco
Palm Drive, south of Pine Avenue and west of US 1
City Manager Hooper made a staff presentation and answered
questions presented by Councilwoman Lichter.
Counci~woman Rhodes moved for approva~ of the Mariners Gate
Subdivision - Edqewater Terrace Inc. requestinq a final plat
approval for a 75 lot sinqle-familv residential subdivision
located east of Coco Palm Drive, south of Pine Avenue and west of
US 1, second bv Councilman Hammond.
The MOTION CARRIED 5-0.
Page -8-
Council Regular Meeting
November 3, 2003
'w'
....""
10. OFFICER REPORTS
A. city Clerk Wadsworth reminded everyone the polls would
be open November 4th from 7 a.m. to 7 p.m. and
encouraged everyone to vote
B. Paralegal Matusick had nothing at this time.
C. City Manager Hooper stated they will be meeting three
times this month and proposed only meeting once in
December. They will talk about Charter Review
Committee appointments at this meeting.
11. CITIZEN COMMENTS/CORRESPONDENCE
Mike Visconti, 316 Pine Breeze Drive
Mayor Schmidt informed Mr. Visconti he and City Manager Hooper
are looking into opening up 28th Street to U.S. #1.
12 . ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 8:37 p.m.
Minutes submitted by:
Lisa Bloomer
Page -9-
Council Regular Meeting
November 3, 2003