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03-01-2004 - Regular ..., ...." CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 1, 2004 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 Dennis Vincenzi 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 A. Regular Meeting of January 26, 2004 Councilwoman Lichter moved to approve the Januarv 26, 2004 minutes, second bv Councilwoman Rhodes. The MOTION CARRIED 5-0. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members There were no Board/Committee members to be recognized. JoAnne Sikes, City Historian, 130 E. Palm Way, presented Council and City Manager Hooper with the story she wrote regarding John Milton Hawks and Dr. Esther Hawks. She then mentioned enjoying being the historian of Edgewater. She informed Council of the talks she will be doing on March 3rd at 7: 00 p.m. and March 4th at 2:00 p.m. at the Edgewater Library. ..,. """" 4. CITIZEN COMMENTS There were no Citizen Comments at this time. 5. CITY COUNCIL REPORTS Councilwoman Rhodes thanked JoAnne Sikes for the booklet. Councilwoman Lichter asked if the Economic Development Board gets the SCORE Client Status Report. City Manager Hooper agreed to get a copy to them on Wednesday. Councilwoman Lichter stated the News Journal ran an article regarding the watering days. She feels with all the new residents in our community, they should let them know what the watering days and hours are. She suggested this be placed in the newsletter. Councilwoman Lichter spoke of the parking situation in Shangri La. She spoke of them parking in the street for many years. She received a call from a gentleman who lives there part time and he resents the situation very much that he can't park in the street anymore. Police Chief Ignasiak explained this is a State law that forbids parking on the street. The situation described by Councilwoman Lichter is dealt with on a case-by-case basis. Councilwoman Lichter stated she had one call on the first night of Bike Week. That resident lives next to the No Name Saloon. No matter what they are going to hear music there. She stated Code Enforcement Officer McGrath agreed to check out the situation and talk to them. Councilwoman Lichter spoke about the price of what people have to pay when they are not using water. The price discussed at the last meeting was strictly for water and sewer. It is not the price for not using recycling and all the other things that go under utilities. There is a higher price for that, that might be $44.35, without being there. Mayor Schmidt had nothing at this time. Page -2- Council Regular Meeting March 1, 2004 '-'" ~ Councilman Brown stated he received three phone calls on noise complaints. He went down there and the Code Enforcement people were taking care of the problem. It appears to him that they are allowing too many days in a row. He feels the amount of days in a row may need to be readdressed. He feels ten days in a row is a bit excessive to allow outdoor bands. Councilwoman Lichter would like to hear from Code Enforcement. Councilwoman Rhodes stated they have a memo with a breakdown. Mayor Schmidt stated they would go over that in a little while. Councilman Vincenzi had nothing at this time. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, John Adkins requesting preliminary plat approval for property located at 1320 S. Riverside Drive City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve the preliminary plat approval for property located at 1320 S. Riverside Drive, second by Councilwoman Lichter. The MOTION CARRIED 5-0. B. 2nd Reading, Ord. No. 2004-0-08, City of Edgewater requesting an amendment to the Official Zoning Map to include 15.52+ acres of property located at 3001 S. Ridgewood Avenue (Sea Pines Memorial Gardens) as p/SP (Public/Semi-Public) Paralegal Matusick read Ord. 2004-0-08 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -3- Council Regular Meeting March I, 2004 '-'" ...." Councilwoman Lichter moved to approve Ord. 2004-0-08, City of Edaewater reauestina an amendment to the Official Zonina Map to include 15.52+ acres of property located at 3001 S. Ridaewood Avenue (Sea Pines Memorial Gardens) as p/SP (Public/Semi-Public), second by Councilwoman Rhodes. The MOTION CARRIED 5-0. C. 2nd Reading, Ord. No. 2004-0-09, city of Edgewater requesting an amendment to the Official Zoning Map to include 24.20+ acres of property located at 600 Roberts Road (Indian River Elementary School) as p/SP (Public/Semi-Public) Paralegal Matusick read Ord. 2004-0-09 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 Vincenzi moved to approve Ord. 2004-0-09, City of Edaewater reauestina an amendment to the Official Zonina Map to include 24.20+ acres of property located at 600 Roberts Road (Indian River Elementary School) as p/SP (Public/Semi-Public), second by Councilwoman Lichter. The MOTION CARRIED 5-0. D. 2nd Reading, Ord. No. 2004-0-10, City of Edgewater requesting an amendment to the Official Zoning Map to include 37.98+ acres of property located at 3171 S. Ridgewood Avenue (st. Gerard's Church) as p/SP (Public/Semi-Public) Paralegal Matusick read Ord. 2004-0-10 into the record. 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 March 1, 2004 ..., ~ Councilwoman Lichter moved to approve Ord. 2004-0-10, City of Edaewater reauestina an amendment to the Official Zonina Map to include 37.98+ acres of property located at 3171 S. Ridaewood Avenue (st. Gerard's Church) as p/SP (Public/Semi-Public), second by Councilwoman Rhodes. The MOTION CARRIED 5-0. 7. BOARD APPOINTMENTS There were no Board Appointments at this time. 8. CONSENT AGENDA A. Firefighters' Pension Fund - Firefighter's Pension Board requesting approval of the proposed investment policy Councilwoman Rhodes moved to accept the Consent Aaenda, second by Councilwoman Lichter. The MOTION CARRIED 5-0. 9. OTHER BUSINESS A. Western Reserve Area Utilities - staff recommending approval of Notice to Award Bid to Progressive Contractors, Inc. for the amount of $1,296,292.10; enter into a contract with Forte Macaulay Development Consultants, Inc. for the amount of $769,769.00 to install certain infrastructure as part of the project and authorize the Mayor or City Manager to execute the documents City Manager Hooper made a staff presentation. City Manager Hooper answered questions presented by Councilwoman Lichter and Councilwoman Rhodes. Page -5- Council Regular Meeting March 1, 2004 -.,. ..." Councilwoman Lichter moved to approve the Notice to Award Bid to Proqressive Contractors, Inc. for the amount of $1,296,292.10; enter into a contract with Forte Macaulay Development Consultants, Inc. for the amount of $769,769.00 to install certain infrastructure as part of the proiect and authorize the Mayor or City Manaqer to execute the documents for the Western Reserve Area utilities, second by Councilman Vincenzi. The MOTION CARRIED 5-0. 10. OFFICER REPORTS A. city Clerk Wadsworth city Clerk Wadsworth stated responses are starting to come in from the survey in the newsletter. Councilwoman Lichter mentioned attending the Senior Advisory Board meeting and them getting real excited about the possibility of some type of senior transportation in Edgewater. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper asked Fire Chief Barlow to give a report on what has occurred to date during Bike Week. Councilwoman Lichter spoke of one complaint from Rich's Place and they didn't even have music. Councilwoman Rhodes expressed concern that on February 29th at 7:15 p.m. the band was too loud and then again at 8:15 p.m. the band was too loud. She asked if there is any way to tell Tanya that that is going to be the one thing that is going to kill her. She knows it is the band and isn't blaming Tanya. She knows when you say something to her she does everything she can to correct the problem. Fire Chief Barlow stated he isn't convinced if it is the same band. He spoke of new bands bringing their own amplifiers and when they are asked to turn it down they do stay consistent. He spoke of an incident where they were extremely cooperative with him. He spoke of the weather conditions causing the sound to carry. Page -6- Council Regular Meeting March 1, 2004 ...., ."",., Fire Chief Barlow feels overall they have been very pleased. He spoke of an incident where the No Name was extremely cooperative with him. He spoke of the weather conditions causing the sound to carry. City Manager Hooper spoke of sign regulations. Coming up on March 8th is the time frame in which there will be a repeat visit to those that have signs out of compliance, being about 35, with 10 or 15 of those being banner signs. Mayor Schmidt stated he has had a few people ask him that know they are going to get a notice of violation that wanted to make sure there is no fine that is starting with that. City Manager Hooper stated on the week of March 8th Fire Chief Barlow and his staff will meet with them and describe the corrective action that needs to take place. It is up to them to come to the Building Department/Planning Department and confirm that is what they are going to do and then there are sign agreements which will enable that person to come into compliance over a period of time. City Manager Hooper stated they will come back to Council individually. Councilman Vincenzi asked what kind of time frame. City Manager Hooper stated he thinks they are looking up to a year. Councilwoman Lichter commented on beautifying the City, including the signs in front of shopping centers that have signs for every store. City Manager Hooper commented on the sign regulations going into effect in July of 2000. He spoke of complaints because each business was not informed letting them know the problem and the corrective action. He further commented on the phase in period that lasted a little over four years and now they are knocking on the door saying here is the problem and they need some more time. There was a discussion regarding there being a variety of sign problems. Some are legitimate complaints and some may take some interpretation. They are focusing on areas such as u.S. #1, SR 442, Park Avenue and the commercial areas. Once they get compliance there then they will focus on Guava, Hibiscus and some of the smaller areas. City Manager Hooper answered questions presented by Councilman Vincenzi and Councilwoman Lichter. Page -7- Council Regular Meeting March 1, 2004 ...... ..., city Manager Hooper further commented on the purpose of the sign agreement. city Manager Hooper informed Council of a shortlist of seven projects that will give them an update on where they stand. city Manager Hooper informed Council there is a meeting on March 8th between the Volusia County Council, the City Council and Oak Hill involving the lawsuit about the annexation. City Manager Hooper referred to a map showing what Volusia County and the City has opposed. He commented on a mediation-type meeting that was held between the City of Oak Hill, Volusia County and the City of Edgewater. He further commented on what they have asked for to date. City Manager Hooper informed Council if they want to meet one on one before the March 8th meeting they can do that. City Manager Hooper further commented on the process if it is not settled. City Manager Hooper spoke of Oak Hill arguing that the City of Edgewater's annexation of right-of-way on u.s. #1 has impacted this and that the County did not oppose our annexation which they did. City Manager Hooper and Mayor Schmidt attended a meeting and convinced them that we would not use U.S. #1 right-of-way for anything to make something contiguous and we have stuck by that. Councilwoman Lichter spoke about the meeting that was held between the City of Edgewater and Oak Hill to talk about potential boundary lines. She mentioned Oak Hill not having the ability to provide services. 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items The following citizens spoke: Paul Jenkins, Willow Oak Drive Mike Visconti, 316 Pine Breeze Drive Page -8- Council Regular Meeting March 1, 2004 \". ~ ~ 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 7:57 p.m. Minutes submitted by: Lisa Bloomer Page -9- Council Regular Meeting March 1, 2004