03-01-2004 - Regular
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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.
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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.
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Council Regular Meeting
March 1, 2004
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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.
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Council Regular Meeting
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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.
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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.
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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.
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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.
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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
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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
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