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05-03-2004 - Regular '-" ..""" CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 3, 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 Excused 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 Mayor Schmidt recognized Laura Reilly for being reappointed to the Firefighters Pension Board. B. Healthy Start Coalition of Flagler and Volusia Counties Execute Director Lize Kalashian reporting on their services and requesting funding This item will be rescheduled due to Ms. Kalashian not being able to be present. ~ ~ C. Mayor Schmidt proclaiming May 16-22, 2004, National Public Works Week Mayor Schmidt read a proclamation declaring May 16-22, 2004 as National Public Works Week. 4. CITIZEN COMMENTS The following citizens spoke: John Cordeiro, 1515 Pine Tree Drive ~ke Visconti, 316 Pine Breeze Drive ~ke Gordon, Carter's Motel, 2450 S. Ridgewood Avenue 5. CITY COUNCIL REPORTS Councilwoman Rhodes had nothing at this time. Councilwoman Lichter spoke of a letter they received from a homeowner's group that were complaining about the EVAC sirens blaring. Fire Chief Barlow commented on his conversation with the gentleman. Councilwoman Lichter spoke of the Grand Opening she attended of the American Legion Post 285 in their new headquarters behind Peggy's. Councilwoman Lichter spoke of reading the proclamation for JoAnne Sikes, the City Historian, at the dinner honoring her at the YMCA. Councilwoman Lichter commented on the article in the newspaper about the Water Authority of Volusia. Every city in this County has joined together except Oak Hill and Pierson. Councilwoman Lichter further commented on the Water Authority of Volusia. She spoke of City Manager Hooper being on the Finance Committee and recently being on the Selection Committee for the engineer, which was picked this week. Page -2- Council Regular Meeting May 3, 2004 ~ ..", Councilwoman Lichter spoke of the City paying dues to the Water Alliance. They have gone through every angle of ways to raise money so they can build the things we will need in cooperation with the other cities. In about 10 years, the water will pay for itself when we sell to each other. She will bring back any plans they may start to formulate this Wednesday to the City Council for their approval. Councilwoman Lichter informed Council of a complaint she received regarding the stop sign at the end of Roberts Road. The gentleman has said it has in essence become a four way stop and he doesn't feel that is necessary. She asked that Chief Ignasiak look at this. Mayor Schmidt had nothing at this time. Councilman Brown thanked the news people for bringing up the gun guards that are available for free through the Police Department. He recommended everyone that has a gun at home to pick one up. Councilman Brown spoke of the mentor seminar he and Mayor Schmidt attended in st. Petersburg. Last Friday he attended a Mentor dinner. It was brought to his attention that there are a lot of kids that do not have anybody as a mentor. He spoke of City employees that volunteer to be mentors are given an hour a week to go and be a mentor. He proposed they implement a program such as this. City Manager Hooper asked Council if they wanted him to see if there is interest. It was the consensus of Council for City Manager Hooper to look into it. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, to discuss commercial garbage collection and hauling, including construction and demolition materials, within the City of Edgewater and potential changes to the existing practice City Manager Hooper made a staff presentation. City Manager Hooper answered questions presented by Councilwoman Lichter, Councilwoman Rhodes and Councilman Brown. Mayor Schmidt opened the public hearing. Page -3- Council Regular Meeting May 3, 2004 "--' ....." The following citizens spoke: M2ke Gordon, 2450 S. Ridgewood Avenue Chris Balmer, 148 William street Pam Gordon, 2450 S. Ridgewood Avenue city Manager Hooper informed Council if they let him proceed tonight, they are telling him to advertise the ability to bring in a contractor and bring in the prices for Council to look at. Pat Card, 3019 Willow Oak Drive Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to authorize an RFP to be advertised, second by Councilwoman Lichter. The MOTION CARRIED 4-0. B. 1st Reading, Ord. No. 2004-0-20, Bruce Moss requesting a change in zoning classification to City 1-2 (Heavy Industrial) for 3.29~ acres of property located at 117 N. Flagler Avenue Paralegal Matusick read Ord. 2004-0-20 into the record. City Manager Hooper made a staff presentation. City Manager Hooper answered questions presented by Councilwoman Lichter. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-20, Bruce Moss reauestinq a chanqe in zoninq classification to City I-2 (Heavy Industrial) for 3.29+ acres of property located at 117 N. Flaqler Avenue, second by Councilman Brown. The MOTION CARRIED 4-0. 7 . BOARD APPOINTMENTS Page -4- Council Regular Meeting May 3, 2004 ., ...., There were no Board Appointments at this time. 8. CONSENT AGENDA A. Surplus items - staff recommending approval to declare a list of assets as surplus and allow for disposal by auction or trash Councilwoman Rhodes moved to approve the Consent Aqenda, second bv Councilman Brown. The MOTION CARRIED 4-0. 9. OTHER BUSINESS A. Amendment to ParkTowne Industrial Center Development Agreement - staff recommending approval of Amendment to allowing a fraternal lodge (Elks Club) within 1,000 feet of the entrance and direct the City Manager to obtain approval from property owners within ParkTowne City Manager Hooper made a staff presentation. City Manager Hooper answered questions presented by Councilwoman Lichter. Mayor Schmidt opened the public hearing. The following citizens spoke: John Cordeiro, 1515 Pine Tree Drive Jack Parker, New Smyrna Beach resident, Elks Club Treasurer ~ke Gordon, 2450 S. Ridgewood Avenue Bill ~ller, 2131 S. Riverside Drive Pat Card, 3019 Willow Oak Drive Ferd Heeb, 115 N. Riverside Drive ~ke Visconti, 316 Pine Breeze Drive Bob Lott, 2112 S. Riverside Drive Page -5- Council Regular Meeting May 3, 2004 '-" ....., Brad stewart, 500 Pullman Road, Chipmunk Hardwoods Darwin Schneider, 2732 Silver Palm Drive, NIT Holdings Walt Warninq, Viking Industries, NIT Holdings Joe Martin, Chairman, Economic Development Board & NIT Holdings Garv Sanford, 1610 Travelers Palm Drive, Representing Elks Club There was a brief discussion regarding who has a vote from ParkTowne. City Manager Hooper informed Council tonight he would like them to tell him what to do. If they want him to go back and address individuals he will do that. He then spoke of restrictive covenants that gives the majority which is 50% plus one the ability to do and say some things. That is not in place today but will be in place very soon. City Manager Hooper informed Council in order to modify the development agreement one of two things would have to occur. Everybody agrees or this parcel can come out. That is up to Council to decide that. Jim Sowers, Travelers Palm Drive Oscar Zeller, Property Owner, ParkTowne Industrial Center Ferd Heeb, 115 N. Riverside Drive Mayor Schmidt called a ten-minute recess at this time. The meeting recessed at 8:50 p.m. and reconvened at 8:58 p.m. Joe Martin, Chairman, Economic Development Board & NIT Holdings Bill Mever, Elks Club member Walt Warninq, Viking Industries, NIT Holdings Mayor Schmidt closed the public hearing. Councilwoman Lichter, Councilwoman Rhodes, Councilman Brown and Mayor Schmidt all presented their feelings on the matter. It was the consensus of the Council for City Manager Hooper to talk to the original signers and see what he can do. Page -6- Council Regular Meeting May 3, 2004 '-" ...""" city Manager Hooper agreed to bring this back at the first meeting in June. Mayor Schmidt feels he has not heard a clear reason why the Elks should not go into ParkTowne. B. Metal Roof Replacement - staff recommending approval of Notice to Award Re-Bid to Division 7 Roofing and Sheet Metal, Inc. for a roof replacement on the Public Works Facility at a cost of $47,886.00 and authorize the Mayor/City Manager to execute the agreement City Manager Hooper made a staff presentation. Councilwoman Rhodes moved to approve the Notice to Award Re-Bid to Division 7 RoofinO' and Sheet Metal, Inc. for a roof replacement on the Public Works Facility at a cost of $47,886.00 and authorize the Mayor/City ManaO'er to execute the aO'reement, second by Councilwoman Lichter. The MOTION CARRIED 4 -0. C. Tentative Budget Schedule - for fiscal year 2005 City Manager Hooper made a staff presentation. 10. OFFICER REPORTS A. City Clerk City Clerk Wadsworth had nothing at this time. B. City Attorney Paralegal Matusick had nothing at this time. C. City Manager City Manager Hooper commented on the letter he received back from Florida Recycling. They wrote a response saying it was cost prohibitive. They chose not to. He is at the point now of writing them a letter of saying do it or we will terminate the contract. Before he does, he wants to make sure that is what Council wants him to do. The way the contract is written, the sole determination is up for the Council to determine and that their position through him is they may terminate the contract. Page -7- Council Regular Meeting May 3, 2004 ...... ....., It was the consensus of Council for Florida Recycling to either provide two people on a truck or the contract is over. 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments/Correspondence at this time. A. Tentative Agenda Items There were no Tentative Agenda Items to be discussed at this time. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:33 p.m. Minutes submitted by: Lisa Bloomer Page -8- Council Regular Meeting May 3, 2004