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10-18-2004 - Regular '-" ..."" CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 18, 2004 7:00 P.M. COMMUNITY CENTER MINUTES 1 . CALL TO ORDER Vice Mayor Lichter 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 Vice Mayor Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Paralegal Robin Matusick Absent 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 Vice Mayor Lichter recognized Pat Card for being appointed to the Planning and Zoning Board. 4. CITIZEN COMMENTS The following citizens spoke: Dave Tavlor, 4641 Shady Oak Lane, spoke of leaving September 3rd and when he came back he noticed the trees had being taken down at Burger King. City Manager Hooper explained during that time frame several trees that maybe not appeared to have damage probably did, some branches so forth were removed. There was a ...... '-' period in there that permit fees were waived and you still needed a permit depending on the size of the trees. He agreed to look into this. Mr. Taylor stated he already spoke to the permit department and no permits have been pulled for that address. There were six trees taken out. City Manager Hooper agreed to further look into this. Vice Mayor Lichter informed Mr. Taylor he would get in touch with him and asked him to provide his phone number to the City Clerk. ~ke Visconti, 316 Pine Breeze Drive, stated Election Day is only 13 days away. He doesn't think the citizens of Edgewater know the importance of purchasing Regions Bank for the new City Hall. He would like to get a copy of the sample ballot or see it in the City newsletter. City Clerk Wadsworth informed him it would be included in the next newsletter. Mr. Visconti feels the bank purchase and renovation cost is very reasonable in comparison to building a new facility. He feels the City cannot afford to lose it this time. He offered to do whatever it takes to make this a reality. He encouraged the voters to go to the polls and to vote yes to purchase Regions Bank for a new City Hall. Vice Mayor Lichter commented on the number of people participating in the early voting. Dick Jones, 1530 Sabal Palm Drive, commented on having poor water pressure. He asked if the City has any plan for improving the water pressure. City Manager Hooper explained the City is looking to add storage and increase pressure with booster pumps but he doesn't think that is the answer. He rarely receives pressure complaints and offered to have Director of Environmental Services Terry Wadsworth and Mr. Jones talk to go over some options. Mr. Jones stated he would give Mr. Wadsworth a call. Mr. Visconti spoke of the old Walgreens sign in the Publix Shopping Center being a safety hazard. John Cordeiro, 1515 Pine Tree Drive, stated his water bill went up $13 this month and asked if there is a reason for that. City Manager Hooper stated nothing has changed. He spoke of having to do some averaging due to not being able to get to some meters over the last three months on water bills but there hasn't been a change in rates. He agreed to have someone look at his previous bill. Page -2- Council Regular Meeting October 18, 2004 ...... ...." Mr. Cordeiro spoke of having the recycled water shut off for three weeks during the hurricanes and there not being any adjustment for that. City Manager Hooper explained the recycled water was turned off because there was damage to the facility and there was debris piled up and people couldn't get to the recycled water. Dominic Capria, 606 Topside Circle, stated his water bill also went up $13 and they are very conservative. They are going to come out some time this week and check it out for him. Mr. Capria stated he got up for two things. One is the cleaning up of the debris, which he had mentioned at last month's meeting before Council voted to approve the millage rate. He asked a question about FEMA the state the Government put together and what would happen if it was approved. Low and behold it was approved except for 5% and we're not sure of that yet. Mr. Capria stated we had $600,000 for the clean up of the debris and according to the papers it has changed to $800,000 or maybe a million. If we are only going to pay 5% and we aren't sure of that yet, that means we would get $570,000. For $800,000 we would only pay $40,000 and $50,000 on a million. He asked at the last meeting what happens if this is approved, can the Council go back and go back to the rolled back rate. The answer was no because the deadline was October 1st. He isn't really sure about that. He has to do further checking on that. If the reimbursement is being paid by FEMA, the government and the state, where will those dollars go. Councilwoman Rhodes stated in order to have enough money to accommodate our budget, we needed a rate of 6.45. That was the millage rate we needed. In order to roll that back then and now, we would have had to cut capital projects out of our budget. We were reluctant to do that because we might have had to pay extra for the hurricanes, in which case we would have had to cut things out of our budget anyway to make up for that money. We are going to be able, if we recover 100% from FEMA, she doesn't think we are. She doesn't see it happening, certainly not before Election Day. If we received 100% compensation, then we will be able to accommodate our current budget and our reserve fund. Mr. Capria stated according to the papers it has all been approved except the 5%. Vice Mayor Lichter asked City Manager Hooper if we have the check. Page -3- Council Regular Meeting October 18, 2004 .... "wJI City Manager Hooper stated we haven't received a penny. By the time you get through and how much you write checks to get all the debris that was picked up and the things that qualify, they are telling you you get 90% back of things that qualify. The issue is what does qualify. They have spent the last two and a half months arguing with FEMA over what does and what doesn't. The City's cost are fixed. We had to pay the outside companies to come in and pick up. There is about $6 million of expenses that have gone out the door. Hopefully we will get most of it back. If it comes back, it will go back into the budget into the reserves and they will be able to deal with roll back next year. It will add to the reserve fund and replace what has been spent out of the reserve fund. If there is additional dollars in the reserve fund that will be brought to Council and they will decide to do roll back next year or some other function with it. Mr. Capria brought up Regions Bank and staff recommending approval of purchase and sale agreement between Regions Bank and the City of Edgewater. He questioned putting the cart before the horse. City Manager Hooper stated they are taking it off tonight and not have the contract on until the ballot language is voted yes or no. 5. CITY COUNCIL REPORTS Councilman Brown spoke on the benefit for Al Ward, a City employee, who is need of help and assistance and the turnout being tremendous. Councilwoman Rhodes had nothing at this time. Vice Mayor Lichter stated she got a call about dumping in a residential area. The debris was not from the home or business that was located there but persons were seen dumping over the weekend. She spoke of putting up no dumping signs. Vice Mayor Lichter stated she was to a meeting Saturday morning at the Library and the Librarian called her over to see the parking lot. There are a couple of grates in the parking lot, that is caddy corner to the Library, which have literally sunken in the ground. Before the three hurricanes it was down a bit and now it is down a lot. She feels the contractor may still be responsible and we better do something about it. City Manager Hooper agreed to look into this. Page -4- Council Regular Meeting October 18, 2004 '-' ...., 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, the Fraternal Order of Eagles, 132 W. Park Avenue, requesting a Special Activity permit for Biketoberfest with outdoor music, to be held October 21-23, 2004, and consider waiving the application fee City Manager Hooper made a staff presentation. Staff recommends approval. Mike Brown, Vice President, Fraternal Order of Eagles, explained that half of the donations are going to their regular donation funds and the other half is going toward hurricane disaster relief people needing assistance. Councilwoman Rhodes asked what the cost of processing this application is. City Manager Hooper explained the true cost is advertising. Councilwoman Rhodes didn't have a problem waiving the fee but would like to recoup our cost of processing the application. City Manager Hooper suggested they waive it minus the City's cost. Mr. Brown stated they would agree to that. Councilwoman Rhodes move to approve the Special Activitv permit for Biketoberfest with outdoor music, to be held October 21-23, 2004 and waive the $200 per day fee less the City's cost, second bv Councilman Brown. The MOTION CARRIED 3-0. B. 1st Reading, Ord. No. 2004-0-32, Glenn Storch, agent for Massey Enterprises and John S. Massey, Trustee, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 173.41~ acres of property Paralegal Matusick read Ord. 2004-0-32 into the record. Glenn Storch, Storch & Morris, representing Forte McCauley and Massey Enterprises, described the land use and zoning issues. Mike Evans, President, Forte McCauley, was also present. Vice Mayor Lichter expressed concern with the lakes filling to capacity and where the water will go. Mr. Storch elaborated on her concerns. Page -5- Council Regular Meeting October 18, 2004 "-' ~ Vice Mayor Lichter opened the public hearing. Gina Holt, 1798 Hideaway Lane, commented on the water that falls on this property being contained. She expressed concern with the water that flows being interrupted. She moved to Hideaway Lane in February and water was standing all around her property. Over the summer it dried up but with all of the hurricanes that water came back and is still standing. It doesn't seem possible to her that a project like this will not interrupt the flow of that water. Ms. Holt also expressed concern with bringing such a high density project into this very rural type area. She feels a precedent is being set. There is a lot of undeveloped property in this area and questioned which project the Council will say no to. If they allow something like this to happen, you won't be able to say no to the next guy down the line. She commented on this changing the character of that area. Mr. Storch elaborated on Ms. Holt's concerns. They are not legally able to divert stormwater in any manner and divert it on someone else's property. They have designed around that. They will maintain more stormwater on site then is presently there. It is one of the requirements under St. John's. Mr. Storch then commented on creating a precedent. Vice Mayor Lichter stated very often what a developer plans on In reality is not what happens. st. John's is very strict and becoming more so. Vice Mayor Lichter commented on the impact fees that the City has recently put on new development and development paying for itself in terms of the road in front of it, the impact on the environment, schools, Fire and Police. She further commented on Planned Unit Developments being a good way to use land so things won't happen like developments with hundreds of houses that don't have paved roads and all access onto a main street. Councilman Brown asked the amount of homes per acre. Mr. Storch informed him between four and five. Councilman Brown then asked the average. City Manager Hooper commented on this being medium density and there being between five and eight. This is the low side of medium density. The number on this one is about 4 ~ units to the acre, a total of 750 units on 173 or so acres. He further commented on clustering. Page -6- Council Regular Meeting October 18, 2004 '-' ...., Vice Mayor Lichter closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-32, Glenn Storch, aaent for Massev EnterPrises and John S. Massev, Trustee, reauestina an amendment to the Comprehensive Plan Future Land Use Map to include 173.41+ acres of property, second by Councilwoman Rhodes. The MOTION CARRIED 3-0. C. 1st Reading, Ord. No. 2004-0-33, Glenn Storch, agent for Massey Enterprises and John S. Massey, Trustee, requesting an amendment to the Official Zoning Map to include 173.41~ acres of property located near Old Mission Road and Park Avenue as RPUD (Residential Planned Unit Development) Paralegal Matusick read Ord. 2004-0-33 into the record. city Manager Hooper made a staff presentation. Mr. Storch informed Council this is not Coral Trace, it is Oak Leaf Preserve. At the request of Vice Mayor Lichter, Mr. Storch commented on what the zoning was in the County. Councilman Brown questioned if anyone has checked to see if there are any gopher turtles or scrub jays living on this property. City Manager Hooper explained that will come at a later date. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2004-0-33, Glenn Storch, aaent for Massey EnterPrises and John S. Massey, Trustee, reauestina an amendment to the Official Zonina Map to include 173.41+ acres of property located near Old M2ssion Road and Park Avenue as RPUD (Residential Planned Unit Development), second by Councilman Brown. The MOTION CARRIED 5-0. Page -7- Council Regular Meeting October 18, 2004 '-' """'" D. 1st Reading, Ord. No. 2004-0-34, Miranda Fitzgerald, agent for Oak Hill Land, LLC; Edgewater Partners, LLC; the Southeast Volusia Hospital District and Dixie Highway, LLC; requesting annexation of 68.79~ acres of property located west of US 1 and northwest of 4115 S. US 1 Paralegal Matusick read Ord. 2004-0-34 into the record. city Manager Hooper made a staff presentation. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-34, ~randa Fitzaerald, aaent for Oak Hill Land, LLC; Edaewater Partners, LLC; the Southeast Volusia Hospital District and Dixie Hiahwav, LLC; reauestina annexation of 68.79+ acres of property located west of US 1 and northwest of 4115 S. US 1, second bv Councilwoman Rhodes. The MOTION CARRIED 3-0. There was a ten-minute recess at this time. The meeting recessed at 7:55 p.m. and reconvened at 8:05 p.m. E. 1st Reading, Ord. No. 2004-0-35, Miranda Fitzgerald, agent for Oak Hill Land, LLC; Edgewater Partners, LLC; the Southeast Volusia Hospital District and Dixie Highway, LLC; requesting an amendment to the Official Zoning Map to include 68.79~ acres of property located west of US1 and northwest of 4115 S. US1 as Public/Semi-Public with Conservation Overlay City Manager Hooper made a staff presentation Paralegal Matusick read Ord. 2004-0-35 into the record. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. Page -8- Council Regular Meeting October 18, 2004 '-' "'WIll Councilwoman Rhodes moved to approve Ord. 2004-0-35, Miranda Fitzaerald, aaent for Oak Hill Land, LLC: Edaewater Partners, LLC,. the Southeast Volusia Hospital District and Dixie Hiahwav, LLC: reauestina an amendment to the Official Zonina Map to include 68.79+ acres of property located west of US1 and northwest of 4115 S. US1 as Public/Semi-Public with Conservation Overlav, second bv Councilman Brown. The MOTION CARRIED 3-0. F. 1st Reading, Ord. No. 2004-0-36, the City of Edgewater requesting an amendment to the Official Future Land Use Map to include 159.89~ acres of property located south of SR 442 and west of Old Mission Road as Conservation Paralegal Matusick read Ord. 2004-0-36 into the record. City Manager Hooper made a staff presentation. Vice Mayor Lichter opened the public hearing. The following citizens spoke: Pat Card, 3019 Willow Oak Drive, stated he wants to support this very much. The Turnbull Hammock is a traditional hardwood hammock, its not just a wetland. The less disturbance we do to it, the better off we will be. He is glad to see this is changing to non-developable. Gina Holt, 1798 Hideaway Lane, stated this is news to her and she is very happy to see it. Vice Mayor Lichter closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-36, the City of Edaewater reauestina an amendment to the Official Future Land Use Map to include 159.89+ acres of property located south of SR 442 and west of Old Mission Road as Conservation, second bv Councilwoman Rhodes. The MOTION CARRIED 3-0. G. 1st Reading, Ord. No. 2004-0-37, Halstead Resources, Inc., agent for Nohra Hohn and Thomas and Patricia Sokol, requesting annexation of 2.3~ acres of property located at 2203 S. Ridgewood Avenue Page -9- Council Regular Meeting October 18, 2004 ,.,. ,..., Paralegal Matusick read Ord. 2004-0-37 into the record. City Manager Hooper made a staff presentation. Vice Mayor Lichter opened the public hearing. Brad Haynes, 1103 S. Riverside Drive, was available to answer any questions. Vice Mayor Lichter asked for a better idea of where the property is. Mr. Haynes explained directly to the north is Friendly Shores Mobile Home Park and to the south is Pelican Drive. Councilman Brown questioned how wide the piece of property is. Mr. Haines informed him it ranges at its widest to just under 100 on u.S. #1 and down by the river you are looking at about 80. Vice Mayor Lichter closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2004-0-37, Halstead Resources, Inc., aaent for Nohra Hohn and Thomas and Patricia Sokol, reauestina annexation of 2.3+ acres of property located at 2203 S. Ridaewood Avenue, second bv Councilman Brown. The MOTION CARRIED 3-0. H. 1st Reading, Ord. No. 2004-0-38, the City of Edgewater requesting an amendment to the Goals, Objectives and Policies of the Comprehensive Plan Future Land Use element adding Policy 1.5.9 pertaining to the conversion of residential structures to professional office uses, and amendment to Police 1.6.6 pertaining to the SR 442 Corridor Overlay Zone Paralegal Matusick read Ord. 2004-0-38 into the record. City Manager Hooper made a staff presentation. Councilman Brown asked about entrances off of SR 442. City Manager Hooper explained you will have to come in off the side streets. There will be no additional driveway cuts. Vice Mayor Lichter asked about the facade and having uniformity. City Manager Hooper commented on having architectural design standards. Page -10- Council Regular Meeting October 18, 2004 ~ ...".; Vice Mayor Lichter asked if the circle is still planned for Riverside Drive and SR 442. City Manager Hooper informed her yes. Vice Mayor Lichter opened the public hearing. The following citizen spoke: Pat Card, 3019 Willow Oak Drive, asked if it would be reasonable to say that what is being done is the Land Development Code and Comprehensive Plan are being brought into compliance with one another. City Manager Hooper informed him yes. Mr. Card feels there is really no change here. This was approved at an earlier date. Vice Mayor Lichter closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-38, the City of Edqewater requestinq an amendment to the Goals, Obiectives and Policies of the Comprehensive Plan Future Land Use element addinq Policy 1.5.9 pertaininq to the conversion of residential structures to professional office uses, and amendment to Police 1.6.6 pertaininq to the SR 442 Corridor Overlay Zone, second by Councilwoman Rhodes. The MOTION CARRIED 3-0. 7. BOARD APPOINTMENTS A. General Employees Pension Board (5) - affirming City Manager's appointments of Brenda Johnson, Jon Williams, Robert DeLoach, Tyna Hilton, and Christi Moeller to serve three (3) year terms City Manager Hooper made a staff presentation. Councilwoman Rhodes moved to approve the appointment of Brenda Johnson, Jon Williams, Robert DeLoach, Tyna Hilton, and Christi Moeller to the General Employees Pension Board to serve three (3) year terms, second by Councilman Brown. The MOTION CARRIED 3-0. Page -11- Council Regular Meeting October 18, 2004 .. ...", B. Economic Development Board - nomination by Councilwoman Rhodes to fill the remaining term of Joe Martin due to his resignation Councilwoman Rhodes moved to appoint Eric Caplan to the Economic Development board, second by Councilman Brown. The MOTION CARRIED 3-0. Councilwoman Rhodes thanked Mr. Balmer. 8. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 9. OTHER BUSINESS A. Final Plat - Coral Trace, LLC requesting Final Plat approval for a 200-unit single family residential subdivision located north of SR 442 and west of Lybrand Avenue to be known as Coral Trace City Manager Hooper made a staff presentation. Vice Mayor Lichter asked if they have been through the hoops and get all of their permitting. City Manager Hooper informed her yes. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. Councilman Brown moved to approve the Final Plat - Coral Trace, LLC reauestinq Final Plat approval for a 200-unit sinqle family residential subdivision located north of SR 442 and west of Lybrand Avenue to be known as Coral Trace, second by Councilwoman Rhodes. The MOTION CARRIED 3-0. B. Regions Bank - staff recommending approval of a Purchase and Sale Agreement between Regions Bank and the City of Edgewater Page -12- Council Regular Meeting October 18, 2004 '-' ...., City Manager Hooper asked that this item be pulled from the agenda. He further explained they had a conference call with the bank with our attorney and their attorneys and the consensus was instead of going through all the gyrations that it takes to do this prior to the referendum, let's let the referendum dictate what process we are on and bring it back. C. Water/Wastewater Chemical Bids - staff recommending notice to award bid to Global stone Tenn Luttrel Company for high calcium quicklime for an estimated annual cost of $91,066.30, and to Air Liquide L.P. for liquide carbon dioxide for an estimated annual cost of $51,226.50 City Manager Hooper made a staff presentation. staff recommends approval to the low bidders. Councilwoman Rhodes moved to approve the notice to award bid to Global stone Tenn Luttrel Company for hiqh calcium quicklime for an estimated annual cost of $91,066.30, and to Air Liquide L.P. for liquide carbon dioxide for an estimated annual cost of $51,226.50, second bv Councilman Brown. The MOTION CARRIED 3-0. 10. OFFICER REPORTS A. City Clerk Wadsworth reminded everyone there is early voting at the New Smyrna Beach Regional Library on Monday through Saturday from 8 a.m. to 5 p.m. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper commented on the 5600 acres the City had the first reading on. He had a pretty productive meeting with the County. They have agreed to develop an interlocal agreement between the County and the City on how that can be used and that will be brought back to Council in the very near future. He needs to meet with the property owners and get their input. Page -13- Council Regular Meeting October 18, 2004 ... "1rt' Vice Mayor Lichter asked what was going on with Oak Hill and the boundary discussions. city Manager Hooper stated they have filed their legal briefs. They have agreed to get rid of the non- contiguous parcels. They are arguing with the County over those that are creating enclaves. This will go the judge for a stipulated settlement agreement, which will take some time. They are still debating and he hasn't given up on the concept of retaining and returning the legal costs it has cost, which are about $40,000 to date. Vice Mayor Lichter commented on enclaves within the City that are County property. She got a call from the son of a resident who asked if there is any impact fee for them to come into the City. City Manager Hooper explained they only pay impact fees if they build something different or something new. 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. 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:25 p.m. Minutes submitted by: Lisa Bloomer Page -14- Council Regular Meeting October 18, 2004