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06-20-2005 - Regular ......... ~ ...", CITY COUNCIL OF EDGEWATER REGULAR MEE TING JUNE 20, 2005 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 Deputy City Clerk Lisa Bloomer Paralegal Robin Matusick Excused Present Present Present Present Present Excused 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 April 18, 2005 Councilwoman Rhodes moved to approve the April 18, 2005 minutes, second by Councilman Vincenzi. The MOTION CARRIED 4-0. B. Regular Meeting of May 2, 2005 Councilman Brown moved to approve the May 2, 2005 minutes, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUE S/CERTI FICATES/DONATIONS ~ ~ A. Representative Dorothy Hukill reporting on the 2005 Legislative Session Vice Mayor Lichter stated our representative to the State, Dorothy Hukill was supposed to be here. We did not hear that she isn't coming so perhaps she would show up later for her presentation regarding the 2005 Legislative Session. B. Edgewater Fire-Rescue Association Annual 4th of July Celebration 2005 Fire Chief Barlow made a presentation regarding the 4th of July Celebration. He reported the fireworks would occur on July 4th. Because of the hurricanes and the erosion on the island where the fireworks have been set off in previous years, they would have to be moved to the Kennedy Park area in itself. The show would occur between 9:00 p.m. and 9:15 p.m. The boat ramp will be closed the entire day. They will also be closing off the Riverside Drive area from East Connecticut to Lamont Street. He spoke of the drink concession areas that would open about 6:00 p.m. and will be located along Riverside Drive between Kennedy Park and Menard Park. They will have a couple of DJ's playing music at Menard Park. This will be about a three or four hour event. They are in the process of securing parking at the field at Lamont and US 1. Because of the property being developed by the 201 Plaza where they used to have parking, they are in the process of obtaining an agreement with the Edgewater Cemetery across the street, which they got verbal approval on today. Vice Mayor Lichter asked about handicap parking. Fire Chief Barlow informed her people would still be allowed to park at City Hall. Vice Mayor Lichter suggested placing something in the newsletter to inform the residents. Fire Chief Barlow stated the Press Releases will go out tomorrow. It would also be placed on the website. Vice Mayor Lichter also suggested handing out flyers at local food stores. 4. CITIZEN COMMENTS The following citizens spoke: ~ke Thompson, Volco Road, stated several of his friends were trying to e-mail the Councilor contact them through the website to comment on the Snowden annexation. He asked that the website and e-mail address be fixed. Page -2- Council Regular Meeting June 20, 2005 '-" -...,I Andv Anderson, Pine Tree Drive, stated he hopes they have a better year with the fireworks in the neighborhoods than we had last year. He understands the only legal fireworks are sparklers. He further commented on the fireworks going off in his neighborhood last year. He expressed concern for the animals that suffer. He has a dog that goes crazy. He hopes this year they have better control on the fireworks in the community. He would think the fireworks show put on by the City every year would suffice. He questioned how people are buying them if they are illegal. He would like the Council to do something about the sale of fireworks in Edgewater and the use of them. Chief Ignasiak agreed with Mr. Anderson and explained fireworks are a chronic problem that affects every community in the United states. It's an American tradition. You can not purchase fireworks legally here in Volusia County at a certain class. You can have them shipped in from other states where they are completely legal. If they run across illegal fireworks being sold, the business is shut down and the goods are confiscated. They have a policy as far as responding to fireworks because they only have a limited number of officers out there and a tremendous number of complaints that come in. They have to actually view the individual using the fireworks at which time they confiscate the fireworks that are left or in some cases even issue a citation. The problem is volume. They can only be in so many places at so many times. They will do the best they can this year and respond to the complaints as they come in. If they see people will illegal fireworks, they will confiscate them. If they see people selling illegal fireworks, they will confiscate them and site those individuals and let them take their day in court. Dominic Capria, 606 Topside Circle, asked for an update on Regions Bank since the last meeting. City Manager Hooper explained he had a conference call with our attorney, their attorney and Mr. Pressley at 4:00 p.m. A letter was sent to them identifying particularly the requirement that it be a lease that you can't get out of for twelve years. They have agreed they would back off of that for a penalty. If the City chose to get out of the lease sooner than twelve years, there is a twenty-four month notice due, which is equivalent to a $400,000 or $500,000 penalty payment, which is fairly common in a lease. City Attorney Rosenthal was on the phone with them and agreed that it is common and also agreed that isn't what had been talked about to date and it was a lease you could get out of at will. Page -3- Council Regular Meeting June 20, 2005 ~ .."" City Manager Hooper further stated the logic is if the City were to put the million dollars or so for improvements to the building you probably would never break the lease or get out but it's an option because it's a lease, not a purchase. City Manager Hooper informed Council they don't meet again until July 18th. He wanted to inform Council of that to see if they wanted him to move on with this. The next step is to spend some real dollars. They will spend probably $30,000 or $40,000 out of our attorney. They will spend money. There will be a survey done and title commitments rewritten and there are also some problems with easements on the property. When that property was sold to the doctors adjacent, with that went the banks drainage. There are issues there that will cost some time and money to clean up. He further commented on the commencement date. They want to retain the first floor while we operate the second. Their preference is to stick to that and create a separate entrance to get upstairs. The commencement of the lease would be either when substantial completion of our improvements or when we occupy the first floor. Councilwoman Rhodes asked if they could set this for July 18th to make a decision. She feels that is what they should do so they can get public input and hear some real numbers. Councilwoman Rhodes moved to schedule this for Julv 18th. Mr. Capria asked to finish what they were talking about before the motion. Councilwoman Rhodes stated they did. Mr. Capria stated he had questions to ask before the motion. Mr. Capria asked if the $500,000 is a done shot deal. City Manager Hooper explained if the City were to end the lease before the twelve year payout, there would be a $500,000 penalty. Mr. Capria then asked about the bank occupying the first floor. City Manager Hooper stated it would take about eighteen months for them to build a new building and vacate the existing bank. City Manager Hooper stated before they spend any money, he assumed they wanted to hold off until July 18th to hold a public hearing. Don't do surveys or anything else except finish the discussion with the bank but don't draft a lease or spend attorney's fees. Councilwoman Rhodes stated don't spend any money because if they can't figure out a way to make this happen there is no point in spending money. Page -4- Council Regular Meeting June 20, 2005 '-" ....., Councilman Brown seconded the motion. The MOTION CARRIED 4-0. City Manager Hooper informed Council they would do the advertising for the public hearing. John Cordeiro, 1515 Pine Tree Drive, stated he received his new water bill today and it was $76, which he feels is outrageous. Vice Mayor Lichter stated hers was $556. She thinks there is a few mistakes with the new bill. Mr. Cordeiro questioned what will happen when the new meters are put in. Vice Mayor Lichter commented on the long lines at City Hall after the first billing when out. She went out and read her meter and it wasn't what the bill said. She called and a meter man will come out tomorrow and check it. Mr. Cordeiro stated Edgewater used to have the highest taxes in Volusia County but they dropped it a half a mill so that brought it even with a couple other cities. Now Edgewater has the highest impact fees in Volusia County. The City is always number one on something. He encouraged the Council to keep up the good work. Pat Card, 3019 Willow Oak Drive, asked to be brought up to date on the selection of a site for the Animal Shelter. City Manager Hooper stated the ten-acre site off of Airpark Road can be built on but it would be an expensive structure. They have looked west toward 1-95, SR 442 a couple of city-owned parcels and some privately owned parcels. He thinks the clearest discussion is with the County down south on U.S. #1 on the west site opposite Hacienda. The County has about 17 acres of property that used to be a utility system. They are talking with them about a join t venture of building tanks for water storage and reclaimed storage and the animal facility on their property with a lease of $1 per year. Mr. Card asked if that is the put the Fire/Police building. close. This site is about 500 site dedicated by the hospital same site the City was looking to City Manager Hooper stated it is or 600 feet west of. There is a for the Fire and Police stations. Page -5- Council Regular Meeting June 20, 2005 '-'" "'" Vice Mayor Lichter stated there are four members of the Pet Society and everyone of them has three kittens in their bathroom. Our temporary dog kennels are loaded. The shovel can't go in the ground soon enough for some of them that have been working on this. 5. CITY COUNCIL REPORTS Councilman Brown stated he attended a five-year road planning thing from the County last week. He brought up the fact that they were only going to be widening half of Old Mission Road. They agree this will only cause more problems and they are going to widen the whole road. It won't be quite as fancy as it initially was but they are looking into widening the whole road from Park Avenue to Josephine. City Manager Hooper stated they are studying it. Councilman Brown stated they have not decided completely to do it but they have agreed it is not a safety feature to just widen part of it. Vice Mayor Lichter stated the streets that are going to be looked at in the five-year plan in Edgewater are Park Avenue, Mission Road, and 10th Street. We are going to have an opportunity to beautify our entrance into the City. Resurfacing was mentioned for Arthur, Joseph and Alice. 35th Street will get paved. She stated Mary Ann Connors mentioned the possibility of a surtax on giving back the money on the gas tax and a surtax to raise more money for this. That takes a referendum of the public and it may or may not fly. She stated Williamson is going to come down right to SR 442 possibly through the middle of the project, which means a lot of that road will be paved. She feels the paving of SR 442 out to SR 415 as an evacuation route may become more of a possibility than it was before. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes asked if we have a sex offender ordinance. City manager Hooper stated probably just by the Statute. We don't have anything more restrictive. Councilwoman Rhodes asked if they can look into making something more restrictive for our City. City Manager Hooper stated Councilman Vincenzi talked with him earlier today and they are looking to get copies of the Oveido one and a couple of others that have been approved. His plan is to give each councilperson copies and see where they want to go from there. Page -6- Council Regular Meeting June 20, 2005 "--' ...., City Manager Hooper further explained City Attorney Rosenthal has cautioned that those are probably not as defensible as they appear to be. You are outside of state statutes. You can do some local issues but you have to describe why you are doing them to hold up in court. He agreed to talk about it when city Attorney Rosenthal is present. Vice Mayor Lichter stated she attends the WAV meetings where 16 cities are working together so we won't have water wars. Three cities are not involved, Pierson, Oak Hill and Orange City. There were two meetings last month, not just their regular third Wednesday of the month meeting where they set their operating expenses for the City, which was from a formula that City Manager Hooper and other managers devised. Our contribution this year is about $30,000. However, mid-term funding was mentioned. We have four years from the conception of WAV to get going on mid-term funding. The initial funding they are doing with the 16 cities involved is for the new director, the engineer that was hired, conservation matters, etc. Mid-term funding will be for the water projects that are going to be needed in the not so far future. Two entities, their engineer and st. Johns independently came up with a date of between 2010 and 2015 we won't be out of water, but our CUP's will not be able to be met. By that time something will have to happen. They are now in the process of having the projects identified. At their next meeting they will classify them by order of importance. They are talking $4 million to get going on some of these projects. Obviously WAV has to consider various ways in the County of raising this money. They can not just have the citizens that are on meters in the 16 communities paying. People that are on wells, agriculture and other unmetered ways of getting money also use water just as those that are seniors pay for the children in the schools. City Manager Hooper went to two meetings last week, a special managers meeting to identify middle funding possibilities and Saturday morning they had a special meeting for four hours where every representative from the 16 cities brought their manager with them and they tried to come up with the ten possibilities presented to them, which are the way we are going to have to go. Her main criteria was that no matter what they pick it can not fall just on the residents of the cities. It has to involve everyone in the County. She and City Manager Hooper originally came up with the two same methods. However, by the end of 16 cities finishing only one of those was picked and the other was different. What came up at the end is a surtax by users but to compensate for that surtax by users there will have to be a means of taxing the other people and that is called an assessment on the other people and the County will help us with that. Page -7- Council Regular Meeting June 20, 2005 ~ ..." Vice Mayor Lichter further explained the County would have to present this as a referendum and right now the County is concentrating on roads. At the next meeting she will give to her fellow council people the ten to twelve ways they considered, the pros and cons of each one, and where we are going to go for now. City Manager Hooper would welcome any input and she will reflect that at their next meeting. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. No. 2004-0-31, Dan Robison, Highway 442 Partners, LLC, agent for Vincent and Pamela Snowden, requesting annexation of 5,610~ acres of land located north of SR 442, east and west of 1-95 (cont. from 3/21/05, Item 6B) Paralegal Matusick read Ord. 2004-0-31 into the record. Vice Mayor Lichter opened the public hearing. The following citizens spoke: ~ke Thompson, Volco Road, stated according to the aerials the County put out on this property, there is almost 3,000 acres of wetlands in there, which is a major part of our groundwater recharge system. According to the aerials that were taken after the hurricanes this year, every acre was under water. He questioned if this is really a place to put a housing development. They will be turning prime ground water recharge into a bunch of ponds that will hold Chemlawn. They are also putting themselves into a position of being liable because if they knew the land was under water and they approved the housing development, if someone's house floods or someone gets injured due to flooding, the City of Edgewater very well could be liable for the problem. He feels this is the wrong thing to do with that land. It is zoned resource corridor and needs to remain resource corridor. He feels this development does not need to go in. Vice Mayor Lichter asked City Manager Hooper if he would like to address the City meeting with the County over this and what portion of that land will be totally excluded. The County has a right to take us to court if they really disagree. The City has met with them and worked out every detail of this. Page -8- Council Regular Meeting June 20, 2005 '-" ....., city Manager Hooper stated tonight they aren't looking at anything except the annexation. At this point, all they are talking of is annexation. They aren't approving any entitlements or any development rights. City Manager Hooper then went over the commitments that were discussed with the County. This would have to go through the DRI process. There is an existing Smart Growth Implementation Committee that had their final decision today on how to handle smart growth/long term implementation. The City and County agreed that whatever that Committee came up with to the maximum extent possible they were going to put in place. Roadway improvements are the responsibility of the developer. The City will contract with the County's Environmental staff to review the permitting and wetlands issues. Up to 45% of the property is wetlands and shall be preserved through conservation. The City at this point has taken several preliminary steps. All the City is doing tonight is annexing the property to allow Council to control how it is developed, if it is developed. Mr. Thompson feels it doesn't need to be developed. When the hurricanes came through, that land was 100% under water. He feels it is not smart growth when you have a house you have to swim into. Councilwoman Lichter stated there were two meetings and this is our second reading on this particular subject. They already passed it and in between the first approval and this evening, they had a workshop with the County. They listened very carefully and there are so many steps this project has to go through. All they are doing tonight is annexing this land into the City. Pat Card, 3019 Willow Oak Drive, stated he would rather see the City have control of this then some people who are from other areas. He is in favor of seeing the annexation. He is hoping Council will be very careful with what they are doing. There is a potential for about 7,000 homes out there. If the Miami Corporation ever speaks up to the City about the 52,000 acres that are out there, he hopes they would be moving toward getting control of it also. Vice Mayor Lichter stated what came down from Tallahassee this last session was that unless you can provide the infrastructure for development you can't have it so it will have to be there. Page -9- Council Regular Meeting June 20, 2005 '-' ....., Dominic Capria, 606 Topside Circle, mentioned the agenda stating continued from 3/20 and the report says 3/02. He wasn't sure if there is anything legal there that could happen. Mr. Capria feels they are going much too fast. He knows it has been said time and time again it's a tax base. So far that tax base has done nothing for us as he sees it. He feels as we keep annexation the tax base won't go down but will go up for schools, fire, police, and roads. He stated he is sure this is all being taken into consideration. He feels they have to start thinking about the lower income on housing. It's not happening and it isn't going to, not the way we are going. Councilwoman Rhodes stated that is why we have the highest impact fees in Volusia County to help pay for it. Mr. Capria stated but it doesn't pay for everything. Councilwoman Rhodes stated it pays pretty darn close for everything, which is their intent. Mr. Capria stated it isn't going to pay everything. If it did in the last few years, they would have seen the millage rate drop. Vice Mayor Lichter stated we didn't have impact fees. Mr. Capria stated yes we had impact fees. Vice Mayor Lichter stated these projects may come into the City. Some succeed and some do not and they take years to get accomplished. Andv Anderson, Pine Tree Drive, stated they lived in an area south of here and there wasn't much around where they lived. The taxes were low and about seven years later, here comes development. The place went bonkers. The taxes went through the roof. This theory of bringing in business to reduce property taxes, he doesn't put that much credence in. He feels they have to watch very carefully the development out there because it can have a very negative effect in a short time. Vice Mayor Lichter closed the public hearing. Councilman Brown reminded people they are just annexing this property in. They are not allowing anybody to build anything and aren't okaying anything along that line. If it works out that nothing can be built out there that is okay by him too. They need to be the ones to have control of what happens to that property. Page -10- Council Regular Meeting June 20, 2005 ..... ..." Counci~an Brown moved to approve Ord. 2004-0-31, Dan Robison, Hiahwav 442 Partners, LLC, aaent for Vincent and Pamela Snowden, reauestina annexation of 5,610+ acres of land located north of SR 442, east and west of I-95 (cont. from 3/20/05, Item 6.8), second bv Counci~an Vincenzi. The MOTION CARRIED 4-0. B. 1st Reading, Ord. No. 2005-0-33, Marcia Barnett, requesting annexation of 9.91~ acres of land located south of 35th street, east of Travelers Palm Drive and west of Needle Palm Drive Paralegal Matusick read Ord. 2005-0-33 into the record. City Manager Hooper made a staff presentation. Vice Mayor Lichter feels we will need Volco Road as an exit when more homes are built in there. It shouldn't be dirt and should be paved. City Manager Hooper confirmed it will be paved. Vice Mayor Lichter opened the public hearing. The following citizen spoke: Pat Card, 3019 Willow Oak Drive, recommended this be brought in but 35th street being paved concerns him. He feels we really need north south access and this will make it possible for Willow Oak to be the main access right through the center of Florida Shores. He feels Volco will open to a number of people coming clear up and coming through and across on Willow Oak Drive. Vice Mayor Lichter stated she was talking about the exit from Florida Shores. Mr. Card spoke of there being 1,400 people coming up u.s. #1 that would rather turn left on Volco Road and swing down along Willow and go out that way. Vice Mayor Lichter stated she is hoping SR 442 becomes a total exit out as our escape route. Mr. Card stated that still isn't going to get it. It is north- south they are worried about. North-south will make two major operations right through your major subdivision. Vice Mayor Lichter asked Mr. Card what his point is with the development they are talking about now and taking it in. Mr. Card stated he didn't have a problem with that. He has a problem with Vice Mayor Lichter's statements in regard to Volco Road being extended to 35th Street or pave that small piece of road so that it hooks it up. He has a real problem with that because it makes a direct access from Volco Road into the back of Florida Shores. Page -11- Council Regular Meeting June 20, 2005 '-' ....., Vice Mayor Lichter always felt there should be a back route to Florida Shores and not depend on just one exit. Councilwoman Rhodes questioned why Willow Oak would be any more likely someone would use Willow Oak then someone would use Travelers Palm. Mr. Card stated at the present time you swing easily right around without any additional people along here. Councilwoman Rhodes stated you can swing down Travelers Palm before you get to Willow Oak. Mr. Card presented a route he feels people will take that will take them down Willow Oak Drive. Willow Oak Drive is a feeder and was expected to be a feeder from what he understands from day one. Councilwoman Rhodes stated she never understood that. Vice Mayor Lichter stated if that portion is paved, it is to get people out, not to get people in. Mr. Card spoke of there being 1,200 new homes four years from now in that area that Council has approved. Councilwoman Rhodes asked City Manager Hooper if Willow Oak is expected to be a feeder. City Manager Hooper informed her no. Councilwoman Rhodes feels Umbrella, Travelers and Victory would be just as convenient as Willow Oak. Vice Mayor Lichter closed the public hearing. CounciLman Vincenzi moved to approve Ord. 2005-0-33, Marcia Barnett, reauestina annexation of 9.91+ acres of land located south of 35~ street, east of Travelers PaLm Drive and west of Needle PaLm Drive, second bv Councilwoman Rhodes. The MOTION CARRIED 4-0. C. 2nd Reading, Ord. No. 2005-0-27, Robert Jalbert, Sr. requesting an amendment to the Comprehensive Plan Future Land Use Map to include 1.15~ acres of property located at 3208 Eels Grove Road as Low Density Transition Paralegal Matusick read Ord. 2005-0-27 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. Page -12- Council Regular Meeting June 20, 2005 '-'. ...., Counci~an Brown moved to approve Ord. 2005-0-27, Robert JaLbert, Sr. reauestina an amendment to the Comprehensive Plan FUture Land Use Map to include 1.15+ acres of property located at 3208 Eels Grove Road as Low Density Transition, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. D. 1st Reading, Ord. No. 2005-0-34, Marcia Barnett requesting an amendment to the Comprehensive Plan Future Land Use Map to include 9.91~ acres of land located south of 35th street, east of Travelers Palm Drive and west of Needle Palm Drive as Low Density Residential with Conservation Overlay Paralegal Matusick read Ord. 2005-0-34 into the record. City Manager Hooper made a staff presentation. He asked Chief Planner Lear if he recalled how many units they were talking of once this is brought in. Mr. Lear informed him they talked about lot widths of 75 feet being approximately 30 lots. Vice Mayor Lichter asked if they would be similar to lots in Florida Shores. City Manager Hooper stated he thinks they are looking at a maximum of 25 or 30 units. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2005-0-34, Marcia Barnett reauestina an amendment to the Comprehensive Plan FUture Land Use Map to include 9.91+ acres of land located south of 35~ Street, east of Travelers Palm Drive and west of Needle Pa~ Drive as Low Density Residential with Conservation Overlay, second by Councilman Brown. The MOTION CARRIED 4-0. E. 1st Reading, Ord. No. 2005-0-36, David Lind requesting an amendment to the Comprehensive Plan Future Land Use Map to include 4.1~ acres of land located at the northeast corner of US1 and Jones Fish Camp Road as Commercial Paralegal Matusick read Ord. 2005-0-36 into the record. Page -13- Council Regular Meeting June 20, 2005 --.. ..." City Manager Hooper made a staff presentation. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. CounciLman Vincenzi moved to approve Ord. 2005-0-36, David Lind reauestina an amendment to the Comprehensive Plan Future Land Use Map to include 4.1+ acres of land located at the northeast corner of US1 and Jones Fish Camp Road as Commercial, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. F. 1st Reading, Ord. No. 2005-0-40, Rodney Jones requesting an amendment to the Comprehensive Plan Future Land Use Map to include .68~ acres of property located at 1155 Old Mission Road as Medium Density Residential Paralegal Matusick read Ord. 2005-0-40 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. 2005-0-40, Rodney Jones reauestina an amendment to the Comprehensive Plan FUture Land Use Map to include .68+ acres of property located at 1155 Old ~ssion Road as Medium Density Residential, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. There was a ten-minute recess at this time. The meeting recessed at 8:00 p.m. and reconvened at 8:10 p.m. G. 1st Reading, Ord. No. 2005-0-32, Daniel and Christine Herman requesting an amendment to the Official Zoning Map to include 3.65~ acres of land located west of US1 and south of Clinton Cemetery Road as B-3 (Highway Commercial) Paralegal Matusick read Ord. 2005-0-32 into the record. Page -14- Council Regular Meeting June 20, 2005 ..... -...II City Manager Hooper made a staff presentation. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2005-0-32, Daniel and Christine Herman reauestinq an amendment to the Official Zoninq MaP to include 3.65+ acres of land located west of US1 and south of Clinton Cemetery Road as B-3 (Hiqhway Commercial), second by Councilman Vincenzi. The MOTION CARRIED 4-0. H. 1st Reading, Ord. No. 2005-0-35, Marcia Barnett requesting an amendment to the Official Zoning Map to include 9.91~ acres of land located south of 35th street, east of Travelers Palm Drive and west of Needle Palm Drive as R-3 (Single Family Residential) Paralegal Matusick read Ord. 2005-0-35 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. Councilwoman Rhodes moved to approve Ord. 2005-0-35, Marcia Barnett reauestinq an amendment to the Official Zoninq Map to include 9.91+ acres of land located south of 35th street, east of Travelers Palm Drive and west of Needle Palm Drive as R-3 (Sinqle Family Residential), second by Councilman Vincenzi. The MOTION CARRIED 4-0. I. 1st Reading, Ord. No. 2005-0-37, David Lind requesting an amendment to the Official Zoning Map to include 4.1~ acres of land located at the northeast corner of US1 and Jones Fish Camp Road Paralegal Matusick read Ord. 2005-0-37 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. Page -15- Council Regular Meeting June 20, 2005 '-'" ...., Councilman Brown moved to approve Ord. 2005-0-37, David Lind reauestina an amendment to the Official Zonina Map to include 4.1+ acres of land located at the northeast corner of US1 and Jones Fish Camp Road, second by Councilman Vincenzi. The MOTION CARRIED 4-0. J. 1st Reading, Ord. No. 2005-0-38, Ernestina Kayat requesting an amendment to the Official Zoning Map to include 37.26~ acres of land located west of 4100 s. US1 and west of Relocation Road as 1-1 (Light Industrial) Paralegal Matusick read Ord. 2005-0-38 into the record. city Manager Hooper made a staff presentation. There was a brief discussion regarding examples of light industrial. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. Councilman Vincenzi moved to approve Ord. 2005-0-38, Ernestina Kayat reauestina an amendment to the Official Zonina Map to include 37.26+ acres of land located west of 4100 S. US1 and west of Relocation Road as I-1 (Liaht Industrial), second by Councilwoman Rhodes. The MOTION CARRIED 4-0. K. 1st Reading, Ord. No. 2005-0-39, John and Patricia Hickey requesting an amendment to the Official Zoning Map to include 4.7~ acres of land located at the northwest corner of US1 and Clinton Cemetery Road as B- 3 (Highway Commercial) Paralegal Matusick read Ord. 2005-0-39 into the record. City Manager Hooper made a staff presentation. Vice Mayor Lichter asked about low density having an acreage requirement. City Manager Hooper informed her up to five units to the acre. The PUD document is being drafted now. Council will see it and it will be back in front of Council to describe exact lot sizes. Page -16- Council Regular Meeting June 20, 2005 '-' """ Vice Mayor Lichter spoke about not having parcels large enough for horses, which she hoped would be around us some day since the horse farm is going away. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. CounciLman Brown moved to approve Ord. 2005-0-39, John and Patricia Hickey reauestinq an amendment to the Official Zonina Map to include 4.7+ acres of land located at the northwest corner of US! and Clinton Cemetery Road as B-3 {Hiqhway Commercial}, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. 7 . BOARD APPOINTMENTS A. Police Pension Board - nomination by Councilwoman Lichter to fill seat due to the expired term of Ferd Beeb, who has requested reappointment Vice Mayor Lichter commented on Mr. Beeb being an excellent member and recommended he be reappointed to the Police Pension Board. Councilwoman Rhodes moved to accept Vice Mayor Lichter's recommendation and reappoint Ferd Heeb to the Police Pension Board, second by CounciLman Brown. The MOTION CARRIED 4-0. 8. CONSENT AGENDA There were no matters to discuss on the Consent Agenda at this time. 9. OTHER BUSINESS There was no Other Business to discuss at this time. 10. OFFICER REPORTS A. City Clerk Deputy City Clerk Bloomer had nothing at this time. Page -17- Council Regular Meeting June 20, 2005 '-" ...., B. City Attorney Paralegal Matusick reported that Joseph Wagner, the gentleman that had the variance appealed before Council a couple of months ago has filed a lawsuit against the City to have a humanitarian variance. He has a hearing this Thursday in New Smyrna and he filed for the humanitarian variance and $1,000. He is asking the court, even though they aren't supposed to, to rule on the variance. Kevin Reck, Foley & Lardner, will be appearing on behalf of the City to argue for the City. Vice Mayor Lichter asked if legally there is such a thing as a humanitarian variance. Ms. Matusick stated they shouldn't be arguing that. He filed for a small claim suit and put in a dollar amount. If they paid the minimal fee, he would still request that the court rule and try and grant him a humanitarian variance. It will not go away. Councilwoman Rhodes asked if the court will say they aren't supposed to rule on that. Ms. Matusick informed her it will end up in a mediation at this point so they are going to wait and see what happens, which is why Mr. Reck is appearing for us on Thursday. C. City Manager City Manager Hooper stated on Wednesday, June 22nd the WAV Consultant is going to make a presentation to New Smyrna and they have also invited Edgewater. Vice Mayor Lichter stated she may not be able to make it because she has shoulder therapy at 2:00 p.m. 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments/Correspondence at this time. A. Tentative Agenda Items There were no Tentative Agenda Items at this time. 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:22 p.m. Minutes submitted by: Lisa Bloomer Page -18- Council Regular Meeting June 20, 2005