06-06-2005 - Regular
c.
'-'
....,
,
CITY COUNCIL OF EDGEWATER
REGULAR MEE TING
JUNE 6, 2005
7:00 P.M.
COMMUNITY CENTER
MINUTES
1. CALL TO ORDER
Mayor Schmidt called the Regular Meeting to order at 7:08 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
There were no minutes to be approved at this time.
3. PRE SENTATIONS/PROCLAMAT IONS/PLAQUE S/CERTI FICATE S/DONATIONS
Mayor Schmidt announced that Item 3A had been pulled.
4. CITIZEN COMMENTS
The following citizens spoke:
Dominic Capria, 606 Topside Circle, stated stop signs have been
put on Charter Lane, Schooner Avenue, Topside Circle and
Navigators Way. It is his understanding the City ordered the
signs for the Association. He isn't against these stop signs.
He is concerned because the stop signs were put in by the
Association and not by the City. He expressed concern with the
legality of the stop signs. It is his understanding surveys have
to be made by the Florida Department of Transportation and the
signs were made and not approved. He requested if the City
~
....."
,
approved them that that be put in writing to the Association that
they were approved. If they were not approved, his problem is if
something should happen, where he lives the Association will be
responsible because they put up the signs without City approval
if this is true. He has made several phone calls and did not get
an answer back. He expressed concern with the dollars they will
have to spend if something happens. He asked for a copy of the
letter.
City Manager Hooper explained stop signs on a local street are up
to the local government. He received a letter from the
Homeowners Association President to put the stop signs up. City
Manager Hooper suggested he take a poll of his members and
determine. He spoke of these being slow streets. He received a
letter back saying they had polled their members. They asked for
the signs and the City put them up, at the City's cost. They are
public property. The roads inside the Landings are public but
maintained by the Association.
Mr. Capria asked for the City to put in writing approving the
stop signs. City Manager Hooper agreed to.
Mr. Capria commented on Item 9E regarding Regions Bank. Due to
not many people being present at the meeting, he doesn't think
anybody realizes what is going on. He requested that this be
moved up to before City Council Reports.
Councilwoman Lichter expressed concern with moving this item up
due to not having read a letter the Council just received.
Mayor Schmidt agreed to bring this item up after City Council
Reports.
~ke Visconti, 316 Pine Breeze Drive, commented on celebrating
Memorial Day and Veterans Day. Today is the 61st Anniversary of
the Normandy Landing in Europe. He would like to see a memorial
monument for all the veterans who served and gave their lives for
our freedom. He would like to see someone start a campaign for
funds for a veterans monument in Veterans Park. He asked the
audience to stand up for a moment of silence for V-Day.
5. CITY COUNCIL REPORTS
Councilwoman Rhodes had nothing at this time.
Page -2-
Council Regular Meeting
June 6, 2005
'-'
""""
Councilwoman Lichter spoke of contributing $500 to an archaeology
study of New Smyrna and Edgewater to see where the original
Turnbull Colony came as far down. In the Museum of Arts &
Science newest magazine there is an article on the Turnbull
Colony where Edgewater is mentioned three times. They found
evidence of this Colony next door at Dr. Hawks house. She feels
this is very gratifying.
Councilwoman Lichter commented on attending the Memorial Day
Service. She spoke of individual developments in this City
holding their own services at the same time the City service is
being held. She hopes a letter from the American Legion Post to
those communities asking if theirs could be held earlier in the
day so those residents could attend the City memorial.
Mayor Schmidt also commented on attending the Memorial Day
Service. He spoke of New Smyrna also having theirs at 11:00 and
the children that attended the City's Memorial Day service.
Councilman Brown spoke of attending a Safety Seminar and it being
a handicap experience for them. It makes you start to appreciate
what people in wheelchairs do just to get around on a daily
effort. He spoke of how scary it would be to be blind. He feels
they have to do whatever they can to assist these people in
whatever way they can.
Councilman Brown stated at the Starplex the weekend before last
they had a get together for all the kids. It was absolutely
spectacular. He would like for Council to approach the County to
clean up that area. They are getting a lot of transients hiding
behind it.
Councilman Vincenzi had nothing at this time.
Mayor Schmidt called a five-minute recess to read the letter
regarding Regions Bank. The meeting recessed at 7:20 p.m. and
reconvened at 7:25 p.m.
E. Regions Bank Building - Lease/Purchase proposal
City Manager Hooper explained what they are going to talk about
is the response from Regions Bank. At a previous meeting, they
had an offer from the bank that the City Attorney said was not a
lease and the price was very difficult for us to afford. Council
gave him some parameters and he put them in a written counter
offer back to the bank.
Page -3-
Council Regular Meeting
June 6, 2005
~
.."""
city Manager Hooper stated the bank contacted him Friday and
agreed they would accept that counter offer in the amount of
$18,000 per month over a twelve-year period. He made mention of
his letter to Keith Pressley that describes eleven terms. He
isn't too interested in having us be partially in the bank while
it is functioning as a bank for liability issues. That part has
not been addressed. He received a fax this morning that said
they agreed with everything he had counter offered with the
exception of it is a non-breakable lease. It becomes more of a
financing plan. Our City Attorney described that as long as it
was a lease, it was an acceptable offer. The lease had to be
that the City could walk away at any time if they chose not to
close on the property. The bank in essence is telling the City
before we lease it they want us to tell them we are going to buy
it and it is a twelve-year deal. That in itself is a big issue
that has to be resolved. He feels the City Attorney will tell
the Council it is acceptable if they want to walk away at any
point. He then presented the numbers on the counter proposal
with regard to the annual lease/purchase, the "move-in" expense,
future expenses and the total cost. He feels this can be done
without a tax increase but they will have to give up something
else because the City doesn't have an extra $357,000. They will
be trading off either current resurfacing and other projects the
City needs or they will take the 20% increased value. The
Council has described to him the idea of having more commercial,
more retail and to take the tax burden off of the residential.
That is working and occurring. This will make that so that
becomes more difficult. He spoke of Council being interested in
some reduction of taxes back to the residential. He feels it is
a good financial deal. It is going to cause either current taxes
to stay the way they are and trade off for a few years while
growth catches up or it will result in some other type of
financial creative nature that is equal to that dollar amount.
Councilwoman Rhodes spoke of spending $500,000 to renovate the
existing City Hall to make it liveable for five years. City
Manager Hooper stated that was to be spent over a period of time.
When he told the Council about renovating the current City Hall,
he felt that would get them long term into what he predicts will
be a City Hall out west of 1-95. Councilwoman Rhodes feels that
is a waste of money.
Page -4-
Council Regular Meeting
June 6, 2005
~
...",
Councilwoman Lichter asked how much it would cost to use the area
we have here which incorporates City Hall and the Community
Center. She then questioned what the cost was to build a two
story on the land we own as well as those properties that are
willing to sell. There were only two people in the big square
that were not willing to sell. There is such a thing as the
right of eminent domain, which they have used in the City on SR
442 to put in the ponds.
City Manager Hooper stated it wouldn't cost more than the bank.
The whole thing comes down to how much property you have. He
spoke of having to buy the property being a huge component
towards the cost going up. If they could fit a two story here,
it would cost approximately $150 per square foot, which is the
cost of new construction, which figures out to $2.25 million to
$2.5 million at 15,000 square feet. He spoke of lacking parking
at the current site and the City having to buy some property,
either negotiated or take by eminent domain to be able to come in
and do the rest of the area for parking and drainage. This area
has no drainage and doesn't meet any standards at all. Two and a
half million sounds like a good deal but they will have to buy
other property, which will increase the number pretty quick.
City Manager Hooper stated tonight he is going to ask Council to
either send him back to the bank and saying negotiate what they
have described and bring them back a contract to tell him to quit
and we are at the end of negotiation with the bank. It is
extremely difficult to get an answer from them. He spoke of any
information coming in at the last minute and the Council being
frustrated with receiving the information right before the
Council meeting.
Councilwoman Rhodes asked City Manager Hooper if he thought the
bank will accommodate the lease and the fact that we should be
able to walk away. City Manager Hooper stated no. He thinks
their whole idea is they have a building for sale and would like
to sell it to the City or somebody else. If they could find
another buyer they would probably jump on that at the time.
Councilwoman Rhodes agrees with Councilwoman Lichter of the point
that this is unique site. She feels this might be a wonderful
place for a park or a senior center. She will never vote in
favor of making someone leave their home if they don't want to.
She feels Regions Bank is a good financial deal for the City.
Page -5-
Council Regular Meeting
June 6, 2005
'-'"
....."
Councilwoman Rhodes stated if they will accommodate us in the
walking away lease, she still feels this is our best bet as far
as expansion, room for the future and cost. She feels they need
the answer to that question before they can do anything. If they
will not accommodate us in a real lease, then we can't do it so
there is no point wasting time talking about it.
City Manager Hooper stated everything they have described for
Council is pretty much what the City has asked for. That is the
one issue he thinks is still on the table.
Councilwoman Rhodes suggested they give a time frame for a
response and if they don't respond, to heck with it. She feels
this is a good deal for the City we should take advantage of but
if they are going to make it impossible for us to take advantage
of it, she doesn't see the need to waste time with it.
Councilman Brown feels it is the ideal place to have a City Hall.
He doesn't want to raise taxes for the people. If the bank will
not work with us to make this a true lease, he doesn't want to
work with them anymore. He would like to have City Manager
Hooper get back in touch with them and see if we can work this
out. This has to come back as a true lease before he will vote
on it. The bank will appreciate in value. By the time it is
paid for, it will be worth three or four times what we pay for
it. He feels this is a good investment.
Councilman Vincenzi agreed with Councilwoman Rhodes as far as
wasting time talking about it. He feels the bank made it easy
for everybody to vote on it. They aren't offering a lease, they
are offering a purchase, which makes it impossible for anybody up
here to approve it unless they want to go against the City
Charter. Even if it was legal, it has to be affordable. He
spoke of it not being affordable unless the City raises taxes or
puts other projects off. He doesn't see cutting necessary
services as an option. He doesn't see raising taxes as an option
when everybody on the Council is struggling so hard to get the
City to cut taxes. To him, this is something that is needed but
they have to prioritize what they want to get done in the City.
He commented on services that are necessary that the City
provides that people pay taxes for being more important than the
purchase of Regions Bank for City Hall. That just makes it easy
to make a decision and he can't vote for it, not if those
conditions stay in place.
Page -6-
Council Regular Meeting
June 6, 2005
~
..."
Mayor Schmidt stated the bank not giving us a way out has thrown
him a little bit. He doesn't necessarily think that will be an
issue that might be in concrete with them. If they get a feel we
are really interested but this one section they really need to
work on. He would hope they would understand we aren't going to
walk away tomorrow after making the improvements. We have been
mulling over this for four years. He feels they need to go
forward and see what kind of lease agreement they can come up
with. He said he wouldn't vote on it if we had to have a tax
increase or cut into most all of the services the City provides.
He still would like to see some type of roll back this year.
That is a big thing. We are enjoying some good percentage growth
right now that they said a few years ago that was why they raised
it the mill to begin with. He doesn't want to take somebody's
property just to enhance this.
Councilwoman Lichter asked if there is a possibility of something
on the other side of 1-95 with the acreage and big development
coming in that they give us some land. City Manager Hooper
stated they talked of a town center that had a City Hall from the
developer of the 5,600 acre piece.
Mayor Schmidt feels as City government leaders they should not be
in this building for another five years. He feels they need to,
if this is the best deal right now that will accommodate us for
the next fifteen or twenty years, let the powers that be work out
this kink and bring back a contract they can seriously look at.
Councilman Brown stated if they did lease this bank, could they
sell it at any time along the way and pay it off. City Manager
Hooper stated yes you could but you have to buy it to sell it.
Councilwoman Rhodes stated she had a couple of issues with the
School Board ladies but the one thing that she did agree with was
they said they acquire land every time they can acquire land
because it never goes away and its value only increases. She
feels that is the way they should be thinking. They should be
buying land for this City every opportunity they get for any
needs they may have in the future.
Mayor Schmidt stated they are looking for an agreement or not an
agreement for the powers that be to move forward.
Page -7-
Council Regular Meeting
June 6, 2005
~
,.",
Councilwoman Lichter questioned if we are leasing the building
are they paying the City anything for the first floor. City
Manager Hooper stated he didn't think they would start the lease
until they moved out. They would have a period of time to build
a new facility, approximately eighteen months. That is one part
of the finite details to negotiate as to when it would start.
Councilman Vincenzi stated if everything did work out, they are
still forgetting the fact that they will almost definitely have
to raise taxes to do it. Councilwoman Rhodes stated or they
would have to rearrange some capital projects or priorities.
Councilman Vincenzi feels this is not a necessity. It is
something the City should have and would like to have but it
doesn't provide services and quality of life for citizens that
pay taxes here. Councilwoman Rhodes stated sure it does for the
City employees that work here that provide a quality of life and
services for this community.
Councilman Vincenzi asked City Manager Hooper to elaborate on
what projects would have to be postponed. City Manager Hooper
stated the things he would propose to Council would be the
resurfacing of roads, reductions in the amenities like parks. He
didn't think public safety, public service or drainage could be
postponed. He thinks the only thing they could look at is the
$500,000 or $600,000 a year for resurfacing. The other is some
reduction in park services.
Councilwoman Rhodes stated if they don't roll back taxes and
leave them as they are now, how much income will that generate.
City Manager Hooper stated that will generate probably another
$400,000. He further explained other costs that have gone up
such as pensions and salaries. They don't have $400,000 extra
dollars. You've got out of that money that is an increase to
pay for those things that the City barely hangs on to anyway.
The city would then have no funds to go into the reserves.
Councilwoman Rhodes stated then what he is telling her is forget
the City Hall and forget rolling back taxes. City Manager Hooper
stated if they do this, they will not be rolling back taxes and
they will be trading off other capital projects. Councilwoman
Rhodes stated if they roll back then they lose $400,000 and with
all of these other things are going up then we can't even afford
to roll back without cutting other services.
Page -8-
Council Regular Meeting
June 6, 2005
'-'
'WI
Councilman Brown stated the bank supposedly won't move out of
there for eighteen months. When do we have to start paying? We
shouldn't have to start paying the instant we sign a contract
until we move in so that gives them eighteen months before they
would pay any money at all. City Manager Hooper explained when
the lease starts is part of what they negotiate. They would not
pay money until they occupied the building.
Mayor Schmidt stated it doesn't hurt them to move forward and
look at some type of lease agreement. Councilwoman Rhodes feels
it is foolish to put more money into the existing City Hall at
this time. She feels it would be a waste.
Councilwoman Lichter stated the night they vote on this and
finally hear back from the bank on lease verses buying, she would
like the City Attorney present that night. She wants City
Manager Hooper to look into not sharing with the bank. She spoke
about there not being a room full of people here for the vote.
The night they vote she feels they are going to really have to
let the public know that.
Councilwoman Rhodes stated what is the point of continuing to
talk to these people and wasting their time and ours if we can't
afford this. If we can not decide at this moment that whatever
it takes is what we are going to do or we can't have our cake and
eat it too she feels they shouldn't be wasting their time or
ours.
Councilman Vincenzi spoke about everyone putting off building up
the reserve fund year after year. He feels this is something
they need to tackle. Councilwoman Rhodes feels this is more of a
priority than City Hall.
City Manager Hooper informed Council is he looking for a vote
from the Council to negotiate and bring back something that
answers this question or vote to tell him they can't afford it
and we will stop the discussion at this point.
Councilwoman Lichter stated when City Manager Hooper presented
the figure to them, he knew they did not want to raise taxes and
cut services and yet they answered yes to what is going to cause
that. She feels the City escalated the problem by not coming in
lower in our offering. They said this was alright and it's not
alright.
Page -9-
Council Regular Meeting
June 6, 2005
....
....,
city Manager Hooper stated that was the consensus out of the last
meeting that this is where we wanted to talk from. This is lower
than the last discussion and extended out.
Councilwoman Rhodes questioned if with next year's taxes they
will see more income because of what they did two years ago.
City Manager Hooper informed her they would. He also commented
on the costs associated with growth.
Councilwoman Rhodes stated they have been doing this for four
years now and the whole point of it was so they could lower
taxes. They were told by City Manager Hooper that after eighteen
months they would be able to do it. City Manager Hooper reminded
her that last year they lowered taxes by a half a mill.
Councilwoman Rhodes then questioned if taxes remain the same and
are not lowered this year, in a year from now are they generating
enough income to pay for this. Finance Director Jon Williams
stated it is according to debt.
Councilwoman Lichter stated they have to either say no or yes
continue negotiations. Continuing negotiations would be in terms
of lease verses rent. We want to be able to get out of it if
they vote that. They may want to sell it in five or six years or
somebody might offer us a marvelous piece of property and the
market changes or whatever circumstances.
City Manager Hooper stated he wants them to tell him they want
him to negotiate what the next step is. The Council meets. The
Attorneys meet and they turn this 2 page counter offer into a 20
page lease agreement to come back to Council to be discussed at a
public hearing.
Mayor Schmidt opened the public hearing.
The following citizens spoke:
~ke Visconti, 316 Pine Breeze Drive, stated his personal opinion
is we can have our cake and eat it. According to City Manager
Hooper to renovate the present City Hall they are going to take
$2 million. City Manager Hooper informed him it depends on what
you do with it. You could renovate just the interior for a half
a million. If you add a second story, your talking another.
Page -10-
Council Regular Meeting
June 6, 2005
'-"
"wi
Mr. Visconti stated the last time they talked about the bank was
asking $5.2 million. city Manager Hooper stated the bank has
been at $2.2 million if you bought it. The construction of a new
facility and the purchase of land is estimated to be in the $5
million to $7 million range.
Mr. Visconti feels if they use a million dollars to renovate the
existing city Hall and take the million dollars off of the
purchase of the bank, then it goes to $3.92 million. city
Manager Hooper informed him he is assuming we have a million
dollars that is not there. Mr. Visconti stated even if they
decide to renovate this piece of property, they have to move
somewhere and pay rent for the year or two years it would be. If
the city does lease the bank, five years from now the property
will still be here. The bank itself could pay for your new city
Hall and this piece of property later on in time. He feels the
City has lost a lot of places it intended to build a City Hall.
By the time they purchase land to build a new City Hall it will
cost between $8 million and $10 million. He feels it will cost
the City more money in the long run. He encouraged the Council
to think about it.
Dominic Capria, 606 Topside Circle, stated these years they have
been fighting for City Hall, all they kept hearing from Regions
Bank was the City better hurry up because they have another
buyer. He feels if it could have been sold, it would have been
sold.
Mr. Capria stated he voted to buy the bank building. If they
vote to go the way they are going, they are overruling the
majority of people who voted against it. He urged the Council to
keep this in mind and feels that is important.
Mr. Capria spoke about the millage rate of .47 mills. He spoke
of this not including dollars that when you are doing your
budget, there are so many months in between, that the City will
be receiving tax dollars for new construction. He spoke of no
one knowing what this figure is and this being put in the
reserves. He feels if they come up with that figure they can
probably reduce the .47 and maybe even go back to the roll back
rate.
Mr. Capria commented on capital projects. He questioned what the
capital projects are that the City would not do. He knows they
said once before roads but questioned if there is anything other
than roads that we will not do in order to buy this bank. City
Manager Hooper informed him there is not.
Page -11-
Council Regular Meeting
June 6, 2005
~
."
Pat Card, 3019 Willow Oak Drive, thanked the Council for
considering this. They started this to make sure the Council had
the opportunity to step up and make a decision about whether or
not the priorities in this City include a new City Hall. If in
their opinion they do not include a new City Hall, then there is
no need to do anything about throwing money down that same thing
to fix the existing one. Until the City gets a new City Hall,
they really shouldn't put any more money into the existing site
then they absolutely have to. If the Council decides they would
really like to have a new City Hall on the other side of I-95, he
urged Council to keep in mind that 60% of the City is still going
to live along U.s. #1. He feels the Council is in a position to
determine what is right for the City.
Councilman Brown made a motion to direct City Manaaer Hooper to
continue neaotiations to brina back all pertinent information of
the leasina of the bank property and bank buildina and see if we
can't not start payments until they can move into the bank
buildina, second bv Councilwoman Rhodes.
The MOTION CARRIED 5-0.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2005-0-21, the City of Edgewater
requesting a text amendment to Article III of the City
of Edgewater Land Development Code
Paralegal Matusick read Ord. 2005-0-21 into the record.
City Manager Hooper made a staff presentation.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2005-0-21, the City of
Edaewater reauestina a text amendment to Article III of the City
of Edaewater Land Development Code as corrected, second bv
Councilman Brown.
Councilman Brown stated on Page III-21, Section 21-34.14(f) has
been changed to professional office uses are restrictive and
shall be designed to primarily serve the populous of the general
vicinity. City Manager Hooper further commented on the change
described by Councilman Brown.
Page -12-
Council Regular Meeting
June 6, 2005
'-"
....,
The MOTION CARRIED 5-0.
B. 2nd Reading, Ord. No. 2005-0-14, Glenn Storch
requesting annexation of 80.97~ acres of land located
west of US1 and northwest of William street
Paralegal Matusick read Ord. 2005-0-14 into the record.
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 Ord. 2005-0-14, Glenn Storch
reauestina annexation of 80.97+ acres of land located west of US1
and northwest of William Street, second bv Councilwoman Lichter.
The MOTION CARRIED 5-0.
C. 2nd Reading, Ord. No. 2005-0-15, J. C. & Rosemary
Carder requesting annexation of 24.26~ acres of land
located east of US1 and north of Godfrey Road
City Manager Hooper stated this has been continued until
September 12th. That one has problem with contiguity and there
is another parcel coming in that will make that contiguous.
Councilwoman Rhodes moved to continue Ord. 2005-0-15 until
September 12~, second bv Councilwoman Lichter.
The MOTION CARRIED 5-0.
D. 2nd Reading, Ord. No. 2005-0-19, Riverclub - SeaGate
Investments, LLC requesting annexation of 41.89~ acres
of land located east of US1 and south of River Park
Boulevard
Paralegal Matusick read Ord. 2005-0-19 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 -13-
Council Regular Meeting
June 6, 2005
......,
...."
Councilman Brown moved to approve Ord. 2005-0-19, Riverclub -
SeaGate Investments, LLC reauestina annexation of 41.89+ acres of
land located east of US1 and south of River Park Boulevard,
second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
Mayor Schmidt asked for an update on Edgewater Lakes at the first
meeting in July.
E. 1st Reading, Ord. No. 2005-0-18, Rodney Jones
requesting annexation of .68~ acres of property located
at 1155 Old Mission Road
Paralegal Matusick read Ord. 2005-0-18 into the record.
city Manager Hooper made a staff presentation.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2005-0-18, Rodney
Jones reauestina annexation of .68+ acres of property located at
1155 Old ~ssion Road, second by Councilman Brown.
The MOTION CARRIED 5-0.
F. 1st Reading, Ord. No. 2005-0-29, David Lind requesting
annexation of 4.1~ acres of land located at the
northeast corner of US1 and Jones Fish Camp Road
Councilwoman Lichter expressed concern with the Voting District
being listed as Voting District 1 on the Agenda Request.
Paralegal Matusick confirmed it does say Voting District 4 in the
ordinance.
Paralegal Matusick read Ord. 2005-0-29 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 -14-
Council Regular Meeting
June 6, 2005
'-'
'>wI
Councilwoman Rhodes moved to approve Ord. 2005-0-29, David Lind
reauestina annexation of 4.1+ acres of land located at the
northeast corner of US1 and Jones Fish Camp Road, second by
Councilwoman Lichter.
The MOTION CARRIED 5-0.
G. 2nd Reading, Ord. No. 2005-0-20, Daniel and Christine
Herman requesting an amendment to the Comprehensive
Plan Future Land Use Map to include 3.65~ acres of land
located west of US1 and south of Jones Fish Camp Road
as Commercial with Conservation Overlay
Paralegal Matusick read Ord. 2005-0-20 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 Brown moved to approve Ord. 2005-0-20, Daniel and
Christine Herman reauestina an amendment to the Comprehensive
Plan FUture Land Use Map to include 3.65+ acres of land located
west of US1 and south of Jones Fish Camp Road as Commercial with
Conservation OVerlay, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
H. 1st 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.
Councilwoman Lichter asked how to get to Eels Grove Road. City
Manager Hooper informed her by way of Cow Creek Road.
Councilwoman Lichter asked about the comment under Consistency
with Comprehensive Plan. Vacant parcels or tracks of land that
do not meet the proceeding criteria are in areas that have not
been previously platted with lots less than 5 acres and shall
only be directed with five acres or greater.
Page -15-
Council Regular Meeting
June 6, 2005
.........
.....,
Chief Planner Darren Lear explained that is the County's Rural
designation which it is changing from to the City's which is
going to the low density transition which is one unit per acre.
City Manager Hooper made a staff presentation.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2005-0-27, Robert
Jalbert, Sr. recroestinq an amendmen t 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 5-0.
I. 1st Reading, Ord. No. 2005-0-22, Glenn Storch
requesting an amendment to the Comprehensive Plan
Future Land Use Map to include 36.07~ acres of land
located west of US1 and north of Clinton Cemetery Road
as Commercial with Low Density Residential with
Conservation Overlay
Paralegal Matusick read Ord. 2005-0-22 into the record.
City Manager Hooper made a staff presentation.
Councilwoman Lichter asked about the sharp turn on Clinton
Cemetery Road. She never realized it goes back straight and
makes a sharp turn. City Manager Hooper stated it crosses the
railroad track, heads further west and turns north.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2005-0-22, Glenn
Storch recroestinq an amendment to the Comprehensive Plan FUture
Land Use Map to include 36.07+ acres of land located west of US1
and north of Clinton Cemetery Road as Commercial with Low Density
Residential with Conservation OVerlay, second by Councilman
Brown.
The MOTION CARRIED 5-0.
Page -16-
Council Regular Meeting
June 6, 2005
'-"
....,
J. 1st Reading, Ord. No. 2005-0-23, Glenn Storch
requesting an amendment to the Comprehensive Plan
Future Land Use Map to include 154.97~ acres of land
located west of US1 and northwest of William Street as
Low Density Residential with Conservation Overlay
Paralegal Matusick read Ord. 2005-0-23 into the record.
City Manager Hooper made a staff presentation.
Councilwoman Rhodes questioned there not being commercial on U.S.
#1 on this piece. City Manager Hooper informed her that is
correct.
Councilwoman Lichter stated it is hard to understand that Volusia
County calls Urban Low Intensity and allows cluster and zero lot
lines. City Manager Hooper explained Volusia County's Comp Plan
is very old in this area and hasn't been updated in ten or
fifteen years to accommodate some of the different concepts of
planning, particularly along the U.S. #1 corridor.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Rhodes moved to approve Ord. 2005-0-23, Glenn Storch
reauestina an amendment to the Comprehensive Plan FUture Land Use
Map to include 154.97+ acres of land located west of USl and
northwest of William Street as Low Density Residential with
Conservation OVerlay, second by Councilman Brown.
The MOTION CARRIED 5-0.
K. 1st Reading, Ord. No. 2005-0-24, Joe Sfera requesting
an amendment to the Comprehensive Plan Future Land Use
Map to include 12.01~ acres of land located west of US1
and south of 4100 US1 as Commercial with Conservation
Overlay
Paralegal Matusick read Ord. 2005-0-24 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 -17-
Council Regular Meeting
June 6, 2005
'-"
....."
Councilman Brown moved to approve Ord. 2005-0-24, Joe Sfera
reauestina an amendment to the Comprehensive Plan FUture Land Use
MaP to include 12.01+ acres of land located west of US1 and south
of 4100 US1 as Commercial with Conservation OVerlay, second bY
Councilwoman Rhodes.
The MOTION CARRIED 5-0.
L. 1st Reading, Ord. No. 2005-0-25, Ernestine Kayat
requesting an amendment to the Comprehensive Plan
Future Land Use Map to include 37.26~ acres of land
located west of 4100 S. US 1 and Relocation Road as
Industrial with Conservation Overlay
Paralegal Matusick read Ord. 2005-0-25 into the record.
City Manager Hooper made a staff presentation.
Mayor Schmidt asked if this piece includes the building. City
Manager Hooper stated this piece is vacant and located behind the
building to the west.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2005-0-25, Ernestine
Kayat reauestina an amendment to the Comprehensive Plan FUture
Land Use Map to include 37.26+ acres of land located west of 4100
S. US 1 and Relocation Road as Industrial with Conservation
OVerlay, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
M. 1st Reading, Ord. No. 2005-0-26, Robert Jalbert, Sr.
requesting an amendment to the Comprehensive Plan
Future Land Use Map to include 12.38~ acres of property
located at 2203 and 2295 Cow Creek Road as Agriculture
and Low Density Transition with Conservation Overlay
Paralegal Matusick read Ord. 2005-0-26 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 -18-
Council Regular Meeting
June 6, 2005
.....
....,,;
Councilman Brown moved to approve Ord. 2005-0-26, Robert Jalbert,
Sr. reauestina an amendment to the Comprehensive Plan Future Land
Use MaP to include 12.38+ acres of property located at 2203 and
2295 Cow Creek Road as Aariculture and Low Density Transition
with Conservation Overlay, second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
N. 1st Reading, Ord. No. 2005-0-28, J. C. and Rosemary
Carder requesting an amendment to the Comprehensive
Plan Future Land Use Map to include 24.27~ acres of
land located east of US1 and north of Godfrey Road as
Low Density Residential with Conservation Overlay
City Manager Hooper informed Council Item N has been withdrawn
because it was the annexation that was continued so this will go
in next year's Comp Plan amendment.
O. 1st Reading, Ord. No. 2005-0-30, Scott Tobin requesting
an amendment to the Comprehensive Plan Future Land use
Map to include 30.01~ acres of land located east of US1
and north of Jones Fish Camp Road as High Density
Residential with Conservation Overlay
Paralegal Matusick read Ord. 2005-0-30 into the record.
City Manager Hooper made a staff presentation.
Councilwoman Lichter stated whenever something is made more
intense than it is in the County she has questions. She asked if
the corner on U.S. #1 and Jones Fish Camp Road is where the boat
fixing business is.
Scott Tobin stated the corner of Jones Fish Camp Road that abuts
their property is currently vacant commercial property.
Councilwoman Lichter then asked if there will be units on Jones
Fish Camp Road. Mr. Tobin stated they are working on their
development plan and they don't have any access in their design
onto Jones Fish Camp Road or any units. The current property
designation, a portion of it is industrial and a portion of it is
Urban Medium Density. They have done preliminary traffic studies
that were submitted with the application and the traffic count
has decreased with them getting rid of the industrial.
Page -19-
Council Regular Meeting
June 6, 2005
.~
....."
At this point, the tape became inaudible.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2005-0-30, Scott Tobin
reauestina an amendment to the Comprehensive Plan FUture Land use
Map to include 30.01+ acres of land located east of US1 and north
of Jones Fish Camp Road as Hiah Density Residential with
Conservation Overlay, second by Councilman Brown.
The MOTION CARRIED 4-1. Councilwoman Rhodes voted NO.
P. 1st Reading, Ord. No. 2005-0-31, Rodney Jones, agent
for ASD Properties, requesting an amendment to the
Comprehensive Plan Future Land Use Map to include
100.66~ acres of land located east of Old Mission Road
and north of Mission Oaks Condominium as Medium Density
Residential with Conservation Overlay and Conservation
Paralegal Matusick read Ord. 2005-0-31 into the record.
City Manager Hooper made a staff presentation.
There was discussion regarding the current County zoning and that
City zoning is basically the same and does allow manufactured
homes.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2005-0-31, Rodney
Jones, aaent for ASD Properties, reauestina an amendment to the
Comprehensive Plan FUture Land Use MaP to include 100.66+ acres
of land located east of Old ~ssion Road and north of ~ssion
Oaks Condominium as Medium Density Residential with Conservation
Overlay and Conservation, second by Councilman Brown.
The MOTION CARRIED 5-0.
7 . BOARD APPOINTMENTS
There were no Board Appointments at this time.
Page -20-
Council Regular Meeting
June 6, 2005
'--'
"""""
8 . CONSENT AGENDA
A. Law Enforcement Trust Funds - staff recommending
approval to use the "Trust Funds" in the amount of
$6,325 to purchase a Power DMS Program to be used by
both Police and Fire Departments
Councilwoman Rhodes moved to approve the Consent Aaenda, second
by Councilwoman Lichter.
The MOTION CARRIED 5-0.
There was a ten-minute recess at this time. The meeting recessed
at 8:59 p.m and reconvened at 9:09 p.m.
9. OTHER BUSINESS
A. Tree Permit - Richard Turner, 306 N. Riverside Drive,
requesting a Tree Permit to remove one (1) 47 inch
historic live oak tree from his property
city Manager Hooper made a staff presentation.
Building Official Dennis Fischer made a staff presentation.
Richard Turner, 306 N. Riverside Drive, explained the reason for
his request.
Councilman Brown expressed concern regarding the removal of the
tree.
Bob Baker, 133 Evergreen Avenue, stated the tree was a healthy
tree and was not in favor of removing the tree.
Councilman Vincenzi moved to approve the Tree Permit to remove
one (1) 47 inch historic live oak tree from his property under
the conditions that Section 21-55.08(bJ of the Land Development
Code be met, second by Councilwoman Rhodes.
The MOTION CARRIED 4-1. Councilman Brown voted NO.
B. Personnel Policy and Procedures Manual - staff
recommending approval to replace the current "Manual"
with three (3) separate Personnel Policy and Procedure
Manuals: General/Non-Management personnel, Supervisory
personnel and Directors/Deputy Directors
Page -21-
Council Regular Meeting
June 6, 2005
'-'"
....".;
City Manager Hooper made a staff presentation.
Councilwoman Lichter moved to replace the current "~nual" with
three (3) separate Personnel Policy and Procedure ~nuals:
General/Non-~naaement personnel, Supervisory personnel and
Directors/Deputy Directors, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
C. Grant - staff requesting authorization to request bids
and purchase equipment with funds awarded from the
Department of Homeland Security FY2004 ($143,550)
City Manager Hooper made a staff presentation.
Councilwoman Rhodes moved to reauest bids and purchase eauipment
with funds awarded from the Department of Homeland Security
FY2004 ($143,550), second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
D. ParkTowne Purchase and Sale Agreement (Land Swap) -
staff recommending approval of the property exchange
between the City of Edgewater and Oscar Zeller and
Julian Greene and authorize the Mayor to execute the
documents
City Manager Hooper made a staff presentation.
Councilman Brown moved to approve the property exchanae between
the City of Edaewater and Oscar Zeller and Julian Greene and
authorize the ~yor to execute the documents, second by
Councilwoman Rhodes.
The MOTION CARRIED 5-0.
E. Regions Bank Building - Lease/Purchase proposal
This item was discussed earlier on the agenda.
10. OFFICER REPORTS
A. City Clerk Wadsworth had nothing at this time.
B. Paralegal Matusick had nothing at this time.
Page -22-
Council Regular Meeting
June 6, 2005
'-'
....,
C. City Manager Hooper had nothing at this time.
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 9:30 p.m.
Minutes submitted by:
Lisa Bloomer
Page -23-
Council Regular Meeting
June 6, 2005