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06-21-1999 - Regular "W' ...."" CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 21, 1999 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Randy Allman Councilman James Gornto Councilman Myron Hammond Councilman Gary Roberts Councilwoman Judith Lichter City Attorney Nikki Clayton City Manager Kenneth Hooper City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Police Lieutenant Bucky McEver Present Present Present Present Present Present Present Present Excused Present INVOCATION. PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Reqular Meetinq of June 7. 1999 Councilman Gornto made a motion to approve the June 7, 1999 minutes, second by Councilwoman Lichter. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAQUES There were no presentations at this time. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Mike Visconti, 316 Pine Breeze Drive, stated Edgewater Landing Garden Club is present and their interest is in beautifying and landscaping Edgewater. He spoke about Item 8D. He spoke about the piece of land where the fountain sits being taken by the Department of Transportation. He spoke about the medians and palm trees the City will be giving up with the widening of S.R. 442. He then spoke about the thirteen homes in Florida Shores that will be taken for a retention pond. He feels the City has given up a lot to the Department of Transportation and they should think about the City and its citizens and don't take everything away from us. He is very concerned about this. City Manager Hooper explained the S.R. 442 project ends at u.S. #1, it does not go to Riverside. There is some turn lanes that go in at u.S. #1 and S.R. 442. When they do that, they widen on the east side of u.S. #1 which would put the fountain in jeopardy. This will probably be taken but it doesn't go all the way to Riverside Drive. It is just the area where the fountain sits. City Manager Hooper stated the Department of Transportation has sent us a new landscaping plan. They are putting additional landscaping on top of what they told us we could have for $100,000 and if we irrigate they will put landscaping on S.R. 442. He feels they are doing above and beyond what they originally described. We have requested that and bargained to get that. It doesn't continue on any further to the east then u.S. #1 other than turn lanes and a signal. '-" .., , Councilwoman Lichter stated the plan that has now come about wasn't necessarily the plan everybody wanted. In the end the citizens of Florida Shores came out in full force wanting to be able to exit from every road in that community like they are used to doing. At this point, that cannot be changed. Mr. Tanksley worked with Mr. Grace and did a nice job of camouflaging the poles. Mr. Grace was able to get a pretty nice looking set up without the middle. She feels what we will be getting is the best that any City can ask for. city Manager Hooper explained the designs are about 90%. D.O.T. is going to bid this project in the year 2000, with construction beginning in 2001. D.O.T. has also just given us our permits for the two northerly medians on u.S. #1. In next year's budget is the money to do the southerly two. Councilman Roberts suggested relocating the fountain further back on the green belt a little bit further to the east. He suggested the City landscaping that whole green belt to Riverside Drive. City Manager Hooper suggested looking at the final plans and make those part of what would go back to the advisory board and have them look over what they would want to do with beautification of that area. Councilman Gornto feels there should be sidewalks on both sides of the road going from u.S. #1 to Riverside Drive on S.R. 442. He mentioned replanting some of the palm trees that will be removed from the road project east of u.S. #1 on S.R. 442. Someone has said they aren't worth saving. He feels they have been there a long time and could be put some place else if we had the piece of equipment to do it with. Mr. visconti stated on the left side going toward Riverside Drive there is a big canal. On the opposite side is First union Bank. He doesn't understand where they are going to make this big turn around and move the fountain. He is concerned with moving the fountain after all the leg work that went into it. Doris Hill, 112 Lincoln Road, asked about spending over $50,000 on a consulting engineer. She asked if this is work that could have been done in-house by our engineering department had we not downsized and eliminated it. City Manager Hooper informed her this is something the City would have done anyway. This is a joint agreement with the Department of Transportation. Dominic Capria, 606 Topside Circle, spoke about how nice Edgewater Landing looks. He asked that since they are City roads shouldn't the City be helping them to take care of these pieces of land such as trimming and weeding. He asked Council to look at that. Ferd Heeb stated he has the utmost respect and admiration of our Fire Department. He feels they have done a great job in trying to raise funds for the fireworks display. He feels the fireworks display is a voluntary community event and should be supported by the community voluntarily. If the community didn't support it, then they shouldn't access the taxpayers. Barbara Allison, Edgewater Landing Garden Club, stood up and explained the reason the Garden Club from Edgewater Landing is here is because they are interested in beautifying the fountain that is already established. They would hate to see it pushed back so far that nobody will even notice it. Mayor Allman explained we have no say so over what D.O.T. does. We argued with them before they took the 13 houses and tried to get that stopped. Whatever D.O.T. wants to do, D.O.T. is going to do. Page -2- Council Regular Meeting June 21, 1999 ~ ~ city Manager Hooper explained if the fountain has to be done away with then there is compensation for that. If it is relocated, then there is money to relocate it. That is part of what happens if they take property or relocate private or City property. Some of those are to be negotiated and haven't been declared or decided upon yet. Andy Anderson, pine Tree Drive, asked what it costs the City for the fireworks. City Manager Hooper explained the request is for $5,000. The volunteers put on the fireworks show. Fire Chief Barlow stated the fireworks last year totaled $12,000. He concurred with Mr. Heeb about the cost to taxpayers. He also feels it should be voluntarily and done with donations by people who are interested in watching our fireworks. CITY COUNCIL REPORTS Councilman Roberts asked if they could get a sign posted announcing the beautification project in the medians at the north end of the City. city Manager Hooper stated he would look at the permit but D.O.T. is very restrictive over what can go in. It will start on June 29th and there will be land closures. He agreed to look at this. Councilman Roberts spoke about landscaping the parking lot area at Rotary Park and asked for feed back on cutting in a new entrance off of Park Avenue into the west end of the parking lot. He suggested having another landscaped entrance there. He suggested coordinating with the County when Park Avenue is widened. He suggested putting some of the palm trees from S.R. 442 at Rotary Park. He spoke about there being no shade in that parking lot at all. Councilman Roberts spoke about the Fire station on u.s. #1. He would like to get a message sign incorporated onto the sign that is already there. He feels it would be a great way to announce events in the City. City Manager Hooper agreed to look at this and bring a cost estimate to the next meeting. Councilwoman Lichter spoke about Meadow Lake residents coming in with a request for a sidewalk to run from their development to Indian River Elementary. She asked to find out if Roberts Road is a City road or County road. Councilwoman Lichter stated she heard people in the audience the night they were discussing the free standing garages stating they moved to Florida Shores so they would have no restrictions otherwise they would have moved to a different community. It has been brought to her attention on a piece of paper called New Smyrna Abstract Company. In the conception of Florida Shores there were reservations, restrictions and protective covenants. One paper she has is from the 1950's. The second one she has was still in effect in 1973. Whether these are in effect and to what degree, she is not sure. Councilwoman Lichter went over some of the restrictions. She feels they need to know if these restrictions are still in effect. City Attorney Clayton stated she does not know about the status of reservations of record applicable to Florida Shores but she agreed to start with what Councilwoman Lichter has. She has copies for Council. Mayor Allman had nothing at this time. Page -3- Council Regular Meeting June 21, 1999 ... ....." Councilman Gornto spoke about an article in the News Journal this weekend regarding the $50,000 the state appropriated for abandoned or derelict vessels. He doesn't believe our boat was mentioned. The paragraph that bothered him was that they had located a sailboat somewhere in Daytona that is not on the list to be funded and there was a comment that one might be bumped so that could be moved. He wants to be sure City Manager Hooper keeps us on the top of that list. Councilman Hammond spoke about Rotary Park. He asked if it is owned by the Rotary Park. He was informed it is a City park. The Rotary Club is concerned about the pond that is there, the angle of it and small toddlers falling in. A parent was very concerned about what would happen and who would be held liable if a child did drowned in that pond. He asked about a fence being put up. City Manager Hooper agreed to look into this. Councilman Hammond stated he hasn't seen it but he was told there is a very steep embankment. Councilman Roberts stated it was worse when it was first developed. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Res. No. 99-R-10, James Lau, President, South Volusia Properties, Inc., reauests a plat vacation for blocks 1 & 6-21, J.K. Rowlev's Subdivision Mayor Allman read Res. 99-R-10 and opened the public hearing. City Manager Hooper made a staff presentation. Bob Garthwaite, 10 Lee Drive, stated he has lived at this address for about 35 years and they have enjoyed the woods behind them. They have no objections to this development as long as it is developed to the agreement of the District Courts which was signed July 11, 1988. City Manager Hooper explained it must be developed in accordance to the July 1988 joint stipulation and the current land development codes when they are in effect. James Lau, South Volusia Properties, informed Council he is available to answer any questions. Councilwoman Lichter made a motion to approve Res. 99-R-10, second by Councilman Hammond. The motion CARRIED 5-0. Mayor Allman closed the public hearing. CONSENT AGENDA A. Economic Development Board Appointments - Mavor Allman's appointment to fill the expired term of John Moore: Councilman Gornto's reappointment of Adelaide Carter due to the expiration of her term: Councilman Hammond, Councilman Roberts, and Councilwoman Lichter's appointments due to the termination of Dan Lewis, Theresa David, and Lawrence Holler Mayor Allman appointed Edward Keenan. Councilman Gornto reappointed Adelaide Carter. Councilman Hammond asked to table this until the next meeting. Councilman Roberts appointed Michael Wilson. Councilwoman Lichter appointed Donald Gillespie. Page -4- Council Regular Meeting June 21, 1999 '-' ..."", B. Recreation and Cultural Services Board Appointment - Councilman Roberts appointment due to the resiqnation of Rose Hoffman Councilman Roberts asked to table this until the next meeting so he can speak to people who chose this board as their first choice. C. certificate of Deposit Release - city Manaqer recommendinq release of security and acceptance of the improvements for Blanken's Landinq. D. Garbaqe Truck Bid - Recommendinq acceptance of Clarke Waste Systems. Inc. low bid of $70.621 Councilman Gornto made a motion to approve the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS A. Request for Fundinq - Edqewater Fire/Rescue Association requestinq a $5.000 donation to offset costs of the annual 4th of JulY Fireworks Display George Barlow, 1792 Persimmon circle, Representative, Edgewater Fire/Rescue Association, stated they had a very successful boot drive so $4,000 would round out their fireworks display. This is to be amended from $5,000 to $4,000. Councilwoman Lichter feels it is more than worthwhile to get together to celebrate the birth of our country. She feels New Smyrna should be written a letter and see what they want to contribute because they do watch them. In the past, they have been asked. Mayor Allman feels Oak Hill should be sent a letter also. councilman Hammond moved for approval, second by Councilwoman Lichter. The motion CARRIED 4-1. Councilman Gornto voted NO. B. Special Activity Permit - stonecipher Enterprises. Inc. (Earthquake Maqoon's Bar). 132 W. Park Avenue. requestinq approval to hold a cookout with a band on July 4. 1999 City Manager Hooper made a staff presentation. Councilwoman Lichter moved for approval, second by Councilman Gornto. Councilwoman Lichter asked about the certified mail receipts included in the packet. She was informed the gentleman sent letters to his neighbors. The motion CARRIED 5-0. C. Recreation and Cultural Services Board By-Laws - Board recommendinq Council's approval of the new Boards' bv-laws. City Manager Hooper made a staff presentation. vice Chairman Glenn Murphy was available to answer any questions. Councilwoman Lichter feels this is an excellent job because they have seen the need to break out the beautification and the cultural into a sub-committee and feels they are welcoming the additional responsibilities. Page -5- Council Regular Meeting June 21, 1999 ".,.. ......, Mr. Murphy explained they took the by-laws from both committees and put them together. They have elected their officers and hopes this passes. Councilman Gornto moved for approval, second by Councilman Roberts. The motion CARRIED 5-0. D. S.R. 442 Road Improvement Project - Recommendinq GAl Consultants perform enqineerinq drawinqs for the relocation/upqrade of the city utilities within the state riqht- of-way for $52.950. City Manager Hooper made a staff presentation. staff recommends approval. Councilman Hammond moved for approval, second by Councilman Gornto. The motion CARRIED 5-0. OFFICER REPORTS city Clerk Wadsworth stated she needed Council to elect a delegate to represent Council at the Florida League of cities conference. After some discussion, Councilman Roberts made a motion for Mayor Allman to be the delegate, second by Councilman Gornto. The motion CARRIED 5-0. City Manager Hooper spoke about there being vacancies due to a few of them not going. There has been a request from the Planning and zoning Board to see if there was some additional spaces if some of their members could go. They have polled to find out if there is any interest from the Planning and Zoning Board. They have had four or five comments that there is some interest. If they fund it all, it will be a max of $4,000. He recommended to Council they finish with looking at the overall number of individuals that would like to go and that be incorporated in this year and in following years they invite different boards that have specialties that are coming up through that year. It was the consensus of Council to proceed with this. City Attorney Clayton informed Council of an agenda request that was not included in the packets. It has to do with an emergency repeal of our emergency fire ordinance. She recommended Council consider repealing the emergency ordinance and this would be the first reading. Mayor Allman read Ord. 99-0-17. Councilman Gornto made a motion to approve Ord. 99-0-17, second by Councilman Hammond. The motion CARRIED 5-0. City Manager Hooper informed Council they are looking for some lease spaces for the Parks Department. The administrative office is looking for 900 or 1000 square feet. Mama's Grocery is open and available for lease. He would like to prepare a contract and bring it back to Councilor if it is within his signature authority to do such. This is not a budgeted item. He asked for authorization to negotiate that lease if it is under $15,000. If it is over $15,000 he will bring it back to Council. Councilman Roberts stated he overlooked a couple of the applications that were in the back of his packet for the Recreation/Cultural Services Board. He asked if he could make his appointment. Page -6- Council Regular Meeting June 21, 1999 ....,.. ...", Councilman Roberts appointed James McGuinness to the Recreation/Cultural Services Board. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Nora Jane Gillespie, 1719 willow Oak Drive, assured Council they do not have a problem at Rotary Park. It was taken care of by Gates Castle in 1989 through 1991. Ms. Gillespie spoke about the widening of Park Avenue. Ms. Gillespie spoke about the millions of dollars the Fire Department has saved the city over the years. Dominic Capria, 606 Topside Circle, spoke about the great job done by the Charter Review Committee. He is concerned because they have always asked for public comments and they have had public comments. Going through the Charter, he sees nothing that has changed due to public comments. He feels the elected officials should provide reasons for or against the public comments. Mayor Allman agreed and informed Mr. Capria all of the meetings of the Charter Review Committee were open public meetings which could have been attended. City Manager Hooper informed Mr. Capria of times the public has been involved. Andy Anderson, pine Tree Drive, stated he was told by a policeman a couple of years ago that the only legal fireworks, unless you are a licensed professional, are sparklers. Mr. McEver elaborated on his concern. Fire Chief Barlow agreed to supply a list of what is legal according to state statute. City Manager Hooper stated Mr. Anderson is speaking about what a private citizen can do at his house where Mr. Barlow was addressing the fireworks display. Mr. Anderson wanted to know what fireworks can be used on the street. Mr. McEver explained each year the officers are given a list of explosive fireworks. Mr. Anderson spoke about the fireworks tents that go up. Mr. Barlow informed him they are inspected daily. Mike Visconti, 316 pine Breeze Drive, stated there are two forms for the beautification appointment. Councilman Roberts informed him he already made the appointment. Ed Keenan, 1905 pine Tree Drive, spoke about beautification on S.R. 442. Mr. Keenan informed Council of his trip to Washington. He put in a request for $1,500,000 for the road going west on S.R. 442. ADJOURNMENT There being no further business to discuss, Councilman Gornto made a motion to adjourn. The meeting adjourned at 8:09 p.m. Minutes submitted by: Lisa Kruckmeyer Page -7- Council Regular Meeting June 21, 1999