05-03-1999 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
KAY 3, 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
Present
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
There was a silent invocation and pledge of allegiance to the
Flag.
APPROVAL OF MINUTES
There were no minutes to be approved.
PRESENTATIONS/PROCLAMATIONS
Mavor's Award of Excellence - Marv Lou Keenan
Mayor Allman read a proclamation and presented Mary Lou Keenan
with a plaque. Ms. Keenan thanked Mayor Allman, the Council and
her students.
CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
There were no citizen comments at this time.
CITY COUNCIL REPORTS
Councilman Gornto had nothing at this time.
Councilman Hammond had nothing at this time.
Councilman Roberts reminded City Manager Hooper and Parks and
Recreation Director Jack Corder about the landscape plan for the
fire station on u.S. #1. He asked if Mr. Corder has priced the
materials for the project. city Manager Hooper stated he is
working on it. councilman Roberts stated he is also working on a
project for Rotary Park.
Councilwoman Lichter stated at the League of cities dinner she
picked up Volusia County's ECHO adventures. She passed these out
to Council. She spoke about water restrictions tightening.
Councilwoman Lichter asked about the minutes for the advisory
boards such as Economic Development and Animal Control. City
Clerk Wadsworth informed her she would get those for her.
councilwoman Lichter spoke about a video a lady gave her from a
city in South Carolina. She has an idea for Economic Development
regarding information pertaining to the city being on television.
She feels this is a wonderful idea and asked to pass it on to
city Manager Hooper to show to the Economic Development Board.
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Mayor Allman commended the Fire Department for a job well done at
Dustin's.
PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS
A. First Readinq. Ord. No. 99-0-10. John DaRe and Karen
Rearden. contract purchasers. requestinq annexation of 10+
acres of property located south of West Park Avenue and east
of Carol Ann Drive
Mayor Allman read Ord. 99-0-10 and opened the public hearing.
City Manager Hooper explained staff will be doing a presentation
of the annexations and rezonings at the same time.
Planning Director Lynne Plaskett made a staff presentation.
staff recommends approval.
Councilwoman Lichter asked about the roads within the project
being completed by the developer and then being turned over to
the city. Ms. Plaskett informed her they will stay private
roads.
Councilwoman Lichter asked about the County classification of MH-
4. Ms. Plaskett explained that is a rural mobile home
classification. It is currently zoned for mobile homes on one
acre parcels.
Councilwoman Lichter asked about MH-2. To her knowledge this
means the mobile home is on land the people own beneath it. Ms.
Plaskett elaborated on when Mango Tree Estates was platted in the
70's. The properties within Mango Tree Estates are zoned MH-1,
MH-2 and a small portion is currently zoned 1-1.
Luis Geil, 2105 Saxon Drive, New Smyrna Beach, stated he is
available to answer any questions Council may have and the
applicants are also present.
Councilman Roberts asked about the construction and
infrastructure being done in phases. Once they get approval to
do the subdivision would the roads and infrastructure go in at
one time. Mr. Geil explained Phase I would be to finish the
existing one by paving it.
Councilman Roberts asked when the entrance off Park Avenue would
be established. Mr. Geil stated in Phase II.
Councilman Roberts feels they need to get the main flow of
traffic on to Park Avenue as opposed to Mango Tree Drive.
feels it would be critical up front to get underway right
Councilman Roberts would like to see the entrance done in
I.
He
away.
Phase
City Manager Hooper explained before they can do anything a
master plan has to be done which will come back to Council for
approval.
Councilman Roberts asked if they would have a development
agreement with them before they give approval of rezoning it.
City Manager Hooper elaborated on the process they will have to
follow.
Councilwoman Lichter questioned them being present for two
reasons, annexation and rezoning. She looked at the land and it
doesn't seem logical to her that it is in the County. She feels
this should be part of our city. city Manager Hooper further
informed Council of several steps they have to take.
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Council Regular Meeting
May 3, 1999
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councilman Roberts feels this would be aesthetically pleasing and
would definitely enhance that part of Edgewater. He wouldn't
have a problem with it. It would also increase our tax base.
Mayor Allman asked how many mobile homes they are planning. Mr.
Geil informed him 16. Mayor Allman asked how many lots there
are. Mr. Geil informed him 54.
councilman Roberts stated everyone keeps referring to mobile
homes but from what he understands it is supposed to be
manufactured homes on concrete foundations and not something on
wheels. Councilwoman Lichter stated the federal government and
state government has stringent requirements and do not allow tie
downs.
Mayor Allman is concerned and would like to see the site plan.
As far as annexing the property into the City he doesn't have a
problem with that.
Councilman Gornto feels this would be an asset to the City. He
stated once they do what is proposed tonight, do they have the
right to stop them from continuing with it the way it is. Ms.
Plaskett further elaborated on Councilman Gornto's concerns
regarding what Council can do and the process they have to go
through. City Manager Hooper explained it will probably be a 60
to 90 day reasonable time frame for an engineer to finish doing
what they have got and to get a site plan in to bring before
Council.
Councilman Roberts feels it would be wise to annex this property
and have them consolidate it that way they have full control over
how it is developed.
Fred Igo, 334 Carol Ann Drive, Lot 6, Park Avenue Estates, spoke
in opposition of this annexation and this land being made a
mobile home park.
city Attorney Clayton stated she has reviewed the plat and that
is public record. It was recorded in 1976 and she also reviewed
the restrictions that were recorded the same time the plat was
recorded. She sees no restrictions on the plat nor does she read
any restrictions in the text that prohibit Mrs. Hood from
changing the restrictions. She referred Council to the last
paragraph of the restrictions. The County zoning was changed
from A-1 to MH-4. They have now changed the regulations that
apply to that zoning category so they have already changed some
restrictions. She doesn't see any restrictions that would
prohibit the city from proceeding.
Mr. Igo stated he looked over the restrictions and it talks about
certain things that are supposed to be done with these properties
and this is certainly not one of them. These properties are
restricted in another way. They no longer belong to Mr. Porter.
He has no further say of these things and has no right to say
anything. It is the people that own these properties now. He
questioned why the people in this dedicated community haven't
been consulted. Why don't they have a right to vote on this. He
stated right now they are restricted to one building on each one
of the lots.
City Attorney Clayton stated she agrees they have restrictions
and she agrees there are things there Mr. Igo may wish to pursue
from an individual private owners standpoint but they are not
things that are binding on the city and they aren't restrictions
that prohibit the City or Mr. Porter's successor from making
changes in the property, especially since there are no plans for
the property to access Carol Ann Drive.
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Council Regular Meeting
May 3, 1999
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Mr. Igo stated the issue here is that they bought these pieces of
ground thinking that they were going to be in a restricted area
and would not be subjected to something like this. He feels this
will bring a lot more people to this area.
Mr. Igo stated some years ago the City of Edgewater was
challenged because of spot zoning. Do you realize they are going
to take one piece of business property, one piece of industrial
property, one residential area and they are going to make them
into one? Is that not spot zoning? If it isn't he would like to
know why it isn't. City Manager Hooper explained spot zoning is
the opposite of what Mr. Igo described and further explained what
is being done.
Councilwoman Lichter asked about the orange area on a map that is
zoned MH-4. She questioned the orange area being vacant. Ms.
Plaskett showed Councilwoman Lichter where Mr. Igo lives.
Councilwoman Lichter asked to explain the part about Mr. Porter.
Did someone else own these ten acres? City Attorney Clayton
explained there was a 20-acre parcel owned by Mr. Porter. He
divided it into 15 lots. Twelve and thirteen are in orange.
Those were 2 1/5 acre subdivisions in the county. Each then sold
each of the subdivided lots.
City Manager Hooper explained if this property is annexed into
the City, then it will be rezoned and a new plat if it is
replatted is brought forward.
Mr. Igo stated some of these properties are vacant and feels
Council will be opening a Pandora's Box.
Mayor Allman stated originally he was totally against this.
After finding out who the developer was and seeing how they do
business, it is going to do nothing but enhance that property if
it is done properly from the site plan. Eventually this property
will come into Edgewater anyway. Before this is approved, they
will see a dedicated site plan that they will review. He
informed Mr. Igo he would not suffer property value loss due to
this. This Council will not stand for it.
Mr. Igo doesn't understand how this density is going to improve
his status with 2 ~ acres of ground with one building on it.
Mr. Igo stated part of Carol Ann Drive is dedicated to the city
already. He wrote a letter asking about that road and the
drainage that comes down off of that road on to the rest of Carol
Ann Drive. He would like to know who will be responsible for
that and what they are going to do about it. He asked who will
maintain it and where the water is going to go.
Ms. Plaskett referred to the plat recorded with Volusia County.
It states no governmental agency including the government of
Volusia County shall ever be responsible for the maintenance,
upkeep or improvements of any private drives, roads, streets,
easements, or rights-of-way providing ingress or egress to the
property covered hereby. Every single one of these lots goes to
the center of the road so every single property owner is
responsible for maintaining their own road. She showed what the
City maintains out of courtesy. Mr. Igo stated she is wrong.
Mr. Igo pointed out a portion of the road that has been dedicated
and given to Edgewater. Ms. Plaskett stated not that she is
aware of. Mr. Igo stated Mr. Hood could verify that.
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Council Regular Meeting
May 3, 1999
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Howard Hood, 259 Carol Ann Drive, stated his wife owns the ten
acres that are in question. He pointed out what portion of the
street belongs to the City due to being quit claimed in 1980 or
1981 so Rotary Park could be built. They weren't going to build
that park unless they had that road. The ten acres is bordered by
the City of Edgewater on three sides.
City Manager Hooper spoke about the drainage. He explained the
pre-post development conditions and explained whatever runs off
that property right now in its undeveloped state has got to equal
whatever occurs afterwards.
Mr. Igo spoke about the taxes. This land is all going to be
leased land. Buildings that are put on land like this are going
to be obviously registered or tagged just like they would mobile
homes. He asked if that is correct.
Councilwoman Lichter stated they are manufactured homes, not
trailers. She spoke about Hacienda and Edgewater Landing being
beautiful developments and their meeting the new standards, being
maintained and having rules and regulations.
Mr. Igo stated it is not going to have the tax advantage to the
borough that perhaps some of you think it is going to have. They
aren't going to pay tax on the buildings themselves but on the
land. He is not putting down mobile homes, he is putting down
density.
Bill McComiskey, 266 Carol Ann Drive, stated he bought the first
lot in Park Avenue Estates in 1976. He spoke about promises made
to them in the past that never happened. He hopes if this does
pass Council takes a look at the things people promised that were
never done. He spoke about the water drainage problem they have.
He spoke about not being able to subdivide his property because
the City road isn't paved. They are in a situation they have no
control over. He urged Council to make sure they look closely at
the site plan.
Mayor Allman stated when they do develop this land it is going to
raise it and asked how much it is going to affect the surrounding
area as far as water runoff. City Manager Hooper explained it
can't affect it. If you raise a portion here, you've got to do
compensating storage in a lower portion somewhere else. The
runoff conditions can't exceed what they are today in its natural
conditions.
Mr. McComiskey spoke about when wildwood Subdivision was put in.
Councilman Hammond spoke about them currently being in the County
and if this goes through they will be in the city. Long range
outlook, sooner or later you will probably be in the City.
Mr. McComiskey stated when he bought this property his wife was
on his shoulders and he walked in from Park Avenue through the
shrub. We bought that piece of property to be out in the woods
and have our piece of the rock. Things are developing and
changing and if they change, he is leaving.
Councilwoman Lichter spoke about Carol Ann Drive being 2,116 feet
of unpaved road. She stated if the beginning of the road gets
paved and the rest on that road is in the County and still
wouldn't meet the requirement of one acre lots with paved roads.
Mr. McComiskey explained the first step to doing any subdivision
on County property is to have this paved road. They can't do
anything more than what they have with their paved road now or
ever until the city part is done.
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Council Regular Meeting
May 3, 1999
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Mike Hendricks, 113 Carol Ann Drive, explained he is very
concerned with three homes that will now be surrounded on all
sides by very high density. He thinks everyone living on Carol
Ann Drive is concerned with the same thing. They all bought out
there with reasonable expectations of a low density area. He
spoke about allowing a density twenty times what is in existence
out there right now. He spoke about kids from wildwood causing
disturbances through the night. He feels the property will be
devalued because of no longer having privacy. He spoke about
rental property devaluating the property of surrounding owners
just for the sheer fact it is rental property. He doesn't think
the issue is what their legal protection is. They look to the
Council to protect existing residents. Not one resident on Carol
Ann Drive want this other than the people involved in the
transaction. If you approve this, that is minority rule.
Mayor Allman again read Ord. 99-0-10 and closed the public
hearing.
Councilman Roberts made a motion to approve Ord. 99-0-10, second
by Councilman Gornto. The motion CARRIED 5-0.
Councilwoman Lichter asked the applicants if they are planning on
making this an adult park. Karen Rearden stated it is not going
to be strictly 55 and older. It will allow young adults as well
as families.
B. First Readinq. Ord. No. 99-0-11. John DaRe and Karen
Rearden. contract purchasers. requestinq rezoninq of 10+
acres of propertv located south of West Park Avenue and east
of Carol Ann Drive. from County MH-4 to city MH-1
Mayor Allman read Ord. 99-0-11 and opened the public hearing.
Due to there being no comments, Mayor Allman closed the public
hearing.
Councilman Roberts made a motion to approve Ord. 99-0-11, second
by Councilman Gornto. The motion CARRIED 5-0.
C. First Readinq. Ord. No. 99-0-12. John DaRe and Karen
Rearden. contract purchasers. requestinq rezoninq of 1.03+
acres of property located on the corner of West Park Avenue
and Carol Ann Drive. from B-2 to MH-1
Mayor Allman read Ord. 99-0-12 and opened the public hearing.
Mr. Igo feels three different zones are being made into one and
are adjacent to an industrial area and he doesn't feel this is
proper.
Due to there being no further comments, Mayor Allman closed the
public hearing.
Councilman Roberts made a motion to approve Ord. 99-0-12, second
by Councilman Gornto. The motion CARRIED 5-0.
D. First Readinq. Ord. No. 99-0-13. John DaRe and Karen
Rearden. contract purchasers. requestinq rezoninq of 3.0+
acres of property located on West Park Avenue and east of
Carol Ann Drive. from 1-1 to MH-1
Mayor Allman read Ord. 99-0-13 and opened the public hearing.
Due to there being no comments, Mayor Allman closed the public
hearing.
Councilman Roberts made a motion to approve Ord. 99-0-13, second
by Councilwoman Lichter. The motion CARRIED 5-0.
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Council Regular Meeting
May 3, 1999
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City Attorney Clayton asked if any of the Council had
conversation with any of the parties outside of the public forum,
now is the time to acknowledge that on public record.
Mayor Allman listed the people he spoke to and was against this
in the beginning but now feels it will enhance the property value
of not only their property but the people surrounding them.
Councilman Roberts disclosed he spoke to Mr. DaRe. He doesn't
think this should be a problem. He understands the people on
Carol Ann Drive having concerns but they don't own that property
and they can't tell other property owners what they can and can
not do with their own property.
Councilwoman Lichter disclosed she spoke to Mr. DaRe. She thinks
this cleans up the zoning contrary to called spot. It was awful
spotty before and now looks like a nice rectangle.
Councilman Roberts feels the commercial and industrial property
along Park Avenue that they are changing along Carol Ann would be
much better used as part of a residential subdivision being right
across from a park then having a business go up on that corner.
Councilwoman Lichter feels someday they should look into the
paving of Carol Ann Drive.
Councilman Hammond disclosed he spoke to Mr. DaRe.
Councilman Gornto spoke to the developers about the project and
rode through the existing project as it stands today.
E. Emerqencv Ord. No. 99-0-14. Amendinq Chapter 10 (Health and
Sanitation) Article V (Weeds and Grass) and creatinq Chapter
10.5 (Burn permits)
Mayor Allman read Ord. 99-0-14 and opened the public hearing.
City Manager Hooper made a brief staff presentation.
Due to there being no comments, Mayor Allman closed the public
hearing.
Councilman Hammond asked about the people owning vacant lots
maintaining a 20-foot setback. City Manager Hooper elaborated on
the process. He spoke about public safety.
Councilman Roberts asked about a home in Florida Shores that
would have vacant lots surrounding it. city Manager Hooper
explained there would have to be a 20-foot band all the way.
Councilman Roberts expressed concern with people that own
property and live out of state. He asked if they will be looking
at this all year round or only pursuing this during a dry season.
city Manager Hooper explained it will be in place all year round.
Councilman Hammond asked about Florida Power & Light and the
power lines going between the homes on the back side in Florida
Shores. City Manager Hooper explained they have been contacted
and agreed to go in and do the same on their power line
easements.
Councilwoman Lichter spoke about this pertaining to the whole
City and not just Florida Shores. She spoke of phone calls she
has received regarding vacant lots and people being afraid to
clear their neighbors properties. She thinks if city Attorney
Clayton thinks this is legal it behooves them to put it into
effect.
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Council Regular Meeting
May 3, 1999
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City Attorney Clayton spoke about the three feet height for the
brush.
Councilwoman Lichter spoke about appearance.
Fire Chief Barlow spoke about the out of town property owners and
the way Flagler handles this. He further spoke about burn
permits.
Councilman Roberts feels even with a permit they should restrict
burning in subdivisions. Chief Barlow further spoke about
issuing burn permits. Councilman Roberts stated normally the
County only issues them for large land clearing operations. Chief
Barlow stated but they do allow for trash and rubbish burning on
a day-to-day basis.
George Ewing, 2925 Royal Palm Drive, asked if this applies to
trees. city Attorney Clayton informed him no. Mr. Ewing asked
if this includes the sides or just the frontage. Mr. Barlow
explained a portion of it includes the frontage of developed
sidewalks, bike paths, etc. Mr. Ewing asked if the City is going
to clear the first 15 feet. City Manager Hooper stated if it is
city owned and City maintained we are probably currently clearing
it. If they aren't, they will look at doing such.
Councilwoman Lichter asked if it is a vacant lot, does the City
still own the 15 feet. City Manager Hooper explained it is a
platted right-of-way dedication to the City.
Mr. Ewing asked about the rear and people having fences right on
the power line. He asked that this be clarified. Mayor Allman
explained this is designed to make it a lot safer with the fire
situation. Mr. Barlow spoke about the power line easements.
Councilman Gornto made a motion to approve Ord. 99-0-14, second
by Councilwoman Lichter. The motion CARRIED 5-0.
F. Res. No. 99-R-06. Establishinq Burn Permit Fees
Councilman Gornto made a motion to approve Res. 99-R-06, second
by Councilman Hammond. The motion CARRIED 5-0.
CONSENT AGENDA
A. Board Appointments - Councilman Roberts' appointment to the
Construction Requlation Board due to expiration of Michael A.
Bosse's term.
Councilman Roberts reappointed Michael A. Bosse.
B. Board Appointments - requestinq affirmation of the
Firefiqhters Pension Board to reappoint Gary Butt due to the
ex?iration of his term and the pension memberships' choice of
Jill Klem as their representative
Councilwoman Lichter made a motion to approve the Consent Agenda,
second by Councilman Roberts. The motion CARRIED 5-0.
OTHER BUSINESS
There was no other business to discuss at this time.
OFFICER REPORTS
City Clerk Wadsworth had nothing at this time.
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Council Regular Meeting
May 3, 1999
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city Attorney Clayton passed out a letter from
state Attorney regarding the News Journal case
further action by their office is unwarranted.
had Mr. Tanner say he can't find any reason to
open.
the Office of the
which states
We have finally
hold the matter
city Manager Hooper spoke about representatives from two
subdivisions that came to the last meeting regarding noise from
Audio Vision. The individual has been notified and has made
changes to how he operates. He feels this problem has been
solved. Letters are being sent to both homeowner's association
presidents asking them if there is any further continuance of
that to notify the city.
City Manager Hooper spoke about the computer conversion being
done by HTE. The billing on the water and sewer customers is
changing. Currently we bill to the nearest thousands. With the
new HTE program, we are going to bill the actual amount. He is
bringing this to Council's attention in case they get calls on
it.
City Manager Hooper explained they are making progress with the
owner of the two lots to the north for the sidewalk. Liz has met
with both owners and they are working out a final agreement to
acquire the right-of-way and easements.
Councilman Gornto questioned the way New Smyrna will be coming
down. City Manager Hooper elaborated.
City Manager Hooper spoke about residents on South Air Park Road
being interested in doing the road improvement assessment and the
process they are going through.
City Manager Hooper explained they are very close to having the
language modification with the Charter. He asked for Council
direction. If they want to hold the first public hearing or do
they want to have another work session for just the Council.
Mayor Allman would feel more comfortable with another work
session. Councilwoman Lichter doesn't think they have had a
chance amongst themselves to get a consensus of what they want.
City Manager Hooper stated they would schedule the first work
session, possibly on a Council meeting night but an hour early.
Councilman Roberts asked when McKim & Creed will be ready to put
the gymnasium project out for bids. City Manager Hooper stated
they have given him a schedule and he is going to say late July
for bids.
Mayor Allman asked when they would have a ground breaking. City
Manager Hooper informed him August, September at the latest.
City Manager Hooper informed Council he received the FIND master
plan today for him to review. That will be placed on the agenda
very soon.
Councilman Roberts stated with the FIND project, when can they
break off of Mango Tree and create the entrance. City Manager
Hooper explained they don't control it. That is done with FIND
who will have the ability and permits to do such probably about
the same time as the gymnasium. When they decide to spend the
money and do something with it that is their control, not the
City's. They will be in town next week to go over their
schedule.
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Council Regular Meeting
May 3, 1999
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GENERAL CITIZEN COMMENTS/CORRESPONDENCE
Mike Visconti, 316 pine Breeze Drive, spoke about water
conservation. He feels they need to conserve water.
Mr. Visconti stated according to Tallahassee they approved a
budget for Florida and the local projects are listed in the
Journal. Every city but Edgewater is listed for grants. He
questioned why we aren't getting grants from the state.
Mr. Visconti spoke about what happened to the children in
Colorado at the school. He feels they need to put prayer back
into schools.
City Manager Hooper spoke about grants the City receives through
the year. We did not seek capital from the state, we have sought
it from the federal government on our gymnasium to make it a
hurricane shelter.
Councilwoman Lichter stated she seen the list and it seemed like
we were excluded. She spoke about SR 442. She feels they never
see the state representative. She thinks it wouldn't hurt them
to put on record to our State Senator and House Rep what
Edgewater needs. She is making this is in form of a motion and
we would appreciate her attendance to talk to the City about some
of its needs.
Ed Keenan, 1905 pine Tree Drive, informed Council of a meeting he
had with Senator Locke Burt. He discussed with him grants to get
more wells on SR 442. He spoke about fire breaks for SR 442 and
several purposes this could be used for. He spoke about sending
FEMA trailers to Kosovo.
Mr. Keenan stated money doesn't walk in the door, you have to go
out and get it.
ADJOURNMENT
There being no further business to discuss, Councilman Gornto
made a motion to adjourn. The meeting adjourned at 9:05 p.m.
Minutes submitted by
Lisa Kruckmeyer
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Council Regular Meeting
May 3, 1999