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04-19-1999 - Regular -- """" " " CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 19, 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 Excused Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of April 5. 1999 Councilman Gornto made a motion to approve the April 5, 1999 minutes, second by Councilwoman Lichter. The motion CARRIED 4-0. PRESENTATIONS/PROCLAMATIONS There were none at this time. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY There were no citizen comments at this time. CITY COUNCIL REPORTS Councilman Hammond had nothing at this time. Councilwoman Lichter informed Council of the ribbon-cutting ceremony of the mural to be held May 3, 1999 at 6:30 p.m. at the tennis courts. She invited the public. Councilwoman Lichter spoke about the Senior Advisory Board meeting she attended on Friday. She spoke about Votran bus stops and there not being a bench in front of Winn Dixie. She asked city Manager Hooper to send a letter to Mr. Fisher from Votran to see about getting a bench put in. Councilwoman Lichter spoke about City Hall being a stop for Votran and the bus not coming here. She asked to include in this in the letter. Councilwoman Lichter spoke about having a bus stop at the recreation complex and it taking a year and a half to get a bona fide bus stop. She feels for the youth and seniors this would be a good idea for them to do. Councilwoman Lichter spoke about a letter they received from Shangri-La residents regarding an unsightly truck that parks next to Dustin's and in front of their property. She asked for this to be looked into. 'OW ...." f councilwoman Lichter spoke about a giant oil tanker that parks on the property south of Nations Bank. Last week he was selling antique machinery. She also asked that this be looked into. councilman Hammond informed Councilwoman Lichter the pole in the mural looks nice. Councilwoman Lichter spoke about the pole being camouflaged as a tree. Mayor Allman stated on April 12, 1999 Governor Bush issued a state of emergency throughout the State of Florida due to the dry conditions we are having. He would like to pass Ord. 99-0-09. City Attorney Clayton informed Mayor Allman to read the caption and explain he would like the Council to consider an emergency ordinance. Mayor Allman read Ord. 99-0-09. Fire Chief Tracey Barlow addressed the dry conditions in Volusia County and the State of Florida. He asked Council to enact an emergency ordinance that will ban any open burning and also asking the community to assist by preparing their own real property as far as establishing a defensible space around their property to help reduce the chance of a brush fire spreading. Councilwoman Lichter moved for approval, second by Councilman Hammond. The motion CARRIED 4-0. Councilwoman Lichter stated eight residents from Pelican Place came in and were no here when they did comments earlier. She asked Mayor Allman if they could see if they have any comments. Mayor Allman informed her he would as soon as Council Reports are finished. Councilman Gornto had nothing at this time. Councilwoman Lichter asked if the residents from Pelican Place had anything to say. They agreed to wait until this item comes up on the agenda. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS ~ Public Hearinq. Ord. No. 99-0-06. amendinq Chapter 4 (Alcoholic Beveraqes) bv amendinq section 4-5(a) (Hours of Sale). addinq section 4-7 (Definitions). 4-8 (Closinq Restriction). 4-9 (Set-ups). 4-10 (Consumption of Alcohol on the Premises of Unlicensed Commercial Establishments). 4-11 (Consumption in Public Places/Siqnaqe Required). 4-12 (Possession of Open containers). and 4-13 (Penalties) City Attorney Clayton elaborated on revisions to the ordinance. Mayor Allman read Ord. 99-0-06 and opened and closed the public hearing. Councilman Hammond asked what happens if an officer walks into a bar and it's after 2 a.m. and there are customers sitting there with a drink. Chief Schumaker stated they shouldn't be. Councilman Hammond if that is a gray area as far as what they could do. Chief Schumaker addressed Councilman Hammond's concern and explained the ordinance also addressed the time frame. The patrons are to be out of the establishment ten minutes after closing time. Councilwoman Lichter made a motion to approve Ord. 99-0-06, second by Councilman Hammond. The motion CARRIED 4-0. Page -2- Council Regular Meeting April 19, 1999 '-' .., ~ Public Hearinq - Ord. No. 99-0-07. amendinq Chapter 17 (Traffic) bv addinq Article IV (Towinq or Impoundinq of Vehicles) Mayor Allman read Ord. 99-0-07 and opened and closed the public hearing. Councilman Hammond made a motion to approve Ord. 99-0-07, second by Councilwoman Lichter. The motion CARRIED 4-0. ~ Res. No. 99-R-04. establishinq Fees/Charqes for Towinq. Impoundinq. Storaqe of Vehicles pursuant to Ord. No. 99-0-07 Mayor Allman read Res. 99-R-04 and opened the public hearing. Carol Goings, 120 Pelican Place, asked what vehicles they are talking about. Mayor Allman explained it is any vehicle the Police Department has towed for whatever reason. Chief Schumaker explained a scenario where a vehicle might be towed. City Attorney Clayton explained Code Enforcement also has the ability to site vehicles that are in locations that are in City right-of-way and eyesores and things like that. She further spoke about a Statute adopted by the State Legislature last year. City Attorney Clayton explained we have obtained the County's fee schedule and although now there is a bill to change making it again the choice of the municipality, at least for the time being we are not in conflict with Volusia County. Our fee schedule is in conformity with theirs, but it is also pursuant to a bid situation in which the City contracts for towing services with Edgewater Towing. Mayor Allman closed the public hearing. Councilman Hammond made a motion to approve Res. 99-R-04, second by Councilwoman Lichter. The motion CARRIED 4-0. ~ Res. No. 99-R-03. authorizinq the Mavor to execute the Florida Department of Transportation utility Aqreement for SR #442 City Manager Hooper made a staff presentation. Councilwoman Lichter asked for an example of City owned utilities and questioned the cost of $250,000. City Manager Hooper stated water and sewer. He spoke about the relocation of the water and sewer lines. Councilwoman Lichter asked about this project being done in two parts because of this being a lot of money to put in the budget for one year. City Manager Hooper explained it is in the utility budget and the City has the money for it. It can't be in conflict when DOT does the road. It is going to be completed in a one-phased construction. Councilman Hammond made a motion to approve Res. 99-R-03, second by Councilman Gornto. The motion CARRIED 4-0. CONSENT AGENDA ~ Board Appointments - Councilman Gornto's reappointment of Sid Corhern and Councilman Hammond's reappointment of Robert Howard to the Construction Requlation Board due to expiration of their terms Page -3- Council Regular Meeting April 19, 1999 .... ...., Councilman Gornto made a motion to approve the Consent Agenda, second by Councilman Hammond. The motion CARRIED 4-0. OTHER BUSINESS ~ Pelican Place pavinq Request - staff requestinq approval to proceed with the desiqn and implementation of a Road Improvement District city Manager Hooper made a staff presentation and recommended approval. Councilwoman Lichter spoke about elderly people having problems breathing because of the dust. Councilwoman Lichter moved for approval, second by Councilman Gornto. The motion CARRIED 4-0. OFFICER REPORTS City Clerk Wadsworth stated City Historian Joanne Sikes has asked the Council to recognize Dr. John Hawks for the Great Floridian 2000 Program which is being put on by the Florida League of cities. She went on to present the details of this program. Councilman Hammond moved for approval, second by Councilwoman Lichter. The motion CARRIED 4-0. City Attorney Clayton had nothing at this time. City Manager Hooper reminded Council of a work session Wednesday at 5:00 p.m. to discuss the gymnasium and the Year 2000 budget. City Manager Hooper spoke about New Smyrna Beach bringing their sidewalk south to the City limits. City Manager Roberts has agreed to split the cost of installing a pedestrian bridge across the canal and has authorized use of his engineers to design the sidewalk that will connect from where ours currently ends at our cost. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Ronald Moriarty, 55 Las Palmas Drive, Eastern Shores Mobile village, representing Easter Shore Mobile Village residents and shangri-La residents, brought to Council's attention a problem that is affecting both parks. He spoke about Audio Vision at 203 W. Marion Ave. which installs radio systems into automobiles. He spoke about the noise and vibrations when they turn up the volume to show new customers. Because of their being in an industrial zone, he is allowed to operate after normal working hours. Code Enforcement advised them they couldn't do anything about it because of the zoning and that they should bring it to Council's attention. It is affecting a lot of people. city Attorney Clayton and City Manager Hooper agreed to look into this. Mr. Moriarty spoke about a second problem on the southwest corner of West Marion and u.S. #1. There is a residence there but the property is zoned commercial. He spoke about the trailers and boats that aren't being used that are operated on this property. They were in the front but are located in the back between their park and the back of the residence. This is affecting people being able to sell their homes. Mr. Moriarty was informed they would have Beverly look into this tomorrow. Mr. Moriarty stated someone may have already said something to them because the vehicles were moved from the front to the back. He feels this is a real eyesore. Page -4- Council Regular Meeting April 19, 1999 ...... ...., Shirley Carder, 3426 Kumquat Drive, stated she is glad to see they have spoken about the wildfires tonight. She spoke about the vacant property around her with debris on it being a fire hazard. She asked if there is something the City can do to remedy this. Fire Chief Barlow discussed vacant lots. He toured the City with the Division of Forestry supervisors and also outside the City to identify hazardous areas to wildfire situations. They looked at some of the vacant property in Florida Shores and it didn't seem to be a great concern of theirs as long as we can establish some type of defensible space between the structures and vacant property. He spoke about there being ten-foot setbacks which only allows a ten-foot defensible area. The Division of Forestry recommends a 30-foot defensible area. He has drafted a sample ordinance and will present it to City Manager Hooper in the near future. Fire Chief Barlow went on to speak about the Home Safety Program. Mr. Moriarty asked what if you have property owned by Florida Power & Light next to you? Mr. Barlow explained he will be asking City Clerk Wadsworth and City Attorney Clayton for assistance regarding the contract agreements on their easements and what their responsibilities are. Andy Anderson, pine Tree Drive, feels they need to act quickly on this fire prevention program. ADJOURNMENT There being no further business to discuss, Councilman Gornto made a motion to adjourn. The meeting adjourned at 7:45 p.m. Minutes submitted by Lisa Kruckmeyer Page -5- Council Regular Meeting April 19, 1999