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12-18-2000 - Regular , \ ..., 'W/f "" , ' CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 18, 2000 7:00 P.M. COKKUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Legal Assistant 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. APPROVAL OF MINUTES Reqular Meetinq of October 23. 2000 Councilman Vincenzi made a motion to approve the October 23, 2000 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS A. citizens Land Develooment Code Review Committee's recommendations oresented bv Chairman Harold Card Mayor Schmidt thanked the Committee for all the work they did. Dan Holland stated Chairman Card deserves a pat on the back for dealing with fifteen people. Chairman Card started his presentation describing how the Committee's meetings were handled. He further made a presentation with regard to the recommendations of the Land Development Code Review Committee in reference to: Recommended Definition Changes or Additions, sections 21-34.04 - Inoperable, Abandoned and/or Wrecked Vehicles, 21-34.05 - Vehicle Restoration & Permits - For Residential properties, 21-34.06 Watercraft, Watercraft Trailers, Motor Homes, Recreational Vehicle Trailers, Trailers and Campers and 21-35.04 Canopies/Temporary Car Ports and Tents/Gazebos. Councilman Brown asked if the number of donor vehicles was discussed under section 21-34.05. Chairman Card stated they did not set a limit on the number of donor vehicles. Mr. Holland stated percentage of vehicles per square foot comes up later on. Councilman vincenzi asked about Item D under section 21-34.05. He questioned there being a certain process to go through. Chairman Card commented on it being difficult to find certain parts. The trick is you have to tell Code Enforcement what the plan is for restoring this and how you intend to go about it. Councilman Brown questioned with regard to Section 21-34.06 routine repairs can be done in a day and how they will know if someone has been working on a vehicle for three months and if they will have a permit to do repairs. '-' ..." Chairman Card stated that was not specified asa part of that but he knows changes were made in other sections. Mr. Holland stated they brought in a community specialist who is in the industry of watercraft and they posed the question to him what is standard maintenance. He further referred to nuisance with regard to having parts lying in your yard. Mr. Heeb stated the two subjects are not necessarily related. They were trying to establish that in three months if you own a watercraft and it is broken you aren't supposed to keep it in your yard for three months.. You have to get it fixed. The other section says if you are going to do the fixing yourself, all you can do is routine maintenance. Councilwoman Lichter questioned additional vehicles being parked in certain areas for no longer than two weeks with regard to Item I of section 21-34.06. Chairman Card elaborated on the intent of this. He doesn't think this is going to be a major problem. They were looking to limit this so it would not create a nuisance. Councilwoman Rhodes referred to Item H of section 21-34.06 and stated you don't want to always have to go to City Hall to get a permit for everything you are doing. She asked if the Committee explored Code Enforcement keeping a log rather than having to come down and get a permit. Chairman Card stated they thought it would be a quick and easy thing. Mr. Heeb commented on there being a permit for visitors now for a seventy-two hour period which they have extended to two weeks. Councilwoman Rhodes again questioned Code Enforcement making note of these vehicles. Chairman Card spoke about not knowing if the vehicle is owned by the person that resides there. If it is going to be a visitor, you have to tell them it is going to be a visitor. Mr. Holland spoke about enforcement. Councilwoman Rhodes feels when a permit is required, people don't get the permit and they do what they want to do and half the time they are not caught anyway. She is trying to make it easier by possibly contacting City Hall and let them know. Chairman Card didn't have a problem with this. Mr. Holland stated you could say the same thing with the restoration permits. Chairman Card wouldn't want to do that with restoration permits. Councilwoman Rhodes agreed. She feels a restoration permit is a commitment. Councilwoman Lichter commented on why she feels a permit is needed. Councilwoman Lichter again referred to Item I and asked if the Committee is trying to put a limit on how many vehicles can be there. Chairman Card stated on a 10,000 square foot lot, two can be there all the time. Councilwoman Lichter spoke about aesthetics. City Manager Hooper commented on the word nuisance. Councilwoman Lichter mentioned parking vehicles in the swales. There was a discussion regarding swales being off limits. Chairman Card commented on setbacks such as in Florida Shores. If you are going to park something, you can't allow it to go over the property line. You limit anything on the driveway to about 28 feet. He commented on this being a performance standard rather than an arbitrary standard. He also spoke about being able to park in the side yard. He commented on how to find your property lines. Councilwoman Lichter expressed concern with the proximity to the neighbor's property line. You can literally be an inch from the property line. Chairman Card stated as long as you don't go over the property line you are okay. Susan Hammond, 2119 Sabal Palm Drive, spoke about the houses in Florida Shores that have garages that extend over their driveways. Chairman Card explained the setback is from the front of the garage. Page -2- Council Regular Meeting December 18, 2000 W' ....., Ms. Hammond spoke about people in her neighborhood that have a motor home with a trailer on the back to load their car on and have two cars in the driveway. She has a neighbor that has a garage door opener that she can not use until she is in her driveway because of the impediment of the trailer. She spoke of there being three vehicles in the driveway and four with the trailer. Mayor Schmidt stated he can think of two or three that he drives by every day that because of the length and because of the 30 foot setback aren't going to conform to this. Councilman Vincenzi referred back to Item A of Section 21-34.06 and questioned how you know if they have a valid tag. He spoke about when he served on Code Enforcement and people backing in the vehicle and Code Enforcement not being allowed to trespass on people's properties. Mr. Holland stated Code Enforcement is under the jurisdiction of the Police Department and they can go on the property and check it out. Mayor Schmidt stated they will make sure the language is stated in there as such that people understand. City Manager Hooper stated that is one of the reasons they put Code Enforcement under the Police Department, to enable them to have access where they need to. Mr. Holland briefly spoke on donor vehicles. explained what the Committee tried to do was information in so if people wanted to become be able to go and get the information. Chairman Card put extra informed, they would Councilwoman Lichter feels the boats make five times more sense than it ever did. Mike Visconti, 316 pine Breeze Drive, asked about flood control gullies in front of homes and how do they get by that. Mayor Schmidt stated that is City property and they aren't supposed to extend into that. Councilwoman Lichter spoke about gazebos being different than canopies. Chairman Card commented on the gazebos he was referring to. Anything that is a permanent structure has to have a building permit. Councilman Brown referred to section 21-35.04 Item E. He spoke about canopies over above ground pools. Chairman Card didn't feel they needed to specify that. Mr. Holland stated what they addressed as far as the canopies they tried to address mostly the front and side. Chairman Card spoke about the concern of items such as furniture being stored under the canopies. He didn't feel a pool would be considered storage. City Manager Hooper spoke about pool enclosures requiring permits which falls under the Southern Standard Building Code. Councilwoman Lichter asked the legal status of this and if it has to go to the City Attorney. City Manager Hooper stated it has gone to the City Attorney. The Committee completed their work and submitted it to him. He went through and did some word- smithing and sent it to the Attorney. He went through it and saw nothing here that bothered him. He also went through it with the group and came to an agreement. The next step is if Council accepts it, give it to City Attorney Cookson to finalize. . . Chairman Card spoke about many people relying on the old City Code and many being adversely affected by severe restrictions that you put into it. Health, safety and nuisance concerns were inadequate in the old Code. He spoke about the old Code being unenforceable. Page -3- Council Regular Meeting December 18, 2000 ~ ...., Chairman Card feels the Committee recommendation is one that has improved health and safety considerations, it is enforceable, it is not arbitrary, the performance standards are easy to understand, it is equitable treatment for the people, and there is a compromise between individual freedoms of property owners and responsible behavior with your neighbors. Chairman Card commented on the end result when the Committee was done with the proposed changes. Councilwoman Lichter and Councilwoman Rhodes agreed it is fine. City Manager Hooper commented on the Committee improving what the City had. Mayor Schmidt called a ten-minute recess at this time. Andy Anderson, pine Tree Drive, stated 95% of the Committee has boats, trailers, etc., which doesn't include him. His main concern is with the neatness of the city. He spoke about some of the members not owning the property where they live. He spoke about transferring the burden of taxes from the homeowner to businesses. He feels if these measures that are suggested by the Committee are adopted by the Council the City will look more like Oak Hill and Mims. What they ought to be looking forward to is looking like Port Orange. He feels they are going places and making progress. He commented on the restrictions in Port Orange. He feels extending the time a visitor with a motor home can be at your house is a step in the wrong direction. He further commented on the work done by the Committee. He went on to speak of out of the ten cities that were presented to the Committee there are only two cities that do not have restrictions, Edgewater and Oak Hill. He doesn't like the idea of having boats and canopies in the front of your house. He was the opposing vote to the overall proposal. He feels people should store their boats offsite at a rental place. He spoke about vandalism at a rental place being possible but not probable. His whole idea is to make the City better looking. He doesn't feel the Council should adopt the suggestions made. Mayor Schmidt feels for a City that in essence hasn't had any restrictions, this is a great place to start. He thinks the Committee did an excellent jOb. When you get down to it, no one is going to like restrictions but you have to have a starting point. He asked the Council's pleasure and if they want to draft this to the City Attorney and get it into the pUblic hearing process. City Manager Hooper would like direction from Council regarding drafting it and putting it in final form and include it in the updated Land Development Code so it will all come back to Council at the January 22nd Council meeting. It was the consensus of Council to do so. Councilwoman Lichter stated she never thought this community had no restrictions. She feels the proposed changes make sense. City Manager Hooper spoke about standards that exist in Edgewater Landing. The Committee has done a good job of making standards that will be applicable city-wide. Mayor Schmidt spoke about the recent completion of the YMCA. He commented on concerns about the plaque on the outside of the wall. He spoke about the earlier supporters and people that had a lot to do with and it being nice to honor them. He spoke about blowing up a photo of the groundbreaking and a plaque recognizing the people that were involved such as past Councils and past Engineers. He recognized former Councilman Gary Roberts being in the audience and the past Council's involvement. He asked for Council's acceptance on this. Page -4- Council Regular Meeting December 18, 2000 'w' ..""" Councilwoman Lichter spoke about the involvement of the past two Councils. It was the consensus of Council to support this idea. City Manager Hooper~asked Council if they wanted him to bring this back or create it, get the input and put it up. Councilwoman Lichter feels visual is sometimes nice. She would like to see it before he does it. City Manager Hooper agreed to put it together and have Council come by and look at it. Councilwoman Rhodes asked if they can do something about no plaques being put up. City Manager Hooper explained the normal process. Councilwoman Lichter commented on not being able to do that to future Councils. CITIZEN COMMENTS Richard Jones, 1530 Sabal Palm Drive, stated as a member of the Land Development Code Review Committee, Chairman Card demonstrated his ability to handle such a diverse group on such an emotionally charged issue. He spoke about hopefully making it clear enough for the Code Enforcement Officers. He further spoke about noise after 10:00 p.m. being a nuisance and feels it should be changed to 8:00 p.m. He urged Council to address this issue. Mr. Jones spoke about the water issue and feels they should quit abusing the water hours we have. He suggested the Council proposition the Volusia County Council and st. John's. He further spoke about water being wasted. Mike Visconti, 316 pine Breeze Drive, thanked the Land Development Code Review Committee for the work they have done. He spoke about the possibility of parking R.V.'s that come into town some place in the City. He spoke about this not being allowed in Meadow Lake Subdivision. Mayor Schmidt doesn't think the City would want to assume the liability. City Manager Hooper spoke about this putting the City in competition with private enterprise. Dominic Capria, 606 Topside Circle, spoke about having a more stringent covenance in Edgewater Landing with regard to boats and R.V.'s and being allowed to keep them in your driveway for 48 hours. Mr. Capria spoke about having storage spaces for boats and R.V.'s and having to pay for the storage. Paul Jenkins, willow Oak Drive, member of the Land Development Code Review Committee stated one of the reasons things are the way they are in Port Orange is because the people didn't get involved when those laws were passed. He spoke about the people in Edgewater getting involved with the process. In Edgewater, democracy works and they didn't need a recount. He spoke about being the renter that Mr. Anderson referred to. Dan Holland, vista Palm Drive, stated you can't emphasize the adversity of this group. When they started one issue, no one agreed of anything. In the end, they ended up coming up as a group with what was best for the City. He commented on some of the issues that were brought up by Mr. Anderson being great issues. Councilman Brown asked about citizen participation. Chairman Card commented on the people that attended. Mr. Holland spoke about citizens that attended wanting to hear what the Committee had to say before they made any comment. Page -5- Council Regular Meeting December 18, 2000 ... 'WfI Andy Anderson stated at their July 6th meeting, he said they should be concerned with what most of the people want to do in this city. One of the Committee members said the Constitution is a document to protect the rights of the minority against the wishes of the majority. He feels minorities have to be considered but majority rules. He spoke about there not being much community involvement at the meetings. He doesn't think they had more than about maybe five or six people. Dave Ross, 2803 Needle. Palm Drive, thanked the Council for giving the Committee the opportunity to serve the City. staff did a fantastic job and without them they wouldn't have gotten through this. CITY COUNCIL REPORTS Councilwoman Rhodes wished everyone a Merry Christmas. Councilwoman Lichter spoke about the signs put up on S.R. 442 warning people about the ditch. Councilwoman Lichter spoke about renters not receiving the City newsletter due to it going to the property owner. City Manager Hooper explained the list is coming off the water bill addresses and those bills are in the name of the owner. They are looking to change that system so we will have tenants and owners listed. That is part of the work session coming in the very near future. city Clerk Wadsworth stated anyone that does not receive a newsletter, we do have a mailing list of people that are renters and we make out separate labels for them. Councilwoman Lichter spoke about information regarding fluoride from the North Pennsylvania Water Authority. They do not have fluoride because of financial reasons. Councilwoman Lichter commented on the cigarette butts on the ground in front of the YMCA. She spoke about getting receptacles to put in front of the facility. Mayor Schmidt wished everyone a Happy Holiday. Councilman Brown spoke about the City not doing a kid's Council. He thinks this would be a good idea. City Clerk Wadsworth stated we do Elementary Schools. Councilman Brown felt during Florida Government Week would be a good time to do this. City Clerk Wadsworth stated that is when we do it. Councilman Brown spoke about the Concert in the Park at Rotary Park. Councilman Vincenzi wished everyone a Happy Holiday. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. 2nd Readina. Ord. No. 2000-0-34. John S. Massev. authorized aaent for Massev Enterprises. Inc.. seekina rezoning of aooroximately 7.17 acres of 9rooerty located at 635 Airoark Road. From County A-2. Rural Aaricultural to City 1-1. Light Industrial City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2000-0-34. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -6- Council Regular Meeting December 18, 2000 '-" ...., Councilman Vincenzi made a motion to approve Ord. 2000-0-34, second by Councilwoman Lichter. The motion CARRIED 5-0. CONSENT AGENDA A. Documents relatina to Massey Ranch Airoark Phase II Annexations - staff reauestina aooroval and execution of the followina documents: Right-of-Way utilization Aareement. between Massey Ranch Airoark Homeowners' Association. Inc. and the City: Warranty Deed. Massey Enterorises deeding prooerty to the City for the new lift station: Non-Exclusive TemporarY Easement Aareement. between Massey Enterorises and the City for the construc~ion of the lift station: and Easement Aareement. between Massey Enterorises and the City for maintenance. ooeration and reoair of the force main B. Law Enforcement Block Grant - staff requestina acceotance of $19.335 arant and orovide cash match of $2.148 for various eauioment ourchases C. Aooointments to the Animal Control Board - Councilman Brown to consider board's recommendation to reaoooint Donna Waaner and Robin Hendricks for another three year term D. Extension of Bar/Tavern Ooeratina Hours - staff recommending a reauest to extend operatina hours within the city until 3:00 a.m. New Year's Day in celebration of New Year's Eve City Manager Hooper commented on the Smart Cart which tells you the speed you are going which is covered under the Law Enforcement Block Grant. Councilwoman Lichter made a motion to approve the Consent Agenda, second by Councilwoman Rhodes. The motion CARRIED 5-0. OTHER BUSINESS A. City Hall sitina Committee - staff recommendina acceotance of committee's reoort and reauesting city Council direction City Manager Hooper stated this is placed on the agenda to formally accept the report and to provide staff with direction. He suggested that direction is to tell them to look at particular sites. His idea is to find a piece of dirt and bring it back to talk about price. Over a period of time, purchase the property to lock in where it is going to be in the price, the following year get the engineering done, the following year start a construction process and the following year move in. That looks like about a four year process. If the direction is to pursue that, they will do that. They aren't spending any money at this point. Mayor Schmidt spoke about leaving it here. He questioned what would it take, how much would it cost, what would it involve to do some kind of study to see how feasible this land is and what kind of building could be put up while you are looking at the other options of land. City Manager Hooper stated if Council would like that, they could certainly do that. He thinks there are some properties that surround us that would be beneficial even if we stay here to look at the actual acquisition of those. He would like to look at this and see and make Council an intelligent proposal of if they did it, here is how they would approach it. They would have to rent space and move out of City Hall and go in and demolish this and build it. We could find a building to move into for a six or eight month period for construction. That would be a process to price out. Staff can do that in-house at least for a planning level estimate. Page -7- Council Regular Meeting December 18, 2000 .., """" Councilwoman Lichter spoke about keeping City Hall where it is. When she votes and she will vote via agreement with the group to let City Manager Hooper look at properties in Target Area #1. She would not do that unless they also would tie in with Mayor Schmidt's suggestion of getting an idea of what it would involve to buy properties surrounding us. Mayor Schmidt spoke about moving the Police Department to a highly visible U.S. #1 site. City Manager Hooper spoke about getting a handle of the true value of this site, what it would cost to do something with this site and also an understanding if we moved offsite. Councilwoman Rhodes doesn't see keeping the site here being feasible if we can't purchase the surrounding properties. City Manager Hooper spoke about this site working only if we went up. Councilwoman Rhodes feels eventually you are going to have to go somewhere else. It may be cheaper to do that now then to do it in the future. It was the consensus of Council to see facts and figures regarding staying here or moving. OFFICER REPORTS City Clerk Wadsworth wished everyone a Happy Holiday. Legal Assistant Matusick also wished everyone a Happy Holiday. city Manager Hooper informed Council we would have minimum staffing on Friday and the following Friday due to the Christmas and New Year's holiday. CITIZEN COMMENTS/CORRESPONDENCE Doris Hill, Lincoln Road, spoke about two letters to the Editor in the Sunday News Journal. One was about the boat building industry in Southeast Volusia. Ms. Hill spoke about when the new water and sewer systems were put in and the cost being born by the residential citizens and homeowners of Edgewater. She spoke about paying for people to go into the business to the tune of about $500,000. We are paying to put in their sewer and water connections which is being paid by residential people. She spoke about wholesaling our water to Oak Hill through the County instead of retailing it. She doesn't feel this is good for this city. She asked the Council to look into this. She doesn't feel it is cost efficient to do what we are doing. She spoke about the golf course community coming in and what is going to happen to their water and sewer. City Manager Hooper stated they will be a retail customer for water to the City and they may be a retail to the City on sewer. That hasn't been worked out. It will be the provider that can provide them the most cost effective service. He further commented on the reason for the difference in rates between the County and the City. Ms. Hill explained why she is more upset with the fact of the sewer. City Manager Hooper further commented on the arrangement with the County. Ms. Hill asked about the people being serviced that are south. City Manager Hooper explained there are only two subdivisions that are being routed in that direction. Ms. Hill asked if it is safe to say that five or six years down the road when all of that land south of here will be incorporated in the City that we will take all of that over. City Manager Hooper explained what will happen if those come into the City. Ferd Heeb, 115 N. Riverside Drive, thanked the Council for all their efforts during the past year. Page -8- Council Regular Meeting December 18, 2000 'Y , .., Dominic Capria, 606 Topside Circle, agreed also dittoed what Ms. Hill said. He spoke situation at $2.75 per 1,000 gallons. The base rate of $6.80 and he questioned if it complaining. Richard Jones, 1530 Sabal Palm Drive, urged the Council if they don't intent to enforce the Land Development Code Review Committee's proposal, don't pass it. He thanked Council for the job they have been doing. He wished everyone a Happy Holiday. with Mr. Heeb. He about the water County gave them a was because of his ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:25 p.m. Minutes submitted by: Lisa Bloomer Page -12- Council Regular Meeting December 18, 2000