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07-24-2000 - Regular ~ "Wf/I CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 24, 2000 7:00 P.M. COMMUNITY 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 Police Chief Lawrence Schumaker Legal Assistant Robin Matusick Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE TO THE FLAG There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS There were no presentations at this time. CITIZEN COMMENTS Mike Visconti, 316 pine Breeze Drive, spoke about the World War II Monument. He asked the Council to proclaim the month of August World War II Memorial Month. Mr. visconti presented background information with regard to the National World War II Memorial. He went on to speak about the Fund Raising Campaign. He had a form for people that would like to make donations. He asked if Edgewater could do their part in raising funds for this worthy cause and become a good provider of funds for this project. Councilman Rhodes stated she wasn't exactly sure what he wants the Council to do right now. Mayor Schmidt stated he wants a proclamation. Councilwoman Lichter asked if he wanted something put in the newsletter. Mr. Visconti stated that would be nice to do. He would like to see jars put in every store. Mayor Schmidt agreed to put one in Burger King. CITY COUNCIL REPORTS Councilman Brown attended the Volusia County School Board meeting last Thursday. The school is pretty much going to be placed on S.R. 442. He went to the ad hoc committee meeting to see how they are doing. He is impressed with the Committee. He feels they are very dedicated. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes attended the Concert in the Park on Thursday and it was very enjoyable. She would like to see more attendance at this function. W' ...." Councilwoman Lichter spoke about the ditch on the corner of S.R. 442 and U.S. #1 being dredged much deeper. She feels this is dangerous. Councilwoman Lichter spoke about cleanup work the County did on Mission Road. Instead of putting up a metal fence, they put reflectors or markers. She was told by city Manager Hooper that is owned by the County, the City has to maintain it. She asked if they could look into the markers. Councilwoman Lichter spoke about the cracked light pole on West Marion Avenue by Regions Bank. City Clerk Wadsworth stated it has been reported. They are looking into it. Councilwoman Lichter suggested writing a letter if something isn't done in a week or two. Councilwoman Lichter spoke about the Gabordy Canal and the pipe the F.I.N.D. project is going to put in from the cleaning of the river and the dredge. That is a historic landmark and more information should be found out as to what exactly is being done. Councilwoman Lichter stated three years ago she went to a Southeast Volusia Advertising Authority meeting in New Smyrna. She heard Edgewater didn't have any representation on that board. There is an opening coming up. County councilmembers Jim Ward, big John and Ann McFall each have an appointment. She got a letter from a very interested Edgewater person that is qualified to serve on there, Eugene Sheldon. He is the past president to the Historic Society. She asked City Clerk Wadsworth to make copies of the letter for the Council. She urged Council to get in touch with these County Councilmembers. Mayor Schmidt spoke about the mosquitos coming out in force. He spoke to a gentleman from Mosquito control. They are going through some equipment problems. They are in the neighborhood and are going to be spraying in force. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearinq, Luis Geil, authorized agent for Mohammad Azam and Anawar Chodhury, requestinq approval of a Development Agreement to construct UP to ten until multi-familY apartments, located on the east side of N. Ridqewood Avenue between Lamont Street and Wilkinson Avenue City Manager Hooper informed council what this request is about. This is the first of several steps. He listed the rest of the steps they will have to go through. Planning Director Lynne Plaskett made a staff presentation regarding the site plan. She showed Council some visual aids for this property. Councilman Brown spoke about how narrow Wilkinson Street is. Ms. Plaskett presented some history of this area. There was further discussion regarding how narrow this street is and what it would take to actually make this a public street. Councilwoman Lichter feels ten units might be too many. She spoke about this being a historic area. She feels there is more than just road problems, there is probably water problems. She mentioned a compromise of less units and somehow fixing a road that we do own and looking at the water problem. Ms. Plaskett explained they would have to run the pipes to provide water and sewer. She further spoke about clustering the units with no open space and there being too many units. Page -2- Council Regular Meeting July 24, 2000 '-' ~ Ms. Plaskett explained from a planning perspective they were trying to create a buffer between single family and commercial. Councilwoman Lichter feels there is a need for cluster type housing but she thinks it is too impacted and they are going to have to look at that road. Luis Geil, 2105 Saxon Drive, New Smyrna Beach, spoke about the concerns expressed by Councilwoman Lichter with regard to water and sewer. Councilman Brown spoke about Persimmon Place and there being no left turn coming out of there. Instead of dumping all the traffic on Wilkinson Street, he feels they should move three of the units and entrance this off of u.S. #1, avoid the impact on Wilkinson. Mr. Geil stated D.O.T. will not allow this kind of breaking a commercial strip with residential access nor will they give another driveway for the commercial strip. He doubts they will get one on u.S. #1. They may get one on Lamont Street. Councilman Vincenzi feels the biggest problem is going to be stormwater and not having a retention area. Mr. Geil spoke about the retention system they are planning on using. Councilman Vincenzi feels the system isn't adequate. He feels they could use the land better with less units and putting in a more efficient retention area in. He further commented on the commercial area that is left. Mayor Schmidt expressed concern with all of the water going down towards Riverside Drive. He has a problem with one pipe and a couple trenches under the ground. He questioned if this would be sufficient. Mr. Geil explained it has to comply with all of st. John's regulations and it will. Councilwoman Lichter asked City Manager Hooper if he has had a chance to go over this. He further spoke on exfiltration basins being one of several methods for the quality treatment of water as well as the quantity treatment of water. It is one of the last methods you really want to use. He spoke about retention ponds being better. He spoke about the road being a problem. He presented some options as far as an entrance. City Manager Hooper recommended to Council they don't take a final vote. He suggested continuing this until they have the zoning and the Comprehensive Plan in front of them but to tell them what the Council is really looking for. He suggested letting the public give some input. Councilwoman Lichter feels this has great potential. She would like them to see if they could come into a different place, look into some kind of retention pond, and less units. Mayor Schmidt asked what the choices are with the road/two lots that they might be able to do. City Manager Hooper explained they could look at that and see how much right-of-way is there. It is easy enough to turn that into a public street. It would probably require some setbacks on the side for shoulder clearance. Councilman Brown is all for development. He feels the traffic and water problems are just not addressed correctly. Mr. Geil stated he doesn't see a water problem at all. Councilman Vincenzi doesn't feel they should do anything with this tonight. For him to say that he approves of something like this he would have to see some major revisions on this. Mayor Schmidt asked for public comment. Page -3- Council Regular Meeting July 24, 2000 '-" ...." Todd Furman, 117 Wilkinson street, is happy to hear Council's concern regarding the traffic situation. He further spoke about the traffic being a concern of his. He is glad to hear the Council talking about the density. He suggested putting a fence that came out along the side of the roadway to keep the kids from darting out from behind the utilities Administration building. Rosemary Campbell, 119 Park Place, owns the other house on Wilkinson street that she rents out that has small children living in it. She feels everyone would be going down Wilkinson street to hit the light. She further spoke about how narrow that street is. She questioned if the water tower and the utilities Building are necessary to be there. Mayor Schmidt asked what the condition of the water tower is. City Manager Hooper explained the water tower serves little function. It is used and exercised. He and Mr. Wadsworth have recently had some discussion about a study to get rid of the water tower. Mayor Schmidt suggested making the street a one-way street from u.S. #1 through to Park Avenue where they can't turn on it from Park Avenue. City Manager Hooper stated yes, that is one of the things that would really be looked at. He is hoping to get rid of the need for Mr. Wadsworth's office, which is super inadequate. Mayor Schmidt thinks if they made that one-way it would probably be wide enough where you could also put sidewalks and curb it as a street. Mr. Furman asked the possibility of blocking off Wilkinson so you didn't have the traffic. The apartment complex would then be forced to go out u.S. #1 through the side street. Mayor Schmidt spoke about emergency vehicles and wanting two entrances. City Manager Hooper spoke about the utility lines that run down this road. Councilwoman Rhodes mentioned if there was a hazard and all of those people had to get out of there immediately it would be impossible to do. Councilwoman Lichter spoke about this not being the normal order. City Manager Hooper spoke about the Comprehensive Plan not having amendments to it. Normally you would have an amendment and a zoning at the same time and the developer agreement would be catching up so the last public meeting all three things would be approved. Les Haughwout, 200 N. Riverside Drive, expressed concern with the quality of the project. He spoke about no garages for storage. He further spoke about developing the whole corner with the zoning being changed. Councilman Brown spoke about having an entrance off of Wilkinson and Lamont Streets. City Manager Hooper stated it was the strong public consensus of the Planning & Zoning Board to not have an entrance off of Lamont Street. Councilwoman Lichter asked about the situation for storage of cars and bikes. Mr. Geil stated there are more than 2 parking spaces per unit. Mayor Schmidt asked if there was going to be a storage shed or somewhere they could put some of their extra things. Page -4- Council Regular Meeting July 24, 2000 ~ ~ Councilwoman Rhodes feels density and drainage need to be addressed. Mike Visconti, 316 Pine Breeze Drive, spoke about Dr. Hole's building and the Florida Health Care building going up, which he feels is enhancing u.s. #1. He can't see building a wall on u.s. #1. Mayor Schmidt informed him the wall is not on u.s. #1. There is still a commercial property in front of it. The wall would be in the back of the commercial property. Councilman Vincenzi asked the purpose of the six foot wall. City Manager Hooper informed him it is supposed to be a buffer. Councilwoman Lichter asked if these would be for sale. Mr. Geil informed her they are rentals. Jim Pitman, 110 Lamont Street, expressed concern with the traffic coming on to Lamont Street. If there was a way they could be forced to go to the right on Wilkinson, he is not sure Wilkinson could handle the traffic but he feels this would be the best way. Mr. Pitman expressed concern with the wall and if there is going to be any setback between property lines. Mr. Geil informed him no. He would prefer to keep this area as residential. Mr. Pitman expressed concern with the parking. Mayor Schmidt stated he hears less density, work on roads and drainage. City Manager Hooper informed council tonight's choices are to approve it, deny it, or continue it with several recommendations. In summary, he thinks what he has heard Council say is they wouldn't mind continuing it to a date certain subject to a little less density, work out something that is a better traffic pattern on Wilkinson and taking into account, looking at maybe even the property all the way down to u.S. #1 and the stormwater taken care of. Councilwoman Rhodes moved to continue, second by Councilwoman Lichter. City Manager Hooper informed her to continue you have to a date certain. He suggested November 6th. Ben DelNigro, 3130 Tamarind Drive, stated he hasn't heard anyone say anything about Fire, Police or Garbage. City Manager Hooper explained these things are pretty adequate and these are details that come with the final site plan. Mr. DelNigro asked if anyone has considered the people that live on Riverside Drive that back up to this complex. Mayor Schmidt stated they are considering everyone involved. Mr. DelNigro questioned if the Riverside Drive residents are aware of this. City Manager Hooper explained it has been advertised at the Planning & Zoning Board hearing as well as for Council. The motion CARRIED 5-0. B. 1st Readinq. Ord. No. 2000-0-15. Amendinq and restatinq a portion of Chapter 10 (Health and Sanitation) Article V (Weeds. Grass and Brush: Standards for Property Maintenance) City Manager Hooper made a staff presentation. They are ready to send out the second batch of notices. There was a brief discussion regarding property owners that live out of town. Legal Assistant Matusick read Ord. 2000-0-15. Page -5- Council Regular Meeting July 24, 2000 ..., ..."" Mayor Schmidt closed the public hearing. councilman Vincenzi made a motion to approve Ord. 2000-0-15, second by Councilman Brown. The motion CARRIED 5-0. C. 1st Readinq. Ord. No. 2000-0-16. Amendinq section 11-34 (Body Art Code) and Interlocal Aqreement with the Volusia County Health Department City Manager Hooper presented background information. Legal Assistant Matusick read Ord. 2000-0-16. Councilman Brown went by the tattoo parlor about a month ago and they are pretty satisfied with the rules and regulations Council passed. Councilwoman Lichter moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. CONSENT AGENDA A. External Audit Services - staff recommendinq Council authorize a one year continuation of the current aqreement with Ernst and Younq LLP. and approval to ~repare request for proposals (RFP) for future years' audits ($52.000) Councilwoman Rhodes stated when this was advertised she received a phone call from an accountant that asked her why they weren't putting it up for bid. She spoke to City Manager Hooper who explained Finance Director Michelle Goins made some phone calls to different accountants in the County to see if they would be willing to take on a client this late in the game and there were several who said they would. She suggested this be removed off the Consent Agenda and be put up for bid at this time. City Manager Hooper described how they got to this point. The simplest solution with as many things as they had going was to say continue at the same price with the same firm and advertise next year. Councilman Vincenzi asked how long the bidding process takes. City Manager Hooper stated it's about two months. Councilwoman Lichter feels Ernst and Young have been doing a good job for several years. Sometimes when you have something that works, she doesn't see why they would want to break it. She will be voting to maintain them. Councilman vincenzi doesn't feel Ms. Goins would have a problem if they decided to put it out for bid. Councilwoman Rhodes feels they might be able to save themselves a few bucks. Councilwoman Rhodes feels it is not good to have the same auditors for a long period of time. City Manager Hooper strongly agreed but he didn't want to take on a new issue with everything they have going. Councilwoman Rhodes removed this item from the consent Agenda. Councilwoman Rhodes made a motion to advertise, second by Councilman Brown. The motion CARRIED 4-1. Councilwoman Lichter voted NO. Page -6- Council Regular Meeting July 24, 2000 .." ....., OTHER BUSINESS A. Riaht-of-Wav utilization Aareement - staff recommendina annroval of the Aareement for property located at 109 W. Knapp Avenue to avoid destruction or alterations to improvements on the property city Manager Hooper made a staff presentation. councilwoman Lichter informed Council she attended the open house at this location. Councilwoman Rhodes commented on him being a good longtime friend of hers. She has known him for many years. Councilman Vincenzi moved for approval, second by Councilwoman Rhodes. The motion CARRIED 5-0. OFFICER REPORTS city Clerk Wadsworth 1) Selection of votina Deleaate to the Florida Leaaue of cities Annual Conference City Clerk Wadsworth informed Council they need to select a voting delegate for the Florida League of cities conference. Councilwoman Lichter made a motion to appoint Mayor Schmidt, second by Councilwoman Rhodes. The motion CARRIED 5-0. city Attornev Legal Assistant Matusick said they have a meeting scheduled tomorrow with the department heads. City Manager Hooper informed Council City Attorney Cookson would be available tomorrow for the whole afternoon if they have any questions. city Manaaer 1) Recommendina to authorize advertisement of millaae rate at the current rate of 5.95 City Manager Hooper requested authorization to advertise the millage rate at the current rate of 5.95 mills. He needs a motion to do this. Councilman Brown moved to maintain the 5.95 millage rate, second by Councilwoman Lichter. The motion CARRIED 5-0. 2) Discuss appointina a committee to seek new City Hall site. Prospective members: Riverside Drive resident. realtor. financial person. attorney. planner/enaineer and a city employee with many years of service City Manager Hooper asked to place on the agenda next time the creation of this committee to review potential relocation of the City Hall site. He further commented on this Committee. City Manager Hooper met with winston Tomlinson today, the owner of the property where Dustin's is located and he has about eight acres that is adjacent. He thinks they are on the track to a good discussion regarding buying those eight acres within a reasonable amount with the next step being to see if that is a potential city Hall site. Page -7- Council Regular Meeting July 24, 2000 ~ ......, Councilwoman Lichter has a problem with rushing into a concept that is not first priority when the budget is put on hold. She suggested using this land that Dr. Hawks gave us and suggested reading Ms. Hawks will to find out what the city can or can't do with the land. Councilwoman Lichter stated her priorities are getting the roads paved, sewer, stormwater, beautification, all those things that over the years have been neglected. Councilwoman Lichter stated she is not adverse to it but she thinks it should, when they come to that point, be tied into a historic center. Councilwoman Lichter suggested putting this on the months until they see what their moneys look like. the historic significance the property by Dustin's urged the Council to go cautiously. burner for six She spoke of has. She Councilwoman Lichter spoke about looking at the City has a whole, and not segregate the city into sections. City Manager Hooper stated they aren't trying to spend money by any stretch. This is a long range planning goal and putting together a thought committee. Councilwoman Rhodes feels at some point you need to have a starting point. They would be remiss if they don't look into it. city Manager Hooper informed the Council the property where City Hall is now will pay for the new City Hall. Mayor Schmidt stated he is all for history. He further spoke about Florida Shores and feels it should have been paved and sewered 25 years ago. They waited and it wound up costing millions. The gym was needed ten years ago and is being built ten years later at a cost of $1.6 million. He feels the focus in the past has been not thinking of the future. He went on to speak about how outdated City Hall is. He also feels they need to start the process. Councilman Vincenzi feels there is no harm in appointing a Committee to start looking into this. Mayor Schmidt spoke about the growth of Edgewater and moving City services where it is more convenient for everybody. Councilman Vincenzi stated one of the things the Committee could look at would be what the disposition of this property could be, if it is possible to purchase it. Councilwoman Lichter feels they need to find out what limitations might be involved in selling this property. Councilwoman Lichter passed out a rendition of a possible design for a new City Hall. city Manager Hooper informed Council he would be placing this on the agenda for August 7th. He asked Council if they wanted him to advertise in the newspaper for applicants. Mayor Schmidt feels it would be interesting to see the turnout. City Manager Hooper asked if they wanted the newspaper story to invite people to come in. Page -8- Council Regular Meeting July 24, 2000 ., ..., CITIZEN COMMENTS/CORRESPONDENCE Shirley Garthwaite, 10 Lee Drive, spoke of her disappointment of an article in the newspaper regarding a resident from Riverside Drive serving on the Committee. This building they are sitting in was not built to be a city Hall, it was the Edgewater Community Center and as such was for the people. The building next door was built for City Hall. She feels all of the citizens in Edgewater should be given a chance to be involved. City Manager Hooper stated he was after somebody that lives close by to be involved, not necessarily a Riverside Drive resident. He feels they need someone on the Committee that lives locally. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:50 p.m. Minutes submitted by: Lisa Bloomer Page -9- Council Regular Meeting July 24, 2000