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03-06-2000 - Regular "ff( ..... CITY COUNCIL OF BDGEWATBR RBGULAR MBBTING KARCH 6, 2000 7:00 P.M. COMKUNITY CBNTBR MINUTBS CALL TO ORDBR Vice Mayor Vincenzi called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Vice Mayor Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper Legal Assistant Robin Wolf City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Excused Present Present Present Present Present Present Present Present INVOCATION. PLBDGB OF ALLBGIANCB TO THB FLAG Due to there being no flag, there was a silent invocation and no pledge of allegiance. APPROVAL OF MINUTBS Reqular Meetinq of February 22. 2000 Councilwoman Lichter made a motion to approve the February 22, 2000 minutes, second by Councilman Brown. The motion CARRIED 4- O. PRBSBNTATIONS/PROCLAMATIONS/PLAOUBS/CBRTIFICATBS A. Mayor's Proclamation to Robert Ouellette. Edqewater Elementary Public School Southeast Volusia Teacher of the Year Vice Mayor Vincenzi asked Robert Ouellette, H. Richard Mosher, and JoAnne Sikes to come forward. Vice Mayor Vincenzi read and presented Mr. Ouellette with his proclamation. B. Mayor's Proclamation to H. Richard Mosher. Indian Riyer Elementary Public School Southeast Volusia Teacher of the Year Vice Mayor Vincenzi read and presented Mr. Mosher with his proclamation. C. Presentation of plaque naminq Dr. John Milton Hawks as a 'Great Floridian 2000' and certificate of Recoqnition to JoAnne Sikes Vice Mayor vincenzi read a letter declaring Dr. John Milton Hawks as a 'Great Floridian 2000' and presented City Historian JoAnne Sikes with the plaque. Ms. Sikes presented a brief explanation. She was also presented with a certificate of Recognition for her efforts. Councilwoman Lichter praised Joanne Sikes for her dedication to the city of Edgewater. "wi" ..... CITIZEN COMMENTS Ron Prekup, 1829 Lime Tree Drive, stated he presented something to the city through the City Manager on February 11th and he was very disturbed that some of the Council had never seen his letter before. He spoke about the Indian River Sports Fishing Club. They are having their 11th annual sport spotted sea trout fishing tournament in Edgewater on the 18th and 19th. He further spoke about what his club does and how they are active in the City. He spoke about Mayor Allman participating last year. He is very disappointed. He doesn't understand how, number one, to follow the procedure, he gave the City Manager this letter on February 11th explaining everything and it was addressed to the City Council and then Ken told him it was not approved. He got a letter back from him saying it was not in the budget. He came before the same podium last year and they voted unanimously to help them with $300, which was used strictly for the welcoming party. Also the Mayor said he wanted to give us $500 but it wasn't in the budget last year, and said he would see that it would be in the budget for this year. The Council agreed to back them last year and said it would be in the budget for next year. We aren't asking for $500, if we could get $300 it would be okay. If we don't get anything we will still run the tournament. He spoke about the City of Edgewater and Kentucky Fried Chicken being announced on the radio last year as being the sponsors. He thinks when a concerned citizen goes about this the right way and it never gets to council, that really concerns him. Councilwoman Lichter asked where the welcoming party is this year. Mr. Prekup stated it is at Cameron's Marina always. City Manager Hooper stated he doesn't know why Council wouldn't have a copy. It came in and as Council they always get copies addressed to him put in their mailboxes. He spoke about the number of requests the City gets for money. He can approve a dollar limit up to a certain amount and he can also reject those. He sent a letter to Mr. Prekup saying that he didn't think it was a cause that had public purpose. He doesn't feel public money should go in to promote fishing. Last year they sent out invitations to anybody that wanted to get into the budget this year. He is not certain that his group received it but they sent out one to every group they had given money to the previous year. Nothing came in through the budget process. He strongly recommended that he doesn't believe this is a City function. He fishes in a number of tournaments through the year himself and none are sponsored by public entities or governmental entities. Ed Keenan, 1905 pine Tree Drive, stated a couple of Council meetings ago he listened to the money for the gYmnasium not coming through. He read a letter from Congressman Mica back in October that we were assured the money for the extra strengthening of the gYmnasium was already taken care of. City Manager Hooper explained they have sent us the information packet that says here is the $300,000 on how it can be spent and for us now to put together a budget and send them back a grant request. That has been sent back and we are waiting for grant approval and a check. City Manager Hooper stated Mr. Prekup is asking Council to overturn his recommendation or decide whether they wish to grant them an amount of money. Vice Mayor Vincenzi asked what the proper process is on that. City Manager Hooper stated to offer a motion to Council. Would they like to overturn the decision of the City Manager to make a contribution of up to $300. Page -2- Council Regular Meeting March 6, 2000 ~ ~ Mr. Prekup stated he just spoke to their secretary/treasurer and he said he didn't get any letter asking them about budget information and it is a post office box that he only has the key for. He can not believe the comments of Mr. Hooper saying he didn't believe public money for a tournament like this. This is teenagers, kids in the City of Edgewater, at least 50 rooms that are booked in this area and all of the eating establishments where the people eat. Councilwoman Lichter asked if the participants are from allover. Mr. Prekup commented on who attends. Councilwoman Lichter feels we are trying to become the marine capital of the southeast and boat building. She feels there does seem to be some kind of economic connection. She thinks that for this year because we did it last year but then they should look into it a little more. It might be that the Recreation Director sees some connection to have it in his budget or it might be that economic development sees some connection and put it in their budget. She is not too adverse to something that might give us some recognition in some other places. Councilwoman Rhodes feels part of the key to economic development is not only new business but to help the businesses that are already here. She begs to differ with Mr. Hooper on this issue. She feels it is their duty to help if they are able any economic development. Mr. Prekup spoke about the recognition the city gets and he would hope our new Mayor if he can make it or whoever would be designated, they take part and had a good time there. Even if it is $100, they don't care. They are going to do it even if they don't get any money from the City. They have three or four attorneys in the club and four or five doctors and they had a meeting the other night and he told them they were turned down by the City and they couldn't believe it, they were flabbergasted. Councilman Brown spoke about how the children enjoy fishing and feels they should do something to support this. It does promote our City and it does help our City. Councilwoman Lichter feels in the future that this should be run through Parks and Recreation or Economic Development. Councilwoman Lichter made a motion to give $300 to the fishing tournament, second by Councilwoman Rhodes. The motion CARRIED 4- o. CITY COUNCIL REPORTS Councilwoman Rhodes spoke about the Economic Development SYmposium that was put on by the Southeast Volusia Chamber of Commerce. She found it to be excellent. Councilwoman Rhodes spoke about the lady at the last meeting that was in need of help. They referred her to the church for help which they did. The majority of the help came from this community. Her assessments were $501.00. A couple paid most of that. Councilwoman Lichter and Chief Schumaker made donations and there were many other offers of help. She was proud to see how willing the people of this City were to help their neighbors. Councilwoman Lichter read a letter from one of her neighbors thanking one of our City employees, Darren Lear, Planning Technician, for returning his wallet. Councilwoman Lichter spoke about the census. This is very, very important for those of us that live in the County of Volusia. Page -3- Council Regular Meeting March 6, 2000 ...", ,...,. Councilman Brown spoke about the progress of the YMCA. This won't be open when school is out and he was talking to Mr. Corder about other things for the children to do when school is out. The city owns property on Park Avenue that we could possibly use for a bicycle/motorcross park and a bike trail and a hiking area. He feels it would take very little to promote and develop this. vice Mayor Vincenzi was going to speak about the Economic Development sYmposium but Councilwoman Rhodes summed that up fairly well. Councilwoman Lichter spkoe about a plane ride they were supposed to go on after the sYmposium to take a look at Southeast Volusia but didn't because of the wind. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public Hearina. Luis Geil. authorized aaent for Mohammad Azam and Anawar Chodhury. reauestina approval of Development Aareement to construct UP to ten unit multi-familY apartments. located on the east side of N. Ridaewood Avenue between Lamont Street and Wilkinson Avenue Planning Director Lynne Plaskett stated Mr. Luis Geil, authorized agent, could not be present so they asked for a continuance of this item until the 2nd meeting in April. City Manager Hooper spoke about the Planning and zoning Board meeting he attended. He suggested Mr. Geil and the Homeowners Association meet to work out a plan. He has a problem with the way the traffic pattern is laid out. They would need a motion to continue this. Councilwoman Lichter so moved, second by Councilman Brown. The motion CARRIED 4-0. B. Public Hearina. Joe Martin. authorized aaent for R. J. Douaherty Associates. requestina Development Aareement to construct a manufacturina facility. located on the 500 block of Air Park Road City Manager Hooper spoke about the proposed development agreement. Staff recommends approval. Joe Martin was present. Vice Mayor Vincenzi opened the public hearing. Due to there being no citizen comments, he closed the public hearing. City Manager Hooper explained this follows exactly what has been presented to Council in the past. Councilwoman Rhodes moved to recommend approval of this agreement, second by Councilwoman Lichter. The motion CARRIED 4- O. C. Res. No. 2000-R-02. Mary Hansen. authorized aaent for Pranab and Jayasree Chattopadhyay. reauestina approval of variance from the shoreline buffer and from impervious surface reauirements. located at 425 N. Riverside Drive City Manager Hooper made a staff presentation. The City'S engineer has gone through this and recommends approval with the condition that a swale be placed in the back. Mary Hansen was available. Mary Hansen commented on the shoreline and explained what the swale does. Mr. Wolfer and Ms. Plaskett have both been on-site. She stated they believe they have met the requirements of the variance. Page -4- Council Regular Meeting March 6, 2000 ...." ..... Councilwoman Rhodes asked what the point is of having a setback if no one is adhering to it. City Manager Hooper explained many of the violations are old, before the setback requirements were there. Councilwoman Rhodes stated she doesn't have a problem with the variance she just has a problem with having a code on the books and not enforcing it. City Manager Hooper explained it is mostly for new development. Mary Hansen presented Council with a 1993 aerial photograph which shows this development. Councilman flash this working on equipment. installed. Brown asked when they will get their equipment to stuff up on. city Manager Hooper explained they are that in the budget and are going to order the We are probably looking at 30 days to have it Councilwoman Lichter commented on her problem with swales. She is not sure that is the engineering answer. These swales don't last forever and when ownership changes hands, they don't even know it is a swale. Ms. Hansen explained once you take an official action that is recordable and they would certainly agree to record the approval. If the swale was to overflow, it will overflow on either side of the Chattopadhyay property for it to overflow directly into the river. The swale is only designed to collect the water coming from the entire roof of the building and will not flood neighbors property. She further commented on setbacks and buffers. Councilwoman Lichter suggested after they vote on this, why don't they put this on their list of things to discuss when they have the workshop regarding the Land Development Code. City Manager Hooper stated it is in the new Land Development Code so it is being addressed in there. Councilman Brown asked the neighbors feelings on this. Ms. Hansen stated they have not been unhappy about this process and are not here tonight that she knows of. Councilwoman Rhodes asked if she understood City Manager Hooper to say this was addressed in the Land Development Code and it stands at fifty feet and was not changed. City Manager Hooper stated yes it was not changed. He commented on there being two separate buffers. He informed Council they are protecting the water quality by detaining that water, letting it filter through the ground and then only in an overflow event does it run directly over into the river. Councilwoman Lichter suggested putting in language regarding surveillance or repair or upkeep. She suggesting having a history check back to see if all of these variances are recorded. There might be a mess of a situation out there they don't quite know about. There were no further public comments on this matter. Legal Assistant Wolf read Res. 2000-R-02. Ms. Hansen stated that title should be amended to read and on the condition that the approval and then the survey be recorded. Councilman Brown made a motion to okay the variance, second by Councilwoman Lichter. The motion CARRIED 4-0. Ms. Hansen stated for the record she does to include the recording of the document. for their time and attention. Page -5- understand that motion She thanked Council Council Regular Meeting March 6, 2000 ...., ..... D. Res. No. 2000-R-03. staff recommendina acknowledaina a Chanae in Control of the Cablevision Franchise due to recent meraer City Manager Hooper made a staff presentation. He requested Council authorize the resolution that would change the name for our agreement for franchise fees with them. There were no public comments at this time. Doris Hill asked if that is going to change anything. City Manager Hooper stated this is only a name change. Two companies merged and have they now have one name. Councilwoman Lichter stated Ken Parker, the Manager in Port Orange had a few negative comments to say about the new service not being quite like it was. She doesn't feel they are getting the same channels, the same programs nor the same service. She would like to personally tell them that. Doris Hill, 112 Lincoln Road, stated no they aren't getting the same channels. We have the opportunity to get the same channels and they have made up the difference by putting in others. She is not dissatisfied with Time Warner. She finds the quality is better than we were getting before. She wants to stay with Time Warner. Councilwoman Rhodes stated we don't have a choice. Councilwoman Lichter stated we can complain but we can't change. City Manager Hooper stated we can voice any recommendations that any of the citizens express. We haven't received any complaints. Dick Martinez stated the single biggest inquiry is the slowness in getting internet service or cable. Time Warner has said they are going to provide internet service but they seem to be dragging their heels. A lot of people want to know when. He asked the Council to ask and add some emphasis that Edgewater is waiting. He feels economic development can use it too. City Manager Hooper stated they are looking to have their version to us in late summer. Peter Moncure, 134 Sea Street, New Smyrna Beach, spoke about internet service. Legal Assistant Robin Wolf read Res. 2000-R-03. Councilwoman Rhodes moved for approval, second by Councilwoman Lichter. The motion CARRIED 4-0. CONSENT AGENDA A. citizen Code Enforcement Board Appointment - Councilman vincenzi's appointment to the Board to fill the remainina term of Sonia wiles. due to her termination vice Mayor Vincenzi recommended appointing Susan Hammond. B. Plannina & Zonina Board Appointments (3) - Councilwoman Lichter. Mayor Schmidt and Councilman Brown respectivelv. to consider Board's recommendation to reappoint Robert Garthwaite. appoint Russell L. Mullen for a full term to replace G. David Ridner. who resianed: and appoint Edwin Vopelak for a full term to replace Les Ogram. who did not seek reappointment Councilwoman Lichter recommended reappointing Robert Garthwaite. Councilman Brown recommended appointing Edwin Vopelak and Russell L Mullen. Councilwoman Rhodes stated Mayor Schmidt's not here but he recommended appointing Edwin Vopelak. Page -6- Council Regular Meeting March 6, 2000 ,..."" .." C. Surolus Equioment - Police Deoartment requestina aooroval to sell. via sealed bids. two Mongoose Mountain bicycles that were reo laced in 1997 Councilwoman Rhodes asked about the bikes that are being sold. Chief Schumaker elaborated. D. Annual Authorization - Mavor/Citv Manaaer's authorization for East Volusia Mosauito Control District to make low level aerial insoection and sorav fliahts E. Code Enforcement Attornev Agreement - staff recommendina aooroval of the aareement for retention of Sidney M. Nowell. Chiumento. Braunstein & Emerv. P.A.. as citizen Code Enforcement Board Attornev City Manager Hooper informed Council sid Nowell was present. They have successfully negotiated an agreement that mimics the terms and conditions of the County Attorney's agreement. He recommended approval. Councilwoman Lichter made a motion to approve the Consent Agenda, second by Councilwoman Rhodes. The motion CARRIED 4-0. OTHER BUSINESS A. Purchase Items 11 Environmental Services Deoartment reauesting aooroval of material acauisition to commence construction on waterline extension oroiects: 'oiaavbackina' on both the Indian River County and city of Aoooka annual contracts (+$80.000) 21 Environmental Services Deoartment reauestina aooroval of an annual rehabilitation and reoair oroaram: 'oiaav-backing' on the Charlotte County bid for Wastewater Collection System Sewer Rehabilitation for Madsen/Barr-Phillio utilities Management (not to exceed $100.000) City Manager Hooper made a staff presentation. Staff recommends approval. Dick Martinez, asked how piggybacking works and how it is published. City Manager Hooper presented an explanation. Councilwoman Lichter moved for approval, second by Councilwoman Rhodes. The motion CARRIED 4-0. OFFICER REPORTS A. city Clerk City Clerk Wadsworth informed Council of the Primary Presidential Preference Election on March 14, 2000. Sample ballots available at City Hall and the polls will be open from 7 a.m. to 7 p.m. B. city Attornev Legal Assistant Wolf had nothing at this time. C. city Manaaer City Manager Hooper spoke about the wooden poles down S.R. 442. They are adding street lighting. Florida Power & Light talked to the City and we are going to wait until we gave them an answer of either concrete or wood. They went ahead and installed several wooden poles. He would rather stay with the wooden poles. They are going to line both sides of the street. Page -7- Council Regular Meeting March 6, 2000 ..., ....... City Manager Hooper stated unless Council has a problem, he is going to tell F P & L those wooden poles are acceptable and to go ahead and place them. Councilman Brown stated he did get some comments from citizenry on those poles and it has all been good. Councilwoman Lichter spoke about saving the look of S.R. 442. She mentioned the little red markers that have been placed on property. It was the consensus of Council to go with the wood poles. City Manager Hooper commented on the red flags that have been put out. Every homeowner that is having an impact has gotten a letter from D.O.T. and a person will come and meet with them to explain exactly what will happen. He then went over the process D.O.T. uses to obtaining the property they need. Councilwoman Lichter feels maybe D.O.T. can come in and brief the new Council so they could pass on the information. City Manager Hooper commented on off-site meetings. When they go to the Library, they are going to have D.O.T. come in. He explained the 100% plans are done. They have noticed the people to take the right of way so it is more informational. He commented on the matching grant we will be getting towards beautification. Councilman Brown asked about having a citizen fund to help beautify S.R. 442. City Manager Hooper stated it can be done but you have to have a record of where the money is going. Councilwoman Lichter asked about the potential of the horse farm becoming the middle school property. City Manager Hooper explained it is private ownership but he has talked to the school and we are interested in annexing that in. City Manager Hooper informed Council we are putting in a new Land Development code and this is related to S.R. 442. As you take that property you are going to wind up with some houses that are fairly close. They are having a zoning category that has been defined as Residential/Professional which will be along S.R. 442 and Park Avenue. They won't vote tonight but this will be coming back before Council. CITIZEN COMMENTS/CORRESPONDENCE Dick Martinez, 317 Schooner Avenue, spoke about the paving of u.S. #1 and asked what D.O.T. plans are. City Manager Hooper explained next year they are going to do resurfacing, add sidewalks and do signal intersection fix up. Doris Hill, 112 Lincoln Road, spoke about the new Catholic church that is open south of Roberts Road. There are two masses a week. She spoke about the traffic during 10:00 mass on Sundays. She feels there is going to be an accident and that there should be a police officer there to direct traffic. City Manager Hooper asked Ms. Hill to have the church contact him and we will work out an arrangement with them. Ms. Hill stated she isn't even sure they know they have a problem there. Councilman Brown commented on the scouts that attended the Council meeting. They have been very attentive and he appreciates seeing the youth coming to a Council meeting. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:25 p.m. Minutes submitted by Lisa Bloomer Page -8- Council Regular Meeting March 6, 2000