04-04-1994 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
APRIL 4, 1994
7:00 p.m.
COMMUNITY CENTER
MINUTES
CALL TO ORDER:
Mayor Hayman called the regular meeting to order at 7:00 p.m. in
the Community Center.
ROLL CALL:
Mayor Jack Hayman
Councilman Kirk Jones
Councilwoman Louise Martin
Councilman Michael Hays
Councilman David Mitchum
City Attorney Krista storey
city Manager George McMahon
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION, PLEDGE OF ALLEGIANCE
The invocation was delivered by Rev. Roger Miracle, Pastor from the
Friendship Baptist Church. There was a pledge of allegiance to the
Flag.
presentation of Certificates to Girl Scouts for Red Cross Babv-
sittinq Course completion
Mayor Hayman commended eleven members of the local Girl Scout troop
for successfully completing a baby sitting course. Chief william
Vola gave a brief presentation on what the course involved. The
Mayor and Fire Chief presented the girls with City Certificates of
Recognition and Red Cross Baby sitter cards.
APPROVAL OF MINUTES
Councilwoman Martin made a motion to approve the minutes of the
Regular Meeting of March 21, 1994, second by Councilman Jones. The
motion CARRIED 5-0.
CITIZEN COMMENTS
Raymond Johnson, 121 Sanchez Ave., complained the land at the
east end of Sanchez Avenue is being blocked off by the adjacent
property owners and the residents that have always enjoyed this
land are being denied access. city Attorney Storey explained the
process and agreements that the City went through during the
construction of the riverwalk.
John Liberto, 112 Hamilton Rd., questioned the no trespassing
signs. He also presented a trespassing warning his wife received
from the Edgewater Police Department.
Parks and Recreation Director Jack Corder explained that the
signs were posted by the individual residents and are not
binding. He stated the wetlands are state owned land and went on
to explain that these wetlands are being replanted and reminded
everyone that damaging the wetlands is a violation of state
statutes.
Councilman Mitchum asked about a walkway being provided. Parks
and Recreation Director Jack Corder stated he would get with the
State to see what can be done.
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Larry Thompson, 120 Hamilton Rd., expressed his concern in being
able to use this property for fishing and passive recreation.
Mr. Corder agreed to look into this.
Joe Martin, Chairman, Volusia County Overall Economic Development
Plan Committee, spoke about the short term goals of Edgewater.
He spoke about the Ridgewood u.s. 1 Southern Section which is the
24th item on the list with the County. He spoke about changing
the language.
Councilman Hays objected to changing the language.
Mr. Martin discussed his meeting with Mr. Kelton.
Councilman Hays wants the County to understand our position and
our goal as a city. This is not a negotiable item as far as he
is concerned.
Councilman Mitchum stated we have tried to negotiate with the
County for the past six years. He stated we have negotiated in
good faith and this is going to stay the way it is.
Councilman Jones agreed.
Councilwoman Martin does not think we should wait.
City Manager McMahon spoke on a meeting he had with Mr. Kelton
and Mr. Kelly to try to break the deadlock we have had for so
many years. He stated the City is in the market to sell water.
Mr. Martin stated when they reconvene, he will feel comfortable
relaying to the members of the committee that Council and the
city Manager agree to the language as originally submitted.
Mayor Hayman feels Mr. Kelton has asked our City to turn its back
on our neighbors to the south and the west.
Mr. Martin stated the next meeting of the Economic Development
Committee will be on April 12th at the Daytona Beach
International Airport in the Volusia Room.
Mr. Martin stated the Committee is looking at ranking projects
county-wide. He stated one way of ranking is local funding
already set aside to go along with the matching grants. He asked
Council to keep that in mind.
There was a five minute recess.
Mario DiOrio, 1823 Evergreen Drive, expressed concern about the
lack of money to press forward. He feels the distribution of
taxes is crazy. He feels everyone should pay taxes.
Doris Hill, 112 Lincoln Road, feels Mr. McMahon should explain in
one of the newsletters how small the percentage is of our tax
dollars that go into our operating expenses. She spoke about
changing the way Homestead is applied.
city Manager McMahon commented on Mrs. Hill's concerns.
COUNCIL/OFFICERS REPORTS
city Attornev
city Attorney storey had nothing at this time.
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April 4, 1994
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city Manaqer
city Manager McMahon informed the Council that a letter in
reference to Edgewater's interest in participating in the Florida
Showcase for the World Cup 1994 in Orlando had been sent out.
City Manager McMahon briefed the Council on discussion with
County staff. He explained that the County would like the City
to relinquish its power to add a surcharge to water customers
outside of Edgewater. city Manager recommends that a surcharge
be imposed until bond obligations are fulfilled. He went on to
brief the Council on annexation issues.
There was further discussion regarding this matter.
Council concurred that the City will not require all properties
that we supply water to be required to annex into the City unless
the annexations benefit the City.
City Manager McMahon stated it would be thirteen weeks to bid and
receive the bids back and award a contract and a maximum of 150
days to put the pipeline in the ground.
city Council
Councilman Mitchum
Councilman Mitchum spoke about Hacienda Del Rio wanting water.
He would like Council to research all of the areas, even to the
point of talking to these folks about taking over their Water
Plant.
City Manager McMahon stated he would explore that from a
standpoint from the facts he can derive from this.
Mayor Hayman
Mayor Hayman spoke about a Fire Hydrant expansion plan. He would
like to have this before the budget time. City Manager McMahon
elaborated on this matter.
Community Development Director Mark Karet gave an update on the
master plan by Dyer, Riddle, Mills & Precourt in 1988.
Mayor Hayman does not feel this should be up to property owners.
Mayor Hayman asked for feedback on the Land Development
Regulation process in the future.
Councilman Jones
Councilman Jones had nothing at this time.
Councilwoman Martin
Councilwoman Martin had nothing at this time.
Councilman Hays
Councilman Hays had nothing at this time.
CONSENT AGENDA
There was nothing to be discussed on the consent agenda.
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NEW BUSINESS
A. Aqreement with Quentin L. Hampton Associates, Inc. for Water
Distribution System Improvements
city Manager McMahon gave a report on the negotiations with
Quentin L. Hampton Associates, Inc.
Richard Fernandez, President, Quentin L. Hampton Associates, Inc.
made a presentation to Council.
There was continued discussion regarding this agreement.
Councilman Hays made a motion to approve the contract, second by
Councilman Jones. The motion CARRIED 5-0.
B. Police Chief's request to purcahse computer for $1,841.09
under State bid from Law Enforcement Trust Fund Account
Councilman Hays made a motion to approve, second by Councilman
Mitchum. The motion CARRIED 5-0.
C. Parks & Recreation Director's request to purchase Smithco
Super Rake under GSA Bid for $7,020
city Manager McMahon made a brief presentation.
Councilman Jones made a motion to approve, second by Councilman
Mitchum. The motion CARRIED 5-0.
D. Appointment of one member to Board of Trustees of Police
Retirement Plan due to expiration of term of John Borzner
Councilman Hays made a motion to appoint Ferdinand Heeb, second
by Councilwoman Martin. The motion CARRIED 5-0.
ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS
FIRST READING:
A. Res. 94-R-06 providinq for Inclusion of all Enqineerinq and
proiect Related Costs of Florida Shores Road Improvement proiect
in Financing of the proiect
City Manager McMahon gave a report on Res. 94-R-06 being
substituted for the one in the original packet. He recommended
approval.
Mayor Hayman read Res. 94-R-06.
Councilman Mitchum made a motion to approve Res. 94-R-06, second
by Councilman Hays. The motion CARRIED 5-0.
SECOND READING: (PUBLIC HEARING)
B. Ord. 94-0-08 Amendinq Text of Zoning Ordinance to allow
Churches in Residential Districts
Mayor Hayman read Ord. 94-0-08.
Mayor Hayman opened the public hearing.
Darlene Snipes, wildwood Ave, representative for Smyrna Regal
Baptist Church, requested approval for this text amendment on
behalf of her church.
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Mayor Hayman closed the public hearing.
Councilman Hays made a motion to approve Ord. 94-0-08, seconded
by Councilwoman Martin. The motion CARRIED 5-0.
C. Ord. 94-0-09 Comprehensive Plan Amendment
Mayor Hayman read Ord. 94-0-09.
Mayor Hayman opened the public hearing.
Mary Vogel, Friendly Shores, expressed concern with the effect
this will have on their park. She stated they are interested in
maintaining a green area. She stated they would appreciate a 75-
foot buffer zone being maintained on the southern end of
Riverside Drive.
Mayor Hayman informed her the six criteria that must be used in
looking at matters of this nature would be discussed later.
City Manager McMahon invited Ms. Vogel to come in and speak with
him about this.
Eula Nelson, Friendly Shores, spoke about if developing
continues, there will be no place for wildlife. She stated they
are happy now.
Mayor Hayman closed the public hearing.
Councilman Mitchum made a motion to approve, second by Councilman
Jones. The motion CARRIED 5-0.
D. Ord. 94-0-10 Rezoninq Land Northeast Corner of Intersection
of S. Riverside Dr. and U.S. 1
Mayor Hayman read Ord. 94-0-10.
City Attorney Storey briefed Council on the background of this
matter.
Mr. Karet made a presentation and went over the guidelines and
criteria for rezoning this land. It is staff's recommendation
that the zone change be granted.
There was further discussion regarding this matter.
Council commented on this matter.
Luis Geil, 2305 Saxon Drive, stated he is there to answer any
questions.
Mayor Hayman opened the public hearing.
Mark Silk, Friendly Shores, spoke about seven accidents at the
corner of U.S. 1 and Riverside Drive. He spoke about picking up
garbage every day. He wishes the Council would limit what will
go there.
Mario DiOrio, 1823 Evergreen Drive, wanted to know what they
intend to do with this property.
City Attorney Storey elaborated on Mr. DiOrio's concerns.
Mr. Geil stated he will submit a site plan by Friday afternoon.
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Doris Hill, 112 Lincoln Road, stated once a property is rezoned,
you have no control over what will go in there. She stated
Council needs to look at if this is going to endanger any
residential properties and make them less valuable.
Mary Vogel, Friendly Shores, spoke about a 10 foot landscape zone
and then 25 feet before a building being used for parking space.
Mr. Karet elaborated on Mrs. Vogel's concerns.
Mrs. Vogel spoke about not being informed about this change for
zoning. She stated her purpose for being there was to let
Council know it will adversely effect property value and the
emotional value of the people who live in the park. She spoke
about saving the trees and the wildlife. She asked to please
leave a buffer zone there.
Eula Nelson, Friendly Shores, asked Council to come down and look
over the area and try to understand why they feel the way they
do.
Mayor Hayman closed the public hearing.
Mayor Hayman went over the six criteria.
There was a lengthy discussion regarding this rezoning request.
Councilman Hays made a motion to approve Ord. 94-0-10, second by
Councilman Jones. The motion CARRIED 3-2. Councilwoman Martin
and Mayor Hayman voted NO.
UNFINISHED BUSINESS
There was no unfinished business to be discussed.
COUNCIL/OFFICERS REPORTS
city Attorney
City Attorney Storey had nothing at this time.
city Manaqer
City Manager McMahon stated the city was criticized last month
for not picking up trash in a certain area. He stated trash has
been picked up more in this area than anywhere else.
City Manager McMahon spoke about an increase in the trash being
picked up.
city Council
Councilman Mitchum
Councilman Mitchum had nothing at this time.
Mayor Hayman
Mayor Hayman had nothing at this time.
Councilman Jones
Councilman Jones had nothing at this time.
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Councilwoman Martin
Councilwoman Martin had nothing at this time.
Councilman Hays
Councilman Hays stated he would like to see trash pick-up come up
in the budget process. He questioned if it would be wiser to
have a one-day pick up as opposed to two days. He spoke about a
short and long range plan.
QUESTIONS FROM PRESS
There were no questions from the press.
CITIZEN COMMENTS
There were no citizen comments at this time.
ADJOURN
There being no further business to discuss, Councilman Mitchum
made a motion to adjourn, seconded by Councilman Jones. The
meeting adjourned at 10:20 p.m.
Minutes submitted by:
Lisa Kruckmeyer
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