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12-04-1995 - Regular 'W' ,.""" CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 4, 1995 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 Danny Hatfield 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 Scott Love, New Smyrna Beach Church of Christ, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES: A. Regular meeting of November 6, 1995 Councilman Hatfield made a motion to approve the November 6, 1995 minutes, second by Councilman Hays. The motion CARRIED 5-0. B. Regular meeting of November 20. 1995 Councilman Hays made a motion to approve the November 20, 1995 min~tes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (other than public hearings) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman informed Council on Wednesday at 3 p.m. the dedication of the George Musson Memorial Tree will be observed at New Smyrna Beach City Hall. The tree was funded by VCOG. Councilman Hatfield Councilman Hatfield had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. ~ ~ Councilman Hays Councilman Hays expressed concerns regarding the information passed on to Council regarding the Water Cooperative. He urged the other Councilmembers to look at this. He hopes they don't stray from their original agreement when they met at DBCC. He asked City Manager McMahon to stay on top of things. City Manager McMahon commented on a meeting with the Water Committee. The two issues discussed were what the scope of the water partnership would actually be and how the voting might be established in terms of what type of issues everyone would vote on and where the funding might come from. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. First reading Ord. 95-0-16 Comprehensive Plan amendment - Snider Street B. First reading Ord. 95-0-17 Zoning classification change - Snider Street Mayor HaYman informed the public the Council is only interested in the pros and cons and asked the citizens to limit their comments to just that. Mayor HaYman read Ord. 95-0-16. Mark Karet, Community Development Director, made a presentation on Items 5A & B. He presented the background and recommendations of the LDRA and staff. C. First reading Ord. 95-0-18 Comprehensive Plan amendment - Ocean Avenue and Old County Road D. First reading Ord. 95-0-19 zoning classification change - Ocean Avenue and Old County Road Mr. Karet made a presentation regarding Items 5C and D. He presented the background and recommendations of the LDRA and staff. Councilman Hays commented on the considerable discussion at LDRA level regarding drainage problems in the area. Mr. Karet informed Councilman Hays of the lengthy discussion regarding stormwater. Councilman Hays asked to have staff, when this comes back before Council, provide input regarding any possible stormwater problems. Mayor HaYman commented on Mr. Karet making reference to four of the seven criteria that need to be met. He expressed concern regarding buffer consideration. Mr. Karet elaborated on his concerns. Peter Heebner, 523 N Halifax, Daytona Beach, made a presentation regarding their efforts to meet the criteria. Councilman Mitchum made a motion to approve Ord. 95-0-16, second by Councilman Hatfield. The motion CARRIED 4-1. Councilman Hays voted NO. Mayor HaYman read Ord. 95-0-17. Councilwoman Martin questioned the intended use. Mr. Karet informed her it would be used for parking. Page -2- Council Regular Meeting December 4, 1995 ~ ...." Councilman Hatfield made a motion to approve Ord. 95-0-17, second by Councilwoman Martin. The motion CARRIED 4-1. Councilman Hays voted NO. Mayor Hayman read Ord. 95-0-18. Mayor Hayman questioned this property being part of the Coronado Paint Co. interest. Mr. Karet informed this particular parcel is. Councilwoman Martin made a motion to approve Ord. 95-0-18, second by Councilman Hatfield. The motion CARRIED 4-1. councilman Hays voted NO. Mayor Hayman read Ord. 95-0-19. Councilman Hatfield made a motion to approve Ord. 95-0-19, second by Councilwoman Martin. The motion CARRIED 4-1. Councilman Hays voted NO. E. First reading Ord. 95-0-20 Comprehensive Plan amendment - 143 West Ocean Avenue Mayor Hayman read 95-0-20. Mr. Karet made a staff presentation regarding Ord. 95-0-20 and 95-0-21. He explained the reasons why the LDRA voted for denial. Staff recommendation is to approve Ord. 95-0-20 and 95-0-21 on first reading. Councilwoman Martin questioned light industrial being across the road from residential. Mr. Karet explained this is immediately adjacent to the Coronado parcel spoken about earlier. Councilman Hatfield asked questions regarding the map which Mr. Karet answered for him. Councilman Hays questioned it being wise to designate a single family residence as industrial. Mr. Karet feels it all depends upon the circumstance. Councilman Mitchum questioned if there is no plan to develop or use this property, why does it need to be changed. Mr. Karet elaborated on the reasons for this proposed change. There was a discussion regarding a development agreement. Mayor Hayman questioned if the proposed changes are made, if Mr. Westfall would be required to conform with a twenty-five foot buffer. Mr. Karet explained simply rezoning it to industrial would not require him to do that. Joe Martin, representing Larry Westfall, commented on a letter he had to distribute to Council which he did at this time. He further spoke about the rezoning of Mr. Westfall's property. Mr. Martin spoke regarding the denial by the LDRA for this rezoning. Councilman Hatfield asked the view of the LDRA. Dominick Fazzone, Chairman, LDRA, explained why the LDRA voted the rezoning down. There was a discussion regarding why the LDRA felt this request did not meet the seven criteria. Page -3- Council Regular Meeting December 4, 1995 ~ ~ Judith Lichter, 826 Navigators Way, commented on changing from industrial to residential and the LDRA needing to know what the purpose of the change is going to be. If they have no idea what the purpose of the change is going to be, they can not see if those seven criteria are met or not. Ms. Lichter spoke on the materials brought to the LDRA for the Coronado Paint requests. Ms.Lichter commented on the effects this rezoning could have on the community. She believes she would be totally against this at this time until a use is established. Councilman Hays feels it is important that they know why they would be changing a land use. He expressed concern as to why this was in with the rest or is there a future plan the Council doesn't know about. He can not support this. Councilman Mitchum can not go with this without a development agreement. Mayor HaYman concurred with the comments of the previous Council members. City Attorney Storey commented on the zoning hearing process. She commented on the applicant not yet having the opportunity to make a presentation. She recommended Council keep that under consideration. Mayor HaYman suggested tabling this until the applicant has the time to make a presentation. Councilman Hays questioned this being denied by the LDRA. Doesn't that make a difference. He further commented on this being recommended for denial by the LDRA. City Attorney Storey commented on the requirement of having first readings and then public hearings. Councilman Mitchum made a motion to approve Ord. 95-0-20 on first reading, second by Councilman Hatfield. Councilman Hatfield explained he seconded this to give Mr. Westfall and Mr. Martin the opportunity to make a presentation. Councilman Mitchum stated just because this passed the first reading it doesn't mean it is going to be approved on second reading. The motion CARRIED 3-2. Councilwoman Martin and Councilman Hays voted NO. F. First reading Ord. 95-0-21 Zoning classification change - 143 West Ocean Avenue Mayor Hayman read Ord. 95-0-21. Councilman Mitchum made a motion to approve Ord. 95-0-21 on first reading, second by Councilman Hatfield. The motion CARRIED 3-2. Councilwoman Martin and Councilman Hays voted NO. G. First reading Ord. 95-0-22 Comprehensive Plan amendment - between India Palm and Hibiscus Drive north of 30th Street Mayor HaYman read Ord. 95-0-22. Page -4- Council Regular Meeting December 4, 1995 '-" ...., Mr. Karet made a presentation regarding Ord. 95-0-22 and 95-0-23. He explained if this is approved, this property would be used for a professional office building. He presented the recommendation of the LDRA. He spoke about a development agreement. There was a discussion regarding an alleyway that would allow access to the property due to needing access to a transformer on the property. Mayor Hayman expressed concerns with pedestrian traffic. Donnie Williams informed Council he is willing to go along with a development agreement. He expressed a willingness to work with Council. He suggested Council vacate the entire length of the alleyway. Councilman Hays questioned if a building is put on this property if the City would be able to collect tax dollars. Councilman Mitchum made a motion to approve Ord. 95-0-22, second by Councilwoman Martin. The motion CARRIED 5-0. H. First reading Ord. 95-0-23 zoning classification change - between India Palm and Hibiscus Drive north of 30th street Mayor Hayman read Ord. 95-0-23. Councilman Hatfield made a motion to approve Ord. 95-0-23, second by Councilwoman Martin. The motion CARRIED 5-0. CONSENT AGENDA A. Planned maintenance service agreements for Caterpillar Model 3412 standby generators at Alan R. Thomas water treatment plant and advanced wastewater treatment plant B. sartorius preventive maintenance, certification. and repair service agreement for water treatment plant analytical balance C. copier maintenance agreement for Police Department copier D. Renewal of Employee Assistance Program Contract with Act, ~ Councilman Hays asked for clarification on Item C. He questioned if the same copier service company is used for every copy machine in the City. He asked Item C be pulled off the consent agenda. Councilman Mitchum moved to approve the Consent Agenda, second by Councilman Hays. The motion CARRIED 5-0. C. Copier maintenance agreement for Police Department copier Councilman Hays would like to have a sole source doing the maintenance on all the copy machines. He asked this be looked at and brought back at the December 18th meeting. Chief Schumaker commented on their need for a new copy machine and a maintenance agreement that would allow repair on the copier when needed. Councilman Hays requested this be continued at the December 18th meeting. Page -5- Council Regular Meeting December 4, 1995 ~ .""" OTHER BUSINESS A. Cancelin9 or reschedulin9 re9ular meetin9s of January 1 and January 15, 1996, due to New Years Day and Martin Luther Kin9. Jr. Day holidays It was the consensus of the Council to cancel the meetings on the 1st and 15th and reschedule a regular meeting for January 8, 1996 and a special meeting later if needed. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Judith Lichter, 826 Navigators Way, commented on how beautiful the Christmas House is. OFFICER REPORTS City Attorney city Attorney storey had nothing at this time. City Manager City Manager McMahon had nothing at this time. City Clerk city Clerk Wadsworth had nothing at this time. other Councilman Mitchum spoke about vacating property on Park Avenue by the railroad tracks. He questioned a drainage easement that was to be cleared by the property owner. City Attorney storey explained the resolution was never recorded because the requirements have not been met. Mayor Hayman read a proclamation regarding "Drunk and Drugged Driving Prevention Month." Mayor Hayman commented on a report from Herbert Marlow Jr. regarding the study on the Volusia Aquifer Partnership. Mayor Hayman read a letter from Jeanne K. Diesen requesting support for a YMCA. He further spoke about the proposed recreation complex. Mayor Hayman commented on the Police Dept. status report and the outstanding job they are doing. Councilman Hatfield asked for a status report on S & E Contractors which City Manager McMahon presented. There was a brief discussion regarding whether the final payment has been issued. city Attorney storey informed Council the bonding company has put the city on notice that no payments should be made. There was a brief discussion regarding exactly how much money is owed to S & E Contractors and the issue of outstanding obligations. Councilman Hays encouraged people to purchase tickets towards the Christmas House. He commented on the Christmas parade Saturday at 9:00 a.m. Page -6- Council Regular Meeting December 4, 1995 '-' .."" Councilman Hays thanked City Manager McMahon and utilities Director Terry Wadsworth for their efforts in getting the sign up at the new Water Plant. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn, second by Councilman Hatfield. The meeting adjourned at 8:47 p.m. Minutes submitted by: Lisa Kruckmeyer Page -7- Council Regular Meeting December 4, 1995