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02-23-2004 - Regular , "" 'W' ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 23, 2004 7:00 P.M. COMMUNITY CENTER MINUTES 1 . 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 Paralegal Robin Matusick Present Present Present Excused Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES There were no minutes to be approved at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members Mayor Schmidt recognized Donna Wagner for being appointed to the Charter Review Committee. B. Plaque, sponsored by Riverside Bank (Lori Brim) presented to Detective Dave Gamell as "Officer of the Quarter." Police Chief Ignasiak announced Detective Gamell was named as the Officer of the Quarter and asked him to come forward. He also asked Lori Brim, Riverside Bank to come forward. Police Chief Ignasiak read a letter from the Chief of Police from the City of Plainfield, New Jersey. Ms. Brim presented Detective Gamell with a plaque. . ~ ~ ~ C. Moose Lodge presenting "moose dolls" to the Police Department to give to traumatized children at incidents. (Lodge relocated to Pelican Plaza) Police Chief Ignasiak commented on the Moose Lodge in Edgewater being very supportive of the Police Department. Larry Conures, Moose Lodge, presented 12 Moose Dolls to the Police Department for traumatized or abused children. Neil Kimberly informed the Police Chief if they run out they will get some more. Neil Kimberly, Moose Lodge, stated they sent a check for $500 to the Police Department toward the watercraft program to buy equipment for the City's boat. Mayor Schmidt asked Fire Chief Barlow to come forward to make a presentation regarding Bike Week 2004, which he did at this time. Fire Chief Barlow went over the Bike Week Special Event Action Plan. Mayor Schmidt thanked him for the effort for doing this. Councilwoman Lichter asked Fire Chief Barlow what they want the Council to do with calls they receive. Fire Chief Barlow stated they have placed the cellular telephone numbers to their on-duty Code Officers so City staff will be able to call them direct so they can address it that way. City Manager Hooper complimented Fire Chief Barlow for putting this together. They are going to meet with the businesses before Bike Week. City Manager Hooper informed Council they will use this in the future to say it is acceptable for more of the special activities or if this doesn't work they will be saying no, they won't be renewing them for the way they have been completed and gone through and violated ordinances. 4. CITIZEN COMMENTS The following citizens spoke: Dominic Capria, 606 Topside Circle Myron Hammond, 1821 Royal Palm Drive Page -2- Council Regular Meeting February 23, 2004 . - '-" ..", Rav Anderson, 1905 S. Riverside Drive 5. CITY COUNCIL REPORTS Councilman Vincenzi asked for a list of the businesses that have issues with their signs. Councilman Vincenzi then spoke about complaints he has received regarding speed on SR 442 at odd hours. Mayor Schmidt asked if they have any idea when they will be changing the speed limit from the horse farm to 1-95. Police Chief Ignasiak informed him any day. City Manager Hooper stated he has been told the day the contract changes from the private ownership to DOT ownership, probably within the next 30 days. Councilwoman Lichter thanked Council and staff for their kindness. Councilwoman Lichter stated Drug Free Youth had at their last meeting a Belgian Shepherd that they gave the City of New Smyrna Beach. When Edgewater is ready for a Police dog, she encouraged the Police Department to ask Drug Free Youth because they are waiting to give us what we want. Councilwoman Lichter commented on the Southeast Volusia Senior Advisory Board meeting. They will be having their third workshop this year at the YMCA on March 17th from 8:30 a.m. to 1:30 p.m. Councilwoman Lichter informed Council the Savvy Senior information as well as the Senior Transportation Survey will be included in the next newsletter. Councilwoman Lichter then spoke of an article on Water Conservation that was in the News Journal. She asked that an article be placed in the newspaper listing the days and hours that watering is allowed. Councilwoman Lichter commented on the conference with the County, Edgewater and Oak Hill that she attended as a non-participant regarding the division line between Edgewater and Oak Hill and some matters of a lawsuit between the County and Oak Hill over some properties being annexed by Oak Hill. We also have a legal issue with them. There will be a meeting in a month that our Councilpeople are encouraged to attend. Page -3- Council Regular Meeting February 23, 2004 ....... """'" city Manager Hooper confirmed the meeting will be held March 8th at 10:30 at the Library. Council will be in session and will be asked to decide whether they are willing to settle for anything or if they will pursue on to a lawsuit. Mayor Schmidt stated all of the Fire Chiefs and Mayors from seven east coast cities got together and signed a simple piece of paper that gives every east coast city the capability of helping each other out in drastic emergencies and closest unit into what they all consider what is the most important thing for our citizens. This has been over two years in the works. Councilman Brown commented on the notice he received regarding the Salvation Army reopening an office in New Smyrna Beach. They will only be open on Tuesdays. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Tracy Mehalko, applicant for Indian River Sports Fishing Club/Cameron's Marina Market 57, 2001 S. Riverside Drive, requesting a Special Activity Permit for a "Top Gun Fishing Tournament" to be held from March 27 through March 28, 2004 City manager Hooper made a staff presentation. Staff recommends approval but that the fee not be waived. City Manager Hooper answered questions presented by Councilwoman Lichter and Councilman Vincenzi. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve the Special Activitv Permit for a "Top Gun FishinG' Tournament" to be held from March 27 throuG'h March 28, 2004 with the fees not beinG' waived second bv Councilman Vincenzi. The MOTION CARRIED 4 -0. B. 2nd Reading, Ord. No. 2004-0-06, City of Edgewater requesting annexation of 60~ acres located at 4115 US1 to be known as Edgewater Harbor Paralegal Matusick read Ord. 2004-0-06 into the record. Page -4- Council Regular Meeting February 23, 2004 ..".. ....." City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Vincenzi moved to approve Ord. 2004-0-06, City of Edqewater requestinq annexation of 60+ acres located at 4115 US1 to be known as Edqewa ter Harbor, pendinq the resul ts of the environmental studies, second by Councilwoman Lichter. The MOTION CARRIED 4-0. C. Purchase and Sale Agreement between the City of Edgewater and Edgewater Harbor, LLC for the 60-acre site located at 4115 USl City Manager Hooper made a staff presentation. City Manager Hooper answered questions presented by Councilman Vincenzi and Councilwoman Lichter. City Manager Hooper informed Council before they go to closing they can bring this back to make Council aware that either we will close with the County or Edgewater Harbor will close directly with the County. Our date is May 7th. Councilman Vincenzi has no problem with this. If this deadline comes up and the studies aren't done, then he sees a problem with it. Katie Gierok, Gierok Engineering, commented on the studies being pretty much done. They have contracted with Hartman & Associates who have already completed the Phase I study and they have recommended a Phase II study. All of the field work has been done and they found nothing. City Manager Hooper asked Ms. Gierok to share that with the Council when the report comes back in and it is acceptable. City Manager Hooper then commented on the title commitment being done by our Attorney and being in our control. Mayor Schmidt opened the public hearing. The following citizen spoke: Hawk MCMillan, Edgewater Harbor Page -5- Council Regular Meeting February 23, 2004 "-" ......" Mayor Schmidt closed the public hearing. Councilman Brown moved to approve the Purchase and Sale Aareement between the Ci tv of Edaewa ter and Edaewa ter Harbor, LLC for the 50-acre site located at 4115 US1, pendina the results of the environmental studies, second bv Councilwoman Lichter. The MOTION CARRIED 4-0. D. 1st Reading, Ord. No. 2004-0-11, Edgewater Harbor, LLC, requesting the Comprehensive Plan Future Land Use Map amendment from Volusia County Industrial to City Mixed Use with Conservation Overlay for 60~ acres of property located at 4115 US1 Paralegal Matusick read Ord. 2004-0-11 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-11, Edaewater Harbor, LLC, requestinq the Comprehensive Plan Future Land Use Map amendment from Volusia County Industrial to City Mixed Use with Conservation Overlay for 50+ acres of property located at 4115 US1, pendina the results of the environmental studies, second bv Councilman Vincenzi. The MOTION CARRIED 4-0. E. 1st Reading, Ord. No 2004-0-07, amending Chapter 19 (Utilities and Services) of the Code of Ordinances Paralegal Matusick read Ord. 2004-0-07 into the record. City Manager Hooper made a staff presentation regarding the proposed changes to Chapter 19. He also went over the new sections that have been added. City Manager Hooper answered questions presented by Councilman Brown. Councilman Vincenzi would like to get a comparison of the before and after impact on typical uses. Page -6- Council Regular Meeting February 23, 2004 ,.,.. ~ Director of Environmental Services Terry Wadsworth and City Manager Hooper answered questions presented by Councilman Vincenzi and Mayor Schmidt. Councilwoman Lichter commented on the fee increases she feels are too high. She agreed with the increase for reclaimed water. She then pointed out some mistakes in the ordinance. Mayor Schmidt opened the public hearing. The following citizens spoke: Rav Anderson, 1905 S. Riverside Drive, passed out and went over a handout comparing New Smyrna Beach to Edgewater. LuAnn Smith, 1932 S. Riverside Drive Dominic Capria, Topside Circle, asked what the expenditures are for reclaimed water and he would also like some figures on water and sewer with regard to what is being taken in and what is being paid out. He would also like some figures on the swapping of water for sewer with the County. Mike Visconti, 316 Pine Breeze Drive Paul Jenkins, Willow Oak Drive Dorothv Szeqda, 106 Orange Avenue Carl Kiernan, 603 Charter Lane LuAnn Smith, 1932 S. Riverside Drive Paul Jenkins, Willow Oak Drive Mayor Schmidt closed the public hearing. City Manager Hooper informed the Council that they would be voting on the ordinance that establishes the ability to put rates into effect. The rates will be brought back on March 1st. Councilman Vincenzi had a problem with voting on the rates on March 1st when they just received the resolution tonight. City Manager Hooper informed Councilman Vincenzi he is authorized to continue that if he wants more time to study it. He would be pleased to meet with Councilman Vincenzi and go over it. Page -7- Council Regular Meeting February 23, 2004 .... ...., Councilwoman Lichter moved to approve Ord. 2004-0-07, amendinq Chapter 19 (utilities and Services) of the Code of Ordinances, second by Councilman Brown. The MOTION CARRIED 4-0. Mayor Schmidt stated he would like a little more time and asked that this be placed on the agenda for March 15th. Mayor Schmidt called a ten-minute recess at this time. The meeting recessed at 8:45 p.m. and reconvened at 8:55 p.m. F. 1st Reading, Ord. No. 2004-0-08, City of Edgewater requesting an amendment to the Official Zoning Map to include 15.52~ acres of property located at 3001 S. Ridgewood Avenue (Sea Pines Memorial Gardens) as p/SP (Public/Semi-Public) City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. 2004-0-08 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-08, City of Edqewater requestinq an amendment to the Official Zoninq Map to include 15.52+ acres of property located at 3001 S. Ridqewood Avenue (Sea Pines Memorial Gardens) as p/SP (Public/Semi-Public), second by Councilman Vincenzi. The MOTION CARRIED 4-0. G. 1st Reading, Ord. No. 2004-0-09, City of Edgewater requesting an amendment to the Official Zoning Map to include 24.20~ acres of property located at 650 Roberts Road (Indian River Elementary School) as P/SP (Public/Semi-Public) Paralegal Matusick read Ord. 2004-0-09 into the record. City Manager Hooper made a staff presentation. Mayor Schmidt opened the public hearing. Page -8- Council Regular Meeting February 23, 2004 '-' "WI The following citizen spoke: Paul Jenkins, Willow Oak Drive Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-09, City of Edqewater requestinq an amendment to the Official Zoninq Map to include 24.20+ acres of property located at 650 Roberts Road (Indian River Elementary School) as p/SP (Public/Semi-Public), second by Councilman Brown. The MOTION CARRIED 4-0. H. 1st Reading, Ord. No. 2004-0-10, City of Edgewater requesting an amendment to the Official Zoning Map to include 37.98~ acres of property located at 3171 S. Ridgewood Avenue (st. Gerard's Church) as P/SP (Public/Semi-Public) Paralegal Matusick read Ord. 2004-0-10 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-10, City of Edqewater requestinq an amendment to the Official Zoninq Map to include 37.98+ acres of property located at 3171 S. Ridqewood Avenue (st. Gerard's Church) as p/SP (Public/Semi-Public), second by Councilman Vincenzi. The MOTION CARRIED 4-0. I. 1st Reading, Ord. No. 2004-0-12, owner Rick Rosen requesting an amendment to the Comprehensive Plan Future Land Use Map to include 23.5~ acres of property located at 3149 SR 442 as Mixed Use with Conservation Overlay City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. 2004-0-12 into the record. City Manager Hooper answered questions for Councilwoman Lichter and Councilman Brown. Page -9- Council Regular Meeting February 23, 2004 . . ........ 'WI' Councilman Vincenzi explained why he has a problem with this property having a Mixed Use designation. City Manager Hooper elaborated on his concerns. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-12, owner Rick Rosen reauestinq an amendment to the Comprehensive Plan Future Land Use Map to include 23.5+ acres of propertv located at 3149 SR 442 as Mixed Use with Conservation Overlav, second bv Councilman Brown. The MOTION CARRIED 4-0. J. 1st Reading, Ord. No. 2004-0-13, HNWW, Inc. requesting an amendment to the Comprehensive Plan Future Land Use Map to include 27~ acres of property located south of 22nd Street and west of Silver Palm Drive as Low Density Residential with Conservation Overlay Paralegal Matusick read Ord. 2004-0-13 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Vincenzi moved to approve Ord. 2004-0-13, HNWW, Inc. reauestinq an amendment to the Comprehensive Plan Future Land Use Map to include 27+ acres of propertv located south of 22nd street and west of Silver Palm Drive as Low Densitv Residential with Conservation Overlav, second bv Councilman Brown. The MOTION CARRIED 4 -0. K. 1st Reading, Ord. No. 2004-0-14, City of Edgewater requesting an amendment to the Comprehensive Plan Future Land Use Element and Intergovernmental Coordination Element to include language pertaining to the Interlocal Agreement between the City and Volusia County School District regarding Public School Facility Planning City Manager Hooper made a staff presentation. Page -10- Council Regular Meeting February, 23, 2004 .... ..,,; Paralegal Matusick read Ord. 2004-0-14 into the record. Councilwoman Lichter pointed out a correction on Page 2 of 2 of Exhibit A. The Volusian Water Alliance is now Water Authority of Volusia and there are three cities that need to be taken out; Pierson, Oak Hill, and Lake Helen. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-14, City of Edqewater requestinq an amendment to the Comprehensive Plan Future Land Use Element and Interqovernmental Coordination Element to include lanquaqe pertaininq to the Interlocal Aqreement between the City and Volusia County School District reqardinq Public School Facilitv Planninq as corrected, second bv Councilwoman Lichter. The MOTION CARRIED 4-0. Mayor Schmidt asked for Council's approval for City Manager Hooper to draft a letter to somebody in regards to 10th Street and the new High School. He read an article the other day in the newspaper. He spoke of how the improvements on 10th Street are going to be done. He wants it known from us that whatever can be done to speed up the process would be very helpful. L. Res. No. 2004-R-05, Glenn Storch, authorized agent for Coral Trace, requesting the abandonment/vacation of the two (2) unimproved rights-of-way located within property located north of SR 442, west of Lybrand Avenue and east of 1-95 Paralegal Matusick read Res. 2004-R-05 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Vincenzi moved to approve Res. 2004-R-05, Glenn Storch, authorized aqent for Coral Trace, requestinq the abandonment/vacation of the two (2) unimproved riqhts-of-wav located within property located north of SR 442, west of Lvbrand Avenue and east of I-95, second bv Councilman Brown. Page -11- Council Regular Meeting February 23, 2004 . . ...... .... The MOTION CARRIED 4-0. 7. BOARD APPOINTMENTS There were no Board Appointments at this time. 8. CONSENT AGENDA A. East Volusia Mosquito Control District - staff recommending approval of an annual request to perform low level flights over the City of Edgewater and authorize the Mayor or City Manager to execute the document Councilman Brown moved to approve the Consent Aqenda, second bv Councilman Vincenzi. The MOTION CARRIED 4-0. 9. OTHER BUSINESS There was no Other Business at this time. 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper reminded the Council that there is a meeting at the New Smyrna Beach Library on March 8th for the mediation discussion with Oak Hill and Volusia County. City Manager Hooper stated the Chamber of Commerce is putting on an Economic Summit on March 13th at DBCC. Councilman Vincenzi would like to see an agenda for the Economic Summit. Councilwoman Lichter asked if they would be discussion the County, Oak Hill, Edgewater meeting before the fact with City Manager Hooper, or will he go into closed session. Page -12- Council Regular Meeting February 23, 2004 ~ ..." City Manager Hooper presented some options of what the Council could do. Council agreed they would hold a public meeting on March 1st. 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items There were no Citizen Comments/Correspondence at this time. 12. ADJOURNMENT There being no further business to discuss, Councilman Brown moved to adjourn. The meeting adjourned at 9:36 p.m. Minutes submitted by: Lisa Bloomer Page -13- Council Regular Meeting February 23, 2004