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02-09-2004 - Regular / .. W' ...., , , CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 9, 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 Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. He asked everyone to keep in their prayers a special thought for Councilwoman Lichter's significant other. 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 Laverna McGinnis for her appointment to the Library Board and Tiana DeWees for her appointment to the General Employees Pension Board. B. Mayor Schmidt proclaiming February as Library Appreciation Month and Head Librarian Ruth McCormack reporting on the 2003 Library activities Mayor Schmidt read the proclamation proclaiming February as Library Appreciation Month. '-" ...", Head Librarian Ruth McCormack presented an annual report of the activities at the Edgewater Public Library for 2003. City Manager Hooper asked for Council approval for the waiving of building permit fees for an application for expansion of a portion of the library. It was the consensus of Council to waive the building permit fees. 4. CITIZEN COMMENTS The following citizens spoke: Jeanne DelNiqro, 3130 Tamarind Drive Mike Visconti, 316 Pine Breeze Drive John Cordeiro, 1515 Pine Tree Drive Rav Anderson, 1905 S. Riverside Drive Rich Fromm, 2576 S. Ridgewood Avenue, Rich's Place Richard Jones, 1530 Sabal Palm Drive 5. CITY COUNCIL REPORTS Councilman Brown spoke on a Mentor Day he attended at the Library. Councilman Vincenzi read a card from Barbara Clifton and Ernest Sanchez complimenting the Building Department. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter stated she was glad to see the draft about senior transportation that will be placed in the City newsletter. Councilman Vincenzi hopes they will be able to get some good responses back and that City Manager Hooper will be able to work on the conceptualization of it. Page -2- Council Regular Meeting February 9, 2004 ....., ....., Councilwoman Lichter feels the speed on SR 442 needs to be looked at from the horse farm to 1-95. City Manager Hooper informed her they will be increasing that from 45 mph to 55 mph as soon as the construction and the road is completed and they are finished with the contractor turn at the state. Councilwoman Lichter commented on the special Water Authority of Volusia meeting she attended this month. Councilwoman Lichter and City Manager Hooper will be meeting with the new director of WAV on Friday to show him the City's water facilities. There will also be another special meeting on conservation. Mayor Schmidt thanked Staff. He spoke of an article about the Sunshine Law and the News Journal doing an impromptu survey. It is nice to see that Edgewater came out good. It seems our people are following the letter of the law on what they need to do. It is nice to see they are educated to do that. Mayor Schmidt spoke of an article being done a year ago when No U-Turn signs were put up at the corner of Roberts Road and U.S. #1. He spoke of that corner getting worse. He doesn't feel the signs that were put up are working. He spoke of the driveway going into Walgreens that when you turn off of U.S. #1 to go down Roberts Road a lot of people seem to want to make a left hand turn. There is no turn lane. He asked the newspaper staff to do another article done showing pictures of the no left-turn sign. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Richard Stonecipher, owner of Earthquake Magoons, 132 W. Park Avenue, requesting a Special Activity permit for a Biketoberfest Annual Oyster Roast to be held on March 5, 2004, with outdoor music City Manager Hooper made a staff presentation. Staff recommends approval. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve the Special Activity permit for a Biketoberfest Annual Oyster Roast to be held on March 5, 2004, with outdoor music at Earthquake Maqoons, second by Councilwoman Lichter. The MOTION CARRIED 5-0. Page -3- Council Regular Meeting February 9, 2004 ........ ....., B. Public Hearing, Rich Fromm, owner of Rich's Place, 2576 S. Ridgewood Avenue, requesting a Special Activity permit for Bike Week activities from March 4 through March 6, 2004, with outdoor music City Manager Hooper made a staff presentation. Staff recommends approval. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Vincenzi moved to approve the Special Activitv permit for Bike Week acti vi ties from March 4 throuah March 6, 2004, wi th outdoor music at Rich's Place, second bv Councilman Brown. The MOTION CARRIED 5-0. C. Public Hearing, Tanya Girvan, owner of No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity permit for Bike Week activities from February 27 through March 7, 2004 City Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Lichter mentioned confusion with dispatch regarding the hours in Edgewater due to also handling New Smyrna and Port Orange. City Manager Hooper spoke of working with dispatch. Councilwoman Rhodes questioned there being no comments by Chief Ignasiak on this particular permit but there were comments on the other two. Police Chief Ignasiak elaborated there are no crime related or violence related problems at any of the establishments. The problems they deal with through these events are traffic related. Councilwoman Rhodes spoke of the problem being the noise exceeding the decibel level. They are asked to turn it down and two hours later it exceeds the decibel level again and they are asked to turn it down again. She wants to see it consistently stay under the decibel level. Councilwoman Rhodes wants to see that if there is one complaint there is never one after that. If there is another one after that, that is it. Page -4- Council Regular Meeting February 9, 2004 '-' ."." Tanya Girvan, 3109 Travelers Palm Drive, stated she has never had the cops come and repeatedly tell her to turn the music down. When they come it is the difference between 60 and 65 decibels. It's not that big of a difference. At that point they adjust it way down to what it is supposed to be but they have never come back and said they had another complaint for noise and she was above it. city Manager Hooper spoke of routine monitoring being done at all the establishments. Fire Chief Barlow commented on a majority of the complaints they have responded to they found them within compliance of the noise ordinance. Mayor Schmidt opened the public hearing. The following citizen spoke: Ray Anderson, 1905 S. Riverside Drive Mayor Schmidt closed the public hearing. Councilman Vincenzi questioned how long the bars normally stay open and the attendance of 10,000 to 50,000. Ms. Girvan elaborated on how many people show up for different events and the extra staff and police they have during their events. Councilwoman Rhodes moved to approve the Special Activity permit for Bike Week acti vi ties from February 27 through March 7, 2004 at the No Name Saloon, second by Councilwoman Lichter. The MOTION CARRIED 5-0. D. 1st 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. City Manager Hooper made a staff presentation. The effective date of the annexation is not until it is actually purchased from the County. City Manager Hooper answered questions presented by Councilman Vincenzi. Page -5- Council Regular Meeting February 9, 2004 ...., ..."", City Manager Hooper informed Council studies are being done and the earliest it will be at completion of those for the closing is the first week in March. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-06, City of Edaewater reauestina annexation of 60+ acres located at 4115 US1 to be known as Edaewater Harbor, second bv Councilman Brown. The MOTION CARRIED 5-0. There was a ten-minute recess at this time. The meeting recessed at 8:05 p.m. and reconvened at 8:15 p.m. 7 . BOARD APPOINTMENTS There were no Board Appointments at this time. 8. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 9. OTHER BUSINESS A. Universal Tag Program - consideration/authorization to establish an Ordinance to participate in a countywide "Universal Tag Program" and hold the required public hearings City Manager Hooper made a brief staff presentation. Diana Voigt, President, Concerned Citizens for Animal Welfare of Volusia County, 4037 Acoma Drive, Ormond Beach, made a presentation regarding where they are with the Universal Tag Program and what it is that this program is intended to do. Ms. Voigt answered questions presented by Councilwoman Rhodes, Councilman Brown and Councilwoman Lichter. Mayor Schmidt opened the public hearing. The following Animal Control Board members spoke: Page -6- Council Regular Meeting February 9, 2004 '-' ...., Donna Waoner, 2922 Unity Tree Drive Ms. Wagner answered questions presented by Councilwoman Rhodes. Councilwoman Rhodes feels it wouldn't hurt to try it. Karen Mason, 1847 Coco Palm Drive There was a brief discussion regarding the money the City would lose by going with this program. Councilman Brown feels they need to educate the people that they need to come to City Hall to pick up the Pet Tag, which is not the same as the rabies tag given at the vet's office. Councilman Vincenzi stated he has had dogs but doesn't have one right now and he knew he had to get a pet license from the City and he never did because he didn't see a point to it. He feels the intention of it, is good but the problem he has with it is the target population are people that probably already take care of their dogs and cats. Mayor Schmidt also expressed he would like to try it. There was a brief discussion regarding a City that is not participating and a resident of that City not being eligible for this program. Ms. Voigt commented on fees going up and she informed Council if they don't like the way the program operates to pullout of it. Ms. Voigt then spoke of responsible pet owners versus irresponsible pet owners and pet owners not necessarily being irresponsible. They may not know there are other affordable options available. There was a brief discussion regarding feral cats. Mayor Schmidt asked Council if they had any questions for the two veterinarians in the audience. He also asked if the veterinarians wanted to make any comments to the Council. Dr. David Vanis, Indian River Animal Clinic, 909 S. Ridgewood Avenue, presented his feelings on the Universal Tag Program. He spoke of this program not having any enforcement and the cities having to handle the enforcement. Page -7- Council Regular Meeting February 9, 2004 ..... .... Dr. Vanis and Ms. Voigt answered questions presented by Councilwoman Rhodes. Mayor Schmidt thanked Ms. Voigt for helping them through this issue. Councilwoman Rhodes asked City Manager Hooper how he feels about Edgewater running the program, which he commented on at this time. He has no problem with saying they could do it in conjunction with some sister cities and it would be small and right here. He spoke of this program existing in Seminole County and the County running the whole show. Mayor Schmidt closed the public hearing. City Manager Hooper suggested the Council tell him to go and work with Frank Roberts, Ken Parker and Oak Hill and in a few weeks bring Council something that says they are in or out, or they have a common interest. Each Councilmember presented their feelings. It was the consensus of Council to do some research and see which sister cities are involved with the Universal Tag that they know for sure and to come up with some options. There was a five-minute recess at this time. B. Terra Mar Village Utility Improvements - staff recommending approval of Notice to Award Bid to McMahan Construction as low qualified bidder for $710,036, and approval of Change Order #1 (due to bid exceeding budgeted amount for project), reducing the contract amount to $437,500 City Manager Hooper made a staff presentation. City Manager Hooper answered questions presented by Mayor Schmidt and Councilman Vincenzi. Counci~woman Rhodes moved to approve the Notice to Award Bid to McMahan Construction as ~ow qua~ified bidder for $710,036, and approva~ of Chanqe Order #1 (due to bid exceedinq budqeted amount for proiectJ, reducinq the contract amount to $437,500, second bv Counci~an Vincenzi. The MOTION CARRIED 5-0. Page -8- Council Regular Meeting February 9, 2004 '-' ...., C. Transportation Impact Fee study - staff recommending approval of the proposal from B & H Consultants, Inc. to prepare a Transportation Impact Fee study for a total amount not to exceed $44,075; authorize the Mayor/City Manager to execute the documents; and to permit other governmental entities to piggyback on the contract for their transportation analysis needs City Manager Hooper made a staff presentation. City Manager Hooper answered questions presented by Councilman Vincenzi, Councilwoman Lichter and Mayor Schmidt. Councilwoman Rhodes moved to approve the proposal from B & H Consultants, Inc. to prepare a Transportation Impact Fee study for a total amount not to exceed $44,075; authorize the Mayor/City Manager to execute the documents; and to permit other governmental entities to pigO"Vback on the contract for their transportation analysis needs, second by Councilwoman Lichter. The MOTION CARRIED 5-0. D. Discussion Item - determine Council's interest in entering into an exclusive solid waste franchise agreement for commercial solid waste pickup City Manager Hooper made a staff presentation. City Manager Hooper answered questions presented by Councilwoman Lichter, Councilwoman Rhodes and Councilman Vincenzi. Councilwoman Lichter explained she has very mixed feelings on this. It was the consensus of Council to hold a public hearing on this matter. 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. Paralegal Matusick had nothing at this time. Councilwoman Rhodes stated Bob Garthwaite that she appointed to the Charter Review Committee had to resign because his wife is very ill. Donna Wagner will be replacing him on that Committee. Page -9- Council Regular Meeting February 9, 2004 ..... ..., There was a brief discussion regarding one person serving on two boards. Councilwoman Rhodes moved to approve the appointment of Donna Waaner to the Charter Review Committee, second by Councilwoman Lichter. The MOTION CARRIED 5-0. C. City Manager Hooper commented on the memo he wrote that described utility bills. Councilman Vincenzi and Councilman Brown asked for some additional information about bad debt, number of tenants and number of landlords. 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items Mayor Schmidt spoke of the Economic Development thing at DBCC on March 13th at 9: 00 a.m. City Manager Hooper informed the Council he would like to have a Work Session on February 23rd at 6:00 p.m. to discuss the Joint Planning Area and the Closest Unit Response Agreement with the County. There were no Citizen Comments at this time. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:55 p.m. Minutes submitted by: Lisa Bloomer Page -10- Council Regular Meeting February 9, 2004