12-17-2001 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
DECEMBER 17, 2001
7:00 P.M.
COMMUNITY CENTER
MINUTES
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
Legal Assistant Robin Matusick
Present
Present
Present
Present
Present
Present
Present
Excused
INVOCATION, PLEDGE OF ALLEGIANCE
There was a silent invocation and pledge of allegiance to the
Flag.
APPROVAL OF MINUTES
A. Reqular Meetinq of October 15. 2001 & November 5. 2001
Councilwoman Lichter moved to approve the October 15, 2001 and
November 5, 2001 minutes, second by Councilman Vincenzi.
B. Special Meetinq of November 7. 2001
Councilman Vincenzi moved to approve the November 7, 2001
minutes, second by Councilman Brown. The motion CARRIED 5-0.
C. Reqular Meetinq of November 12. 2001
Councilwoman Lichter moved to approve the November 12, 2001
minutes, second by Councilman Vincenzi. The motion CARRIED 5-0.
PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS
Mayor Schmidt stated there is one that is not listed. Mayor
Schmidt asked JoAnne Sikes to come up. There are a couple of
people that have some letters they would like to read.
JoAnne sikes, city Historian, stated Ms. Harmon has been the
Library for thirty years. She introduced her family, the Library
Board, Susan Howes, Regional Librarian of this area, Ms. Harmon's
staff, some of the volunteers and some of her friends.
Jean Haughwout, President, Library Board; Susan Howes; and JoAnne
Sikes for the Friends of the Edgewater Library; read a letter
honoring Ms. Harmon for thirty years of service and wishing her a
wonderful retirement.
Mayor Schmidt presented Librarian Gayle Harmon with a plaque from
the city for thirty years of service at the Library.
Gayle Harmon stated when she started to work for the Library she
was making $200 a month, the Library building consisted of what
is now the front portion of the police Department and they might
handle as many items in a month as they do in a day now. She has
had thirty wonderful years thanks to wonderful staff members,
board members, Friends of the Library, volunteers, customers and
the cooperation that has always existed between the city of
Edgewater and Volusia County for the betterment of Library
services for the people of Edgewater.
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Mayor Schmidt asked Ms. Harmon if now that she is retired from
the Library if she is going to volunteer. Ms. Harmon stated
first she is going to have to read all the books that sh~ didn't
have time to read that she saw going in and out of the door and
then maybe she will.
CITIZEN COMMENTS
Dominic capria, 606 Topside Circle, stated they had a Workshop
meeting in November to try and clear up the noise ordinance and
so far they haven't reached that point. At the November meeting
it was stated that there would be limited discussions at that
Workshop meeting. He asked the question what are limited
discussions and Mayor Schmidt told him they were going to limit
it because they didn't want duplications, which he understands.
Come the day of the Workshop meeting they were now allowed any
discussions whatsoever. That disturbs him. He is respectfully
requesting that at the next Workshop meeting on this issue,
limited discussions be allowed. The citizens should be able to
present their views at the Workshop meetings. He is afraid if
they aren't allowed to do that, the Council is going to vote on
what they discussed. He knows they will be able to do it at the
Regular meeting but he thinks by that time the horse will be out
of the barn. He would appreciate it if they would allow them
discussion at the Workshop meetings.
Doris Hill, 112 Lincoln Road, in regards to the Workshop meeting
of December 4th, it seems to her the basic problem is them verses
us. Them being business and industry and us being the residents
and taxpayers of the City. She feels us consists of about 95% of
the population. We have a City Manager form of government and
most managers believe in growth of business and industry being
the first priority. We have a very strong Economic Development
Board in this City. This Board is really a lobby for business
and industry. The City gives tax incentives and in some cases
puts in the infrastructure for industry, even to the point of
going into debt to the tune of millions of dollars. On the other
hand the residents have no board to promote their interests.
They look to the Mayor and City council to be their advocates.
Why is it that the needs of the residents always wind up taking a
back seat to those of the business community. It seems a little
unfair to ignore the will of the people who end up paying for it.
Any improvements made to residential areas are paid through our
fees. The business community often gets a free ride.
Ms. Hill stated every time outside entertainment and bands are
brought up, she hears the Council saying they have to protect
business. Does that mean you have to protect businesses right to
business uses that are not permitted under our Codes? Business
has the right to expect the City to help them and expedite their
permits but under the Codes they don't have a right to do
anything that they are not licensed to do. The whole situation
of outside entertainment is a no brainer. She can find only one
business designation where outside activities is allowed that is
Restaurants A & B. However, live entertainment adjacent to
residential uses is a conditional use. That is in the Codes and
the Council has already approved it on first reading and it is up
for second reading. Article II, Page 10 of the Code defines
conditional use as a use within a zoning district which may be
permitted pursuant to standards and criteria which are consistent
with the Comprehensive Plan. There seems to be a lot of
controversy about conditional use permit intent. Obviously the
Codes recognize that certain types of land use impact the
community and therefore require special consideration. A
conditional use permit is a quasi-judicial decision. The Council
is our quasi-judicial which means the decision is in their hands.
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Council Regular Meeting
December 17, 2001
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Ms. Hill stated City Manager Hooper or someone in his office
decided to go around this Council. Forget about conditional use
permits and their right to have the Council rule publicly and
simply give them a permit for inside/outside entertainment and
clearly the business involved thought they had permission to have
special events whenever they pleased and that is what got us
here. Some of the Council have expressed an opinion that they
would prefer not to have conditional use permits come before
them. The Council is the only advocates the citizens have. The
reason that conditional use permits are quasi-judicial is for the
protection of the citizens. They have a right to be heard and to
be told in a public forum when a permit for a use which impacts
the community is given. That is their right and they expect the
Council to give them that right. The City Manager told the
Council it could all be taken out of their hands by simply
permitting outside entertainment on their occupational license.
This is in violation of the Code. The Council declined that
option at that meeting and she thanked them for that. What we
have here is a business wanting to do something, have outside
live entertainment that is not intended under our Code. If the
Council simply adheres to the Code, there will be no problem.
Business has a right to engage in practices permitted under their
licenses. They do not have the right to do anything beyond that.
The city has had three years to control the noise factor. They
were told many times the problem was that Edgewater had no noise
ordinance. Imagine their surprise when they found out in reality
they have an ordinance but it is not enforceable, why? What
guarantee can they give the residents that they can ever enforce
it and what about entertainment? will pudding wrestling
eventually turn into nude dancing? She doesn't see any control
whatsoever.
Ms. Hill stated New Smyrna Beach does not allow business to have
outside entertainment in areas in which residential zoned
property is impacted. The residents of Edgewater deserve the
same consideration. She hopes they will give them more
consideration than she thinks they are considering giving them.
Councilman Vincenzi agreed.
Councilwoman Rhodes asked if the people around a business or
whoever is applying for a conditional use permit within a certain
number of feet, are they not all notified when a conditional use
permit is applied for? City Manager Hoper stated for a
conditional use permit that is correct. To date though, there
hasn't been a conditional use permit applied for. Those rules
that she is talking about went into effect last August.
Councilwoman Rhodes stated what she is saying is there is not
citizen input but anybody that is applying for a conditional use
permit is sent a letter telling them what is going to happen with
the conditional use permit and tell them when to be at Planning
and zoning if they have issues with it. So there is a forum for
citizen input other than here.
Ms. Hill stated the way she reads the Codes, the only thing that
permits that music and entertainment outside is a conditional use
permit. There is a matrix that tells you to go to number 19 and
that is what number 19 says. She is taking it at its worth.
They had the Codes completely rewritten and brought up to date.
She doesn't know what it costs and she knows the City paid a lot
of money to have that done. It came back to staff, staff worked
on it and they turned it over to the Planning and Zoning Board.
She thinks we have one of the best Planning and Zoning Board's
that there is right here in Edgewater. All of this has been
passed on first reading. There are some parts that haven't
passed on second reading.
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Council Regular Meeting
December 17, 2001
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Ms. Hill sated this has not been passed on second reading and
they asked that this be held up because what Council has been
told is that they needed a different type of permit. Well maybe
you do need two permits and also in that same section, it refers
to how many times they can have a conditional use permit. Up to
ten days twice a year. Why did they do that? Because common
sense tells you that when you've got Bike Week going on in
Daytona and you have thousands of bikers they are going to get
down here at some time or another. They don't have room in there
to hold those people. She imagined they used common sense and
said if there is too many people they are going to have to let
them move outside. You tell me what reason there is to let a
band come in there blaring away on a Saturday or Sunday with all
the residential around there. There are kids, babies, sick
people everything. So they can make money at the residents
expense? They have a right to quiet and peace in their own
homes. You are talking about one person here that is against
this city. Our business runs up and down U.S. #1 and to the east
of U.S. #1 it is all residential and to the west residential. It
just doesn't make any sense. She was talking to Jim Ward and he
said in the County, JB's had outside bands on Saturday and Sunday
and there was so much complaining about it, they had to stop it
completely. New Smyrna Beach is a pretty nice City and doesn't
think that would be a bad city for us to follow.
Ray Anderson, 1905 S. Riverside Drive, stated the reason he is
here is feedback from the Workshop. There was no public input
and some things need to be said. He said they had the
opportunity to put those thoughts at the time you were
constructing the format. He thinks they indicated they were
drafting the format for the next Workshop meeting because there
were several areas his attorney thought were wrong. As a matter
of fact he said it was embarrassing. He is to feed some of those
comments and deliver a few messages and perhaps get the date of
the next Workshop public so they can start their campaign to get
people in here for the next workshop and to find out of any input
will be allowed at that meeting. Several things are hanging and
they need to know those answers. He presented feedback
concerning developmental codes for outdoor entertainment. He
feels the City of Edgewater appears to be confusing special
events permitting with outdoor entertainment by a business. They
are clearly two different issues. After witnessing the Workshop,
city Manager Hooper, intentionally or unintentionally, confused
all of them. He didn't know where they were. He didn't know if
they had came out ahead or if they had been had. He can not
comprehend the method in which he produced it. When the
confusion was over he laid a nice slab out there and everybody
okay we'll take it just to get rid of it. There are a lot of
things are going to happen beyond this point. They will mount a
campaign and are not sitting back on this one and will do what
they need to do. They have not approached investigative
reporting yet. This thing stinks. A lot of things have changed
and somehow his property adjoins that property within a few
hundred feet. When they use the parking lot that they rent, they
do adjoin his property so he has a legal right to be notified and
advised of what is happening and that has not been happening. He
feels they need to do a lot of things to get this squared away.
Concern is to treat outdoor entertainment as a special exception
or conditional use permit requiring city Council approval
including the verbiage as to not interfere with the health,
safety and welfare of nearby residential areas. They have a
business pushing the limits of their licenses in a residential
area. If they want to make that kind of entertainment, build a
building and put it inside or move it someplace else. The
solution is quite simple. The two day events by permit as was
pre October 2001 seems to be equitable to both businesses and
residents. The old system seemed to work very nicely for years
and controlled rapid expansion and the noise levels.
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Council Regular Meeting
December 17, 2001
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Mr. Anderson further stated they know about Bike Week and
Biketoberfest, they accept it, this is Florida. They have never
complained about that. It's the other fifty weeks of the year
they get noise that they can not control as citizens. He feels
an anytime permit or even a thirty day permit is simply too much.
He believes setting this kind of a precedent, in the words of his
attorney, is enormous and will open the entire commercial strip,
both sides of U.S. #1, and any other commercial property for any
activities desired.
Mayor Schmidt informed Mr. Anderson he thinks they all know he
had an attorney and a court reporter here but he doesn't think
they ever got the name of the attorney. He asked for the name.
Mr. Anderson stated Thomas Wright in New Smyrna Beach.
Mr. Anderson stated anybody that has residential property
adjoining any commercial property on the strip may have to put up
with any kind of a noise or any kind of an activity that they
want to put up. The control lies with the Council. The purpose
of these comments are to inform the residents adjoining
commercial property if there is a problem and they are welcome to
attend our next Workshop in early January if you can announce
that.
Richard Martinez, 317 Schooner Avenue, also hoped he would have
been able to have some input at the Workshop on the subject of
outdoor entertainment and noise and he was disappointed that he
couldn't have any input. He came to the Workshop with a live and
let live attitude. After that Workshop and after giving some
thought the next day, he realized it didn't fit into his vision
of the future of Edgewater. Since that Workshop and as a result
of that Workshop, he has come away with the feeling they should
ban outdoor music in this City.
Mike Visconti, 316 pine Breeze Drive, stated during the past year
they have heard all the citizens comments. During the past year,
the Council has endured another year of listening to their
comments and in a rating from one to ten his personal feeling he
gives them a nine for what they have done for the city but they
have to understand their comments are for the betterment of the
city of Edgewater. He wished the Council a very Merry Christmas
and a Happy New Year.
CITY COUNCIL REPORTS
Councilman Brown had nothing at this time.
Councilman Vincenzi stated he supports those who are complaining
about noise and he hopes they can come away from the Workshops
with some kind of happy medium and agreeable compromise.
Councilman Vincenzi stated he has had a couple of employees that
are disappointed because they didn't receive any information that
the Employee Appreciation Dinner format was being changed since
the budgeted amount was reduced. They would have like to have
been informed better and felt they were possibly being a little
neglected. He suggested more information distribution or
something to that effect to let people know what is going on and
keep them more informed.
councilwoman Rhodes agreed with everyone that in their homes they
deserve peace and quiet. If everything was perfect, there would
be a buffer and no homes would be abutting bars. Unfortunately
that is not the reality. The reality is the bar is there. If
they don't allow them to do business then they have the rest of
the business people wanting to know what is next.
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Council Regular Meeting
December 17, 2001
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Councilwoman Rhodes stated it is her personal opinion that the
issue is not outdoor bands. The issue is enforcement of the
Codes, the Special Use Permits, and the Conditional Use Permits.
The things they outlined in the Conditional Use Permit at their
Workshop, if those things were enforced you wouldn't have an
issue of loud music at night after 6 p.m on Sunday. She has a
couple of ideas for enforcing the Conditional Use Permit. As a
Councilperson, she feels like every person they can bring in
against outdoor music, that many people are going to come in in
favor of it. So you are between a rock and a hard place. They
are in the middle. She feels like the happy medium is never
going to be. But there are some things that can be done and if
they don't work then you can go back and ban outdoor music if you
have to. Her first priority is that the residents have their
neighborhoods and their homes the way they want them to be. She
suggested having a Code Enforcement Officer go to every
Conditional Use Permitted activity and make sure they are
complying. Daytona does it on Main Street. This is not a
debate, this is her report. She thinks there are avenues to
address this problem without denying a business a right to make
some money during the events that they can make the money. She
is a representative of the City of Edgewater. If the City of
Edgewater doesn't want any outdoor music, she will vote for no
outdoor music.
Ms. Hill asked what it would take to convince the Council of
that, a petition? Councilwoman Rhodes stated no, feedback. She
is getting feedback from both sides.
Mr. Anderson stated they had that position for three years. He
had police cars down there for three years. They know him by his
first name. It simply doesn't work. They come in, they do their
job, they drive away and somehow the music goes right back up.
You would have to have a Code Enforcement Officer stay there the
entire time they are open because it simply doesn't work.
Councilwoman Rhodes wished everyone a Merry Christmas.
Councilwoman Lichter wants to leave this for a Workshop if that
is their next approach where the citizens can talk and they can
answer. She would bottom line say maybe she is a little more
optimistic than Councilwoman Rhodes. She believes in giving
something a shot and that it can be made tight enough so that
they are not opposed like as written now and still be able to
give the minimum amount of days so they can have outdoor music.
Councilwoman Lichter stated New Smyrna is established in the
County. Their bars and outside music and their right for their
bikers happen to be within New Smyrna but that is a stretch of
County property so they do really have an existence in New
Smyrna.
Councilwoman Lichter spoke about rain sensors being required by
the middle of April. The County has made a County-wide ordinance
and that is going to be enforced and they will be having
workshops and information.
councilwoman Lichter spoke about strip malls and signage.
Someone suggested instead of having one sign in front of a strip
mall with all the names on it, it looks a heck of a lot better
then when there is a strip mall with individual signs. She went
up and down U.S. #1 and that is a given fact. It looks much
nicer if there is one sign. She would like to look into this in
terms of the future with strip malls if maybe they couldn't make
a requirement that one sign exists with all the businesses
listed.
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Council Regular Meeting
December 17, 2001
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Councilwoman Lichter stated the most calls she gets are about the
rational pickup schedule of tree cuttings and brush, the larger
piles. They have to make some rules, regulations and some time
schedule. She feels this needs to be addressed, possibly at a
workshop. She is constantly getting calls.
Councilwoman Lichter spoke about the name of Parktowne Irtdustrial
Center that was chosen for the FIND project. She received calls
about keeping that name. She has been thinking about it and
feels it is a most appropriate name and that they picked wisely.
She feels it would be an insult to the people that submitted
names and whose name was chosen. She feels they should keep it
as it is.
Councilwoman Lichter asked if there is any progress on the old
hospital on u.S. #1. City Manager Hooper stated they have
contacted the owner about condemning the property. He wasn't
aware that in years past that had been approached. He has
requested to come over and meet and see what he can do to clean
it up, fix it up and use it. He is making an appointment to come
over and see us the last week in December. They started the
inspection process that leads to condemnation if it is not
cleaned up.
Mayor Schmidt asked if the second Code Enforcement Officer has
been hired. City Manager Hooper stated they hired a City
employee so that transfer should happen in another couple of
months.
Mayor Schmidt spoke about the u.S. #1 area that has just gotten
repaved between Indian River and Roberts Road. He would like
Council's support for the City to draft a letter that he can take
to the representative on the MPO Board from DOT to address not
only the speed but the lighting of that entire stretch. Now that
they have had another restaurant move out of Florida Shores and
move on and that restaurant has been there a couple of months
now, it doesn't look like their business is going to slow down
any and that adds a lot of traffic in a not well lit area. Not
to mention Edgewater Landing with the active community that that
is and the not well lit entrance they have. He asked if they can
now start applying a little pressure. city Manager Hooper stated
he feels that is appropriate if Council wants to make a motion
and vote on it. That would give clout when you are talking of
speed and street lighting. Mayor Schmidt feels there are some
definite pockets in front of Edgewater Landing. Virtually the
whole stretch.
Councilman Vincenzi made a motion to get a letter drafted to DOT
with regard to speed and street lighting on u.S. #1 between
Indian River Boulevard and Roberts Road, second by Councilwoman
Rhodes. The motion CARRIED 5-0.
Councilwoman Lichter pointed out when you make a right hand turn
onto Roberts road off of u.S. #1 going south, there are two very
deep potholes there.
Mayor Schmidt stated they are filled in and if somebody makes the
turn the way they are supposed to, they aren't going to drive on
the sidewalk which in essence is what they do. They cut that
corner short. Since the paving, they have filled in far enough
into that corner but if you don't make the turn the way you
should you are going to drive onto the grass that is in between
the street and the sidewalk.
Councilwoman Lichter asked if they put the big yellow lines there
too. Mayor Schmidt stated they are in the process of striping
it.
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Council Regular Meeting
December 17, 2001
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city Manager Hooper stated the SR 442 bids opened this past week
and DOT is in the process of awarding one company the paving of
both of those contracts. That will focus some tension right here
as they are going through and talk of the urban expansior\ that is
underway. He thinks that will help with what they are describing
with lights and speed limits.
councilwoman Lichter stated she has a letter concerning the light
they put up stating that if that didn't work out well they would
readdress the situation. Over the last eight years, she has been
writing them and every time there is a new director and a new
assistant director and you never can put your finger on who it
is. She feels there is a mentality that they are still counting.
She feels they don't understand that is our main street and that
is not all County but someone up there thinks that is County.
Mayor Schmidt stated the striping in between where they didn't
pave, where they were saving it for the road, he thinks they need
to touch up part of that because with all the paving all the
lines are getting darker and darker. He doesn't think it costs
that much to retouch up the lines.
city Manager Hooper stated the company doing that work is also
the low bidder on SR 442 so that may help too because they will
be in the area still.
Councilwoman Lichter stated one of the fellows in the truck that
was in charge of the project right around Election Day when she
had to talk to him about corning in or not corning into the
Landings, he said that they were going to put grass in the bare
spots in the median. City Manager Hooper stated they sodded the
perimeter of it and then put seed in the center.
City Manager Hooper stated during citizen comment time there was
some discussion about when the next Workshop would be. The next
Workshop is tentatively set for Tuesday, January 8th at 6 p.m. A
draft of that ordinance should be ready Thursday or Friday of
this week. He will send it to anybody that had an interest in
it, anybody that has a business interest so by the time it carne
back here they would have all seen the draft.
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Readinq, Ord. No. 2001-0-09, amendinq the official Future
Land Use Map to include 85.39 acres of property located at DBCC,
940 loth Street, as Public/Semi-Public with Conservation Overlay
to reflect annexation
B. 2nd Readinq, Ord. No. 2001-0-10, amendinq the official future
Land Use Map to include 37.98 acres of property located at st.
Gerards Church, 3171 S. Ridgewood Avenue, as Public/Semi-Public
with Conservation Overlay to reflect annexation
C. 2nd Readinq, Ord. No. 2001-0-11, amendinq the official Future
Land Use Map to include 13.72 acres of property located on the
east side of US1 north of Sea pines Memorial Gardens as
Commercial with Conservation Overlay to reflect annexation
D. 2nd Readinq, Ord. No. 2001-0-12, amendinq the official Future
Land use Map to include 19.18 acres of property located at the
Rankin Subdivision between US1 and the Indian River as Low
Density Residential, Commercial with Conservation Overlay to
reflect annexation
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Council Regular Meeting
December 17, 2001
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E. 2nd Readinq, Ord. No. 2001-0-13, amendinq the official Future
Land Use Map to include 8.26 acres of property located on the
north and south side of Palm Breeze Drive between US1 and
Riverside Drive as Low Density Residential, Commercial with
Conservation Overlay to reflect annexation
F. 2nd Readinq, Ord. No. 2001-0-14, amendinq the official Future
Land Use Map to include .76 acres of property located on the west
side of US1 west of 28th street (Storch Property) as Commercial
to reflect annexation
G. 2nd Reading, Ord. No. 2001-0-15, amendinq the official Future
Land Use Map to include 2.56 acres of property located at 2913
and 2915 SR 442 as Low Density Residential with Conservation
Overlay to reflect annexation
H. 2nd Reading, Ord. No. 2001-0-16, amending the official Future
Land Use Map to include 7.85 acres of property located on Hide
Away Lane and SR 442 as Low Density Transition with Conservation
Overlay to reflect annexation
T. 2nd Reading, Ord. No. 2001-0-17, amendinq the official Future
Land use Map to include 89.91 acres of property located on the
north side of SR 442, west of Lybrand Avenue (Citrus Grove) as
Mixed Use with Conservation Overlay to reflect annexation
J. 2nd Readinq, Ord. No. 2001-0-18, amendinq the official Future
Land Use Map to include 45.00 acres of property located at 3315
SR 442 (Water Treatment Plant) as Public/Semi-Public to reflect
annexation
K. 2nd Reading, Ord. No. 2001-0-19, amendinq the official Future
Land Use Map to include 1.55 acres of property located on the
southwest corner of pine Dale Road and SR 442 as Low Density
Residential to reflect annexation
L. 2nd Readinq, Ord. No. 2001-0-20, amending the official Future
Land Use Map to include 22.32 acres of propert~ located on the
west side of S. Airpark Road from SR 442 to 22n Street as Low
Density Transition, Public/Semi-Public with Conservation Overlay
to reflect annexation
M. 2nd Readinq, Ord. No. 2001-0-21, amendinq the official Future
Land Use Map to include 69.96 acres of property located alonq the
south side of SR 442, west of S. Airpark Road, east of Old
Mission Road as Mixed use with Conservation Overlay to reflect
annexation
N. 2nd Readinq, Ord. No. 2001-0-22, amendinq the official Future
Land Use Map to include 10.00 acres of property located on the
northwest corner of Oak Trail, western most end of Oak Trail as
Low Density Transition with Conservation Overlay to reflect
annexation
O. 2nd Readinq, Ord. No. 2001-0-23, amendinq the official Future
Land Use Map to include 102.45 acres of property located south of
SR 442, west of Oak Trail as Low Densitv Transition with
Conservation Overlay to reflect annexation
P. 2nd Readinq, Ord. No. 2001-0-24, amendinq the official Future
Land use Map to include 4.69 acres of property located at 3220 SR
442 as Commercial to reflect annexation
O. 2nd Readinq, Ord. No. 2001-0-25, amendinq the official Future
Land Use Map to include 69.15 acres of property located north of
Eels Grove Road, east of Cow Creek Road as Aqriculture with
Conservation Overlay to reflect annexation
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Council Regular Meeting
December 17, 2001
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R. 2nd Readinq, Ord. No. 2001-0-26, amending the official Future
Land Use Map to include .70 acres of property located at 3336 SR
442 as Commercial to reflect annexation
S. 2nd Readinq, Ord. No. 2001-0-27, amending the official Future
Land Use Map to include 979.00 acres of pro?ertv located at 3450
Old Dawson Road as Mixed Use and Commercial with Conservation
Overlay to reflect annexation
T. 2nd Readinq, Ord. No. 2001-0-28, amendinq the official Future
Land Use Map to include 16.96 acres of property located on the
east side of Carol Ann Drive (Roval Oaks Mobile Home Park) as
Medium Densitv Residential with Conservation Overlay to reflect
annexation
U. 2nd Readinq, Ord. No. 2001-0-29, amendinq the official Future
Land Use Map to include 137.27 acres of property located south of
Park Avenue to north of Raqis Road (Massev property) as
Industrial with Conservation Overlay to reflect annexation
V. 2nd Readinq, Ord. No. 2001-0-30, amendinq the official Future
Land Use Map to include 141.91 acres of property located east of
Airpark Road, south of Park Avenue encompassinq Massev Ranch Road
and Flving M Court as Industrial, Medium Densitv Residential,
Public/Semi-Public and Low Densitv Transition with Conservation
Overlay to reflect annexation
W. 2nd Readinq, Ord. No. 2001-0-31, amending the official Future
Land Use Map to include 10.00 acres of property located west of
Old Mission Road, east of Cow Creek Road as Commercial to reflect
annexation
X. 2nd Readinq, Ord. No. 2001-0-32, amendinq the official Future
Land Use Map to include 13.95 acres of property located east of
Tatum Road, west of 940 10th Street (DBCC) as Low Densitv
Residential with Conservation Overlay to reflect annexation
Y. 2nd Reading, Ord. No. 2001-0-33, amendinq the Capital
Improvements element bv amendinq the data and analysis, maps
tables and bv amendinq certain revenue sources, fundinq,
expenditures, schedulinq, and bv establishinq a Concurrency
Manaqement System, qoals, obiectives and policies and bv
providinq consistency with other elements of the Comprehensive
Plan
Z. 2nd Readinq, Ord. No. 2001-0-34, amendinq the Coastal
Manaqement Element bv amendinq the data and analysis, maps,
tables, qoals, obiectives and policies and bv providinq
consistency with other elements of the Comprehensive Plan
AA. 2nd Readinq, Ord. No. 2001-0-35, amendinq the Conservation
Element bv amendinq the data, inventory, analysis, maps, tables,
qoals, obiectives and policies and bv providinq consistency with
other element of the Comprehensive Plan
BB. 2nd Readinq, Ord. No. 2001-0-36, amendinq the Future Land
Use Element bv amendinq any and all of the Future Land Use maps,
map cateqories, map series: bv amendinq the Future Land use Maps
to include Aqriculture, Low Densitv Transition, Mixed Use and
Conservation Overlay Cateqories and by eliminatinq the Planned
Industrial Development cateqorv: bv amendinq the existinq Land
Use Map, data, inventory, and land use analysis, qoals,
obiectives and policies and bv providinq consistency with other
elements of the Comprehensive Plan
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Council Regular Meeting
December 17, 2001
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CC. 2nd Readinq, Ord. No. 2001-0-37, amendinq the Housinq
Element in its entirety includinq data and inventory, analysis of
housinq requirements, tables, qoals, obiectives and policies and
by providinq consistency with other elements of the Comprehensive
Plan
DO. 2nd Readinq, Ord. No. 2001-0-38, amendinq the
Interqovernmental Coordination Element by amendinq the data,
analysis, qoals, obiectives and policies and by providinq
consistency with other elements of the Comprehensive Plan
EE. 2nd Readinq, Ord. No. 2001-0-39, amendinq the Recreation and
Open Space Element by amendinq the data, inventory, analysis,
maps, tables, qoals, obiectives and policies and by ?roviding
consistency with other elements of the Comprehensive Plan
FF. 2nd Readinq, Ord. No. 2001-0-40, amendinq the Traffic
Circulation Element by amendinq the element title to
Transportation, for consistency with Florida Statutes, amendinq
the data, inventory, analysis, maps, tables, qoals, obiectives
and policies and by providinq consistency with other elements of
the Comprehensive Plan
GG. 2nd Readinq, Ord. No. 2001-0-41, amendinq the Infrastructure
Element - Sanitary Sewer, Solid Waste, Drainaqe, Potable Water,
and Natural Groundwater Aquifer Recharqe Sub-elements by amendinq
the element title to utilities for consistency with Florida
Statutes, amendinq the data, analysis, maps, tables, level-of-
service standards, qoals, obiectives and policies and by
providinq consistency with other elements of the Comprehensive
Plan
city Manager Hooper made a staff presentation regarding Item A -
Item GG to be approved by a single motion. He referred to the
Future Land Use Map. He informed Council the reason they are
allowed to make one motion to approve Item A - Ord. 2001-0-09
through Item GG - Ord. 2001-0-41 is because they are approving
the book, the Comprehensive Plan itself. They are approving the
overall map.
Chief Planner Darren Lear explained the changes made from the
first time Council saw this until today.
Councilwoman Lichter stated on some of our maps, 35th Street
looks like it goes over the railroad tracks straight ahead. In
essence, 35th Street bears right and goes over the railroad
tracks into Volco Road. She feels they have to straighten out
how it really compared to how some maps are. She asked if that
is going to remain an open exit because many people in that area
of Florida Shores would like it to be so.
Tim Howard stated that portion of 35th Street is their property
and they are deeding it to the City.
City Manager Hooper stated they met with the property owner
because it does impact Mr. McCaskill's property so they brought
him in when they had the comments from the County and the State.
Two thirds of his 1,000 acres of property will be put in a land
use designation as mixed use that he can use. The other third is
going to wind up with a conservation land use on it. So he knows
he can't use that without coming back and going through another
amendment. At first he was unhappy about it but he thought about
it and realized that is two thirds of something he has now that
he wouldn't have had if he hadn't gone through the process. He
stated he winds up with much more developable property out of
that. That is the piece out by 1-95 and SR 442 on the south
side.
Page -11-
Council Regular Meeting
December 17, 2001
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City Clerk Wadsworth played a recording of Legal Assistant
Matusick reading Ord. 2001-0-09 through Ord. 2001-0-41 into the
record.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilman Vincenzi moved to accept the Comprehensive Plan and
approve Ord. 2001-0-09 - Ord. 2001-0-41, second by Councilwoman
Rhodes. The motion CARRIED 5-0.
HH. 2nd Readinq, Ord. No. 2001-0-43, amending the Comprehensive
Plan's Future Land use Map by desiqnatinq Low Density
Residential, Conservation. Commercial and Conservation Overlay
land use classifications for 487+ acres of property known as
Edqewater Lakes (First readinq on Auqust 6, 2001, Item 6A)
City Manager Hooper made a staff presentation.
Mayor Schmidt read Ord. 2001-0-43 into the record.
Councilwoman Lichter asked if Mr. Howard has received all his
permits. City Manager Hooper stated that doesn't come until
after he submits on the subdivision, which is still in front of
him. He doesn't have those permits yet but is in the process of
getting them.
Mayor Schmidt asked if he has a certain time he feels everything
will be ready. City Manager Hooper stated he has described
breaking ground in a January time frame. As soon as they are
done with this he is going to want to submit.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilman Brown moved to approve Ord. 2001-0-43, second by
Councilwoman Lichter. The motion CARRIED 5-0.
II. 2nd Reading, Ord. No. 2001-074. amendinG Article IX
(Application Procedures) of the Land Development Code. To be
continued until Februarv 4, 2002
City Manager Hooper withdrew this item due to this containing the
procedures on how you do special exceptions and special activity
permits.
JJ. 2nd ReadinG, Ord. No. 2001-0-77, repealinG and replacinq
Chapter 19.5 (Vehicles for Hire) City of EdGewater - Code of
Ordinances
City Manager Hooper made a staff presentation.
Mayor Schmidt read Ord. 2001-0-77 into the record.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2001-0-77, second by
Councilwoman Rhodes. The motion CARRIED 5-0.
KK. 2nd ReadinG, Ord. No. 2001-0-102. redistrictinq the city of
Edqewater for the purpose of electinq city Council members
City Manager Hooper made a staff presentation.
Mayor Schmidt read Ord. 2001-0-102 into the record.
Page -12-
Council Regular Meeting
December 17, 2001
,.,.
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Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Rhodes moved to approve Ord. 2001-0-102, second by
Councilman Vincenzi. The motion CARRIED 5-0.
CONSENT AGENDA
A. Law Enforcement Trust Funds - staff requestinq approval to
donate #1.000 from the Trust Funds to the Volusia County
Sheriff's Office to offset the cost of purchase an Explosive
Ordinance Disposal Robot
B. Law Enforcement Trust Funds - staff requestinq approval to
use $2,000 from the Trust Funds to purchase five (5) bulletproof
body armor vests
Councilman Brown moved to approve the Consent Agenda, second by
Councilwoman Rhodes. The motion CARRIED 5-0.
Councilman Vincenzi asked if all the Police Officers have
bulletproof vests. Police Chief Ignasiak informed him yes.
These vests will go to new officers they are in the process of
hiring. Each vest has to be custom fit to the officer which
requires them to buy a new one each time.
OTHER BUSINESS
A. paintinq Services - staff requestinq approval to authorize
Notice of Intent to Award to C & D Construction, Inc. for the
paintinq of the Water Treatment Plant Claricones, Aerators, and
Catwalks at a bid proposal of $36,750 and authorize the City
Manaqer to execute the contract documents and other related
documentation
city Manager Hooper made a staff presentation.
Mayor Schmidt asked how long this lasts. city Manager Hooper
stated it lasts a five to seven year period. Some of the stuff
is corrosive and eats away quicker than a normal thick paint.
It's a specialty kind of paint that you put on so the hydrogen
sulfide and other active or aggressive agents doesn't eat it up
as quick.
Mayor Schmidt asked where the paint goes when it peels off. City
Manager Hooper stated most of it flakes off. This is mostly on
the outside and the surrounding areas to it.
Councilwoman Rhodes asked if Mr. Wadsworth can do this. City
Manager Hooper informed her no.
Mayor Schmidt asked what fund this comes out of. City Manager
Hoper informed him Enterprise Funds and was already in the
budget.
Councilwoman Rhodes stated if they pay for the paint, there is a
special application. City Manager Hooper stated special method
and special depth.
Councilwoman Lichter moved for approval, second by Councilman
Vincenzi. The motion CARRIED 5-0.
B. Consolidated Dispatch and Records Management - staff
recommendinq approval of Interlocal Aqreement between Edqewater,
New Smyrna Beach and Port Oranqe for the purpose of servicinq law
enforcement, fire, rescue and emerqency communications and
authorize Mayor and city Manaqer to execute the Interlocal
Aqreement and Res. No. 2001-R-25, authorizinq execution of the
Interlocal Aqreement
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council Regular Meeting
December 17, 2001
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City Manager Hooper made a staff presentation.
Councilwoman Lichter feels the good points have not as of yet
been conveyed. We haven't probably given information fa~t enough
to our dispatchers and probably haven't pointed out the pluses.
Maybe they haven't laid that type of ground work if they have
such concerns.
City Manager Hooper stated he believes they tried, they did and
they had them together. Like anything change is difficult and he
thinks there are a lot of rumors there. Debby has met with them
and their supervisor has been described the whole issue. Chief
Ignasiak has talked to his employees. They started to give them
the Interlocal Agreement beforehand but he thinks as a group they
decided that may raise more fears and suspicion and just give
them an approved version once it is there and talk through it.
Debby has made an appointment to meet them tomorrow and go over
step by step and describe the transition, their hourly rates will
be the same as they are making now. There really shouldn't be an
issue but anytime there is a change there is some of that that
goes with it.
Police Chief Ignasiak stated he has sat down and talked with
virtually every communication personnel over there explaining the
benefits this system will bring to them and he worked with a
system such as this in Hollywood. He commented on some of the
benefits within this move. He feels the issue is change and
change scares people. He feels this is a very good move for the
city of Edgewater.
Councilman Brown asked about customers still being able to speak
with customers. Police Chief Ignasiak stated they will still
have that here. They will have to have someone at the front that
will be able to handle walk ins, calls and information. They are
in the process of preparing for that. That may be one of the
individuals here that may decide to stay here. He doesn't know
yet. That as of yet is unresolved.
Councilwoman Lichter spoke about the Youth Services person may
work as people advocate and that would be something that we don't
have now. Police Chief Ignasiak stated we have a records section
that is here during normal working hours. It will be open from 8
a.m. to 5 p.m. possibly 6 p.m. They are looking at the situation
of evening hours and Saturday and Sunday and how they are going
to address this issue. Councilwoman Rhodes told Chief Ignasiak
to think CAPS. Chief Ignasiak informed her that is one of the
options they are looking at.
Councilman Vincenzi asked about the first response capability and
how this affects Oak Hill. City Manager Hooper explained they
are a subcontract of us because we do their dispatch. One of our
next steps is we will have a contract with Oak Hill. Today we are
doing it for free. That needs to end. If Oak Hill is going to
have dispatch they need to pay for their fair share of service to
do dispatch.
Councilwoman Rhodes stated she believed she heard Mayor Cook say
they wanted to pay their fair share.
Councilwoman Rhodes moved for approval of the Interlocal
Agreement, second by Councilman Vincenzi. The motion CARRIED 5-
o.
Mayor Schmidt read Res. 2001-R-25.
Councilman Vincenzi moved to approve Res. 2001-R-25, second by
Councilman Brown.
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Council Regular Meeting
December 17, 2001
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Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
The motion CARRIED 5-0.
C. Honeycutt and Associates Work Order #8 - staff reauestina
approval for Enaineerinq Services related to the Airpark
Realianment proiect ($52,725) and authorize the Mayor or city
Manaqer to execute the Work Order
city Manager Hooper made a staff presentation.
Mayor Schmidt stated this opens up industrial lands on both sides
of the road as opposed to if it stayed straight right now. City
Manager Hooper has met with the county Engineer and County Public
Works Director and got their consent and approval. These plans
and specifications will be designed to the County standards so
they can approve it and go as partners with that which has been
working extremely well.
Mayor Schmidt asked if there is any update on when they would
plan on doing Park Avenue. City Manager Hooper stated Park
Avenue is in the fourth year of their five year road plans, moved
up a year and they plan to buy right-of-way and start the design
in the third year and they are looking at a fourth year. He
feels the worse case is four years out.
Councilwoman Lichter stated it is supposed to be a cooperative
venture from three entities, the City, Mr. Massey and the County.
She asked to hear again what Mr. Massey's contribution is. City
Manager Hooper stated the County is paving and Mr. Massey is
giving property for the road itself and giving all the property
for the widening of Park Avenue.
Councilwoman Lichter asked about Mr. Massey owning land on the
other side that he is giving. City manager Hooper stated all the
way out to Old Mission he is going to give enough right-of-way
and there is sixty feet now and it he is going to make it a
hundred foot right-of-way. Councilwoman Lichter mentioned the
engineering firm writing him the letter. City Manager Hooper
explained Mr. Massey has done all the preliminary work to date.
It has benefitted him to select where that alignment is going to
be so he has worked with the engineer to pick the alignment and
avoid certain wetlands and create as much uplands as possible.
Councilwoman Lichter asked if he has contributed some money.
city Manager Hooper stated yes. That is part of why they are
sending the letter to him. Up until this point, everything that
has been done has been done under a Massey contract, not under a
city contract.
Councilwoman Lichter questioned having that large sum of money.
city Manager Hooper stated we have it as close as we can. It
goes into the session and we are right up top of the list. We
don't know it until the end of the session but they have told us
we are ranked at the top. Every indication is that they are
going to approve it. The state even having budget shortfalls is
looking to put money in infrastructure, particularly roads.
Councilwoman Lichter stated they pay for the engineering and we
have it done and then by some chance we don't get it then what?
City Manager Hooper stated worse case is they look to Massey.
Councilwoman Rhodes stated what if he says no. city Manager
Hooper stated he can't say no. He is in a position where this
road means he is going to open up future property. The County
would go in and pay him to purchase that forty feet of property.
What he is doing is giving that to the City and the city is
putting that up as if we paid cash to the County is giving us
credits for that. When the new home owner comes in and pays a
road impact fee we give him a credit and we keep the money to get
our money back. Page -15-
Council Regular Meeting
December 17, 2001
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Councilwoman Lichter asked how the new homeowner got in there.
city Manager Hooper stated because the County collects impact
fees for road and transportation. Giving the right of way
becomes a credit so instead of Massey getting the credit, the
City gets the credit.
Mayor Schmidt stated that gives them another thing when they go
to Tallahassee in January.
Councilman Brown asked from the County taking over the managing
of CRA's, how is that going to affect us. city Manager Hooper
stated it really won't. He will cover that in the next update
from the officer.
councilwoman Lichter asked if there is a chance of waiting on the
engineer until we are sure we got the money for the road. city
Manager Hooper stated they could but they would be delaying it
another six months or so by doing that. That is a fairly small
amount of cash to do it. He thinks they are going to get
reimbursed. In terms of economic development, it makes sense to
do it.
Councilman Brown moved for approval, second by Councilman
Vincenzi. The motion CARRIED 5-0.
OFFICER REPORTS
City Clerk Wadsworth wished everyone a Happy Holiday.
city Manager Hooper informed the Council of upcoming agenda
items.
There was a discussion regarding community Redevelopment
Agencies.
CITIZEN COMMENTS/CORRESPONDENCE
There were no citizen comments at this time.
ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 9:12 p.m.
Minutes submitted by:
Lisa Bloomer
Page -16-
Council Regular Meeting
December 17, 2001