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12-03-2001 - Regular '-' ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 3, 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 Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to Flag. City Clerk Wadsworth swore in Councilwoman Rhodes. APPROVAL OF MINUTES There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS A. The ~Eaqles' Lodqe presenting JoAnne Winston as Officer of the Quarter and Sue Griffiths as Employee of the Quarter Police Chief Ignasiak introduced Herb Norman, the President of the Eagles Air 4242, Edgewater Chapter. He informed Council both of these individuals have gone beyond what was expected of them and taking the extra step for the department and giving more. He further spoke about Sue Griffiths, Employee of the Quarter and JoAnne Winston, Officer of the Quarter. Mr. Norman presented Sue Griffiths and JoAnne Winston with a plaque. Mr. Norman spoke about Chief Ignasiak corning to one of their meetings when he carne to Edgewater and introducing himself and his asking what they are doing in the community-for children. Mr. Norman stated the Eagles have several million dollars in a fund for any Police Officer or Fire Department Officer that if any of them are killed in the line of duty, their children will be sent to a college of their choice. He feels for $26 to join the Eagles and $15 a year, that is a very cheap insurance policy. CITIZEN COMMENTS Torn Ryan, New Smyrna Beach, asked if they had regarding the POW/MIA bridge naming project. informed him they have that and that it would agenda. his resolution councilwoman Rhodes corne later in the Mayor Schmidt asked to move Item BB up on the agenda with regard to Res. 2001-R-24. BB. Res. 2001-R-24, Requestinq the State of Florida to dedicate the Rose Bay Bridqes in Volusia County, Florida, in honor of United States Military Personnel who are prisoners of war or missinq in action '-" ..."", councilman Brown moved to approve Res. 2001-R-24, second by Councilman Vincenzi. Legal Assistant Matusick read Res. 2001-R-24 into the record. The motion CARRIED 5-0. Mr. Ryan thanked the Council for approving this resolution and their support of this project. Councilman Brown asked if it would be possible to make this a MIA/POW Day somewhere along the line commemorating this letter. Mayor Schmidt stated there is a possibility. He suggested when it gets to the point where they are dedicating the bridge and they could tie it in with that. Councilman Brown agreed. CITY COUNCIL REPORTS Councilwoman Lichter spoke about the Senior Safety Program that was put on by the Southeast Volusia Senior Advisory Board, which she is a member of, on November 27th in New Smyrna Beach at the Presbyterian Church. The NSB Police Dept. underwrote it but they sent Police Officer Tim Ball along and he was part of the presentation. There were about 40 seniors there. There were only 3 to 5 Edgewater people there. We are going to try a program in the Spring in Edgewater. They are hoping they can locate a place that can break into classrooms on u.S. #1, maybe a church. Councilwoman Lichter stated let's not take literally every editorial we read in terms of the water shortage. By the year 2020, there is a water problem in Volusia County. It doesn't matter if it rains or doesn't rain and she feels that is very important to understand. Growth and development mean sidewalks and streets and pervious ground that gets covered. She feels it behooves the Council to understand the Water Supply Plan being worked on by the Volusian Water Alliance. She feels the plan is good but how they are going to work out the money and how the cities are going to put in an appropriate amount is going to take a lot of thought. Councilwoman Lichter spoke about the Anti-Litter Committee which is going to be reactivated. She is no longer going to be Acting Chairman. George Ann Keller has volunteered to take over as Chairman. Liz McBride will still be on board to help with paperwork. They will be contacting the people that have adopted a street to remind the people that have not been following through. New Smyrna has called her and they want to go in on a common day for Clean Scene Day. If anyone wants to volunteer to reactivate the Committee, they can contact either George Ann Keller or herself. Councilwoman Lichter stated she received two complaints regarding the clothing Bin on Roberts Road near Indian River Elementary. There is clothing thrown allover the ground as well as furniture and other items. A gentleman pulled up in an oil truck and informed her who was in charge of the clothing bin which happened to be the County. She was informed by the County they no longer know who is responsible for that clothing. They tried to call the organization and could not get them. She said by Christmas the mess would no longer be there and today they were supposed to come and pick the stuff up. Councilwoman Rhodes thanked the Council and City of Edgewater, especially City Manager Hooper and City Clerk Wadsworth for their prayers and good wishes. She is so happy to be home. Page -2- Council Regular Meeting December 3, 2001 ~ ...." Councilman Vincenzi feels the Anti-Litter Committee is a great idea and they do as good a job as they can but he doesn't feel it is enough. He feels this is something the City has to help out with and possibly take the lead in, especially on some of the busier streets. Councilman Vincenzi stated he received an e-mail from a citizen about DBCC and the signs out there about New Smyrna Beach putting a Welcome to New Smyrna Beach sign right in front of DBCC, which it is New Smyrna and they have a right to do that. He feels it is high time that someone contact DBCC and talk to them and let them know they should be letting people know it is DBCC in Edgewater, which is on Edgewater property and is in the City limits of Edgewater. Councilman Vincenzi spoke about the Votran service in the area. He spoke about buses near Canal Street in New Smyrna Beach. It made him start to think that maybe Votran is ignoring Edgewater to a greater degree than they should be. He feels they should be contacted. He contacted City Manager Hooper and asked him to get in touch with the people from Votran as far as re-evaluating the situation down there. City Manager Hooper stated they have talked to them and what they are going to be doing is sending a letter requesting that they review the routes, the number of pickups and re-evaluate the routes they have in Southeast Volusia and will be sending that out this week. He agreed to keep the Council posted. Councilwoman Rhodes asked if they have the demographics on the routes and if they can tell the reason Edgewater has less service is because less people require the service in Edgewater. City Manager Hooper stated it is really ridership and they asked that the latest Census be sent to them. The City agreed to update what we have now got as well as the other cities in Southeast Volusia. They use that whenever they are reviewing how they do the layout of their routes. They review those numbers annually. Councilman Vincenzi feels we need to be more aggressive on that. City Manager Hooper mentioned having another stop at the YMCA and he thinks that is under way. Councilman Vincenzi feels the City has other needs and services too. Councilwoman Lichter spoke about one of the people from Votran serving on the Senior Group and it having to do with usage. councilman Vincenzi stated but right now it's not here for people to ride it so they have to supply the service before people will know it is there and it is available. Councilman Brown spoke about people sitting in front of his store for an hour for a bus to come by. He informs the people there is no schedule that he knows of and feels something needs to be done on this. Councilwoman Lichter stated there is a schedule. Councilwoman Rhodes stated she thinks it is every hour. Councilman Brown stated he has received quite a few complaints regarding water. He feels people should be aware that we do have a stormwater program started that is being finished now. City Manager Hooper explained they are about a month away from being finished. Councilman Brown stated that will help resolve some of the flooding problems we have over here. Councilman Brown stated he had two separate incidents where people came in to his store and told him that the Police Dept has stopped them and they were very courteous and very polite. He applauded the Police for doing an excellent job. Page -3- Council Regular Meeting December 3, 2001 ~ ....., Councilman Brown stated he keeps receiving comments on the name they chose for the FIND project. The people he has spoken to feel Parktowne doesn't say anything about Edgewater. He feels the name should be reflective of our business and our City. He hopes they might re-address the naming of the park. He hasn't had anybody that has liked it. Councilwoman Lichter stated she hasn't heard any comments either way. Councilman Brown stated he talks with a lot of business people and they don't feel it reflects on our city. Mayor Schmidt suggested in the end the bottom line of the sign could say of Edgewater. Councilman vincenzi feels it was addressed once and they should probably leave it alone unless someone else wants to address it. Councilwoman Lichter stated she wants to think about it. Mayor Schmidt stated he got pulled over the other night. He was on his way home judging the boat parade and the officer pulled him over. The officer informed him he had a headlight out. He didn't know it was out so he pulled into the local auto parts store and grabbed a headlight and popped it in. It was nice to hear Councilman Brown say that before he did to know that other people are thinking that way. Mayor Schmidt reminded everyone that the parade was this weekend. He felt New Smyrna's parade went well. The boat parade was nice. Our parade this weekend starts at 10 a.m. Mayor Schmidt thanked Parks & Recreation Director Jack Corder for getting some of the banners up. He feels they are a nice touch. Mayor Schmidt informed Council this past week he was voted Chairman of the Volusia Council of Governments. Mayor Schmidt spoke about the traffic light at Riverside Drive and Falcon Avenue on U.S. #1. He saw them working on it today so hopefully those headaches with that will be done. Mayor Schmidt suggested moving Item 8B up on the agenda so people don't have to hang around with all of the complicated stuff on the agenda. B. Reauest for Fundina - Ron Prekup to address Council for the purpose of reauestinq $500 to be used for the 13th Annual Top Gun Spotted Sea Trout Fishing Tournament City Manager Hooper made a staff presentation. Ron Prekup made a presentation regarding the funds they are requesting for their 13th Annual Top Gun Spotted Sea Trout Fishing Tournament. Mr. Prekup introduced Tracy Mahalco, who is the Treasurer of the Club. Mr. Prekup spoke about Police Chief Ignasiak donating $100 towards the fishing tournament for the children. Mr. Prekup informed Council they changed the captain's party to Friday night and the tournament to Saturday so people will stay over Saturday night and spend more time here. He asked Council to give their donation request some consideration. Councilwoman Lichter asked if people pay to be part of the tournament. Mr. Prekup stated there is a $45 entry fee. Page -4- Council Regular Meeting December 3, 2001 ....... ..." Councilman Brown feels they may be able to come up with a lesser amount. City Manager Hooper stated when they went through the budget deliberations they money requested had exceeded the amount available. They also set aside $1,800 for the September 11th day event so that money was set aside. If Council chose to take some or move some, they could do that. At this point that is the money they have done. The other entities have all been noticed and many have come in and picked up their money. The Council has $1,800 in that fund set aside for the United We Stand program. Mayor Schmidt suggested letting the Economic Development Board sponsor this out of their budget. City Manager Hooper stated that is Council's call. They could reduce their budget. Councilwoman Rhodes suggested they ask them if they want to do that. City Manager Hooper briefly spoke about what is included in the Economic Development Board budget. Councilwoman Lichter stated they picked the requests for donations that seem to be more charity oriented. However, we have given for the last few years to the fish club and they didn't really let them know that they weren't going to. Giving the money actually to feed people that are coming to fish and be part of a tournament slightly bothers her but giving it to the kids tournament doesn't. She needs the judgement of Economic Development to tell her if it is a legitimate thing for the city. She needs their input in making a decision next time. She needs to verify in her own mind if she wants to feed people if they have the husband, wife and three kids. That doesn't set too good with her. There are elements to this that the club does that is very helpful to our community and maybe that is where they need to put $125 or $250. Mayor Schmidt said in the past the money has been stated whether it was for awards or different things like that so it doesn't necessarily have to be going towards the meal. It could be part of the prize fund. Mr. Prekup said last year they used the money as an award. Being honest with you and being a member in this City and active here he is looking at more publicity that is going to help Edgewater. He stated there was a lot of expenses such as portajohns and the tent. You can't look at just the money they take in because it almost all goes out. Councilwoman Rhodes stated this is no reflection on the fishing tournament but there are a lot of businesses in this town that do things for the benefit of Edgewater and themselves and they don't contribute to them. This is taxpayer money. She is having a hard time giving taxpayer money to a fishing tournament when she isn't giving it to her church for instance that does Christmas Under the Palms and benefits Edgewater economically. She is having a hard time taking away from those that are, in her opinion, in dire straights for a fishing tournament. All respect to Mr. Prekup, she is really not trying to belittle the fishing tournament. She feels if the Council personally wants to contribute to the fishing tournament, that is a wonderful thing and she would be happy to that herself but as far as doing it with taxpayer money she can't condone it. Councilman Vincenzi agreed with Councilwoman Rhodes. He spoke about wrestling with this problem a couple of months ago because they didn't want to cut anybody out. There were a number of things they had to cut back such as the Meals on Wheels donation and the Employee Appreciation Dinner. Councilwoman Lichter stated she would make a donation to the youth fishing tournament. She feels they should turn it over to the Economic Development Board to see what they think, not necessarily take it out of their budget but to see what they think about the economic value to the city. Page -5- Council Regular Meeting December 3, 2001 'w" ....." It was the consensus of Council to let this go before the Economic Development Board to see what they want to do. Councilwoman Lichter stated maybe Mr. Prekup wants to go to them. Councilwoman Rhodes feels that would be his best bet at this point. Councilwoman Brown stated they had such a tremendous amount of people coming to us this year that we never had before and they have had to be very careful about what they are doing. He agreed to make a collection himself to help out. Mayor Schmidt stated the Economic Development Board meets Wednesday at 8:00 a.m. Councilwoman Lichter stated New Smyrna told her and maybe she got the wrong information but that they do not give to things and they have to make a judgement because it is taxpayers money. She feels they are going to have to have some criteria so they don't have to agonize over every $150 next year. City Manager Hooper explained the criteria they already have. What Council is seeing is an appeal of their original written request that was denied. City Manager Hooper asked for clarification if he is asking the Economic Development Board to take it out of their budget, does Council want to know their opinion. Councilwoman Rhodes stated if they want to give them $500, it needs to come from their budget this year. Councilman Vincenzi feels City Manager Hooper should offer them the option of doing that. Mr. Mihalco spoke about their club cleaning up the river every year without the City's assistance. Councilwoman Rhodes asked if they need the City's assistance to help them clean up the river. Mr. Mihalco stated that is what they put the tournaments on for. Councilwoman Rhodes stated they are asking for $500 to feed people. Do you need $500 to clean up the river? Mr. Prekup stated all their funds go towards a lot of functions over the year. Mr. Mihalco stated last year they gave out $10,000 to a couple of people that were almost critically injured and stuff. They raised a lot of money for them throughout the years. Councilwoman Rhodes stated she understands what Mr. Mihalco is saying but that is not what they are asking the Council. Mr. Prekup stated the Council could change the funding to a prize if they want to. Mr. Mihalco stated they want the City of Edgewater to help promote these tournaments so they can get the money to do these things. Councilwoman Rhodes stated the taxpayers would be more inclined to spend $500 to clean up the river than spending $500 to feed people that attend a fishing tournament. Mr. Mihalco stated it doesn't make any difference where you are getting the money it is all going to the same thing. Mr. Prekup stated all the club members are taxpayers too. They all live in the City. Councilwoman Lichter stated many organizations join in on a river cleanup. They are going to have to come at this at a different angle but she feels they need to turn this to the Economic Development angle and see if that is where they thing is really worthwhile. They didn't show up when they needed the argument the night they were making the decision. It is very hard to go back on that now. She is part of a group that cleans up that river and they don't ask for money to do it. They do it because they want a clean river. Mayor Schmidt asked if Mr. Prekup and Mr. Mihalco are able to be at the Economic Development Board meeting on Wednesday. Mr. Prekup stated they will be here. Mayor Schmidt moved on to Item 6A. Page -6- Council Regular Meeting December 3, 2001 W" ...., PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Readinq, Ord. No. 2001-0-75, Amendinq Articles X (Code Compliance), XI (Concurrency Manaqement System) and XII (Telecommunication Towers) of the Land Development Code. (Continued from November 12, 2001, Item 6C) City Manager Hooper made a staff presentation. He recommended they delete Article VII-8 which gives Florida Power & Light the ability to add an antenna on the power poles. They were using some of the lines and the poles for radio communication which is over and they are no longer in that business so they can delete section 21-144.02. Legal Assistant Matusick read Ord. 2001-0-75 into the record. Mayor Schmidt opened the public hearing. Doris Hill, 112 Lincoln Road, stated City Manager Hooper mentioned something about the noise ordinance. City Manager Hooper stated he said this has no impact. Ms. Hill stated there was something in the investigation that she was doing on it that had something to do with Article X. Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to approve Ord. 2001-0-75 as corrected, second by Councilwoman Rhodes. The motion CARRIED 5- o. City Manager Hooper stated that takes them through Article XII. They have a very heavy agenda and a major agenda through January so they are going to pick up with Article XIII in February if that is okay. The two major areas left are Subdivision Permits and site Plan Permits and the modification to the Building Code. Councilwoman Lichter asked if all the separate Articles are going to be put into one large container. city Manager Hooper stated they are codifying it as it goes. If a new developer comes in he is getting the new sections. At the end when Council finalizes the last Article, they will adopt one ordinance that does the whole thing and makes it one book. Mayor Schmidt stated they have two subdivisions on the table, one big and one little. He asked if waiting until February will affect these. City Manager Hooper stated no. He explained most of what the Council will be changing in the Subdivisions Rules and Regulations, these folks, because they made application under the old rules, would have been vested and attached to those rules so even if they change the rules, they would be vested because they made application under a different set of rules and parameters so it really won't have an impact. B. 1st Readinq, Ord. No. 2001-0-77, Repealinq Chapter 19.5 (Vehicles for Hire) in its entirety and adoptinq a new Chapter 19.5 (Vehicles for Hire) City Manager Hooper made a staff presentation. He spoke about a change that will occur between the first and second reading with regard to a sticker that is placed in the taxi that would have the driver's commercial drivers license number and address. The address should be a work address not the address of the individual at home. Legal Assistant Matusick read Ord. 2001-0-77 into the record. Page -7- Council Regular Meeting December 3, 2001 ~ ~ City Manager Hooper informed Council the one company they allowed to open have agreed to adhere to whatever these are retroactively. Any changes or modifications that are required they are going to do. Mayor Schmidt stated he met the people with First Class Taxi and they seemed like real nice people. He thanked staff for getting on this and not letting a business fall through the cracks. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Vincenzi moved to approve Ord. 2001-0-77, second by Councilman Brown. The motion CARRIED 5-0. C. 1st Readinq, Ord. No. 2001-0-78, Amendinq the Official Future Land Use Map from County Urban Low Intensity and Environmental Systems Corridor to city Commercial for property located on the south side of SR 442 and east of 1-95 City Manager Hooper informed Council they would be doing the Small Scale Comprehensive Scale Amendments that do not have to go to the Department of Community Affairs. City Manager Hooper stated Legal Assistant Matusick has pre- recorded reading into the record the ordinances for the rezoning and the land use amendment. After she reads these, they can hold a public hearing on anyone that they want to talk about. There are actually twelve parcels that are on the agenda tonight to have the land use identified and the zoning that would coincide with that land use. City Manager Hooper informed Council the Large Scale Comprehensive Plan Amendments will be on the agenda for the next Council meeting. City Clerk Wadsworth played the recording of Legal Assistant Matusick reading Ord. 2001-0-78 through Ord. 2001-0-101. City Manager Hooper said the Planning and Zoning Board and staff recommend approval. He suggested Mayor Schmidt open the public hearing for any of these twelve parcels for the land use or the zoning and they will vote individually on those. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter asked if County Urban is Low Intensity? Is that less intense than City Commercial? City Manager Hooper stated yes it is. City Manager Hooper informed Council notice has gone to the owners of surrounding properties and the County has been notified. Councilwoman Rhodes moved to approve Ord. 2001-0-78, second by Councilwoman Lichter. The motion CARRIED 5-0. D. 1st Readinq, Ord. No. 2001-0-79, Amendinq the Official Zoninq Map from County RC (Resource Corridor) to city B-3 (Hiqhway Commercial) for property located on the south side of SR 442 and east of 1-95 Councilman Vincenzi moved to approve Ord. 2001-0-79, second by Councilman Brown. The motion CARRIED 5-0. E. 1st Readinq, Ord. NO. 2001-0-80, Amendinq the Official Future Land Use Map from County Rural to Low Density Transition for property located at Lots 17 and 19 Massey Ranch Airpark, unit 1, also known as 1020 and 1024 Flyinq M Court Page -8- Council Regular Meeting December 3, 2001 '-" ...", councilman Brown moved to approve Ord. 2001-0-80, second by Councilwoman Rhodes. Councilwoman Lichter stated if that is County Rural right now, are there any homes that have horses for example. City Manager Hooper stated this is an area that has had some prior annexation and is around the Massey Flying M Court. These are little parks that weren't included at the time that are now coming in. Nobody lives on this property but if they were housing horses they could still have horses until they actually come in and do something with it. The motion CARRIED 5-0. F. 1st Readinq. Ord. No. 2001-0-81. Amendinq the Official Zoning Map from County A-3 (Transitional Aqriculture) to city RT (Rural Transitional) for property located at Lots 17 and 18 Massey Ranch Airpark. Unit 1. also known as 1020 and 1024 Flyinq M Court Councilwoman Lichter moved to approve Ord. 2001-0-81, second by Councilman Brown. The motion CARRIED 5-0. G. 1st Readinq. Ord. No. 2001-0-82. Amendinq the Official Future Land Use Map from County Commercial to Commercial for property located west of US 1 and 360+ feet south of Silver circle Councilwoman Rhodes moved to approve Ord. 2001-0-82, second by Councilman Vincenzi. The motion CARRIED 5-0. H. 1st Readinq. Ord. No. 2001-0-83. Amendinq the Official Zoninq Map from County B-4 (General Commercial) to City B-3 (Highway Commercial) for property located west of US 1 and 360+ feet south of Silver circle Councilman Vincenzi moved to approve Ord. 2001-0-83, second by Councilwoman Rhodes. The motion CARRIED 5-0. I. 1st Readinq. Ord. No. 2001-0-84. Amendinq the Official Future Land Use Map from County Urban Low Intensity to city Low Density Residential for property located between US 1 and the Indian River on Swordfish Lane Councilman Brown moved to approve Ord. 2001-0-84, second by Councilman Vincenzi. The motion CARRIED 5-0. J. 1st Readinq. Ord. No. 2001-0-85. Amendinq the Official Zoninq Map from County R-3 (Urban Sinqle FamilY Residential) to City R-2 (Sinqle Family Residential) for property located between US 1 and the Indian River on Swordfish Lane Councilwoman Lichter moved to approve Ord. 2001-0-85, second by Councilwoman Rhodes. The motion CARRIED 5-0. K. 1st Reading. Ord. No. 2001-0-86. Amendinq the Official Future Land Use Map from County Commercial and Urban Low Intensity to city Commercial for property located at 2576 South Ridqewood Avenue Councilwoman Rhodes moved to approve Ord. 2001-0-86, second by Councilman Brown. The motion CARRIED 5-0. L. 1st Readinq, Ord. No. 2001-0-87. Amendinq the Official Zoning Map from County B-4 (General Commercial) and MH-5 (Urban Mobile Home) to City B-3 (Highway Commercial) for property located at 2576 South Ridqewood Avenue Councilman Vincenzi moved to approve Ord. 2001-0-87, second by Councilman Brown. The motion CARRIED 5-0. Page -9- Council Regular Meeting December 3, 2001 "-' ..., M. 1st Readinq, Ord. No. 2001-0-88, Amendinq the Official Future Land Use Map from County Urban Low Intensity to city Low Density Residential for property located at 2751 Alamanda Drive Councilman Brown moved to approve Ord. 2001-0-88, second by Councilman Vincenzi. The motion CARRIED 5-0. N. 1st Readinq, Ord. No. 2001-0-89, Amendinq the Official Zoninq Map from County R-3 (Urban Sinqle FamilY Residential) to City R-1 (Sinqle FamilY Residential) for property located at 2751 Alamanda Drive Councilwoman Lichter moved to approve Ord. 2001-0-89, second by Councilwoman Rhodes. The motion CARRIED 5-0. O. 1st Readinq, Ord. No. 2001-0-90, Amendinq the Official Future Land Use Map from County Urban Low Intensity to City Low Density Residential for property located at 2753 Alamanda Drive Councilwoman Rhodes moved to approve Ord. 2001-0-90, second by Councilman Brown. The motion CARRIED 5-0. P. 1st Readinq, Ord. No. 2001-0-91, Amendinq the Official Zoninq Map from County R-3 (Urban Sinqle FamilY Residential) to City R-1 (Sinqle Family Residential) for property located at 2753 Alamanda Drive Councilman Vincenzi moved to approve Ord. 2001-0-91, second by Councilman Brown. The motion CARRIED 5-0. Q. 1st Readinq, Ord. No. 2001-0-92, Amendinq the Official Future Land Use Map from County Urban Low Intensity to city Low Density Residential for property located at 2759 Alamanda Drive Councilman Brown moved to approve Ord. 2001-0-92, second by Councilwoman Lichter. The motion CARRIED 5-0. R. 1st Readinq, Ord. No. 2001-0-93, Amendinq the Official Zoninq Ma? from County R-3 (Urban Sinqle Family Residential) to citv R-l (Sinqle Family Residential) for property located at 2759 Alamanda Drive Councilwoman Lichter moved to approve Ord. 2001-0-93, second by Councilwoman Rhodes. The motion CARRIED 5-0. S. 1st Readinq, Ord. No. 2001-0-94, Amendinq the Official Future Land Use Map from County Urban Low Intensity to city Low Density Residential for property located at 2750 US 1 Councilwoman Rhodes moved to approve Ord. 2001-0-94, second by Councilwoman Lichter. The motion CARRIED 5-0. T. 1st Readinq, Ord. No. 2001-0-95, Amendinq the Official Zoninq Map from County R-3 (Urban Sinqle FamilY Residential) to city R-1 (Sinqle Family Residential) for property located at 2750 US 1 Councilman Vincenzi moved to approve Ord. 2001-0-95, second by Councilman Brown. The motion CARRIED 5-0. U. 1st Readinq, Ord. No. 2001-0-96, Amendinq the Official Future Land Use Map from County Urban Low Intensity and Commercial to city Commercial for property located south of 28th Street and west of US 1 Councilman Brown moved to approve Ord. 2001-0-96, second by Councilman Vincenzi. The motion CARRIED 5-0. Page -10- Council Regular Meeting December 3, 2001 .. ...", V. 1st Reading, Ord. No. 2001-0-97, Amendinq the Official Zoning Map from County B-4 (General Commercial) and R-3 (Urban Sinqle FamilY Residential) to City B-3 (Hiqhway Commercial) for property located south of 28th street and west of us 1 Councilwoman Rhodes moved to approve Ord. 2001-0-98, second by Councilman Vincenzi. The motion CARRIED 5-0. W. 1st Readinq, Ord. No. 2001-0-98, Amendinq the Official Future Land Use Map from County Urban Low Intensity and Commercial to city Public/semi-Public for property located at 3232 South Ridqewood Avenue Councilwoman Lichter moved to approve Ord. 2001-0-98, second by Councilwoman Rhodes. The motion CARRIED 5-0. x. 1st Readinq, Ord. No. 2001-0-99, Amendinq the Official Zoning Map from County B-4 (General Commercial) and B-3 (Urban Sinqle FamilY Residential) to City B-3 (Hiqhway Commercial) for property located at 3232 South Ridqewood Avenue Councilman Vincenzi moved to approve Ord. 2001-0-99, second by Councilwoman Rhodes. The motion CARRIED 5-0. Y. 1st Readinq, Ord. No. 2001-0-100, Amending the Official Future Land Use Map from County Urban Low Intensity and Commercial to city Commercial for property located south of 28th Street and west of US 1 Councilman Brown moved to approve Ord. 2001-0-100, second by Councilman Vincenzi. The motion CARRIED 5-0. Z. 1st Readinq, Ord. No. 2001-0-101, Amendinq the Official Zoninq Map from County B-4 (General Commercial) and R-3 (Urban Sinqle FamilY Residential) to city B-3 (Hiqhway Commercial) for property located south of 28th Street and west of US 1 Councilwoman Rhodes moved to approve Ord. 2001-0-101, second by Councilwoman Lichter. The motion CARRIED 5-0. City Manager Hooper informed Council their second reading on these ordinance would be on January 7, 2002. Mayor Schmidt asked if they could turn the book in and use the same book so they don't waste paper. Legal Assistant Matusick informed Council to put their name on one of the front pages so they can get the same book back. AA. 1st Readinq, 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. Staff recommends approval. What has happened we have annexed further to the south. District 4 has expanded to the south and to the west slightly. District 3 is compensated to pick up some of that area. As the area out to the west develops, they will probably see some shifts again occurring with District 2 starting to grow. Most of the growth will be in District 2 and District 4. Mayor Schmidt asked if this is done when the Census is done every ten years. City Manager Hooper stated it is done within six months of the census. Legal Assistant Matusick read Ord. 2001-0-102 into the record. Mayor Schmidt opened the public hearing. Page -11- Council Regular Meeting December 3, 2001 ~ ~ Doris Hill, 112 Lincoln Road, asked about Item 6X. She questioned how B-3 could be residential. City Manager Hooper explained it is from County B-4 and County R-3 to City B-3 at the intersection of U.S. #1 and 28th Street. Mr. Lear stated that is a typing error. It should be R-3, not B-3. Mike Visconti, 316 pine Breeze Drive, asked about 28th Street being extended to U.S. #1 in the future. He asked if this will harm that. City Manager Hooper stated it will have no impact to that whatsoever. Mayor Schmidt closed the public hearing. Councilman Vincenzi moved to approve Ord. 2001-0-102, second by Councilwoman Lichter. The motion CARRIED 5-0. BB. Res. 2001-R-24, Requestinq the State of Florida to dedicate the Rose Bay Bridqes in Volusia County, Florida, in honor of United states Military Personnel who are prisoners of war or missinq in action This item was discussed earlier on the agenda. CONSENT AGENDA A. Mayor Schmidt's Appointments to Committees and Aqencies: 1) Veterans Park Advisory Committee Mayor Schmidt appointed Councilman Brown to the Veterans Park Advisory Committee. 2) Volusia Council of Governments Mayor Schmidt appointed himself to the Volusia Council of Governments with Councilman vincenzi as the alternate. 3) Volusia County Metropolitan Planninq Orqanization Mayor Schmidt appointed himself to the Volusia County Metropolitan Planning organization with Councilman Vincenzi as alternate. 4) Volusia County Water Alliance Mayor Schmidt appointed Councilwoman Lichter to the Volusia County Water Alliance with Councilwoman Rhodes as alternate. 5) Volusia Growth Manaqement Commission Mayor Schmidt appointed Karen Hall to the Volusia Growth Management Commission. 6) Volusia County MPO citizen Advisory Committee Mayor Schmidt appointed NoraJane Gillespie to the Volusia County MPO citizen Advisory Committee. 7) Volusia 2020 steerinq Committee Mayor Schmidt appointed Joe Daly to the Volusia 2020 steering Committee. B. General Employees Pension Board Appointment - Mayor Schmidt's appointment of Councilperson to serve as their representative Mayor Schmidt appointed Councilwoman Rhodes to the General Employees Pension Board with Councilwoman Lichter as alternate. Page -12- Council Regular Meeting December 3, 2001 '-' ....., C. Construction Requlation Board Appointment - Councilman Brown to consider reappointinq John Gaffney to serve another term, at his request Councilman Brown reappointed John Gaffney to the Construction Regulation Board. D. Firefiqhter's Pension Fund Board Appointment - approval of reappointment of Gary Butt for another term (appointed by the Board) Councilman Brown moved to accept the Consent Agenda, second by Councilwoman Rhodes. The motion CARRIED 5-0. Councilwoman Lichter feels they should also look into the Indian River Task Force because that was an appointment the County asked for but she doesn't know when the term expires. Mayor Schmidt asked City Clerk Wadsworth to look at that. Mayor Schmidt stated he is thinking even if it expires soon if Councilwoman Lichter is willing to keep going with that because she has the experience on it. OTHER BUSINESS A. Election of Vice Mayor (Continued from November 12, 2001, Item 8A) Councilman Vincenzi stated currently he is the Vice Mayor. It has been an honor and privilege to serve with Mayor Schmidt. The position of Vice Mayor is a ceremonial type position. There really isn't much to do extra since they have a Mayor that can attend 99% or 100% of the functions he is supposed to. The only time it becomes an obligation is if the Mayor can't fulfill his duties temporarily. He feels this is an important position. There is a person on the Council that he respects quite a bit and her integrity is head and shoulders above anyone else here. He nominated Councilwoman Rhodes to be Vice Mayor. Councilman Brown does not feel this way of choosing Vice Mayor is in the best interest and could cause conflict amongst the Council. He believes the position of Vice Mayor should be on a rotation basis that way it is fair to everybody and everybody gets the experience. He feels they need to address that the next time they have a Charter Committee. Councilwoman Rhodes and Mayor Schmidt agreed. Councilman Brown seconded the nomination. The motion CARRIED 5- O. B. Request for Fundinq - Ron Prekup to address Council for the purpose of requestinq $500 to be used for the 13th Annual Top Gun Spotted Sea Trout Fishinq Tournament This item was discussed earlier on the agenda. C. Request for Proposal (RFP) - staff requestinq approval to prepare an RFP for a bank loan to fund various construction proiects ($7.680.000) City Manager Hooper made a staff presentation. He went over the List of Projects for Debt Issuance from the Water and Sewer Fund and the General Fund. Mayor Schmidt questioned the price of $44 per sheet for plywood. City manager Hooper asked if this was on the low bid. Mayor Schmidt stated he thought it was the $45,000 estimate. city Manager Hooper agreed to look at this. He thinks this may be the price installed. Page -13- Council Regular Meeting December 3, 2001 ~ ..." City Manager Hooper further spoke about what happens if some of this doesn't go into effect. City Manager Hooper then spoke about there being no tax increase involved but there being user fee adjustments. Councilman Brown asked if the Police Department roof needs to be included. City Manager Hooper stated theirs was done about three years ago so they are fine. Mayor Schmidt opened the public hearing. Bill Hlywa, pine Tree Drive, asked what part of Air Park Road is going to be done. City Manager Hooper explained it is the south portion which is south at Massey's, around where the air strip is closest to the road. Mr. Hylwa asked if it is City property. city Manager Hooper stated no it is not City property. The right-of-way is being dedicated by the owner of the property which is Massey Enterprises. Mr. Hylwa questioned why we have to pay for it when the property owners can when a home is built. City Manager Hooper explained they are paying for portions of the road. If they move the road over, they are able to make industrial/commercial property. Mr. Hylwa feels we are going to have too much industrial/commercial property in the city. City Manager Hooper stated he doesn't believe that is correct. Mr. Hylwa feels the Massey's and the Porta's are getting all the property on Park Avenue. City Manager Hooper stated that is not correct, but they are the ones that have approached the City and made investments where they have purchased property and agreed to do some of the reimbursements themselves. They are paying their impact fees and paying up front. They have coordinated with the City on being able to use those properties. There was further discussion regarding exactly where on Air Park Road the realigning will take place. Doris Hill, 112 Lincoln Road, stated a couple of weeks ago there was an item for the FIND project in the amount of $1 million. Mr. Capria asked about that and City Manager Hooper said that was money that was paid out by the City but they had already received the money from FIND. She asked if this is in addition to that. city Manager Hooper explained this includes part of that. He further commented on what has occurred to date. Ms. Hill stated she hopes we aren't buying another white elephant. That is a lot of money for this city to pay. She questioned who they are going to get that money up. City Manager Hooper stated you get that money by selling the property. city Manager Hooper informed the Council the RFP was attached. Mike Visconti, 316 pine Breeze Drive, asked if we are spending $2,050,000 on the Wastewater Treatment Plant. City Manager Hooper stated we are spending $2 million to improve the reclaimed water system. Mr. Visconti asked if our system is that bad that they have to spend so much money. city Manager Hooper stated yes. They have to build tanks and put in pumps. One of the largest complaints the council has heard is they run out of water every day and we don't have enough wastewater to generate that flow. They build tanks so that on wetter days they can hold the wastewater that we have and they build the pumps that pump out of the lake and augment or go into the reclaimed system we have. That enables us to match the demands through Florida Shores. Mr. Visconti stated right now Florida Shores is the only place where reclaimed water is available. City Manager Hooper stated it is only a portion of Florida Shores. Mr. Visconti stated and that money comes back through. City Manager Hooper stated that money comes back through the payers of the reclaimed water. Page -14- Council Regular Meeting December 3, 2001 '-' .." Councilwoman Lichter asked if there will be enough water available to warrant that kind of output. City Manager Hooper stated yes, that is the whole purpose of testing it and the putting together the sizing of the tanks of the pumps. If everybody uses the maximum amount they can get out, no system will work. City Manager Hooper stated there is plenty of water and will be a sufficient amount of water. If it is abused and used as much as you can get out of a house by everyone on a street, it still will not work. They will either ration the water by rotating days or an increase to make people conserve to some degree. Pat Card, 3019 Willow Oak Drive, stated with the upgrade of the system, is there also going to be an expansion of the system and if so is it to be into the Edgewater Lakes area? City Manager Hooper stated the answer is no. There is no treatment capacity expansion out of this. Edgewater Lakes is to be served by the County's wastewater system. The City is serving it water and the County is serving t through wholesale agreement the sewer system. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. D. Construction Project - staff recommendinq approval to authorize a Notice of Intent to Award to Wharton-Smith, Inc. for the city's Advanced Wastewater Treatment Facility (WWTF) reclaimed water improvements at a bid proposal of $2,092,000, and authorizinq the city Manaqer to execute the contract documents upon receipt of insurance. bonds and other documents (Continued from November 12, 2001, Item 8C) City Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Lichter asked if it would be appropriate to include possible means of funding. She felt Mr. visconti made a good point that half of the City gets no actual benefit from this and she feels it should be implied that it is user. City Manager Hooper stated he thought they did that when they talked previously when they authorized the RFP. They described who would pay and who would not pay. This is simply the contract to Wharton Smith to build this. Councilwoman Rhodes asked if there is going to be more personnel required to run all of these new things or to take care of all these new things. city Manager Hooper stated no. This is tanks and pumps and really doesn't change things. As we grow and add Edgewater Lakes and add new customers, there will be a requirement for more personnel. Mayor Schmidt opened the public hearing. Dick Jones, 1530 Sabal Palm Drive, stated he was curious as to the engineering that is going to go into the effort for the reclaimed water project. Is there going to be some control on the outflow that would be somewhere in the semi-automatic control range? City Manager Hooper stated that really doesn't work because it is one major distribution line. Mayor Schmidt closed the public hearing. Councilman Brown moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. Page -15- Council Regular Meeting December 3, 2001 ........ ...,; E. Continued Enqineerinq Services - staff recommendinq approval for Contract Administration and Resident Proiect Inspection Services for the City's Advanced WWTF Reclaimed Water System Improvements at a cost of $49,104.00, and authorizinq the City Manager to execute the contract documents (Continued from November 12, 2001 Item 80) City Manager Hooper made a staff presentation. Mayor Schmidt asked if that is part of the $2,092,000. City Manager Hooper informed him no. Councilwoman Rhodes stated $49,000 to oversee that this money is spent right. Don't we have somebody on staff that could do this? City Manager Hooper informed her no and elaborated why. Mayor Schmidt closed the public hearing. Councilman Vincenzi moved for approval, second by Councilman Brown. The motion CARRIED 5-0. F. Re-roofinq - staff recommending approval of contractinq with Advanced Weatherproofinq Systems, Inc. to repair/replace the city Hall and Council Chambers roofs at a cost of $44,300 plus $44.00 per sheet of plywood City Manager Hooper made a staff presentation. He informed Mayor Schmidt the $44.00 includes the installation of the plywood. Councilwoman Rhodes stated a while back there were a couple of employees that did maintenance. They were moved to Parks and Recreation. Would they have been able to do this job? city Manager Hooper informed her no. Councilwoman Lichter feels it just seems a shame at this point when they are talking about rebuilding. Councilwoman Rhodes moved for approval, second by Councilman Brown. The motion CARRIED 5-0. There was a ten-minute recess at this time. G. Purchase and Sale Aqreement (FIND proiect) - staff recommendinq approval of Contract to buy 141.5+ acres at $4,262,847 and authorizinq the Mayor and city Attorney to execute the Contract City Manager Hooper made a staff presentation. Councilman Brown stated City Manager Hooper mentioned not having any interest on this for the first five years. It is entirely feasible that they could sell this thing out completely within five years. City Manager Hooper informed him that is correct. He explained the way the contract reads, if we sold 100% of it,we would owe them the money but if we sold 99% of it and there was still a piece for sale, you never owe them all the money until the end of ten years unless you sell the whole thing. Councilman vincenzi asked if part of this property is property the School Board is interested in. City Manager Hooper stated yes and pointed out this particular piece of property. Councilwoman Lichter asked how much acreage it is. city Manager Hooper informed her it is about 60 acres. Councilwoman Lichter asked if there are any water situations on this property. City Manager Hooper stated the flooding is back up towards the south of this. Page -16- Council Regular Meeting December 3, 2001 ....." .., City Manager Hooper further identified the colored parcels on the map. There was a brief discussion regarding a park on the FIND property. Mayor Schmidt asked city Manager Hooper to point out where the road over the canal is that would take us through the FIND project and in essence give us a north-south road which he did at this time. He further spoke about the road changing if the School Board purchases property. The School Board is studying this piece of property and three other options in that close proximity that they are looking to make a decision on. As soon as they decide, we have under contract engineers to finish the layout for Phase II. Mayor Schmidt opened the public hearing. Dick Jones, 1530 Sabal Palm Drive, asked about the South Campus of DBCC wanting to have an access through that area from the south edge of their parking lot. Is that still in the plan? City Manager Hooper stated that is part of the plan depending on where the School Board buys. Mr. Jones stated he wouldn't put too much credence into the School Board being able to buy that land with the way the economy is going and the fact that the State of Florida Government just took $1 million away from the lotto pool to help fund some of their School Board efforts. He feels things may be going down hill and if somebody comes along with a good offer to buy that land, he thinks the City should take it. Mayor Schmidt closed the public hearing. Mayor Schmidt stated two years ago when they were elected they had meetings with city Manager Hooper and he thinks they all came on the same page that it was time for Edgewater to move forward and take a chance or two to do a few things to start developing the future of the city. He thinks they all agreed that Park Avenue would be our industrial area and to the south and west would be residential. This is a lot of money tonight. It has been since 1990 when this city has seen some kind of big money to spend. He spoke about purchasing the Dustin's property and if the city would have purchased it years ago they could have saved $200,000 on that piece of property. He and City Manager Hooper have talked and he hasn't scared him money wise but he caused him to lift his eyebrows up and realize this is an investment and something that isn't going to get any cheaper. He has the confidence that even with the way the economy is, it is going to turn around and these are deals they need to make. city Manager Hooper stated the same seven acres he talked about, we paid about $57,000 with no improvements into it so he feels they are getting a good price. There are a lot of opportunities. Many are looking and many are asking. He feels as soon as we own it then we will be in a condition to start and decide how it is done. Mayor Schmidt spoke about there being a shortfall on industrial developable land that has infrastructure and he feels people are really taking a look at Edgewater. Councilman Brown moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Mayor Schmidt wished city Clerk Wadsworth and Department of Environmental Services Director Terry Wadsworth a Happy Anniversary. Page -17- Council Regular Meeting December 3, 2001 ~ ...", Legal Assistant Matusick had nothing at this time. City Manager Hooper 1) Reschedule meetinq of January 21, 2002, Martin Luther Kinq, Jr. Day to January 28, 2002 City Manager Hooper informed the Council they had to reschedule the January 21, 2002 meeting. Mayor Schmidt asked if anybody had a problem with January 28th. There was a brief discussion regarding when the Council will be going to Tallahassee. city Clerk Wadsworth informed them they would be going the 29th I 30th and 31st. It was the consensus of Council to hold the January 21, 2002 meeting on January 28, 2002. CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 pine Breeze Drive, feels the City is spending a lot of money and asked if City Hall is on the back burner now. Councilwoman Rhodes stated that comes back in January. city Manager Hooper stated there are some studies out there but the answer is it is no more on the back burner than the front. It is right where it was. He thinks all a long the discussion has been that more than likely City Hall would be a voter approved referendum and that is still the thinking that that would be something the voters would be asked. Doris Hill, 112 Lincoln Road, reminded everybody that there is a Workshop meeting tomorrow night. She mentioned no input being allowed at the Workshop and feels that is probably a good idea. Mayor Schmidt stated it would be limited. Ms. Hill stated we have no codified noise ordinance in this City and they want to see something specific done about it. She researched everything and she feels the definition of nuisance under the new Code addresses the problem we are having because it looks to her like nuisance covers that kind of noise. Her big problem is she can't find any documentation for the right to have outside bands and entertainment without obtaining a conditional use permit. She referred to Article IX of the new Land Development Code. Ms. Hill stated she brought in some copies of the progression of the ownership and the licenses of the No Name Saloon. What she is most concerned about under that progression was the fact that October 1st any special event, outside bands and vendors needed Council approval. Now staff is handling this important function under the new Codes. Council doesn't have control over that anymore. On 10/1/01, the city of Edgewater issued a License File Change under General Information stating license comments and it said indoor/outdoor band permitted. By changing this from a conditional use to a permitted use, because that is what that did, they were permitting this under that license. What they are saying is that they can have an outside band any time they want. This enables the business to have outside bands anytime and she is sure it was an oversight but that needs to be corrected. Under B-3 zoning, outside activities such as bands are only a permitted use for classification 76A Restaurants A or B. In the packet Council has, they will find a matrix and see a definition for restaurants and it clearly shows that A & B being conditioned on Item 19 under Table 111-3 and it carries the caveat and that caveat refers to item 19 and it says live entertainment adjacent to residential uses shall be a conditional use. Clearly this was never intended to allow outside bands with amplifications 365 days and nights a year. Page -18- Council Regular Meeting December 3, 2001 ....... ...", Ms. Hill stated she doesn't know why that was issued. She knows it shouldn't have been issued and if it had been issued before it was approved and before it goes into our Codes for second reading, it needs to come before Council. Council has to say whether they can have outside bands. Ms. Hill referred the Council to Item 6L, which was approved by the Council. She stated that is B-3 so if they want to put in a restaurant and have an outside band there they can do it. They can do it any place they want because if one does it somebody else can do it. City Manager Hooper went over the process for the Workshop tomorrow night. What the Council winds up with will come back in the form of an ordinance or resolution or some declaratory judgement from Council. They will be describing to staff what they want to set community standards. City Manager Hooper further clarified on some of the comments made by Ms. Hill. There is a lot of criteria that they are going to go through and talk about. City Manager Hooper informed Council City Attorney Cookson would be here tomorrow afternoon from 2 p.m. on and if individually the Council would like to talk to him about any concerns, stop by or call. Mr. visconti welcomed Councilwoman Rhodes back and congratulated on being named Vice Mayor. He also thanked the Council and Parks and Recreation for putting the banners up. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 10:02 p.m. Minutes submitted by: Lisa Bloomer Page -19- Council Regular Meeting December 3, 2001