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11-12-2001 - Regular .. "W" CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 12, 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 Deputy City Clerk Lisa Bloomer Legal Assistant Robin Matusick Present Present Present Excused Present Present Excused Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS There were no presentations at this time. CITIZEN COMMENTS There were no citizen comments at this time. CITY COUNCIL REPORTS Councilwoman Lichter stated four of them attended the Veterans Program at the Cemetery and they all spoke and all had the honor of presenting the wreath from the city. It was the most beautiful occasion. Mayor Schmidt had nothing at this time. Councilman Brown stated the YMCA meeting was last Friday. The permits are finished and they will be breaking ground on that by the end of this month and the pool should be open before summer time. Councilman Brown stated he went to the Economic Development Board meeting and they have a group with a lot of enthusiasm for our city. They are looking forward to presenting the Council with different ideas for the City business wise. Councilman Brown thanked everybody that voted for him. He hopes he can do four years as well as he did the last two for the citizens. Councilman Vincenzi stated the Veterans Ceremony was very nice and it was a good opportunity to get out and thank the people that defend this country. Councilman Vincenzi stated one day last week he saw someone walking on the side of road picking up litter. He thought that was unusual and very nice. '-" ""'" PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Readinq, Ord. No. 2001-0-73, San Remo of Edqewater, Inc. , owner, requestinq a chanqe in zoninq classification from R-4 (Multi-Familv Residential) to RPUD (Residential Planned unit Development) for 9.95+ acres located on the south side of Roberts Road, east of Meadow Lake Subdivision and approval of associated Zoninq Aqreement City Manager Hooper made a staff presentation. Staff recommends approval. Legal Assistant Robin Matusick read Ord. 2001-0-73 into the record. Mayor Schmidt asked if there is one builder. Dominick Caputo, 624 Third Avenue, New Smyrna Beach, stated at this time, yes. In the future they might invite one or two other builders. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter asked if business is next to this, the corner lots from US 1 to this residential development, is that zoned business. City Manager Hooper stated business is surrounding it. Councilwoman Lichter stated when that business comes in will the business be required to put the buffer between themselves and the residential. City Manager Hooper informed her that is correct. If they come in as a business, what they have seen to date have been many requests to re-zone those adjacent properties to come in as a similar type zoning as this. Councilman Vincenzi moved to approve Ord. 2001-0-73, second by Councilman Brown. The motion CARRIED 5-0. City Manager Hooper asked the Council to also approve the Zoning Agreement. He informed Council he had one change which is the maintenance bond being 10%, not 110%. Councilwoman Lichter moved to approve the zoning Agreement, second by Councilman Vincenzi. The motion CARRIED 4-0. B. 2nd Readinq, Ord. No. 2001-0-74, Amendinq Article IX (Application Procedures) of the Land Development Code City Manager Hooper made a staff presentation regarding Conditional Use Permits. This is the point that will be as they hold their December 4th work session and you start to deal with noise and other issues with regard to outdoor activities. This Conditional Use Permit is the required methodology that would have changes or conditional uses for any activity that is going to be in the B-3 type zoning's that are adjacent to residential areas. Councilman vincenzi asked if this is for long term changes. city Manager Hooper informed him yes. He presented an example. Decisions made by the Planning and zoning Board are appealable to the Council. They do not have many that go through the process. Councilman Vincenzi asked if the Council has the right to go back and challenge a decision made by the Planning and zoning Board. City Manager Hooper informed him yes. Councilman Vincenzi stated since they are responsible for the ramifications of anything that is done, he would like the Council to consider adding one section onto the procedures section that says the Council has the final approval and not the Planning and zoning Board. Page -2- Council Regular Meeting November 12, 2001 "-" ....., Councilwoman Lichter stated she would like to pull this section out of this because they have to study it, revamp it and put it together again and she doesn't want to pass it on second reading tonight if they are going to be changing it. City Manager Hooper informed the Council to do that, what they should do is postpone the adoption of all of it until after the work session. If Council wishes, they can continue this until the December 17th meeting. Councilman Vincenzi asked if they can insert that change. City Manager Hooper informed him sure, they will just rehear it then and they will have put that change in if that is the reading of Council either tonight or at the December 4th work session. Councilwoman Lichter feels this involves more than just the conditional use. She feels it needs a clarification of the B-3 zoning so it is cut at the bottom of what they really mean and then the exception kicks in. She feels both things will be discussed at a workshop. City Manager Hooper explained this is how you apply for one, not how you grant one or the terms and conditions. This is just one of many places they will see throughout the Code that will have some of these changes to it. If Council wants to, a proper motion would be to continue until December 17th. Councilwoman Lichter made a motion to postpone this whole packet until the workshop, Ord. 2001-0-74, second by Councilman Vincenzi. The motion CARRIED 4-0. Councilwoman Lichter referred to section 21-96.07, Page IX-15 regarding the criteria for voluntary annexation. She stated there is something eliminating the second hearing of the annexation. They are really only allowing for one hearing and questioned if that is what they really want. city Manager Hooper explained no, what they tried to do is clarify. They have a whole section that defines the number of hearings by Statute and what they have tried to do is rule out some redundancy. The Council must have two public hearings with regard to ordinances. Councilwoman Lichter stated on the next page where it refers to Florida Statute, she made a note that it should be explained here. She doesn't like when you have to refer to a Statute and they have to find who has the Statutes and look it up. She prefers in some kind of condensed form that it be explained. city Manager Hooper stated what they tried to do because the Statutes change frequently is reference the Statute. This is how you apply and how it is advertised. It is not what Council is going to consider, it is the mechanics of how you make application and advertise these requirements. C. 1st Readinq, Ord. No. 2001-0-75, Amendinq Articles X (Code Compliance), XI (Concurrency Manaqement System) and XII (Telecommunication Towers) of the Land Development Code City Manager Hooper made a staff presentation. He commented on changes made by the city Attorney, Code Enforcement Attorney, and staff. The City Attorney and Code Enforcement Attorney have been through it and made several comments to try to streamline, make sure it is consistent and follows with Florida Statutes. city Manager Hooper spoke about approaching a resident and no one being home. This allows you to go up and knock on the door. If no one is home you can't tour the property and must be on pubic right-of-way to observe a complaint. You can go to the neighbor and if he lets you on private property, you can do that but you're not allowed to go on private property. He commented on exceptions to that such as a health or safety issue. The Code folks can do that as well as Fire and Police Officers depending on the severity of the issue. Page -3- Council Regular Meeting November 12, 2001 ..., ....., City Manager Hooper further spoke about coming up with cleaner and clearer language. Councilwoman Lichter asked if the Code Enforcement Board perused this. City Manager Hooper stated he didn't think so. Their role is to enforce the Council's role as the adopting agency of what this would say and the time. This doesn't have issues to what a violation would be. This tells how the Code Board works. The language has been cleaned up over the filing of liens. Councilwoman Lichter stated they sat down with the Code Enforcement Board in the beginning but they did have some input from Code Enforcement. Councilman Vincenzi feels the procedures are good. Most of the complaints are usually cleared up within a week. He feels the Code Enforcement people are pretty reasonable and even if they aren't, by the time it gets to the Board they are really reasonable. Councilwoman Lichter stated she thought notification was a problem in the past and the means of notification with absentee landlords and renters. City Manager Hooper stated they almost had two levels of courtesy. There was a very nice friendly and then a formal courtesy and that now is one notice. They are in the process of hiring a second Code Enforcement Officers. Animal Control is doing some cross training so in essence they will have four folks that can handle Code Enforcement as well as other individuals that have Code authority. Councilwoman Lichter wished they had that same type of flexibility with the watering. City Manager Hooper spoke about Concurrency Management. He referred to the list of adopted level of service on Page XI-7. City Manager Hooper then spoke about Telecommunication Towers. Councilwoman Lichter asked what Mr. Buell's problem was. City Manager Hooper stated it was with the telephone company which had nothing to do with telecommunication towers. Councilwoman Lichter spoke about the Special Permit process and not spelling out what kind of box or procedure when you put something on people's property. City Manager Hooper stated not on people's property. Councilwoman Lichter feels it doesn't tighten that process and they are going to have trouble again. City Manager Hooper stated they have developed right-of-way utilization applications that will come back to Council that says how the power and phone companies can use the right-of-way. That is one of the future articles coming in. Mayor Schmidt asked about the inspections and certifications for the towers. Monopole tower is every five years, any other type of tower, every two years. He asked if the monopole is, the single pole with the antenna type things on it. City Manager Hooper stated correct, usually of concrete. No guide wires or support except the pole itself. Legal Assistant Matusick read Ord. 2001-0-75 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Vincenzi moved to approve Ord. 2001-0-75, second by Councilman Brown. The motion CARRIED 4-0. CONSENT AGENDA A. Edward Bvrne Memorial State and Local Law Enforcement Formula Grant - staff recommendinq acceptance of the qrant in the amount of $27.435.00. and to provide the cash match of $9.145.00 Page -4- Council Regular Meeting November 12, 2001 ~ ..."", city Manager Hooper made a staff presentation. Councilwoman Lichter stated she is very pleased they have this. A Youth Services Officer has been one of her goals for the last four years and she hopes this person will consider a Youth Services Committee made up of young people that have a vote on it. She feels they know how to solve some of their own problems. When she threw that thought out to a bunch of youngsters, they were thrilled. Councilwoman Lichter moved to approve the Consent Agenda, second by Councilman Vincenzi. The motion CARRIED 4-0. OTHER BUSINESS A. Election of Vice Mavor Councilman Brown moved to table this item until all of the Council is present, second by Councilwoman Lichter. City Manager Hooper informed the Council the next meeting is December 3rd. They reviewed the Charter very closely today and the way it is worded is after the election, the first regularly scheduled meeting is when you would be electing a Vice-Mayor. They are addressing that tonight and postponing until they have a full Council. The motion CARRIED 4-0. B. Architectural Desiqn Services - staff recommendinq approval to enter into an aqreement with Dickens & Associates, Inc. for services related to the new Iv acquired property next to Dustin's ($18,660.00), and authorize city Manager to sign the aqreement City Manager Hooper made a staff presentation. This would be for the ampi-theater and other portions they would be designing even without the grant opportunities. Staff recommends approval. Mayor Schmidt asked if they look at other cities plans. City Manager Hoper stated that is what this is based on. Jack Corder has been up to the Port Orange facility and taken pictures. In essence the design you see in Port Orange is what they are trying to duplicate. There were questions or comments from Council. Councilman Brown moved for approval, second by Councilwoman Lichter. The motion CARRIED 4-0. C. Construction proiect - staff recommendinq approval of a contract with Wharton-smith, Inc. for the city's advanced wastewater treatment facility reclaimed water improvements ($2,092,000.00), and authorize city Manaqer to execute the contract City Manager Hooper made a staff presentation. He informed Council they are doing an intent to award. City Manager Hooper went over a List of Projects for Debt Issuance in the Water & Sewer Fund and General Fund. This will be coming back to Council and will be a publicly advertised bank loan. Councilman Vincenzi asked the ramifications of delaying this until the next meeting. He was concerned because Councilwoman Rhodes' had some concerns about this and she wasn't present and she doesn't have the opportunity to ask any questions she may have. City Manager Hooper stated there really isn't any. He spoke about the bids being valid for 60 days after they are opened. Page -5- Council Regular Meeting November 12, 2001 '-' ..."", Mayor Schmidt asked how big the storage tank is. city Manager Hooper stated if he recalls, it is 1 ~ million gallons. Mayor Schmidt spoke about the pressure problems as you get deeper into Florida Shores. He stated the Water Tower on Kumquat is not in service for anything. They had some thoughts of tying in reclaimed water. City Manager Hooper explained it is really not feasible. That tower and the tower on Park Avenue would have to be relocated. The one on Kumquat is in use off and on. The one on Park Avenue is not in use and they have a contract to take that one down and dismantle and sell for scrap. Mayor Schmidt questioned if that could address part of the pressure issue if that tank was able to be put into the reclaimed system on some quadrant of Florida Shores where that would provide some pressure. City Manager Hooper explained it is low enough in pressure and the height of it it really can't help much but they can look at it one more time to make sure. Councilwoman Lichter asked if there is any chance that Meadow Lake and Edgewater Landing may get reclaimed water service. City Manager Hooper stated not really. There is so little of the source. What they are doing right now to serve what we have under contract is doing this augmentation. There isn't enough water to expand the service area. Edgewater Lakes they did not offer reclaimed water. They offered a request and obtained the rights to have a pond there for reclaimed. If they wanted to store reclaimed in the future if they had enough water, they could store it on their site. Councilman Brown felt the people that are not getting this water service will want to be reassured they aren't going to be paying for this because they aren't able to access this water. He feels they need to point out that this will be paid for by the people that get it. City Manager Hooper stated right now we have a flat rate of $5. Once this goes into effect, they talked of evaluating that and that rate could change to a flat rate higher or change to a metered system. Part of what Council and what staff recommended to them was to wait until this is in place. If this is still not working and they have to control more, the meters were one of the best ways to do that. He feels they are headed towards an increased rate for reclaimed water service. Those rates will have to be looked at when this is completed. Councilman Vincenzi moved to continue this until the next meeting, second by Councilman Brown. The motion CARRIED 4-0. D. continued Enqineerinq Services - staff recommendinq approval of a contract with Quentin L. Hampton Associates, Inc. for contract administration and resident proiect inspection services for the city's advanced wastewater treatment facility reclaimed water improvements ($49,104.00), and authorized city Manaqer to execute the contract city Manager Hooper suggested this also be continued because it goes with the contract. This will come back at the same time as the contract. He asked Council to make a motion to continue this also until the December 3rd meeting. Councilman Vincenzi moved to continue this until the December 3rd meeting, second by Councilman Brown. The motion CARRIED 4-0. OFFICER REPORTS Deputy City Clerk Bloomer had nothing at this time. Page -6- Council Regular Meeting November 12, 2001 .'-' ....", : Legal Assistant Matusick had nothing at this time. City Manager Hooper had nothing at this time. CITIZEN COMMENTS/CORRESPONDENCE Tom Ryan, New Smyrna, Disabled Veteran, informed Council for the past two and a half years he has been working on a project to get a bridge in Rose Bay named in honor of all the Prisoners of war/Mission in Action from all the wars. He is meeting with the Legislation Delegation on December 11th. He is collecting signatures. It costs nothing. They are trying to get a plaque, a flagpole and a flag presented on one of the bridges that is being currently repaired on US #1. He can be reached by mail at P 0 Box 854, New Smyrna Beach FL 32170. Councilwoman Lichter asked if he had his list with him tonight. Mr. Ryan stated he went to the dedication of the new Veterans Clinic today and collected about 60 or 70 signatures. He went to the Veterans Ceremony yesterday and collected about 40 signatures. They want to overwhelm the legislature with signatures. Councilman Brown asked if it would be possible for the City to do a letter of support. City Manager Hooper stated they could do that or take it another step and do a resolution. Mr. Ryan stated he has Port Orange and New Smyrna's unanimous agreement with his proposal and they have already forwarded their letter to the delegation. city Manager Hooper asked for a copy of their letter and stated we could have that on the agenda for this Council also to approve. Mr. Ryan stated he would drop off a letter. ADJOURNMENT There being no further business to discuss, Councilman Brown moved to adjourn. The meeting adjourned at 7:53 p.m. Minutes submitted by: Lisa Bloomer Page -7- Council Regular Meeting November 12, 2001