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08-06-2001 - Regular '-' ...", CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 6, 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 the Flag. APPROVAL OF MINUTES A. Reqular Meetinq of Julv 2. 2001 Councilwoman Lichter moved to approve the July 2, 2001 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. B. Reqular Meetinq of Julv 16. 2001 Councilwoman Rhodes moved to approve the July 16, 2001 minutes, second by Councilman Vincenzi. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS A. Presentation of new fire truck bv Chief Tracev Barlow Fire Chief Barlow recognized Steve Cousins for his promotion to Captain. He also recognized Jill Landreville, who could not be here this evening, for her promotion to captain. He asked Council to meet him outside to help them with their first annual splash down of their new fire truck. Mayor Schmidt called a ten-minute recess at this time. B. Commendation and Plaque Presentation for 'Officer and Employee of the Quarter' to Officer Daniel Blazi and employee Paulette Tubbs Due to Paulette Tubbs not being available, she will be presented with her plaque at the next meeting. Police Chief Ignasiak called Officer Daniel Blazi forward as well as Chris Fisher of American Legion Post 258 and commented on Officer Blazi being named as Officer of the Quarter. He also recognized Officer Blazi's family who was in attendance. Mr. Fisher congratulated Officer Blazi and asked him to accept their sincere appreciation for a job well done. '-' .., CITIZEN COMMENTS Noritta Harris, 2425 Orange Tree Drive, commented on Item 6F. She owns Sea Horse Mobile Home Park. She spoke about the zoning being changed from MH1A. She questioned why the small parks zoning was changed to MH1 and why they were all put under the same zoning. In May they requested to have a meeting with Zoning which they had. She questioned why all of the non-conforming parks that are now MH1 can have a ten foot side by side mobile home on replacing these mobile homes yet the City is requiring her to have a twenty foot setback but they are all in the MH1 zoning. She feels if the zoning is changed and make the setbacks so stringent that what it is doing is zoning the small mobile home parks out of business. They would like to have more input on this from the Council, City Manager and Zoning. City Manager Hooper explained the issues they are talking about are part of what they are now going through and correcting and fixing. It will be on the agenda to come up and it will solve the problem she has described in non-conforming mobile homes. He has sent a letter to Ms. Harris saying it will be modified and offered to meet with her and her realtor to help facilitate getting them through the system. It is scheduled for first reading either the first or second meeting in September. city Manager Hooper explained in essence it puts their spacing, because it's a non-conforming sub-standard to our current rules, back to where it was. If there is a hardship or problem, he has encouraged Ms. Harris and her realtor to come and meet with him. They can either get them through the variance procedure or some other process to get them started if the sale is what she wants to do. Ms. Harris stated they aren't doing this just for the sale. This is for later on down the road. They have been told every time that a mobile home comes in and they have to replace a mobile home that they have to go for a variance. city Manager Hooper stated that will be corrected when this comes back through. Ms. Harris stated she doesn't want it to go back to what it was because before she had no lot lines. city Manager Hooper suggested they meet with Planning Director Lynne Plaskett to go over the changes. The changes he has seen to date have been out of the Planning Department to accommodate what Ms. Harris has described as a problem. Ms. Harris would like for all the small mobile home parks to be in on this because they don't know what has happened to them. She feels the mobile home park owners should have been notified of this so they could be aware of what was going on. Mike Visconti, 316 pine Breeze Drive, feels the Edgewater Lakes Golf Course is good for our City. He feels the location is perfect. He further commented on the land use and the tax base for our City. He is in favor of this and supports the Edgewater Lakes concept. Mr. Visconti spoke about the widening of SR 442 and losing the trees and the medians. He asked why they have to go past u.S. #1. He doesn't want it to go from u.S. #1 to Riverside Drive. This is the only place in Edgewater that they call a green. He further commented on his hard work to get the fountain put there and having to relocate it to Menard Park. He spoke about beautifying the area where the fountain is now and calling it Edgewater's Green. He suggested possible ways of beautifying this location. He asked the Council negotiate with DOT for this small portion of SR 442. He suggested contacting Congressman John Mica and maybe he could help out with preserving this piece of land. He feels this would make a beautiful entrance into Veterans Park. Page -2- Council Regular Meeting August 6, 2001 '-' ...", Mr. visconti spoke about an article in the August 3rd edition of the News Journal in the business section regarding Coronado Paint. Ed Keenan, 1905 pine Tree Drive, spoke about a high school coming to Edgewater. He suggested on either corner of Mission Road and SR 442 on the east or west side and feels this would be an excellent location. He further spoke about keeping the present New Smyrna Beach High School and having a new one in Edgewater and sharing the same administrative staff. He wished the City Manager and Council would pursue this concept. George Angleton, 2437 Swordfish Lane, spoke about Item 6D. He stated that puts the commercial depth back much further than any of the adjacent commercial depths. He wondered if that is a good idea or how come that is happening. City Manager Hooper stated those kinds of things will occur during the presentation on that item. Mayor Schmidt stated during the public hearing part of it there will probably be a few more questions like that. Mr. Angleton stated he doesn't understand why it has to be zoned commercial from residential because it is his understanding that anytime you zone something commercial that gives clear license for land clearing. He stated this property is nesting ground for owls and asked if an adequate environmental impact statement has been pursued to make sure that there is no violations of the owl habitat. Mayor Schmidt stated they would discuss that when they got to that item on the agenda. CITY COUNCIL REPORTS Councilman Brown had nothing at this time. Councilman Vincenzi asked why does the widening of SR 442 have to go past u.S. #1. City Manager Hooper explained it really doesn't. It goes to the intersection of u.S. #1 and SR 442 and there are turn lanes that occur. All they are doing is intersection improvements. Councilwoman Rhodes asked if they could move the fountain back. City Manager Hooper stated you probably can't because when they do the thru lanes they taper. They are looking to fix that median up to normal safety standards. This matter went before the Recreation/Cultural Services Board and their recommendation was to relocate it to Menard Park. Councilwoman Lichter would like to see something done with the drop on the left of the gas station. She feels this is dangerous. City Manager Hoper stated that is part of what they are fixing and he thinks a guard rail is in their plan. DOT will be paying all of the moving and relocation costs to place the fountain at Menard Park. Councilman Vincenzi stated since they decided not to build the high school out by 44 and 1-95 they are looking in Edgewater but there is nothing that is definite yet but we are pursuing it. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter stated she spoke to Cliff Clark contacting her letting her know that the skate park hasn't bothered him at all and has been much better than his expectations and the police are there very often interacting with the young people. Page -3- Council Regular Meeting August 6, 2001 ~ ....", Councilwoman Lichter stated the Police Chief of New Smyrna has written up a petition that is handed to offenders for littering. She wasn't sure if Police Chief Ignasiak had gotten a copy of what he is handing out but she hopes we can pursue this. Police Chief Ignasiak stated he is working with Chief Pagano on that right now and will be meeting with him on Wednesday. Councilwoman Lichter spoke about the Welcome to Edgewater sign from the Chamber. Russell from the Observer is working on the logo. City Manager Hooper stated Russell has and some other employees have shown him sketches of what they are looking at. There are several people looking to make a better logo for the City as you come into the city and place that at various locations. Councilwoman Lichter spoke about complaints she has received because people feel it looks like the Chamber of Commerce welcomes you and they feel it should be that the City of Edgewater welcomes you. Mayor Schmidt spoke about the driving training course members of the CPS program took. He felt it was great that some of our people could do the extra training and we have the community members that want to stay involved and want to get involved. He thanked the Chief and the CAPS people and whoever else was involved with this. Mayor Schmidt spoke about Coronado Paint. He feels it is great that they made the commitment that this is where they want their world headquarters. Mayor Schmidt spoke about an insert that newcomers got to Volusia and Flagler counties that was in the News Journal regarding Edgewater. Mayor Schmidt reminded the Council of a special Volusia League of cities meeting on September 24th. He feels they should get together at the first meeting in September to talk about ideas of things they can do for the City and improvements they can take to Tallahassee. He asked the Council to get their ideas together. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. 1st Readinq. Ord. No. 2001-0-43. Amendinq the Comorehensive Plan's Future Land Use Mao by desiqnatinq Low Density Residential. Conservation and Commercial land use classifications for 487+ acres of orooerty known as Edqewater Lakes B. 1st Readinq. Ord. No. 2001-0-42. Rezoninq aoproximatelY 487.60 acres of orooerty known as Edqewater Lakes from County A- 2. A-3. B-4. R-3 and RC to City RPUD. c. Public Hearinq. Develooment Aqreement. Sam Merrill. P.E.. authorized aqent. seeking aooroval of a Develooment Aqreement for 487.60 acres to develoo a mixed use residential qolf course community. known as Edqewater Lakes City Manager Hooper explained the process they would follow with regard to Items A, B, and C. Planning Director Lynne Plaskett made a staff presentation with regard to Edgewater Lakes. She went over the Comprehensive Plan Amendment, the re-zoning and the development agreement. Ms. Plaskett showed photographs they took of the area and surrounding areas to show a comparison. Page -4- Council Regular Meeting August 6, 2001 ~ ~ City Manager Hooper thanked Ms. Plaskett for a good presentation. city Manager Hooper further commented on what is included in the developer agreement. Councilwoman Lichter asked what the distance will be between the homes. City Manager Hooper stated that comes back to Council as each subdivision. Councilwoman Lichter asked if there would be different builders handling different areas. City Manager Hooper stated you can have different builders come in. Mr. Howard has buyers that will come in and buy blocks of lots. When he comes in to subdivide or plat those individual lots, it will be accompanied by a subdivision plan, a plat that will describe and he will work with staff to set the setbacks. Mayor Schmidt asked where the utilities are. City Manager Hooper informed him underground. All utilities in new subdivisions are underground. Councilwoman Lichter stated if it was still in the County and they didn't take it into the City, it won't be any denser than it would be if it was still County. City Manager Hooper explained it has the same density in a different format. Mr. Howard informed Council he is available to respond to any questions. He stated Ms. Plaskett has covered all the basis at this point in time. Councilwoman Lichter asked if they have any say about the different builders. Mr. Howard stated that is between the development company and the builder. Councilwoman Lichter asked if the City has any safe guards that what the builders start he is going to finish. Mr. Howard stated no more than the City has now. He further explained the builders would build in blocks of lots and sculpture an entryway defining their product in differentiation from the other ones. Councilwoman Lichter stated she has seen this typ~ of thing work but there is some thread of commonality. Mr. Howard explained they maintain control and approve all the plans and specifications of the individual builders. He commented on the architectural review and explained they have set it up established initially that they would come with six elevations and floor plans and the color charts associated with that. Mr. Howard further explained the setbacks will conform to what is required under the Development Code of the City. City Manager Hooper further explained another safeguard which is that before a developer can sell the lots he either has to have a plat, infrastructure in place or he puts up a bond. Councilwoman Lichter asked about Volco Road, the railroad track and an exit from Florida Shores. She feels it is important that people on 35th and 36th can still be able to come out there. She asked Mr. Howard what he is planning to do about that. Mr. Howard explained that is their property and they will be deeding it to the City. Legal Assistant Matusick read Ord. 2001-0-43 and 2001-0-42 into the record. City Manager Hooper stated the development agreement is just adoption by vote. Page -5- Council Regular Meeting August 6, 2001 ..,. ..., Mayor Schmidt asked how many people were going to talk and opened the public hearing. Noritta Harris, 2425 Orange Tree Drive, expressed concern that if the lots are 50 feet wide and you are pouring a pad of 39 foot that only leaves 5 ~ feet on each side of that lot. Mr. Howard informed her that is correct. Ms. Harris referred to a Table V - site Dimension that was revised in July 2000, under the RPU Residential there is no minimum square foot to the lot and there is nothing on here yet for the minimum lot width. Ms. Harris expressed concern that as each person tries to do something it will be taken on a one to one basis of what the different site requirements would be. She feels that doesn't sound fair. She feels if it is good for one the same rule should be good for everybody. city Manager Hooper explained that is the purpose of this type zoning, RPUD, which is contract zoning. Ms. Harris questioned the statement that each person around this property have been notified of this. She stated she wasn't notified when the zoning was changed in her park. City Manager Hooper explained her type zoning was changed city- wide. They are obligated to hold public hearings, they had public P & Z meetings, they had public hearings here, they advertised in the paper and tried to be all inclusive defining what was there. Ron Tucker, East Wind Subdivision, questioned the 50 foot buffer between existing homes in East Wind Subdivision and those of the new homes. He questioned why there is a fifty foot buffer between one acre lots and 100 square foot lots. On another end, they are going from a typical residential right to a commercial building site. He questioned if there is a requirement to have a greater buffer if you are going from residential to commercial verses residential one acre to residential more dense coverage. Ms. Plaskett stated it is not commercial. city Manager Hooper asked Ms. Plaskett to show the Council where he is talking about which she did at this time. Mr. Tucker stated the only objection to the development is that he will have condominiums adjoining his home and he has a very expensive home. He feels the biggest objection is the condominium pod at the end of their development. Councilwoman Rhodes stated if there is a fifty foot buffer between Mr. Tucker and the condominiums what is his objection to that. Mr. Tucker stated the last expensive home in East Wind is $150,000 and his home is worth close to $200,000 and that is his concern. He stated Mr. Cecil has a beautiful home and will be looking at condominiums behind his house. Mr. Howard explained this is a work in progress. This is just a conceptual master plan and they have to do a lot more design. He would be happy to meet with the people of East Wind when they are close to be done and show them what they have there and they will do everything they can to give them the privacy and show them that they intend to be good neighbors and not in any way adversely affect their property values. City Manager Hooper explained the condo will come back to Council as a public hearing so they will see the setbacks that have been negotiated. Page -6- Council Regular Meeting August 6, 2001 -., ...., Wendy Dippel, 750 Navigators Way, commended Council for what they have done since they were elected. They have found them a City Manager whose eyes are to the future and who has the experience to carry the City to the future and do it in the right way. He feels the Council is thinking in the right direction on our future growth. She hopes as a resident of Edgewater that the City of Edgewater keep a positive finger on any and all development that comes into this City. She thanked the Council for everything they have done. Charles Cecil, 3560 Omni Circle, stated he applied for a boarding in Edgewater and it was denied. He went to the County and started an aviary. He spoke about owning 160 exotic birds. He doesn't have a problem with the homes and condos but he doesn't want somebody coming to him telling him they have a problem with him. One hundred and forty birds are off the property that are on a breeding loan for one year. He thinks the City is going to have a lot of problems with the noise. He doesn't want to have problems with his neighbors. He went to the neighbors when he decided to put the birds in and didn't have a problem with it. He feels he is not the problem because he is there but he will be the problem when they move in. You can faintly hear them for 1/4 of a mile but they are super loud when you are 50 to 100 feet from them. He has a license from Fish and Game and from the County. Councilwoman Lichter questioned if Mr. Cecil will still be in the County and informed him he would still go under the County's rules. Mr. Cecil spoke about the City having complaints and problems and there is nothing they will be able to do. Councilwoman Rhodes feels Mr. Howard needs to be aware of the birds and he needs to make the contractors aware of the birds. Mr. Cecil stated he also has five dogs that run the property and they make noise if someone is outside at night. He wants to work with Mr. Howard because he has to make a dollar just like he does but he doesn't want his taken away and he doesn't want him to make a headache for the City. Mayor Schmidt asked Mr. Cecil where his property is. Mr. Cecil stated he is just to the west of Mr. Tucker on the corner. Mildred Lipscomb, 3950 Liza Clinton Road, spoke about the water situation for the golf course. She spoke about most of the people being on wells. She questioned if the water coming off of the golf course will be coming out of deep wells. Mr. Howard stated the retention ponds. Ms. Lipscomb asked if he has any intentions of putting any wells down. Mr. Howard stated they have no permits for wells at this point. Ms. Lipscomb asked in the future if he is looking at putting wells down. Mr. Howard stated at this time their golf course architect says there is a sufficiency of water with the type of grass they are intending to plant on the course, their retention system will handle the irrigation of the course. Ms. Lipscomb asked about the runoff of the pollutants they use, the herbicides, pesticides and the fertilizers that are used that will leach into the ground water they drink. She doesn't see how this will be taken care of because of retention ponds. Ms. Lipscomb asked how long it will be before they are made to get rid of their large animals because of the golfers not wanting to listen to or look at what a farm situation is. There is a lot of wildlife in the area that she feels will need to be covered a little bit closer. Page -7- Council Regular Meeting August 6, 2001 'WI 'WI Ms. Lipscomb expressed concern about elevation because all of the rain water that runs from U.S. #1 back to the hammock. Their property sits right on the hammock and are looking at possibly being flooded out. She feels this needs to be looked into seriously. City Manager Hooper explained Mr. Howard will have to do permitting through st. John's River Water Management. He will also be trying to trap and contain as much water onsite on those ponds to irrigate the golf course. The runoff problem can't exist because of the permitting requirements. One of the criteria the st. John's River Water Management District will look at is where the water will go from the course. Ms. Lipscomb asked if Mr. Howard is willing to take care of their water needs if their wells get polluted from the water runoff. City Manager Hooper stated he probably isn't willing to but what happens if there is pollution and it comes from some source there are state agencies that come in and help correct that by getting water and sewer to the people. If it is polluted because of a source that the regulatory agency misses they have funds to help the cities get to servicing water but he doesn't think they will have that kind of problem. Bill Cuthbert, 3536 Omni Circle, asked Mr. Merrill if he told him that there is going to be a well drilled for the golf course watering. Sam Merrill, Zev Cohen & Associates, stated what they were discussing was whether or not there would be sufficient water in the strategically located lake system to support the golf course and what he suggested was if, when the District permits this project, specifically the golf course, if there is not enough water then there may need to be an application for a well. At this point in time there is no well contemplated. If the District requires one then one would be applied for. Mr. Cuthbert spoke about the wildlife in that area. Mr. Cuthbert expressed concern with a fifty foot lot behind his house. He asked if there is going to be any restriction on the shape of the size like the walls in the house. City Manager Hooper stated the restrictions will come from the Architectural Review Committee on the shape and look of the house. All of those plans have to be looked at by the City. Mr. Cuthbert further commented on the restrictions in East Wind about how many exterior walls you can have and the covenants they go into. He expressed concern with the fifty foot lots behind there and he doesn't know what they will do with it and he thinks it is going to be a real problem. He feels some of the things that are going to happen back there are going to radically change the structure of this City as well as the ecology. It will radically affect and have an impact on the school system in this City. Marilyn Weaver, 4190 Liza Clinton Road, expressed concern with the evacuation route for all these people and not having one now. Mayor Schmidt stated that is one of the things over the last two years they keep pushing. He suggested to not only come here but for everyone to go to the County, write to the Governor and everyone they possibly can and let them know and keep letting them know. Page -8- Council Regular Meeting August 6, 2001 1lw' """'" Councilwoman Lichter stated they are trying to get SR 442 to go all the way out. Ms. Weaver feels this should be looked into for all the new people that are going to be coming in. Councilwoman Lichter stated she thinks when that traffic survey gets done, they are going to have to contend with where will an evacuation route be. Charles Cecil, 3560 Omni Circle, stated he is on a well too. He drilled two wells on his property so his exotic birds would have water if one went dry. He is going to count on the Council to make sure he doesn't have a problem with contamination in his wells that he loses his exotic birds. He can replace a bird but he can't replace the amount of money a bird or a pair of birds makes him. If he does lose some of his birds, he wanted to know who would be responsible. City Manager Hooper asked Mr. Cecil if he had insurance on the birds. Mr. Cecil stated no, he didn't have insurance. He will hold Edgewater and the developer responsible for it he does lose them. He has two wells that he has tested to make sure his birds have good water. Councilman Brown asked if it would be possible to put test wells down that you can't draw water out of but do a quarterly testing out of these wells in different spots through this area. city Manager Hooper stated the regulatory agency that issues the permits for that could make that a requirement. That is not something the City has authority to do. Mildred Lipscomb, 3950 Liza Clinton Road, asked about retaining the water in retention ponds. Normally this water, when it rains, runs to the west to the hammock. This has been dry for over a year. If he starts maintaining all the runoff water into the golf course, what will go into the hammock to redo the aquifer for the rest of the City. City Manager Hooper explains what runs off of the property naturally he has to try and maintain. He is after trying to maximize what he can to put in those ponds to use for irrigation of the course. What naturally flowed through he must try to continue have flow through. He will not diminish that off site nor increase that off site. Mayor Schmidt closed the public hearing. Councilman Brown moved to approve Ord. 2001-0-43, second by Councilwoman Lichter. The motion CARRIED 5-0. City Manager Hooper stated in approving that ordinance, you are modifying the Comp Plan as being transmitted to DCA, their comments and then come back to Council for final review. Councilwoman Lichter moved to approve Ord. 2001-0-42, second by Councilwoman Rhodes. The motion CARRIED 5-0. Councilman Vincenzi moved to approve the development agreement, second by Councilman Brown. The motion CARRIED 5-0. There was a ten-minute recess at this time. G. 1st Readinq. Ord. No. 2001-0-53. Annexinq approximatelY 3.18 miles of US 1 riqht-of-way from the southern corporate limits of the city of Edqewater to the northern line of Ariel Road Mayor Schmidt moved this item up on the agenda. City Manager Hooper made a staff presentation. He announced that Vice Mayor Jessie McClain was present from the City of Oak Hill and referred to an article in the newspaper regarding their concern about where we are headed and our concern about how to get there. Page -9- Council Regular Meeting August 6, 2001 'w' ...., Legal Assistant Matusick read Ord. 2001-0-53 into the record. There were no questions from Council. Mayor Schmidt opened the public hearing. vice Mayor Jessie McClain, City of Oak Hill, congratulated the Council on the positive influences they are having in this community and the forward motion they are making. She asked the Council to put a hold on the second reading of this ordinance until such time as their commission can have a joint meeting with the Council and see if there is some way they can work out some boundaries that would be more beneficial to both cities than having Edgewater go all the way to where Oak Hill's boundary is now. She isn't against Edgewater's growth, however, she feels they need some room for growth too. She believed in the past there has been a verbal agreement between Oak Hill and Edgewater as to where these boundaries would be. Councilwoman Lichter stated she was privy to sit with Oak Hill when she was on the City Council the last term she served when they met. They drew on a map that was acceptable and would be in minutes of that meeting Ariel Road as the boundary. She is not adverse to Ms. MCClain's comment to meet with Oak Hill after this first reading and vote before their second hearing and vote and try to determine if that will stick or not. Paul Jenkins, willow Oak Drive, stated he can understand Oak Hill wanting to grow to the north but right now they can grow to the north, south and west. Edgewater is limited to the south and the west. Mayor Schmidt closed the public hearing. Councilman Vincenzi would like to thank Ms. McClain for coming. He would much prefer a sit down meeting and discussion about it before the second reading with the Oak Hill Commission as opposed to reading about it in the newspaper. City Manager Hooper stated there were two meetings, one on September 27, 1999 and one on September 2, 1999. Ariel Road was where the City Council picked. The Oak Hill commission picked Old Jones Fish Camp and Clinton which is one in the same. He commented on having a written document with New Smyrna but not Oak Hill. He met with Ms. McClain the other day. He thinks from a staff point they can suggest it is proper to go ahead and do the first reading tonight. If both sides agree not to do anything further then they have time to work out exactly where that line will be. He feels there are several ways to look at it and try to draw a logical conclusion, the most logical being having both Council's meet. Staff recommended they do the first reading tonight and set a meeting that is convenient to both Councils and try to have a joint meeting in the beginning of September. He feels the press probably made this a bigger issue than it really was. Councilwoman Rhodes stated she was approached today by a lady who is president of a Mobile Home Park Association that is barely north of Ariel Road but she wasn't sure which park it is. She asked if Councilwoman Rhodes wanted their association and the people in their mobile home park to show up tonight in support of Edgewater annexing to Ariel Road. They really do not want to be annexed into Oak Hill. She feels that needs to be a point that is made. Oak Hill can say they want to annex to a certain point but if the people don't want to be annexed into Oak Hill then it is never going to happen. She feels it seems pointless for there to be expectations of Oak Hill if they will be able to annex further north than that. She does feel they need to sit down with Oak Hill and discuss it. Page -10- Council Regular Meeting August 6, 2001 ~ ~ City Manager Hooper explained this is right-of-way only. If Oak Hill chooses to annex north and be parallel to the right-of-way this is a tool but it will not stop. If Oak Hill annexed all the way to our City limit on the right-of-way it wouldn't slow down annexation of property adjacent to it. Councilman Brown feels they have good dialogue with Oak Hill and good relations that they have been building and he feels their meeting together and deciding where to put the line would be a good thing. Councilman Brown made a motion to vote on this tonight and not have a second reading until they have a meeting with the Oak Hill Commission. Councilwoman Lichter included to accept Ord. 2001-0- 53, second by Councilman Vincenzi. The motion CARRIED 5-0. D. 1st Readinq. Ord. No. 2001-0-50. Comprehensive Plan Amendment (small scale) chanqinq the Future Land Use Map from Low Densitv Residential to commercial for 2.42 + acres of propertv located west of US 1 and north of Ranken Drive. pursuant to an approved Development Aqreement dated December 23. 1994. between the city of Edqewater and the Fonqs Councilwoman Lichter asked if this is west or east of U.S. #1. City Manager Hooper stated it is east of U.S. #1. Ms. Plaskett made a staff presentation. City Manager Hooper stated some Council in the past did a developer agreement with a promise to come back and do these other things. This is out of sequence so Council is catching up to what had been a developer agreement. He was told he could get some development rights and put in infrastructure and the City would do things. The things the city agreed to do was change the land use and change the zoning. He has fulfilled his end of the agreement by putting in the infrastructure. Ms. Plaskett informed Council there are no plans for the commercial area right now and listed some of the uses that could go there. Legal Assistant Matusick read Ord. 2001-0-50 into the record. Mayor Schmidt opened the public hearing. George Angleton, 2437 Swordfish Lane, stated Fong started working on the Swordfish extension before the agreement was signed with the Ranken Drive Homeowners Association. Construction was underway before he got a permit from the Council. When it came down to signing the agreement, the Fongs had considered that the depth of that buffer was 25 feet and it was coincidence that it had been changed from 100 or 150 to 25 feet. They have felt like on repeated occasions that they have been had by the Fongs. He can say some good things about the Fongs but their dealings with them have been so questionable. He doesn't want the Council to get rooked by something that they don't know what is coming along the line. Make sure all your I's are dotted and T's are crossed. They are very uncomfortable with anything involving this. He feels the 50 foot buffer helps a lot. He asked the Council to watch their step. Scott Bell, 2813 victory Palm Drive, asked if all this property on Swordfish Lane is now going to become commercial and this guy can come in and put up any kind of business he wants. Ms. Plaskett explained a portion of it is already commercial. They are extending the commercial 100 feet to the east. Page -11- Council Regular Meeting August 6, 2001 '-' """" Mr. Bell asked if all the residential property will remain residential. Ms. Plaskett informed him that is correct. Mayor Schmidt closed the public hearing. Councilman Vincenzi moved to approve Ord. 2001-0-50, second by Councilwoman Rhodes. The motion CARRIED 5-0. E. 1st Readinq. Ord. No. 2001-0-51. Authorizes the rezoninq from R-1 (Sinqle FamilY Residential) to B-3 (Hiqhway Commercial) of 2.43 + acres of property located east of US 1 and north of Ranken Road. pursuant to an approved Development Aqreement dated December 23. 1994. between the city of Edqewater and the Fongs. City Manager Hooper informed Council this is the zoning of just the land use they previously discussed. Legal Assistant Matusick read Ord. 2001-0-51 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Mayor Schmidt asked City Clerk Wadsworth to make sure in the record everthing says east. Councilwoman Rhodes moved to approve Ord. 2001-0-51, second by Councilman Vincenzi. The motion CARRIED 5-0. F. 1st Readinq. Ord. No. 2001-0-52. Amendinq Article I (General Provisions). Article II (Definitions) and Article III (Permitted. Conditional. Accessory. and Prohibited Uses) of the Land Development Code City Manager Hooper made a staff presentation regarding the changes made to the Land Development Code. Staff recommends approval. Legal Assistant Matusick read Ord. 2001-0-52 into the record. Mayor Schmidt opened the public hearing. Paul Jenkins, willow Oak Drive, commented on canopies and what the Committee tried to do with them. Mayor Schmidt closed the public hearing. Councilman Brown feels no repeat violations in five years is excessive. He feels one year between violations is enough. There was further discussion regarding repeat violations. City Manager Hooper explained this came from the Code Enforcement Board looking to try and find a way to streamline. This has been in the Code for a long time. Councilman Brown suggested using two years between violations. City Manager Hooper asked if the Council would like him to poll the Code Enforcement Board and the Code Enforcement Officers and bring something back at their second public hearing on a summary of their position. It was the consensus of Council to do this. Councilman vincenzi asked about it not being written in that the canopies that are existing are grandfathered in. City Manager Hooper would like council to include in their motion if they want language that would grandfather existing and if they want him to make restrictions on permitting ability in the future and to give him direction to change it for the second reading. Councilman Vincenzi asked if they read it in the way it is and then give him direction to modify it. City Manager Hooper informed him that is correct. Page -12- Council Regular Meeting August 6, 2001 ~ ....,; councilman Vincenzi moved to approve Ord. 2001-0-52 and for City Manager Hooper to come back before the second reading with revisions to the canopy section, second by Councilwoman Lichter. The motion CARRIED 5-0. G. 1st Reading. Ord. No. 2001-0-53. Annexinq approximatelY 3.18 miles of US 1 riqht-of-way from the southern corporate limits of the City of Edqewater to the northern line of Ariel Road This item was moved up on the agenda. H. 1st Reading. Ord. No. 2001-0-54. Annexinq that portion of SR 442 between Riverside Drive and the western edqe of 1-95 not already within the corporate limits of the city City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-54 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2001-0-54, second by Councilwoman Rhodes. The motion CARRIED 5-0. Councilwoman Lichter asked if they could at some point during their term look into those areas of u.S. #1 within the corporate limits of the City that are in the County now and see the viability of perhaps taking them within the City. City Manager Hooper informed her they are already looking at part of that. There is a statutory requirement that insider areas they can annex threshold amount and they are preparing to put those together to annex involuntary some of those are that are inside the small enclaves to fill in and the County allows you to do that. I. Res. No. 2001-R-17. Coastal Tire Company appealinq the Planninq and Zoninq Board decision to deny variance requests from sections 21-56.02. 21-54.03 21-50.02. 21-54.04 and associated subsections of the Land Development Code City Manager Hooper made a staff presentation. Staff recommends supporting the majority of his request for a waiver. He further commented on more parking spaces. He and Ms. Plaskett met this afternoon and are in concurrence to recommend to Council that the variance is acceptable. It is really a limitation on the site. He feels they will see a major improvement to the property. Mayor Schmidt asked how many parking spaces they ended up with. City Manager Hooper informed him 53. Councilwoman Rhodes asked how they have the assurance that the improvements will take place. city Manager Hooper informed her because what Council is doing is approving a site and he is coming in with final construction plans and those construction plans have to have it on there or they won't issue a building permit. Councilwoman Rhodes feels they make a big to do about expanding the City and the City growing and having controlled growth and she feels a part of that and a part of Edgewater is the focus on doing what they can to help the businesses that are already here to grow. She would be in favor of this. Councilwoman Lichter asked about the homes at Driftwood Village and if there will be something where a driveway is not shared and where there is safety for those residents. Page -13- Council Regular Meeting August 6, 2001 '-' w Joe Martin, authorized agent for Interlock Enterprises, spoke about the existing driveway at Driftwood Village that is only suitable for one-way traffic plus a fifteen foot wide easement. The people in that park have easement access through that. The actual property underlying that easement off of u.s. #1 is part of Mr. Carwile's property. There is an easement for ingress. Mayor Schmidt expressed concern about the size of the parking spaces. Mr. Martin stated the 9 X 18 dimension is acceptable in the County and it is also the standard size in Daytona Beach. Councilwoman Lichter asked if the new building will be the exact same distance from Hardin Place as the old building. Mr. Martin stated the existing building encroaches into the Hardin Place right-of-way. They will be pulling the new building back five feet further to the south from where the existing building is but that will primarily be used for a sidewalk and landscaping. Legal Assistant Matusick read Res. 2001-R-17 into the record. Mayor Schmidt opened the public hearing. Joyce Brown, 110 Hardin Place, expressed concern with the Fire Department being there. She agrees he needs to fix his building up. She feels environmental should be called in on this. He also has buckets sitting on the roof that has been there at least three years and he does nothing about it. She feels there will be trouble with the fire truck because that is a very narrow street. Councilwoman Rhodes asked Fire Chief Barlow what impact this will have. Fire Chief Barlow stated it will have no additional impact in comparison with the existing building that is there now. Councilwoman Lichter asked Police Chief Ignasiak if he was contacted about the traffic on Hardin Place. She asked what happened with the apparatus they put in. Police Chief Ignasiak stated he did and he has recontacted him personally. They did a survey on the street on several different occasions. The traffic volume there was very low. They investigated backing and parking problems out of the tire store and could not find any. It is their understanding that most of these were seasonal. He told them when the traffic volume picked up again they would come back and revisit that. Those issues were resolved. City Manager Hooper spoke about the traffic on Hardin Place on the Riverside Drive end and a gentleman that has a heating and air conditioning office out of his home and having deliveries made there. He feels there will be more traffic directly on u.S. #1 then on the side street. Mayor Schmidt asked if the entrance on Hardin Place is a necessity. He expressed concern with people coming out of there that want to make a left hand turn to get to the stop sign for u.S. #1. He asked if there is a way to have a main entrance on u.S. #1 and those parking spaces turned to where maybe that exit is a right hand. City Manager Hooper explained it is almost that. He has just enough spacing so when you pull into those parking spaces it gives you room to back in and out. You can get out on Hardin Place but that is all you can do. It is not a free flow traffic anymore. Councilwoman Lichter stated it is hard to vote on something that you don't have in your packet or in front of you. City Manager Hooper stated he has complied with everything they have in their package. The two areas that weren't consistent where staff had recommended no, in the interim he has met their requirements. The motion is to grant the variances and he will now present a site plan for a building permit for his upgrade. Page -14- Council Regular Meeting August 6, 2001 ~ ...", Councilwoman Lichter asked where he will bring the site plan. City Manager Hooper informed her his next step is to bring his site plan and building permit through our normal administrative process. Councilman Vincenzi stated when he brought it through Planning & Zoning it was not this plan that he recommended. city Manager Hooper stated it came as close to what you see as the first plan. He further spoke on the issues Planning & Zoning struggled with. Marsha Litchfield, 108 Hardin Place, expressed concern with the wooden fence. She feels it needs to be something more substantial. City Manager Hooper stated he thinks he is replacing or working on fixing the existing by adding new to it. They will have a conversation about outside tire storage. Mayor Schmidt closed the public hearing. Councilman Vincenzi thinks this is a good opportunity to enhance that building and the property. Councilwoman Rhodes feels it is up to the City to be sure that he does what he says he is going to do. It has potential to become a bigger mess than it already is. City Manager Hooper agreed to work with him to monitor that. Councilman Brown moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. CONSENT AGENDA A. Planninq and Zoninq Board A?pointment(s) - Councilmen Brown and Vincenzi respectively. to consider Board's recommendation to appoint Kristine Pluscec and Anton Heeb to complete the terms of Pete Hellsten and Michael Youkon who no lonqer live within the city limits Councilwoman Rhodes moved to approve the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS A. Tree Permit for Removal of Historic Live Oak Tree - Dahl Builders and San Remo Investments requestinq a Tree Permit to remove one 39 % inch historic live oak tree from their property that is within the foot print of a proposed dwelling Building Official Dennis Fischer made a staff presentation. Councilwoman Rhodes asked how far the house would be from the high water mark. Mr. Fischer estimated approximately 75 feet. Mr. Fischer informed Council of the recommendation of Joe Waller who is the Arborist for Volusia County. City Manager Hooper stated they could let the house be closer to the water or move the house back. He went and looked at the property and feels once you do anything to get access past the tree, it probably won't survive. Dominic Caputo, owner of the property, commented on trying to work around the tree. He would like to work with the City on replanting trees or doing something else that could offset the tree on that particular lot. Councilwoman Lichter asked if the alternative is if the tree comes down, so many trees have to be planted. Mr. Fischer informed her that is correct. He would have to replant 16, 2 ~" hardwood trees. Page -15- Council Regular Meeting August 6, 2001 '-' ...,., Councilwoman Lichter asked about the lot size being small and having a problem where to put that many trees without blocking his view of the river. Mr. Fischer explained he has two options, to either replant 16 trees or pay a fee to the City's tree fund or any combination thereto. The replacement fee would be $2,300. City Manager Hooper stated if you bought 16 trees with that diameter it would be about the same amount of money. City Manager Hooper spoke about this ordinance not being in the city's control. He further spoke about minimum environmental standards with regard to specimen trees and historic trees. Mayor Schmidt asked Mr. Caputo if there is any thought to planting some trees back on the property. Mr. Caputo stated he is open to anything. He would like to work with the Council on coming to a happy medium. He informed Council he has a picture of the house he is going to build. Mayor Schmidt asked how big a tree can be to transplant. City Manager Hooper stated they can come up in six and eight, that is about the biggest and have any real success to it. He informed Council what they are after is that diameter replaced with that diameter. city Manager Hooper recommended that Council take the money and replace the trees on public property. Councilwoman Rhodes stated if it is his money why can't he make the decision. City Manager Hooper stated he gets the choice but he feels that is easier and probably going to be easier for him because he is going to have his hands full. Councilwoman Lichter stated she has looked at that lot and you won't be able to build a house without taking the tree down. She thinks they have to make the assumption that the tree has got to come down. He is going to have to decide himself if he wants to put any in front of that house or if he could fit anymore on the side. She would let him make that decision and what is left she would be very obliged if he wished to put money in the tree fund. Mr. Caputo explained why he voluntarily incorporated this lot into the city. He spoke about Ms. Plaskett and Mr. Fischer being excellent to work with verses working with the County. He really doesn't want to put $2,400 into a fund where the trees may never get planted but he is willing to bargain with the Council to come up with a happy medium. Councilwoman Rhodes stated obviously the tree has to come down and the codes have to be adhered to. They are leaving the decision up to Mr. Caputo. Mr. Caputo questioned mediating the amount of money that can be put into the fund. City Manager Hooper stated the number he came up with is the cost he thinks 16 oak trees would cost to replace. Councilwoman Rhodes told Mr. Caputo if he could find 16 oak trees at 2 ~ inches for less than that, she suggested he do that. Mr. Caputo stated he is asking for some relief from that. Councilwoman Rhodes stated so, in addition to the tree being cut down, what Mr. Caputo is asking for is not to replace the trees. Mr. Caputo stated he is not asking not to replace them. Councilwoman Lichter stated he is looking for a compromise. She puts her full trust in City Manager Hooper and Mr. Fischer to work this situation out. Councilman Vincenzi and Councilwoman Rhodes feel they need to work it out now. Page -16- Council Regular Meeting August 6, 2001 ..., ...." Councilwoman Rhodes stated what she has in front of her asks for no relief. Mr. Caputo stated he would pay the money tomorrow. City Manager Hooper stated the Council has to authorize one of these three methods of either tree replacement, pay into the fund or a combination of. The Council is trying to work with Mr. Caputo. They don't know what he wants. Councilman Vincenzi asked Mr. Caputo what he wants to do. City Manager Hooper again went over the choices. Mr. Caputo stated he is here trying to get some relief from the $2,400 because it will cost him $5,000 to take the tree down. City Manager Hooper stated that is what the Council is asking. He informed Mr. Caputo he needs to tell the Council what he wants. Mr. Caputo would like to pay $1,500 tomorrow. Councilman Vincenzi asked how much the house is worth. Mr. Caputo asked if they knew how many trees are on the property to start with. Councilman Vincenzi stated this is the cost of doing business. Mr. Caputo then stated he would pay it all. City Manager Hooper informed Council they would need to make a motion to approve acceptance granting the cutting down of the trees. Councilwoman Lichter stated she doesn't know that it is her role to negotiate deals. She thought they were here for the concept of if he can take the tree down. This is only the second time that this kind of situation has come up and that is why she felt a fair and equitable decision might be worked out between the City Manager and Mr. Fischer. Mr. Caputo stated the ordinance calls for it to be resolved. Councilwoman Lichter stated it will be resolved but they don't have a recommendation on it. City Manager Hooper informed her yes they do. Councilwoman Lichter stated she doesn't feel like negotiating the sum sitting there. Councilwoman Rhodes stated the recommendation is that the tree not be cut down. She doesn't feel a tree is as historical as it should make a property valueless. City Manager Hooper stated action requested is allowing him to take the tree down and pay money to the fund. Councilman Vincenzi asked how much the amount of money is. City Manager Hooper informed him $2,300. Councilwoman Rhodes moved to permit the tree to be removed and that the ordinances be adhered to that he replaces the tree or pays the money, whichever is his pleasure. City Manager Hooper asked in equivalent of the $2,300 or equivalent of the 16 trees. Councilman Vincenzi seconded the motion. The motion CARRIED 4-1. Councilwoman Lichter voted NO. B. Purchase and Sale Agreement - requestinq approval of Aqreement between the Countv of Volusia and city of Edqewater for the property commonly known as Consolidated Pre-Stressed Concrete (64+ acres) Page -17- Council Regular Meeting August 6, 2001 ,..... 'WI' ~ . City Manager Hooper made a staff presentation. staff recommends approval. He requested that this be annexed prior to the purchase sale closing. The County has taken that as a view of forcing someone to do something. At this point it is to be annexed, but it is to be annexed so many days after the closing. Councilwoman Lichter asked if this is not tied in if they vote positive for this with taking in up to Ariel Road. City Manager Hooper explained this is north of Clinton Cemetery Road and Old Jones Road. There has never been any discussion of having any annexations stop short of this. He would be adamantly opposed to that. This also includes the area they have been talking to the County to on the joint service area and joint planning area agreement. Councilwoman Rhodes asked how long the county has had this property. City Manager Hooper stated a two to three year period. They paid $2.4 million for it and invested $700,000 in the seawall. Councilwoman Rhodes asked what could be placed on this site. City Manager Hooper informed her at this point it is an industrial piece of property. It will take a land use and a zoning change to do what you see here. He spoke about why he has a strong opinion that industrial property on waterfront makes no sense. Councilwoman Rhodes asked about a marina. City Manager Hooper spoke about it being extremely difficult to have a public marina or any true access into it. Councilwoman Lichter feels with the newer restrictions on marinas and those that are being tightened it would almost be impossible to have a normal commercial marina there. Councilwoman Rhodes stated she was told that this is the last piece of property on the Intracoastal Waterway in the state of Florida. City Manager Hooper stated that is not true. Councilwoman Rhodes feels for it to be a residential area you are just expanding our residential tax base. If it was a business, would that not be beneficial to lowering the tax rates for the citizens who currently live here. City Manager Hooper spoke about two kinds of residential development. City Manager Hooper spoke about the concern of Boston Whaler that by making it residential people may complain about the boats. There were no further questions from Council. Councilman Brown made a motion to enter into the Purchase and Sale Agreement, second by Councilwoman Lichter. The motion CARRIED 5-0. C. Community Redevelopment Aqencies (CRA) - discuss consistent treatment of CRAs throuqhout Volusia County - information not complete at time of aqenda. draft position paper will be presented at Council meetinq City Manager Hooper informed Council the City Managers and Mayors met and presented their issue paper to the County Chairman and at that point everyone has agreed to wait and it has been rescheduled and moved back until October. The subject is equal treatment for CRA's and how the CRA's are expanded. There will be a resolution and a paper coming to Council describing how that will be done in the very near future but there is nothing for tonight. Page -18- Council Regular Meeting August 6, 2001 ....,.. .,., OFFICER REPORTS city Clerk Find name for FIND City Clerk Wadsworth informed Council there will be an article in the newsletter for naming the FIND property as well as available for people to come in. Name for votinq deleqate for F.L.O.C. City Clerk Wadsworth informed Council she needed a voting delegate for the FLOC conference at the end of August. Councilwoman Lichter made a motion that Mayor Schmidt be the voting representative at the FLOC meeting, second by Councilwoman Rhodes. The motion CARRIED 5-0. City Clerk Wadsworth informed Council that qualifying for the Mayor and four City Council seats will be opening August 27th at 9:00 a.m. until September 6th at noon. City Clerk Wadsworth informed Council she went with the Volusia Day people and right now they are still in the planning stages. They are waiting to hear from Tallahassee regarding what the date is going to be. They are shooting for some time in February. Legal Assistant Matusick had nothing at this time. City Manaqer 1) Reminder- cancelinq meeting of Auqust 20. 2001. due to Council's vacation schedules City Manager Hooper stated three weeks ago they had a presentation to a major property acquisition coming to look for property for a regional distribution center. He stated Mayor Schmidt put together a tremendous presentation that was held at Edgewater Landing. We are in the final two and it is looking very good. He hopes to have some good news for Council coming up in the near future. He has been talking more and more to them and it is an area out by 1-95 and SR 442. He told Mayor Schmidt he did an excellent job. Mavor Schmidt informed Council there is no meeting on August 20th. 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 11:05 p.m. Minutes submitted by: Lisa Bloomer Page -19- Council Regular Meeting August 6, 2001