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07-16-2001 - Regular ..... ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 16, 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 June 18, 2001 Councilwoman Lichter moved to approve the June 18, 2001 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS A. Police Chief Mike Iqnasiak to introduce the City's new Chaplin, Pastor Tim McCardel Police Chief Ignasiak introduced Pastor Tim McCardel as the City's new Chaplin. Pastor McCardel gave a short acceptance speech. He considers it a privilege and honor to do this. Mayor Schmidt thanked him for taking on that responsibility. B. Update of July 4, 2001 activities by Steve Cousins, Volunteer Firefiqhters Association Due to Steve Cousins being out of town, Don Jones made the presentation. Mr. Jones thanked the Mayor, Council and citizens of Edgewater for their support of this year's 4th of July activities. This year was a great success, the most successful in year's past and it went very smoothly. He thanked Parks and Recreation and Public Works for help with the clean up. He also thanked the Police Department. He commented on the lighted parking lots at Lamont and Palm Way. He also spoke about the portable restroom facilities. Mr. Jones stated they are going to be working on some suggestions they have gotten from citizens and various departments within the City. They are hoping to expand things next year and make it better each year. Councilwoman Lichter stated she hopes the parade route can be longer. Mr. Jones stated they didn't directly coordinate the parade but next year they hope to be more involved in a joint cooperative effort and maybe have it start in New Smyrna and end in Edgewater. ~ ~ Mayor Schmidt spoke about the parade route starting by the movie theater and go down US 1 to Park Avenue making a left onto Park Avenue. They are working on some ideas once it gets to Park Avenue. He feels the permitting for US 1 shouldn't be a problem. Mayor Schmidt commented on having more trash cans between both parks. Councilwoman Rhodes stated she and Mayor Schmidt went around and spoke to the residents of Riverside Drive to see how they felt about the 4th of July. One of the things that came up was that they don't like having to park their car away from their house and being brought by a golf cart to their house. She asked if they could work on that and see if there is a way to resolve that, such as having local resident traffic only. Councilwoman Rhodes spoke about children setting off fireworks In the middle of Riverside Drive and people all around them. She spoke about having a designated area where they could set off their fireworks. Mr. Jones stated that is something they noticed as well and are going to address. Mr. Jones spoke about the positive feedback they have received regarding the entertainment at Menard May Park. That lS something they are planning on doing again next year. City Manager Hooper spoke about first time regarding parking on have any complaints this year. positive. the signs they put up for the Riverside Drive. They didn't He feels it came off very Councilwoman Lichter feels more trash cans would be important and suggested children decorate them. CITIZEN COMMENTS Ferd Heeb, 115 N. Riverside Drive, thanked the Council for listening to the residents of Riverside Drive. He thanked City Manager Hooper, Police Chief Ignasiak, Fire Chief Barlow, Parks and Recreation Director Jack Corder and all of the volunteers that worked on the 4th of July celebration. He feels it demonstrated what can happen when you have organization and planning. The people he spoke to on Riverside Drive were very pleased with the way things went. Mike Visconti, 316 pine Breeze Drive, spoke about City Hall remaining at this location. He was very disappointed to hear this. He was a member of the Committee that looked for a new location for City Hall. He listed the sites recommended by the City. He spoke about changes that have taken place since the Committee met. He spoke about the growth of Edgewater going south. He feels the City should look at the McAllister property for a new City Hall and the Police Station and possibly a Fire Station if they sell the station on US 1. He spoke about having four acres at this site. He feels a City Hall must be build and done right. He spoke about Port Orange. He spoke about renovating this building and dividing into small boutiques and possibly a restaurant and tying it in with the Park across the street. He feels a new City Hall is a must and the future is in the Council's hands. He urged the Council to use good judgement, do what is right and do what is just for the City of Edgewater. Ed Keenan, 1905 pine Tree Drive, disagreed with Mr. Visconti. He spoke about buildings he seen in Europe that he hasn't seen in years that have been built up. He feels they could do that. He spoke about the City having eminent domain if they need more parking and going up to the Water Tower. Page -2- Council Regular Meeting July 16, 2001 'lW ....., Mr. Keenan spoke about the beautiful view here and not disturbing the residents on Riverside Drive. He feels if they go up on US 1, down towards McAllister's property is very nice but the City will have to make it beautiful and that costs a lot of money. He feels the taxpayers of this City are more important than being a beauty contest. Doris Hill, 112 Lincoln Road, disagreed with Mr. Visconti. She feels this property should be used by all of the people of this City. She questioned this property being a gift to the City. City Manager Hooper informed her that is correct. They are used to City Hall being here. She feels to put a restaurant here you are commercializing it and one entity is going to be capitalizing on this piece of property. This belongs to the people of this City and she doesn't feel it would be wise to move it. City Manager Hooper stated what the Council authorized at their last meeting was some analysis and study. They previously authorized some study across the street to determine whether that park could be expanded and how it would be expanded and geared it predominantly towards a water oriented fishing type park. At the same time they authorized a space study regarding how big City Hall will have to be with regard to how many floors and square feet and would it fit here over a twenty or twenty-five year period and for that to come back to Council. The property we own today it won't fit. There is going to be some acquisition of property even if it stays here. At this point, the Council hasn't declare this is the site. They have asked that a footprint and a rendering of a building be designed so they could see what it would be and if it would fit here. The study is due to come back to Council in November or December. Dominic Capria, 606 Topside Circle, stated they were supposed to check into, since this was donated land, if they can legally sell it without it reverting back to the owners who would go to someone else. He questioned if that has been checked out. City Manager Hooper stated they have checked and found no restrictions to the deed. It was a gift that was given to the City. CITY COUNCIL REPORTS Mayor Schmidt stated he was approached by a resident, regarding some Code Enforcement issues, who took some pictures of examples of some of the property in Edgewater. She was not happy with some of the responses she got from Code Enforcement. He suggested a courtesy notice be given. Councilman Brown had nothing at this time. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter spoke about being Chairman for Permits, Compliance and Conservation for the Water Alliance. Steve Kintner, Volusia County Environmental Chairman, was the speaker. He has been instructed by the County Council to write a landscape ordinance. The County Council is getting very serious about the water situation. Councilwoman Lichter spoke about an article in the newspaper on July 13th regarding a notice of Volusia County Comprehensive Plan change. She referred to a map that she feels hardly represents Edgewater. Half of Edgewater that is on the Indian River from SR 442 on is not included. She questioned if this legal document becomes a hassle because the map is not correct. She suggested Planning Director Lynne Plaskett look at it and possibly write them a letter. Page -3- Council Regular Meeting July 16, 2001 ~ ~ Councilwoman Lichter spoke about a complaint regarding the bathrooms at the shuffleboard club not being in the best shape and not working properly. Councilwoman Lichter complimented Bob Garthwaite who is the chairman of Planning and Zoning. She attended their meeting last week. She feels he handled the meeting in a professional manner. She spoke about some of the members being verbally attacked by a few of the participants in the audience. She commented Mr. Garthwaite and the Board for the way they handled themselves. Councilwoman Lichter stated since they are fixing and repaving the southern part of US 1, there is still an existing situation. When you are heading south and you want to make a left turn to come back and head north on Roberts Road there is no sign indicator such as an arrow so you have to wait for the light to turn green and then they are coming full force at you from the south. She wrote them a letter a year ago asking if they could do that and they said they would when they fixed the road. Mayor Schmidt spoke about the left hand turn lane and asked if it is going to be put in during this construction. Right now they can't put an arrow because there is no turn lane. Councilwoman Lichter feels this shouldn't wait another year because that is a very dangerous thing. City Manager Hooper agreed to check. Generally those are two different contractors. What you see today is strictly resurfacing. The one Councilwoman Lichter lS talking about what supposed to be done with intersection improvements with sidewalks to go in. As far as he knows, that is still about eight or nine months out. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Readinq, Ord. No. 2001-0-44, annexation of 37.7+ acres located west of US 1 and south of Omni Circle, a Dortion of the Edqewater Lakes DeveloDment (Mark Wallschlaeqer owner) City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-44 into the record. City Manager Hooper spoke about the people at the Planning and Zoning Board meeting that were most angry being the Omni Circle residents and it got out of control. They will have a uniformed deputy present for that hearing. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2001-0-44, second by Councilman Brown. The motion CARRIED 5-0. B. 2nd Readinq, Ord. No. 2001-0-45, annexation of .34+ acres located between US 1 and the Indian River on Swordfish Lane (Earl and Marlorie Gentrv owners) City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-45 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2001-0-45, second by Councilman Brown. The motion CARRIED 5-0. Page -4- Council Regular Meeting July 16, 2001 "W ..., C. 2~ Readinq, Ord. No. located at 1020 and 1024 patricia Johnson owners) 2001-0-46, annexation of 1.72+ acres Flyinq M Court (David Heyburn and City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-46 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2001-0-46, second by Councilman Vincenzi. The motion CARRIED 5-0. D. Res. No. 2001-R-13, 2001-R-14 and 2001-R-15, pertaininq to City of Edqewater deedinq propertv to FDOT for canal maintenance and qrantinq perpetual easements for drainaqe conveyance system construction and maintenance associated with the SR 442 wideninq prolect City Manager Hooper made a staff presentation. Legal Assistant Matusick read Res. 2001-R-13 into the record. Mayor Schmidt asked if they have to also read Res. 2001-R-14 and 2001-R-15 into the record. City Manager Hooper informed him no. He suggested they site when the approval is, which is covering all three which are the same project for the properties. Councilwoman Lichter asked about the property west of the Library. City Manager Hooper informed her it will be used for parking at DOT's cost because of parking that will be taken from the Library with the widening. Councilwoman Rhodes moved to approve Resolutions 2001-R-13, 2001- R-14 and 2001-R-15, second by Councilwoman Lichter. E. Res. No. 2001-R-12, modifyinq and replacinq security procedures currently beinq utilized for absentee ballots City Manager Hooper made a staff presentation. Legal Assistant Matusick read Res. 2001-R-12 into the record. City Clerk Wadsworth stated most of the cities in the uniform election do not handle their absentee ballots, the County does. In the past the Council has always asked her to do it so if they have any changes to let her know. Councilwoman Lichter feels it is a plus that they offer that to the citizens. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Res. 2001-R-12, second by Councilman Vincenzi. The motion CARRIED 5-0. F. Res. No. 2001-R-16, proclaiminq Primary Election date as October 9, 2001, and General Election date as November 6, 2001; declarinq September 10, 2001 as the closinq of voters reqistration books for the Primary Election and October 8, 2001 as the closinq of voters reqistration books for the General Election; and declarinq Auqust 27, 2001, 9:00 a.m. the beqinninq of qualifyinq for the Mayor (4 year term), District 1 (4 year term), District 2 (2 year term), District 3 (4 year term) and District 4 (2 year term) with qualifyinq endinq on September 6, 2001, 12:00 noon City Manager Hooper made a brief staff presentation. Page -5- Council Regular Meeting July 16, 2001 '-' ....., Legal Assistant Matusick read Res. 2001-R-16 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter feels it should be noted this is a four year term for the Mayor and two of the Council districts and a two year term for the other two because this is the first election year that the new Charter with staggered terms is being instituted. After that there will be four years term for all and they will be staggered. This was put into the new Charter revision because of the thought it would add stability to the City. Councilwoman Lichter moved to approve Res. 2001-R-16, second by Councilman Vincenzi. The motion CARRIED 5-0. CONSENT AGENDA A. Water and Wastewater Improvement Prolect - staff recommendinq approval of Chanqe Order #3 (Final) with proqressive Contractors for improvements related to Airpark Road/Park Avenue and Massev Ranch Boulevard/Skvwav Drive for a reduction of $54,915.12 from the total contract amount of $1,073,876.88 B. Construction Requlation Board Appointment - Mavor Schmidt to consider Board's recommendation to reappoint James E. Tindall for another 3-vear term Councilwoman Rhodes moved to accept the Consent Agenda, second by Councilman Brown. The motion CARRIED 5-0. OTHER BUSINESS A. Waterway Park Subdivision Water Distribution System - staff recommendinq approval of Work Order #5 with Ouentin L. Hampton Associates, Inc. for potable water distribution system enqineerinq desiqn, contract administration and resident prolect inspection services at a cost not to exceed $83,605.00 City Manager Hooper made a staff presentation regarding Work Order #5. Councilwoman Lichter asked the status of the people that voted against it. City manager Hooper stated they will have an assessment placed against them, they will be paying the assessment, there will be a connection and a meter set. If they chose not to hook up, they won't have to connect to the water but they will be paying for the water availability, the meter and they will be paying a minimum water bill. Councilman vincenzi moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. B. Renaminq FIND Prolect Waterway Industrial Park - for City Council discussion Councilwoman Lichter questioned if they should throw the ball to the Economic Development Board. She suggested Edgewater Heights Industrial Park. Councilwoman Rhodes feels it will be confusing with Waterway Park to name it Waterway Industrial Park. She suggested Park Way since it is on Park Avenue. Mayor Schmidt stated he doesn't have a problem with Waterway Industrial Park. Page -6- Council Regular Meeting July 16, 2001 '-w' 'ttI/IIf Ms. Hill suggested Hospitality Heights. City Manager Hooper asked the Council if they want to wait until after they buy it. Mayor Schmidt asked about a naming contest in the newsletter. City Manager Hooper feels this is a good idea. He agreed to bring this back. C. Settinq of Millaqe Rate - staff recommendinq approval to advertise the millaqe for fiscal year 2002 at 5.95 mills City Manager Hooper made a staff presentation regarding the changes made to the budget. Staff recommends advertising the millage at the current rate of 5.95 mills. Councilwoman Rhodes moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick had nothing at this time. City Manager Hooper had nothing at this time. Councilwoman Rhodes informed the students from DBCC that the meeting never goes this way. It is never this quick or this easy. CITIZEN COMMENTS Linda Combs, Daytona Beach Community College, stated she brought her Speech Class to observe public speakers. Councilman Vincenzi informed her if they want to see something exciting they need to go to a County Council meeting. Doris Hill, 112 Lincoln Road, stated she is very interested In the Golf Course. She was at the Planning and Zoning Board meeting and the four major objections were the impact on the school systems, the loss of privacy by the abutting neighbors, the size of the lots, which are too small and the impact on the water consumption. Ms. Hill feels the Golf Course is gOlng to be a good development for the City. Mike Visconti, 316 pine Breeze Drive, asked if we have a color code for painting buildings. He feels we should. Councilwoman Lichter stated at this point we do not delegate, regulate or dictate taste. Councilman Brown spoke about an Oak Hill Commission meeting he attended. Gus Beckstrom brought up to the Commission how much help our City has given to the Police Department down there. He wanted to express his thanks to the Chief and the City for the quality aid we have given to them. City Clerk Wadsworth has also helped their new City Clerk and they wanted to say thank you. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:10 p.m. Minutes submitted by: Lisa Bloomer Page -7- Council Regular Meeting July 16, 2001