Loading...
06-18-2001 - Regular " ~ '-' CITY ...., COUNCIL OF EDGEWATER REGULAR MEETING JUNE 18, 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 Mav 7. 2001 Councilwoman Lichter moved to approve the May 7, 2001 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS PROCLAMATIONS CERTIFICATES DONATIONS A. Detective David Arcieri Ed ewater criminal Investi Division reco nized for winnin Volusia Count's crime Officer of The Year Award police Chief Ignasiak presented David Arcieri with a plaque. Mr. Arcieri said thank you and stated he doesn't think he did anything that anybody else in his position wouldn't have done. Mayor Schmidt thanked Mr. Arcieri for representing the city. He asked if he now moves up to National. police Chief Ignasiak stated the state. to Sondra Pen ov and Carl Messer ril 18 1989 tember 29 1978 outstandin Mayor Schmidt presented Carl Messer with a plaque for his 23 years of service with the city and a gift certificate from Sears. CITIZEN COMMENTS Barbara Valentino, 2830 Orange Tree Drive, asked what is going on with the reclaimed water. She commented on the reclaimed water watering restrictions. She further spoke about a warning her husband received that he was watering on the wrong day. It was on a Thursday and they live at 2830 so this is the right day. She spoke about an article in the News Journal on June 16th that listed different days for watering. She asked why there isn't any proper communication and how are they supposed to water and when not to water. She spoke about going anywhere in Florida Shores any time of the day and she sees sprinklers going and nobody is getting warnings. She really wishes someone would get their act together and let the citizens know when they can water and when they can't water and why are only certain people getting warnings. . \ .'w' """'" city Manager Hooper commented on expanding the reclaimed system to put more water into the system. Purple sheets with the correct information are being handed out to individuals, the Library and other public places. Inadvertently, the one that appeared in the newspaper was in error. They changed by ordinance to match the Water Management District, the county and the cities all to be the same to avoid some of the confusion. They are looking throughout the city for people that are watering when they aren't supposed to and putting warnings on their doorknobs. The Edgewater ShoreLines will be going out tomorrow that has the approved dates that have been adopted by ordinance. He apologized for any confusion. Ms. Valentino asked about the renters that don't get the newsletter. city Manager Hooper stated that is part of what they are trying to do with the warning is give them that information. They are going up with the purple sheet and putting that on doors where they are having some problems. The city doesn't have an address system that goes directly to renters. Our utility system is what we based our mailing addresses on for the ShoreLines which are all property owners. councilwoman Lichter stated the pennysaver might help in terms of renters. Mayor Schmidt expressed concern about her getting a warning at 8:03 p.m. city Manager Hooper stated that is probably because they have so many different people that they have authorized to do the warnings. councilwoman Lichter asked if they have had a workshop. city Manager Hooper commented on a workshop that was held today. councilwoman Lichter was talking about the people that have picked up enforcement that did not do enforcement before. city Manager Hooper stated yes, the staff has. He feels the ShoreLines going out tomorrow will help. Ms. Valentino commented on the time being from 5:00 p.m. to 9:00 p.m. councilwoman Lichter stated well water is two days a week and reclaimed water is three days a week. Ms. Hill stated how is anyone supposed to know that. city Manager Hooper stated it goes in the ShoreLines and has been advertised. They have tried to do everything they can do to get it out. Ms. Hill stated how is Code Enforcement supposed to know? Do they know who is on two days and who gets to water three days? city Manager Hooper informed her yes. city Manager Hooper stated the hours are 4 a.m. to 8 a.m. and 5 p.m. to 9 p.m. Even addresses are on Thursdays and Sundays only for city and well water. Odd addresses are on Wednesdays and Saturdays only for city and well water. Ms. Valentino asked if they are going to take her warning off the record then. city Manager Hooper agreed to take this off the books. Mayor Schmidt asked Jean Morgan from the News Journal to make sure this gets in the newspaper. councilwoman Lichter commented on the difference in the watering schedule between reclaimed water and city and well water. Mike visconti, 316 pine Breeze Drive, stated that since Roberts Road was closed for three days more people have found a short cut through Meadow Lake. They had over 300 cars go through Meadow Lake in those three days. He asked Council to look into it. He asked council to please do something about it and alleviate the traffic going through their subdivision. Page -2- council Regular Meeting June 18, 2001 , l '-' ""'" Mayor Schmidt asked if there is anyway to put the Smart Kart in Meadow Lake and actually get some traffic numbers to see what the traffic counts are in there. police Chief Ignasiak stated he would take a sampling survey and they would get it on three different times at three different locations on different dates and they could get the traffic counts on the volume going through and he would report back. city Manager Hooper stated they did that prior to the closing based on Mr. visconti's last comments. They set it up and the numbers were extremely low of cut through. He feels it is appropriate to look at it again. Anton Heeb, 616 N. Riverside Drive, spoke about the traffic on Riverside Drive. He stated they have seen our police force using traffic counters, radar guns and even police cars parked at strategic points and even presenting traffic violations to the violators. His purpose is to thank the council and police Department for the considerations they have given their concerns about the traffic on Riverside Drive. It is not their intention to discourage any of our residents or citizens from using their scenic route but to reduce the flow of heavy and unnecessary traffic. He would imagine during the winter time they will have another great flow of traffic. He spoke about the population growth in Edgewater. Their concerns are that Riverside Drive not become an alternate highway to u.S. #1. He expressed concern with planning coming after the growth, not before. He thanked council for the efforts they have made so far. Dick Jones, 1530 Sabal Palm Drive, spoke about seeing seven people from his address to Winn Dixie with their automatic sprinkler systems on after we had a very heavy downpour. He stated he was under the impression no one was grandfathered in any longer that could get away without having the rainwater detection system. He thinks this program needs a lot more emphasis and a lot more management than people are thinking. He feels if they are going to have a law on the books it needs to be enforced. Mr. Jones spoke about being against moving city Hall from this location. He has changed his position on that and would like to see City Hall along with the police Department out on U.S. #1. Mayor Schmidt asked about the sensors on sprinkler systems and these being automatically put in on new sprinkler systems. He asked if that is something the Building Department looks at before final inspection is done. city Manager Hooper stated it is on new houses or if you come in and permit an existing to upgrade. It is really being caught on the new houses. Councilman Vincenzi asked if there is a stipulation about older systems having to be upgraded by 2002 or 2003. city Manager Hooper stated not that he is aware of. He agreed to speak to Mr. Fischer about this. Councilwoman Lichter stated the ones they received from the Water Alliance are a bit dangerous to put in. They involve an electrician and they are outside. Mr. Wadsworth has been a little reluctant to push those and is looking into something else. She has an older model sensor on hers that does work. Unless you manually turn it off the ground probably wasn't soaked enough by those days of rain to activate it. CITY COUNCIL REPORTS Councilwoman Rhodes had nothing at this time. Councilwoman Lichter stated she has been appointed Chairperson of Permits, Compliance and Conservation of the Water Alliance. Deborah Green is in charge of conservation for the Water Alliance. Page -3- council Regular Meeting June 18, 2001 '-' ....., Councilwoman Lichter spoke about the showerhead exchange from 9 a.m. to 1 p.m. this morning. Ms. Green was here with plants to plant that don't take excessive water. Ms. Green can also give, if the City wants, workshops. Councilwoman Lichter spoke about Mosquito Lagoon and some misinformation being given out about Manatees and the laws that are going into effect. She spoke to Carrie Stewart who is in charge of the Indian River Task Force. Right now nothing applies to Volusia County, they are talking about Brevard County. She recommended they have Steve Kintner come and speak to them on environmental services in the river. councilwoman Lichter spoke about an article in the newspaper about the archaeology dig which they pledged $5,000 for did receive the $65,000 from the State and Dot Moore mentioned how happy she was that Edgewater is now involved and they will be doing some digging here. Mayor Schmidt had nothing at this time. councilman Brown stated he has had quite a few good comments on the city employees, especially the hours being changed. He feels the City is going all out to help the people. Councilman Brown spoke about seeing the police more and more out on the streets. It gives some of the older people a sense of security. He congratulated Chief Ignasiak for doing that. Councilman Vincenzi stated his wife and son have commented that the police officers drive by and wave quite a bit. Councilman Vincenzi spoke about being disappointed that the newspapers are playing up New Smyrna Beach a lot and underplaying Edgewater and not advertising that we are going to have activities down here. councilman Vincenzi stated he was thinking about SR 442 and felt maybe Mike visconti could get involved. He has seen in different areas where there are five-lane roads where they have every couple of blocks little pedestrian islands with plants. He feels this breaks up the runway effect. He contacted City Manager Hooper this week and feels he got a positive response. City Manager Hooper stated when they start the work there will be some of those. After they are in place he thinks the opportunity to work with DOT is going to increase on the street as well as off. He spoke about a meeting he and Mayor Schmidt had with them the other day. They are working with us to make it as aesthetically pleasing as they can. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS Items A through GG are related to transmittal of the updated Comprehensive Plan. Items A through GG will be read into the record as a group and the public will be asked to address any specific area of concern. A single motion will be requested to approve and transmit items A through GG. A. 1st Readinq, Ord. No.2001-0-09, amendinq the official Future Land Use Map to include 85.39 acres of propertv located at DBCC, 940 10th Street, as Public/Semi-Public with Conservation Overlay to reflect annexation. B. 1st Readinq, Ord. No. 2001-0-10, amendinq the official Future Land Use Map to include 37.98 acres of property located at st. Gerards Church, 3171 S. Ridqewood Avenue, as Public/Semi-Public with Conservation Overlay to reflect annexation. C. 1st Readinq, Ord. No. 2001-0-11, amendinq the official Future Land Use Map to include 13.72 acres of property located on the east side of US1 north of Sea pines Memorial Gardens as Commercial with Conservation Overlay to reflect annexation. Page -4- council Regular Meeting June 18, 2001 'W' ...", D. 1st Readinq. Ord. No. 2001-0-12. amendinq the official Future Land Use Map to include 19.18 acres of property located at the Ranken Subdivision between US1 and the Indian River as Low Densitv Residential. Commercial with Conservation Overlay to reflect annexation. E. 1st Readinq. Ord. No. 2001-0-13. amendinq the official Future Land Use Map to include 8.26 acres of property located on the north and south side of Palm Breeze Drive between US1 and Riverside Drive as Low Densitv Residential. Commercial with Conservation Overlay to reflect annexation. F. 1st Readinq. Ord. No. 2001-0-14. amendinq the official Future Land Use Map to include .76 acres of property located on the west side of US1 west of 28th Street (storch Property) as Commercial to reflect annexation. G. 1st Readinq. Ord. No. 2001-0-15. amendinq the official Future Land Use Map to include 2.56 acres of property located at 2913 and 2915 SR 442 as Low Densitv Residential with Conservation Overlay to reflect annexation. H. 1st Readinq. Ord. No. 2001-0-16. amendinq the official Future Land Use Map to include 7.85 acres of property located on the northwest corner of Hide Awav Lane and SR 442 as Low Densitv Transition with Conservation Overlay to reflect annexation. I. 1st Readinq. Ord. No. 2001-0-17. amending the official Future Land Use Map to include 89.91 acres of property located on the north side of SR 442. west of Lvbrand Avenue (Citrus Grove) as Mixed Use with Conservation Overlay to reflect annexation. J. 1st Readinq. Ord. No. 2001-0-18. amendinq the official Future Land Use Map to include 45.00 acres of property 3315 SR 442 (Water Treatment Plant) as Public/Semi-Public to reflect annexation. K. 1st Readinq. Ord. No.2001-0-19. amendinq the official Future Land Use Map to include 1.55 acres of property located on the southwest corner of pine Dale Road and SR 442 as Low Densitv Residential to reflect annexation. L. 1st Readinq. Ord. No. 2001-0-20. amendinq the official Future Land Use Map to include 22.32 acres of property located on the west side of S. Airpark Road from SR 442 to 22nd Street as Low Densitv Transition. Public/semi-Public with Conservation Overlay to reflect annexation. M. 1st Readinq. Ord. No. 2001-0-21. amendinq the official Future Land Use Map to include 69.96 acres of property located alonq south side of SR 442. west of S. Airpark Road. east of Old Mission Road as Mixed Use with Conservation Overlay to reflect annexation. N. 1st Readinq. Ord. No. 2001-0-22. amendinq the official Future Land Use Map to include 10.00 acres of property located on northwest corner of Oak Trail. western most end of Oak Trail as Low Densitv Transition with Conservation Overlay to reflect annexation. O. 1st Readinq. Ord. No. 2001-0-23. amendinq the official Future Land Use Map to include 102.45 acres of property located south of SR 442. west of Oak Trail as Low Densitv Transition with Conservation Overlay to reflect annexation. P. 1st Readinq. Ord. No. 2001-0-24. amendinq the official Future Land Use Map to include 4.69 acres of property located at 3220 SR 442 as Commercial to reflect annexation. Q. 1st Readinq. Ord. No. 2001-0-25. amendinq the official Future Land Use Map to include 69.15 acres of property located north of Eels Grove Road. east of Cow Creek Road as Aqriculture with Conservation Overlay to reflect annexation. Page -5- council Regular Meeting June 18, 2001 '-" ...." R. 1st Readinq. Ord. No. 2001-0-26. amendinq the official Future Land Use Map to include .70 acres of property located at 3336 SR 442 as Commercial to reflect annexation. S. 1st Readinq. Ord. No. 2001-0-27. amendinq the official Future Land Use Map to include 979.00 acres of property located at 3450 Old Dawson Road as Mixed Use and Commercial with Conservation Overlay to reflect annexation. T. 1st Readinq. Ord. No. 2001-0-28. amendinq the official Future Land Use Map to include 16.96 acres of property located on the est side of Carol Ann Drive (Royal Oaks Mobile Home Park) as Medium Density Residential with Conservation Overlay to reflect annexation. U. 1st Readinq. Ord. No. 2001-0-29. amendinq the official Future Land Use Map to include 137.27 acres of property located south of Park Avenue to north of Ragis Road (Massey property) as Industrial with Conservation Overlay to reflect annexation. V. 1st Readinq. Ord. No. 2001-0-30. amendinq the official Future Land Use Map to include 141.91 acres of property located east of Airpark Road. south of Park Avenue encompassinq Massey Ranch Road and Flyinq M Court as Industrial. Medium Density Residential. Public/Semi-Public and Low Density Transition with Conservation Overlay to reflect annexation. W. 1st Readinq. Ord. No. 2001-0-31. amendinq the official Future Land Use Map to include 10.00 acres of property located west of Old Mission Road. east of Cow Creek Road as Commercial to reflect annexation. X. 1st Readinq. Ord. No. 2001-0-32. amendinq the official Future Land Use Map to include 13.95 acres of pro~erty located east of Tatum Road. west of 940 10th Street (DBCC) as Low Density Residential with Conservation Overlay to reflect annexation. Y. 1st Readinq. Ord. No. 2001-0-33. amendinq the Capital Improvements Element by amendinq the data and analysis. maps. tables and by amendinq certain revenue sources. fundinq. expenditures. schedulinq. and by establishinq a Concurrency Management System. qoals. obiectives and policies and by providinq consistency with other elements of the Comprehensive Plan. Z. 1st Readinq. Ord. No. 2001-034. amendinq the Coastal Manaqement Element by amendinq the data and analysis. maps. tables. qoals. obiectives and policies and by providing consistency with other elements of the Comprehensive Plan. AA. 1st Readinq. Ord. No. 2001-0-35. amendinq the Conservation Element by amendinq the data. inventory. Aanalysis. maps. tables. qoals. obiectives and policies and by providinq consistency with other elements of the Comprehensive Plan. BB. 1st Readinq. Ord. No. 2001-0-36. amendinq the Future Land Use Element by amendinq any and all of the Future Land Use maps. map cateqories. map series: by amendinq the Future Land Use Maps to include Aqriculture. Low Density Transition. Mixed Use and Conservation Overlay Cateqories and by eliminatinq the Planned Industrial Development Cateqory: bY amendinq the existinq Land Use Map. data. inventory. and land use analysis. tables. qoals. obiectives and policies and by providinq consistency with other elements of the Comprehensive Plan. CC. 1st Readinq. Ord. No. 2001-0-37. amendinq the Housinq Element in its entirety includinq data and inventory. analysis of housinq requirements. tables. qoals. obiectives and policies and by providinq consistency with other elements of the Comprehensive Plan. Page -6- Council Regular Meeting June 18, 2001 ~ ~ DD. 1st Readinq. Ord. No. 2001-0-38. amendinq the Interqovernmental Coordination Element by amending the data. analysis. qoals. obiectives and policies and bY providinq consistency with other elements of the Comprehensive Plan. EE. 1st Readinq. Ord. 2001-0-39. amendinq the Recreation and Open Space Element by amendinq the data. inventory. analysis. maps. tables. qoals. obiectiyes and policies and by providinq consistency with other elements of the Comprehensive Plan. FF. 1st Readinq. Ord. 2001-0-40. amendinq the Traffic Circulation Element by amendinq the element title to Transportation. for consistency with Florida Statutes. amendinq the data. inventory. analysis. maps. tables. qoals. obiectives and policies and by providing consistency with other elements of the Comprehensive Plan. GG. 1st Readinq. Ord. No. 2001-0-41. amendinq the Infrastructure Element - Sanitary Sewer. Solid Waste. Drainaqe. Potable Water. and Natural Groundwater Aquifer Recharqe Sub-elements by amendinq the element title to utilities for consistency with Florida Statutes. amendinq the data. analysis. maps. tables. level-of- service standards. goals. obiectives and policies and by providinq consistency with other elements of the Comprehensive Plan. city Manager Hooper presented a brief overview on these ordinances with regard to the Comprehensive Plan. This is unchanged since the Council saw it through the work session. This will come back in roughly 90 days for a second public hearing. Anything approved tonight is for transmittal to DCA and other State and County agencies for their review. The Council is just saying they would like to transmit this and it is their intent to adopt but they aren't adopting anything at this time. He referred to a map that shows the amendments as far as the land use. If anything in the audience wishes to speak, they should fill out a card if they would like to address the Council regarding any ordinance. He informed Council the ordinance titles have been taped and will be read into the record. Mayor Schmidt asked if this was updating it from several years ago. City Manager Hooper stated it is a 1990 Comprehensive Plan and it has done an Evaluation and Appraisal Report. We have annexed some 2000 acres historically back over a number of years that was not designated with a land use, which are included in here. In the future, this will be amended twice a year. The tape with the ordinance titles was played at this time. Mayor Schmidt opened the public hearing. Mike Visconti, 316 pine Breeze Drive, wanted to speak on 2001-0- 17 and 2001-0-27. He asked if #9 is on the east side and #19 is on the west side of I-95. He thinks New Smyrna is going to let Walmart go and he was thinking if Walmart came south to Edgewater where it is right off of I-95 it wouldn't be in the heart of the city, it would be on the outside of the city. Councilman vincenzi stated they have been working on it. Mayor Schmidt closed the public hearing. City Manager Hooper stated he has a request from Mary Hansen, the Attorney representing Charles Berry who has a ten-acre parcel and has asked that it be removed from it and he would appear in the next round of amendments, which is #15 on the map, Parcel #8438- 03-00-0050. Staff doesn't have a problem with that. He wants to come in and talk of a different land use for the next amendment cycle. It won't change the ordinance. They will just delete on the map that particular 10-acre parcel. Page -7- Council Regular Meeting June 18, 2001 .'-" ""-' Councilman Brown made a motion to accept Items A through GG, second by Councilman Vincenzi. city Manager Hooper stated what they are authorizing is transmittal and those will come back to Council. The motion CARRIED 5-0. City Manager Hooper stated when it comes back, they will probably just have the summary from DCA. What they will send back are their objections, recommendations and comments and it will be in report format. HH. 1st Readinq, Ord. No. 2001-0-47, amendinq the Code of Ordinances by modifyinq Chapter 21 (Land Development Code) with the addition of Article XVII (Law Enforcement), Section 21-310 (Police Impact Fees): and acceptinq the Police Impact Fee Study. City Manager Hooper made a staff presentation. This is the first of the public hearings and the rate structure will be adopted when they bring this back in two weeks. Councilwoman Lichter asked if it is clearly noted that this is for new development. City Manager Hooper stated that is correct. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Legal Assistant Matusick read Ord. 2001-0-47 into the record. Councilwoman Lichter moved for approval, second by Councilman Brown. The motion CARRIED 5-0. City Manager Hooper informed Council that also accepts the Impact Fee Study. II. 1st Readinq, Ord. No. 2001-0-48, adiustinq the Local Communications Services Tax Rate to 5.5% in accordance with Florida's Communications Services Tax Simplification Act. JJ. 1st Readinq, Ord. No. 2001-0-49, adiustinq the Local Communications Services Tax Rate bY .12% in lieu of collectinq permit fees from providers of communications services that use or OCCUpy municipal roads or rights-of-way in accordance with Florida's Communications Services Tax Simplification Act. City Manager Hooper made a staff presentation regarding Ord. 2001-0-48 and 2001-0-49. They are in a hurry to do this because of the cut-off date of July 16th to have this to the Department of Revenue. They will send effective October 1st those checks back to the City. Councilwoman Lichter asked what the percentage was before. City Manager Hoper informed her it was entirely different. City Manager Hooper informed Council there is also a review process. If that number goes up or down, this will be brought back before Council so it can be modified. Legal Assistant Matusick read Ord. 2001-0-48 into the record. Mayor Schmidt opened the public hearing. Doris Hill, 112 Lincoln Road, asked what these taxes are being used for. City Manager Hooper stated these goes into the General Fund and become part of our general fund services, the same as they have used franchise fees and utility taxes in the past. Ms. Hill commented on a tax imposed by the City several years ago for telephone bills and utility bills. City Manager Hooper stated this is a tax you are already paying on your cable bill. Ms. Hill stated when they put the tax on before, they said the taxes wouldn't go up and they went up a lot when they imposed that tax. Page -8- Council Regular Meeting June 18, 2001 '-" ....", Councilwoman Rhodes stated this isn't raising the taxes, this is just a different way of charging the tax. Ms. Hill stated the other tax was supposed to be temporary and it wasn't very temporary because they are still paying it. Councilwoman Rhodes stated maybe they should address that on a future agenda. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved for approval of Ord 2001-0-48, second by Councilman Brown. The motion CARRIED 5-0. Legal Assistant Matusick read Ord. 2001-0-49 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2001-0-49, second by Councilwoman Rhodes. The motion CARRIED 5-0. CONSENT AGENDA A. citizen Code Enforcement Board Appointment - Councilwoman Rhodes to consider Board's recommendation to appoint JOY Brindley to fill an expired office. B. General Employees Pension Board Appointments (6) - approval of city Manager's reappointment of Jack Corder. Lisa Miller. Eric Bosse and Kathy Cornelius for another three (3) year term. Mike Tenney was the SPEA appointment and Tyna Hilton was the PEA appointment. C. Easement Aqreement - staff recommendinq approval for the primary use to maintain stormwater improvements and provide access to the Silver Palm canal. D. Event License Aqreements - staff recommendinq approval to use the properties at the corners of E. Palm wax and US 1 and Lamont and US 1 for vehicle parkinq for the July 4 fireworks show and for the Mayor to execute the Aqreements. Councilman Brown informed Council they also have use of the Edgewater Cemetery if they need more parking. City Manager Hooper stated he thinks they have been in contact with them. This is just the agreements for these first two. E. Riqht Of Entry Aqreement - staff recommending approval of the Aqreement that will enable FDOT to construct and make improvements to the drainaqe canal next to Veterans Park and authorize the Mayor or city Manaqer to execute the document. F. Payment Method - staff recommendinq approval to enter into an aqreement with First Union Nation Bank to accept credit and debit cards as payment option for city revenues and utility payments. Councilwoman Lichter questioned the proposal being in Liz's office to review. She asked if this is the actual agreement. City Manager Hooper stated that is for Council if they want to look at the agreement G. Geotechnical Testinq Services - staff recommendinq approval to award Law Enqineerinq and Environmental Services. Inc. the bid to perform testinq services for the F.I.N.D. Phase I Construction proiect at a cost of $28.066.00. Councilwoman Rhodes moved to approve the Consent Agenda, second by Councilman Vincenzi. The motion CARRIED 5-0. Page -9- Council Regular Meeting June 18, 2001 '-" ....., OTHER BUSINESS A. Purchase and Sale Aqreement - requestinq authorization for Mayor to execute Aqreement and to close on 7+ acres of propertv from Dustin's at US 1 and West Turgot Avenue. City Manager Hooper made a staff presentation. He further commented on the acquisition process and the use of the property. Mayor Schmidt commented on losing the use of seven or eight acres because of scrub jays. He questioned if they are going to lose any use of this property. City Manager Hooper stated this purchase sale gives us time to do some environmental assessments. He doesn't think there is. Councilwoman Lichter feels this will teach them a lesson that next time when you get a good offer on a piece of property and has very good purposes and abuts property you own, they should take the property the first time. This was offered at a lower price. She spoke of there being so many possibilities with this piece of land. She is very much in favor of it. city Manager Hooper spoke about this property being offered in the past at $250,000 and a previous Council walked away from it. Councilman Brown thanked Jack Corder for pursuing this. He also feels there is a lot of good uses for this property. Mayor Schmidt feels it is a nice idea that it is tied into U.S. #1 so people can start seeing the park. Mayor Schmidt asked for citizen comment. Don Sickel, 133 shangri La Circle, asked about the ampitheater being in the original program over by the YMCA. Mayor Schmidt stated that is part of the plan. This just gives us more options. When the plan was originally done, they weren't expecting to lose the seven acres that they did so some of the plan of the park had to be moved around a little bit. Councilwoman Lichter asked if the building is in good shape. City Manager Hooper stated the building is in relatively good shape. It can be fixed up and used to house staff there. He feels it can also be preserved and done some other things such as museum type. There are two structures on site and one is in good condition. Councilman Brown moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. City Manager Hooper stated with that you are authorizing the purchase sale and if there is no conditions that are changed they will just go straight to closing. B. Florida Inland Naviqation District proiect - recommendinq response to David Roach, Executive Director, and FIND Board indicatinq desire to purchase the balance of Phase I (141.5 acres) for a citv-owned industrial park at the invested cost. City Manager Hooper made a staff presentation. He suggested they respond to the letter that says they are interested in the surplus property and are interested in having a team of negotiators to draft a purchase sale agreement. Unofficially they have described to him they are interested in selling it to us for what they have invested in the property over a ten year period. There would be about a 5% interest rate to it. Our plan would be to develop Phase I and Phase II and add CRA to help fund and pay for the property and the improvements. Our goal and objective would be to, as soon as the improvements are put in place, turn the property so they could have industrial development buy it from the City. Page -10- Council Regular Meeting June 18, 2001 . ' "-' ...,,; city Manager Hooper further stated assuming there is a CRA, he recommended Council act as a CRA and be the sales representative to sell the property as quick as they could turn it. They have had two or three developers that have already talked to him. They have two that are talking about buying the entire site. City Manager Hooper stated at this point they are being asked to authorize the Mayor to send a letter stating that we have an interest and our intent is to purchase and authorize them to negotiate a purchase sale agreement and bring it back to Council. Councilman Brown questioned what happens if they purchase this property and they get down to a few lots that are small or odd shaped and they can not sell them. City Manager Hooper commented on the city possibly having something they would want to place there. He further commented on not liking to be in the landlord business. Councilwoman Lichter made a motion that the city Manager continue to further this investigation of purchasing the 141.5 acres from FIND, second by Councilman Brown. City Manager Hooper clarified they are also authorizing the Mayor to sign it and inform the negotiator. C. Economic Development Proposal - requestinq authorization for city staff to intiate negotiations with Volusia County for an assiqnable Purchase/Sale Aqreement for 64+ acres (old Pre-stress Concrete Plant) with an UP to one-year due diliqence period for a cost of approximatelY $3.0 million City Manager Hooper made a staff presentation. He further commented on a proposal made by Tim Howard, manager of Edgewater Lakes Partners LLC. City Manager Hooper stated they are asking for authorization to do a purchase sale agreement that is assignable. He further commented on the process. He has been speaking to Hacienda about annexation as well as Boston Whaler. Councilwoman Lichter feels this is an excellent idea. She expressed concern with the public not thoroughly understanding this deal. She feels Mr. Howard, Mayor Schmidt or the County must explain that the City isn't laying out the money. city Manager Hooper stated he hopes they can do that with the press tonight. They are acting to get the purchase sale which is assignable and the City does not close on the property. If at some point Mr. Howard feels this isn't a good deal anymore, they would both be out of it. Councilwoman Lichter also feels the benefits to the City should be emphasized. Tim Howard, 3028 willow Oak Drive, stated he would be agreeable to enter into the agreement as part of the purchase sale to indemnify the City of Edgewater with respect to any expenses. They intend to pay for everything. Councilman Vincenzi stated he doesn't think that is a concern and what Councilwoman Lichter is saying they just want to make the public aware the city isn't laying out any money. City Manager Hooper spoke of this being an education process. They will have to talk about it and they will write in the ShoreLines and the positive aspects of it. When this goes to the County Council, the City will be there. He has been very clear with them they aren't to be deceived the City is buying it to do anything else other than what has been described tonight. Page -11- Council Regular Meeting June 18, 2001 'W' ....,; Councilman Brown made a motion to allow City Manager Hooper to draft a proposal to the county and the purchase sale agreement and include that people will be informed there will be no financial outlay by the City, second by Councilman Vincenzi. The motion CARRIED 5-0. D. Volusia County Proposed Redistrictinq - for city Council discussion. City Manager Hooper made a staff presentation. He stated Council requested this be put on the agenda so they could send a letter to the County endorsing or rejecting but expressing their feelings on which the Council wants to recommend. This is changing and will be under a Committee by the County. The four they have sent is the four that have been proposed to date. This process is going to go on for another couple of months. They can make comments now or chose to wait and see what comes back from the Committee. He thinks to date probably what he has heard from most of the Council is that they are endorsing proposal number one and they can live with two but don't like three and four. Councilwoman Rhodes asked why the County and School Board can't make their districts the same. City Manager Hooper stated they are trying to. Councilwoman Lichter stated two of them attended the meeting, the Mayor and herself. One very much fit in with the Police, what they have present. The School Board and County Council Representative in one were close. The other advantages of one was they have a race of portion. One took care of that problem neatly. It went into the numbers exactly. Plan one also had all the districts with about the same amount of people. Plan one struck her as most important because it kept their historical alliances. We are Southeast Volusia. We have an agreement they are working on with dispatch which includes the cities that are in one. One at least includes Oak Hill. One includes Oak Hill, Edgewater, New Smyrna and parts of Port Orange. Port Orange gets divided and they are not happy with one or two because they get divided. In one, they only get divided into two parts. In two, they get divided into four. Port Orange is so very big. If we ever grew that big, we would have to accept division too. The other part of one that was good is it goes west like our intent. Especially with what City Manager Hooper is saying about going south. Three and four were contrived to see how it would be if every city didn't get divided. They didn't work out at all. The other factors went allover the place. They tried to keep Daytona and Port Orange together. She thought the Mayor spoke to one and she did too. So did Oak Hill and New Smyrna. She thinks Port Orange might not like it the best in all these things that are going to interfere. They might want to go with some Halifax type of district. But it looked the best for us. Mayor Schmidt agreed with Councilwoman Lichter. City Manager Hooper asked if the Council wants to comment now or see if this evolves some more. They can comment early and reserve the right to comment again. Mayor Schmidt stated they have until the beginning of August or maybe September before they have to do it and they want to get it done before that. He thinks it would be good to show the letter of support because they will make up their mind and if they don't, the State will come in and do it for them. He thinks it is much better if they have their input that is better for us then to let the State ultimately decide. He doesn't think they would let that happen. Councilwoman Lichter thinks they ought to come out now for number one. Otherwise it looks like we are too compromisable. She feels number one is the best for Southeast Volusia. Mayor Schmidt agreed. Page -12- Council Regular Meeting June 18, 2001 '-' ....." city Manager Hooper stated they need a motion authorizing the Mayor to sign a letter recommending number one. Councilwoman Rhodes so moved, second by Councilwoman Lichter. 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. CITIZEN COMMENTS/CORRESPONDENCE Doris Hill, 112 Lincoln Road, feels the Council has done something tonight that is going to move this City ahead and make it a wonderful City. The land where the Pre-stress Concrete Plant was located is an eyesore. To put industrial next to an adult community such as Hacienda Del Rio is really a travesty and it's not the best use of the river. She hopes it will be part of Edgewater. City Manager Hooper stated that is part of the plan. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:15 p.m. Minutes submitted by: Lisa Bloomer Page -13- Council Regular Meeting June 18, 2001