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05-21-2001 - Regular ~ ....., CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 21, 2001 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:07 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 There were no minutes to be approved at this time. PRESENTATIONS I PROCLAMATIONS IPLAOUES ICERTIFICATES/DONATIO NS A. Commendation and Plaaue Presentation for 'Officer and Employee of the Quarter' to Officer David Arcieri and employee Michael McGrath Lieutenant Bucky McEver recognized Officer David Arcieri and Code Enforcement Officer Michael McGrath for the outstanding work they do. Mayor Schmidt stated Burger King is always looking for things to do to recognize the people around them that protect them and serve them. He read a prepared statement regarding each of them and presented them each with a plaque naming them as Employees of the Quarter. B. Mike Pattillo. Ernst & Youna. to present city's Annual Financial Report for fiscal year endina September 30. 2000 Mike Pattillo, Ernst & Young, presented an overview of the results of City's FY 2000 Audit. Councilwoman Lichter feels the title Public Safety can be misleading. Mr. Pattillo commented on this being a category required by the State. Mr. Pattillo continued his presentation. City Manager Hooper pointed out to the Council the Charter amendment that had a target of between 15% and 25% and the goal and what they described is 20% and this is 19 ~% so it is pretty close. This was in regard to the General Fund Balance as a Percent of Expenditures. Mr. Pattillo again continued his presentation with the Comparative Financial Analysis between New Smyrna, Edgewater and South Daytona. Councilwoman Lichter asked if their suggestions on ways to improve are included in the report. Mr. Pattillo referred to the Management Letter. '-' ..""" City Manager Hooper commented on the Council looking surprised when Mr. Pattillo referred to the roll back. This is as of last October, which would be the previous year to the Council. Councilwoman Lichter feels the report was very good. Mr. Pattillo commented on staff putting together the CAFR every year. Mayor Schmidt thanked Mr. Pattillo. CITIZEN COMMENTS JoAnn Heeb, 115 N. Riverside Drive, feels the apparatus that was put on Riverside Drive to count the number of cars was great. The only problem was it was put up at 10:30 a.m., which is after 1/3 of the cars have already gone by. It was done after Easter, which is when most of the part time residents have already left. She hopes Council will consider doing something about the problems they have with the traffic on Riverside Drive. City Manager Hooper stated it was up on numerous days. Councilwoman Rhodes stated in the paperwork later on in the agenda, they have a large packet of exactly what times they were there, how many cars went by and how fast they were going. City Manager Hooper stated they also have traffic counts from previous years. Mike Visconti, 316 pine Breeze Drive, presented the city with newspaper clippings from the year 1997 through 2000. This is the first volume. He is working on a second volume. Ray Anderson, 1905 S. Riverside Drive, stated he is speaking for four properties. He thanked the Police Department, which has assisted him on several occasions. He spoke about the noise level coming from the No Name Saloon. He had several long conversations with Volusia County's noise pollution people. He has been in conference with OSHA in Jacksonville. The Sheriff's Department has a noise pollution division. It all comes down to one thing. The buck stops here. The County doesn't want it, the Sheriff's Department doesn't want it, the State doesn't want it, and OSHA doesn't want it and the City has got it. He wanted to know why they can't get something done. He spoke about when the Special Activity Permit was pulled three years ago he asked if the permits were subject to revocation or to limitations. He was here and the Council sat there and didn't agree with him. He is here again and asked for the same kind of opinion. He is not against them doing it, but he is against the sound level. This year three bands played from 10 a.m. until 10 p.m. He translated what he feels noise is. He said every Saturday they have the same noise level with no Special Activity Permits. He has two rental homes and they have given him notice that they can't tolerate the noise all year long. They can tolerate Bike Week and Biketoberfest. Councilwoman Rhodes stated she went there during Bike Week and it was loud but it wasn't late. She asked if this is consistent every weekend. Mr. Anderson stated it is now every Saturday. Councilman Vincenzi asked if the bands are outside. Mr. Anderson stated yes it is outside which falls under the special Events category. He is 1,000 feet from the microphones and he hears everything with the windows closed. Councilman Vincenzi stated so every weekend they have a special event. Mr. Anderson stated every weekend and as far as he knows that is not permitted. Page -2- Council Regular Meeting May 21, 2001 ...., ....,; Mr. Anderson stated one of the things he learned right away was don't make a complaint unless you have some kind of solution. He bought a decibel meter and he also will be monitoring. He spoke about a lengthy discussion with the Port Orange Police Department. He asked if the city has noise specifications in place. Councilwoman Rhodes stated we have a noise ordinance. Mr. Anderson asked if that is a judgement call or a meter call. city Manager Hooper stated it is a judgement call. Councilwoman Lichter spoke about instances in the past where a neighbor was working late in their garage and making quite a bit of noise. The City does not own a decibel meter. Councilwoman Rhodes asked Mr. Anderson if he has used his decibel meter. Mr. Anderson stated not yet. Mr. Anderson further commented on enforcement in Port Orange. He stated the City does not have a decibel meter because he was told it is expensive, it takes too much time, it has to be calibrated and you have to train someone on the unit. He stated his was under $60. The Port Orange Police Department got one from Wisconsin and they put a seminar on in Port Orange and Daytona. They put on a four-hour seminar to be certified. He suggested the Council consider purchasing a decibel meter. Councilwoman Rhodes mentioned having to change the ordinance. Mr. Anderson spoke about manufactured noise and amplified noise. Councilwoman Lichter suggested asking Police Chief Ignasiak. This has come up to them over the years in several different matters. City Manager Hooper explained why the trend is away from that. Generally most Code Enforcement and Land Development Codes get away from decibel readings. Most of all the new ones go to a nuisance which is in the ear of the beholder. Mr. Anderson is describing a situation that he doesn't know of any other complaints. He went through the place during Bike Week and spoke of very rare instances where he asked them to shut down because it was loud and it was done. They have been responsive and have tried to be neighbors. The best answer is they can look at it very close. He lives in the same neighborhood and doesn't hear it. Councilwoman Rhodes stated the night she went there she walked up and down the street and asked the people and only one person on the street said it bothered them. The rest of them were concerned with parking. Mr. Anderson stated 38% of the people in Florida are senior citizens. Councilwoman Lichter stated and can't hear. She felt they did very good with the Police Department going down there and checking it out this year. She wasn't aware of the problem of this going on every weekend. Councilwoman Rhodes asked if the band can be outside without a permit. City Manager Hooper stated yes, they have an occupational license to perform as they are performing today. city Manager Hooper agreed to look into this. Councilwoman Lichter suggested they look into a decibel meter. Mr. Anderson agreed to let the City use his. City Manager Hooper stated if Port Orange has a certified, it is a call away. Councilwoman Rhodes would be interested in Mr. Anderson taking readings. Mr. Anderson agreed to do so. Councilwoman Rhodes stated her husband is a Daytona Beach Police Officer and whatever readings Mr. Anderson gives her, he will be able to tell her if that violates their noise ordinance. Mr. Anderson stated he has the published noise limits forthcoming. Councilwoman Rhodes drives Riverside Drive all the time and never hears anything. Mr. Anderson asked if she would object if he called her when it was in progress. Councilwoman Rhodes stated she will come. Page -3- Council Regular Meeting May 21, 2001 ~ ....., CITY COUNCIL REPORTS Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter stated there will be a public forum in New Smyrna Beach at the Brannon Center on Wednesday, May 23rd from 1:30 p.m. to 3 p.m. for senior citizens to share their concerns on local elder care issues. Councilwoman Lichter stated the State Legislature finally passed a bill called 202. It is a house bill also, House Bill 1879. Florida ranks very high in senior facilities and yet this State has four times more than any other state lawsuits. She spoke about a lot of nursing homes not being able to get insurance because there is no cap on lawyers fees in Florida. There is now. This bill addresses that issue. Councilwoman Lichter stated May 22nd at noon is the next meeting for the Litter Committee at the Chamber of Commerce. The Police Chief will be there to meet New Smyrna's Litter Committee. Mayor Schmidt spoke about the kick-off for Safe Boating. He was speaking to the Mayor of Oak Hill and she voiced that she might need a little help and guidance. He asked if our City Clerk or someone can give them a call. Councilwoman Lichter feels one of their greatest problems is they don't have a Manager. Without a Manager, a local entity has control of themselves. She feels we are hard put for giving information because you can possibly get into legal situations. She spoke about the Commission serving as department heads being an unusual situation. She thinks we should check with our lawyers if such a bit of advice could be given because of the implications that might happen because of it. City Manager Hooper stated he doesn't have a problem. We are staying out of the policies. It is just to help them do their job or teach the new City Clerk. Councilwoman Lichter would like for him to see if there is any way we can get in trouble for doing that. Councilwoman Rhodes stated if City Manager Hooper is going to manage Oak Hill too, they need to pay half of his salary. Councilman Brown spoke about walking the property for Phase I of the FIND project. They were looking for anything archaeological or historical. They didn't find anything historical. He found four active tortoise holes. He is going to go back out on Wednesday at 4:00 p.m. and if there is anybody that is interested in helping him look to find these gopher turtles and help him relocate them he would appreciate it. Councilwoman Lichter asked if they are supposed to do that in conjunction with the engineers. Councilman Brown stated it has been done. The holes are still there. He did not see turtles but he wants to see if he can find turtles. city Manager Hooper stated it has met all the criteria. . They didn't find what councilman Brown has found, who has brought it to their attention. They will look. There is an ability to relocate. They will have Joe Young help them do that. The on- site engineers will be aware of what they are doing. Page -4- Council Regular Meeting May 21, 2001 '-' ....., PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. 2nd Readinq. Ord. No. 2001-0-06. Modifvinq Chapter 5 (Animal Control): Article I (In General). sections 5-2 (Definitions) and 5-20.1 (Attemptinq to Breed): Article II (Vaccinations. Licenses & Permits). Sections 5-31 (License Required). 5-32 (License Taq) and 5-36 (Breedinq & Kennels): and Article III (Impoundment). section 5-41 (Disposition of Impounded Animals) City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-06 into the record. Due to there being no Councilor citizen comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2001-0-06, second by Councilman Brown. The motion CARRIED 5-0. B. Res. No. 2001-R-05. Amendinq the Schedule of Surcharqes. Fees & civil Penalties relatinq to Animal Control City Manager Hooper made a staff presentation. Legal Assistant Matusick read Res. 2001-R-05 into the record. city Manager Hooper spoke about a special Edition of the newsletter that will be going out listing this information. Due to there being no Councilor citizen comments, Mayor Schmidt opened and closed the public hearing. Councilman Vincenzi moved to approve Res. 2001-R-05, second by Councilwoman Lichter. The motion CARRIED 5-0. C. 2nd Readinq. Ord. No 2001-0-08. Modifvinq Chapter 19 (utilities & Services). Article VII (Water Conservation Standards) city Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-08 into the record. Due to there being no Councilor citizen comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2001-0-08, second by Councilman Brown. The motion CARRIED 5-0. D. Res. No. 2001-R-08. Establishinq a Schedule of Surcharqes. Fees & civil Penalties relatinq to Water Conservation City Manager Hooper made a staff presentation. They are going to look at the first notice for six months before they do anything different. They are going to adopt policies which will come back to Council regarding how the tickets will be done. Councilwoman Lichter asked the process of notification for the public. She asked if it will be in the special Edition of the newsletter. City Manager Hooper informed her yes. Councilwoman Lichter asked if after that it will start being implemented. City Manager Hooper stated yes. Councilwoman Rhodes stated when she said the people that couldn't get their reclaimed water shouldn't be billed for it, why is that we can add on a fine to the water bill but we can't take money off the water bill. She stated she was told it was hard to track and time consuming. City Manager Hooper stated because of the volume. He thinks the violators are huge numbers. Page -5- Council Regular Meeting May 21, 2001 ~ ....., Legal Assistant Matusick read Res. 2001-R-08 into the record. Due to there being no Councilor citizen comments, Mayor Schmidt opened and closed the public hearing. Mayor Schmidt stated he wants to make sure the enforcement is there. He would like some way of tracking this and knowing where the offenders are and getting to them so it helps the group on the other side of the City that is paying the money that is getting nothing. City Manager Hooper feels they are looking at strong enforcement. He feels a door hanger or notice is going to drop the violators tremendously. Councilwoman Lichter feels the best part of our unique ordinance is that it combines recycled water and the st. John's requirements of other homes in the City such as the odd days and even days that way there is uniformity throughout the whole City. She spoke about this being a County ordinance and people moving here from other cities in Volusia County knowing the watering schedule. She spoke about people not knowing how to set their sprinkler systems and workshops that are available. The Water Alliance will send out Deborah Green who will give workshops on how to handle the systems. She doesn't feel people are going to go beyond the $50 fine. Councilman Brown questioned the door hanger being the first warning. City Manager Hooper explained the first warning will be a door hanger a letter or a person knocking on your door. The second will note the date you were warned before. Mayor Schmidt asked when the ShoreLines is printed up if there could be a brief description of what else is going on with the system. City Manager Hooper agreed to say what the Council has authorized and the schedule of when they think those things will be put in place. Councilman Vincenzi asked if they can go overboard on the first warning to make sure the people are noticed. Councilwoman Lichter asked if the ShoreLines goes to the owner or the renter. City Manager Hooper stated it goes to the owners. It goes to those that have the account. There is no other way to get it out to renters. All of our addressing is to owners. They are going to publish it as much as they can. City Clerk Wadsworth informed the Council that newsletters are being placed in convenience stores as well as other locations around the City. Mayor Schmidt asked to include a paragraph stating to the owner that the renter isn't receiving this and for them to inform their renters. Councilwoman Lichter suggested putting an excerpt in the Pennysaver. Mayor Schmidt asked if it would be worth it to set up a seminar here and at a couple of the Homeowners Associations. Director of Environmental Services Terry Wadsworth stated he was going to announce tonight that tentatively scheduled for June 13th will be Water Conservation Awareness Day in the City. They intend to have an all day seminar here in the Community Center. They will do timers and the showerhead exchange program and they will have information concerning the reuse program, the new restrictions and do what they can to educate everybody so they aren't punishing people that don't have the right information. Deborah Green will be there and they want to have somebody there from the University of Florida on landscaping and the irrigation needs of yards. Page -6- Council Regular Meeting May 21, 2001 '-' ..." Mr. Wadsworth informed Council they can now put out of the plant 2.2 million gallons a day of reuse water. If you only have the 1,100, which is half of the people irrigating on the system on a given day, that is 2,000 gallons a day per yard which is more than enough reclaimed water out there for everybody. He doesn't think supply is the problem. It is just having the courtesy of treating your neighbor the right way. Councilwoman Rhodes asked when that started. Mr. Wadsworth informed her tonight. This evening was the first evening they had it for this run and they will have everything available in the morning. He spoke about people leaving their systems on. Councilwoman Lichter asked if this will be an all day event. Mr. Wadsworth stated they want to do it that way to make it available to people that work. Mayor Schmidt asked when the flyers are ready, he would like some to hang in his business and at the shopping center. Mr. Wadsworth stated sure. The information will also be included in the newsletter. Derrick Payne, 621 N. Riverside Drive, stated the issue with putting it on the water bill and not being able to get a hold of the person who rents is an on-going problem. He feels Council needs to consider which includes the fact that the tenant can't be the one responsible for the water bill. This just adds another aspect that he would become responsible for the misbehavior of a tenant over whom he has no control. He can not go and shut the water off even if he wants to remove someone from a building. He feels it is an unfair burden to continue on propagating on that the landlord becomes responsible for. He again asked Council to consider the notion of allowing the tenants to put up deposits. Mayor Schmidt spoke about getting burned when it was that way. In order to watch out for the city's sake it was easier to do it to the owner. Mr. Payne stated the whole notion of a deposit is supposed to protect the city from that. He doesn't understand how the City is unable to protect themselves if they secure an adequate amount of deposit up front. When you don't pay your bill, you certainly manage to come by and turn the water off. The phone company manages to do it and the power company manages to do it. He doesn't see how the City of Edgewater can't. Councilman Vincenzi moved to approve Res. 2001-R-08, second by Councilwoman Lichter. The motion CARRIED 5-0. E. Res. No. 2001-R-09. Authorizinq Mavor to execute Landscape Construction and Maintenance Memorandum of Aqreement with Florida Department of Transportation to landscape three (3) medians located on US 1 ($45.000) City Manager Hooper made a staff presentation. He commented on why this appears twice on the agenda. Parks and Recreation Director Jack Corder described the three medians that will be landscaped. Councilwoman Rhodes asked the timetable on this. city Manager Hooper stated it normally takes about two months to get them permitted through DOT and then construction takes another two months at the most. Councilwoman Rhodes stated it never seems to happen the way it is supposed to and always seems to take longer than it is supposed to. City Manager Hooper spoke about not being able to have any control over DOT. He spoke about it being cumbersome to get the permits. He feels they have accelerated the process by knowing enough of what they are going to ask to solve it the first time around. Councilwoman Lichter asked if there is a better time to plant than other times. City Manager Hooper stated not really. Page -7- Council Regular Meeting May 21, 2001 ..., """" Councilman Brown feels the medians that have been done are very good looking. Mayor Schmidt asked if they will be equipped with reclaimed water. City Manager Hooper stated they have talked of reclaimed to be added at a later date. These are coming up with potable water up front because there is no reclaimed water along U.S. #1. Legal Assistant Matusick read Res. 2001-R-09. city Manager Hooper stated when they brought up reclaimed water on U.S. #1 before the clear direction was not to do the medians until they get the new system up and running. Due to there being no further comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Res. 2001-R-09, second by Councilwoman Rhodes. The motion CARRIED 5-0. There was a ten-minute recess at this time. CONSENT AGENDA A. citv Surplus Items - staff recommendinq Council declare listed city assets as surplus and allow for disposal either by auction. donation or trash disposal B. SR 442 Wideninq Project - staff recommendinq ap~roval of Chanqe Order No. 1 for Florida Department of Transportation to provide a water main crossinq at SR 442 and Old Mission Road for $29.142.40 Airpark Road pavinq - staff recommendinq approval for the County of Volusia to pave portions of Airpark Road at a cost not to exceed $90.000 Mayor Schmidt stated he looked into this. He had a few people come to him expressing concern that this didn't include all the way to Silver Palm Drive. This does include from SR 442 to Silver Palm Drive. This would pave the entire back section. D. Planning & Zoninq Board Appointment - Mayor Schmidt to consider Board's recommendation to reappoint Pete Hellsten for another three (3) year term E. Grant writer Aqreements (3) - staff requestinq approval of Professional Services Aqreements for Grant writinq Services for B&H Consultants. Inc.. Land Desiqn Innovations. Inc. and L&D Consultinq Councilwoman Rhodes asked for clarification of why they need three consultants. City Manager Hooper stated what they intend to do is whenever we have a grant opportunity, is ask the three to submit a proposal so they have three approaches. They chose these three because they have different approaches. He commented on what each firm specializes in. Councilwoman Lichter moved to approve the Consent Agenda, second by Councilwoman Rhodes. The motion CARRIED 5-0. OTHER BUSINESS A. Purchase Request - staff recommendinq Council approval to purchase three (3) budqeted wastewater Aurora Pumps from Custom Pump and Controls. Inc. for a total cost of $19.275 Page -8- Council Regular Meeting May 21, 2001 '-" "wi city Manager Hooper made a staff presentation. budget but came in $525 over what was budgeted. approval. This is in the staff recommends councilman Vincenzi moved for approval, second by councilman Brown. The motion CARRIED 5-0. B. Airpark Road/Park Avenue - staff recommendinq approval of Chanqe Order No. 2 for the Airpark Road/Park Avenue Water and Wastewater Improvement proiect to be constructed bv proqressive Contractors. Inc. at a cost of $78.915. and to declare the proiect impact fee eliqible city Manager Hooper made a staff presentation. staff recommends approval. Mayor Schmidt commented on Mission Road being paved not too long ago and they are already digging up a section of the sidewalk to put water line in. He feels it is smart to do some of this stuff knowing it is going to happen anyway. Councilman Brown moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. Mayor Schmidt asked if there are people along that water line that are ready to hook up. City Manager Hooper stated there are six or seven people that have talked to them about water service. We do have some that will connect to it. Mayor Schmidt asked if that is the main water line that will serve the school if it goes there. city Manager Hooper stated the main water line will be along SR 442. This just connects and heads back to the north at that point. C. Professional Services Aqreement - staff recommendinq approval of the Aqreement with Bioloqical Consultinq Services to provide Scrub Habitat Restoration and Manaqement Plan for a sum of $11.400 City Manager Hooper made a staff presentation. Councilwoman Lichter asked if this will be annually. Mr. Corder stated there will be an annual contract with the initial cost being higher. Councilwoman Lichter questioned them allowing us to do everything without this plan in effect. Mr. Corder stated yes. city Manager Hooper explained they issue you a permit and you are agreeing when you sign the permit to do this so they aren't letting you get too far ahead. Councilman Brown moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. D. site Clearinq Aqreement - staff recommendinq approval of an Agreement with Tobv Quinn's Lawn & Tractor Service for a minimum of $800 not to exceed $1.200 per site City Manager Hooper made a staff presentation. Councilman Vincenzi asked if these are people that have been notified and haven't done anything about it. City Manager Hooper informed him that is correct. Mayor Schmidt stated it doesn't say anything in the contract about the City requiring them to have insurance. City Manager Hooper stated instead of being insured they are holding the city harmless and the City agrees to hold them harmless so there is an indemnification clause to it. Page -9- Council Regular Meeting May 21, 2001 '-' ...""" Legal Assistant Matusick referred to Exhibit A - Item 1.5 which refers to liability insurance and Worker's Compensation. City Manager Hooper explained they advertised for this. They have solicited and it is hard work and it is not very profitable work. The firms that have insurance or bonding capacity do this on a much larger scale. Councilwoman Lichter moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. E. Redevelopment Plan for Kennedv Park - Recreation/Cultural Services Board recommendinq approval of an Aqreement with Land Desiqn Innovations. Inc. to provide a redevelopment plan for a sum of $7.390 to be paid from Recreation Impact Fees City Manager Hooper made a staff presentation. Councilwoman Lichter feels they are putting the cart before the horse because she doesn't think they know what they are going to do about City Hall. She feels they need to know if this is where they are going to stay. If they had a plan that touched both aspects, she would be more for it. Just to look at the park isn't taking into consideration what might be needed with this building if they decide to keep the uniqueness of this spot and keep city Hall here. She feels they are tied in. City Manager Hooper stated when they went through the siting Committee one of the things Council decided was to look at this site independent across the street. Across the street was to be a park with a marine theme. Councilwoman Lichter feels this is a unique spot and the only City Hall that is on the river. She doesn't want to chance a condominium here. If the only way to enlarge this might include part of going across the street, she thinks the whole thing has to be looked at together. She would like to make this kind of decision after they decide if they are going to stay here or not. She feels you have to have options. One option may be that you still can have a marina, the front part of it being City Hall or that you may have a marina two blocks down. Councilman Brown asked if they would be able to incorporate these plans with the plans for City Hall. Councilwoman Lichter doesn't see a rush with presenting anything to the public. They have other projects they have started that need to be completed that are expensive projects. She feels they need good planning. She has not given serious enough thought because she doesn't know the figures of what way someone would take this building. She feels they need another meeting with the Recreation/Cultural Services Board and an engineer to give her some kind of idea of the potential of this place. She feels they may decide they want to go across the street and she doesn't want to get locked into a corner. Councilman Brown asked if it would be possible for this company to make up a different thing to have an idea of if they build a two-story city Hall here, how it would affect the park or how the park could tie into that. City Manager Hooper stated sure but his goal was not to spend that kind of money at this point. He feels staff could get Council prices of building a City Hall on this site and some photographs of what it could look like. The goal across the street is not to have it impacted if this became a City Hall. Whatever will be across the street is a separate entity. He spoke about maximizing the property across the street in recreational opportunities. Councilwoman Lichter feels if they maintain this as a City Hall and it went up and over, part of it may be a restaurant overlooking the river. If this wasn't going to be here it might be something totally different over there. Page -10- Council Regular Meeting May 21, 2001 ..... ~ Councilwoman Rhodes stated she looks at it as preserving across the street. Not allowing that to become anything other than a park or property that belongs to the City of Edgewater for use by the residents of the City. She feels any of one them would hate to see that property be anything other than a park. Councilwoman Lichter stated you aren't really talking just park, you are also talking marina and there is a difference. She spoke about State laws becoming tighter with putting marinas in. City Manager Hooper stated they talked about the goal of the consultants to come back with plans, three choices for them to look at. Councilwoman Lichter asked if they could have a flexibility in those three that one of the three might be a connection to something over here that is an annex of City Hall. city Manager Hooper stated he thinks they are geared toward keeping this a City Hall. Councilwoman Rhodes doesn't want to spend $7,000 and come back with something she hates. She would rather have up front an idea of what they are looking at. Councilman Brown stated at least one for City Hall. Councilwoman Rhodes stated her opinion is it doesn't matter if City Hall stays here or not, but the property across the street should remain a park for the residents of this City. city manager Hooper stated and as a board that is what they voted on. Mr. Payne stated he has trouble seeing how a consultant can accurately tell them what they will utilize the property across the street for without knowing what this property is going to be used for. The reason for that has to deal with parking. He doesn't want this property to become a condo. He asked the Council to continue to tie the two properties together so that doesn't occur. He feels it is a subversive way to promote an agenda by simply addressing the park, building a park and someone wanting to do something with this property. He feels they should remain combined. He also feels spending $7,000 without being able to tell them what the Council really wants seems excessive. Councilwoman Lichter stated she doesn't think they 100% know yet what they want. City Manager Hooper stated he doesn't think they are going to know that until they adopt the plan that covers this site. A consultant will look at that site and tell the Council what will fit. This is the building block and start of what goes across the street, whether or not you can put parking there. He agreed with Mr. Payne that they won't be able to. He feels if that maximizes as a park, you will probably have to have parking over here. He commented on the boats that were parked here on Sunday. This is just to plan the other side and give three choices that they could do for that side and what they could plan for on a park site. He doesn't have a problem with expanding the agreement to cover this site and the park site. He would much rather know the options they have for across the street and then design this building so that will stay a preservation and it is going to be used as a marine frontage. Councilwoman Rhodes stated it concerns her that that could not be that. She doesn't think that is what the city wants. Councilman Brown stated any plan that you make over there will have to include this area over here. They will have to take this into consideration. Councilwoman Lichter stated it would have to say as a result of Plan A, that means something over here and as a result of Plan B, it means this here. There has to be some kind of connection. City Manager Hooper agreed and feels the most valuable piece of property the City has is across the street. He feels to start somewhere is the only way he knows how to approach this. Staff recommends to let the planners start and look at that, tell them what can go there, identify parking needs and accommodate that here or further towards u.S. #1. Page -11- Council Regular Meeting May 21, 2001 '-" ....." Councilman Brown feels this is a start at least for finding out what they are going to do here. Councilwoman Lichter stated she knows the park across the street will have to have something with water. She wants to know what their thoughts are for here that way they know what they are dealing with. Councilwoman Rhodes asked if they could move this down to City Manager's Reports Item 3. Councilwoman Lichter asked if they could have a special Meeting. City Manager Hooper agreed to move this down. Councilwoman Rhodes suggested holding off on this item until that decision is made. She feels City Hall has to go up and back. It's not going up and over. She doesn't see that as being a good plan. Mayor Schmidt asked if anyone would like to make a motion. Councilman Brown made will include covering Councilwoman Rhodes. Lichter voted NO. a motion to accept it because he knows it what is going on with city Hall, second by The motion CARRIED 4-1. councilwoman F. Tree Permit for Removal of Historic Live Oak Tree - Charles Plouah reauestina a Tree Permit to remove one 38 ~ inch Historic live oak tree from his propertv that is liftina the sidewall and floor of his aaraae Building Official Dennis Fischer made a staff presentation. councilwoman Rhodes asked if Mr. Plough was here. City Manager Hooper pointed out why the City is having to deal with this. The Council has to issue the Tree Permit. Our Code has the conditions of the replacement. Councilwoman Rhodes asked if Mr. Plough has a problem with the replacement of the trees. She commented on the cost of $2,000 to replace the trees. Mr. Fischer commented on two ways of being able to do this; either by replacing this tree with 15 new trees or paying the relocation price of $2,240. Councilwoman Rhodes stated either way it is $2,000. Does he have an issue with that? Mr. Fischer stated he has not talked to him regarding that issue. councilwoman Lichter asked if he knows the amount of money involved. She feels the man should know. She asked if the gentleman planted the tree or if it was there when he moved there. Mr. Fischer stated it probably was. city Manager Hooper stated he thinks he knows the cost of replanting the 15 trees. Councilwoman Rhodes feels if a tree was destroying her house and it needed to be cut down and it was going to cost her $2,000 to cut it down, this month she might not have the $2,000. She questioned if there is any kind of a hardship whereby the tree could be removed. If it is destroying your house, it seems to her you should be able to cut the tree down. Mr. Fischer referred to pictures that were taken of the tree. Councilwoman Rhodes again asked if the tree is destroying your house is there someway to get a permit to take down the tree without requesting that money. City Manager Hooper stated yes. In front of the council is the permit. What should happen is the owner should be here and if he objects to paying or replanting the trees, he is supposed to ask Council for a waiver and he is not here. councilwoman Lichter stated she doesn't know, because it is not in front of her, if he has been notified in a proper legal manner and that he realizes the amount of money and that he realizes it would be brought up at the Council meeting tonight. She feels that should all those things should be in compliance before they make that decision. Page -12- Council Regular Meeting May 21, 2001 'W' ..." City Manager Hooper asked Mr. Fischer if Mr. Plough was aware of the meeting tonight. Mr. Fischer stated he was aware of the meeting this evening. Councilman Brown asked how he got a permit to build a house that close the tree to begin with. Mr. Fischer stated he doesn't know how old the home is. The original owner wanted to keep the tree and the builder built the home around the tree. Mr. Fischer spoke about this being a historic live oak tree. Councilwoman Lichter stated she would be satisfied if she knows he is aware of the meeting and that he knew he could appeal and come here. Councilman Brown asked if they could cut the root out. Mr. Fischer stated it would not kill the tree by cutting the root that is lifting the sidewalk. Councilwoman Rhodes asked why he doesn't want to cut the root. Mr. Fischer stated they look at the tree and the wind damage and they want it removed. He spoke about the fear people have because of storms we have had. Councilman Vincenzi stated he would be inclined to deny his request unless he was here to explain why he wanted to do it. He feels he doesn't care that much about it because he's not here or he hasn't been notified. Mr. Fischer stated he has two choices. If they grant him the permit to cut the tree, he will either plant the required number or pay the fee. Councilman Brown asked if he was given the option to take the root out. Councilwoman Lichter made a motion to implement the permit and the consequences thereof. City Manager Hooper asked for clarification. He asked if she is approving his permit to cut down the tree and to either plant 15 tree or pay the $2,240. The motion DIED due to the lack of a second. Councilwoman Rhodes asked if they could go back and ask Mr. Plough if he is amenable to cutting the root of the tree and then bring it back before Council. City Manager Hooper stated if that is what they want to do a proper motion is to deny his permit and give him direction that he cut the root or seek other amenities. Councilman Brown made a motion to deny the permit and that he first try to take the root and save the tree. Councilman Vincenzi stated he would have no problem approving his request if he was here to explain his point of view. Councilwoman Lichter stated why don't we table it and get him here. City Manager Hooper stated you can't make him come. He knows its here. He has been through the advertisement. What Council is describing is if they deny the permit and he is told to cut the root, if he wants to come back and appeal that he will be here next time. Councilwoman Rhodes feels if it doesn't cost him more to cut the root than it does to plant 15 trees or pay the fee then he can cut the root and save the tree. Mayor Schmidt asked which way the bulk of the tree is leaning. Mr. Fischer stated it has been pruned away from the home in previous years. It is not a direct danger as far as leaning over the home. Councilman vincenzi seconded by the motion. The motion CARRIED 4-1. Mayor Schmidt voted NO. Councilwoman Rhodes feels that people's property belongs to them and they shouldn't tell them if they can cut down a tree. Page -13- Council Regular Meeting May 21, 2001 '-' ""'" Councilwoman Lichter spoke about a bald cypress on her property that is lifting her driveway. G. Landscaping Aqreement - staff recommendinq approval of Landscapinq Construction and Maintenance Aqreement with FOOT to landscape three (3) medians located on US 1 for a budqeted amount of $45.000 City Manager Hooper made a staff presentation. Councilwoman Lichter moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. H. Wrecker Service Aqreement - staff recommendinq approval of contract for wrecker services to Edqewater Garaqe. Inc. City Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Lichter moved for approval, second by Councilman Brown. The motion CARRIED 5-0. I. site Plan - staff recommendinq review and consider approval of site plan for Edqewater Storaqe located west of us 1 and south of Pearl Street City Manager Hooper made a staff presentation. He informed Council they will either approve or deny the site Plan. It has subject to conditions that are listed from the Technical Review Committee and City Engineer. Planning Director Lynne Plaskett went over the proposed site Plan, SP 0102. She commented on this being a conditional use in the new Land Development Code. Staff recommends approval as well as the Planning & Zoning Board pending the deeding of that portion of the road and that they get the revised landscape plan. Councilman Brown stated the entrance coming from south to north, there is no way to turn left. Ms. Plaskett stated there is a median cut there. Councilwoman Rhodes spoke about the traffic impact there being terrible. Ms. Plaskett stated they don't anticipate any traffic impact to the site because of the fact that it is mini-warehouses. Councilman Brown asked if anyone will be able to operate a business out of the storage units. Ms. Plaskett stated in our Code they do not permit the use of internal water or electrical power to these units because of that reason. Councilwoman Rhodes asked if the small office complex is for rentals. Ms. Plaskett informed her that is correct. Councilwoman Rhodes expressed concern with a restaurant or doctors office going in there. Ms. Plaskett stated they don't have enough parking for that. City Manager Hooper stated there are things they can do such as conditional approval and that they don't want certain businesses going in there. Councilwoman Rhodes again expressed concern with the traffic. Ms. Plaskett stated they will have to get an FOOT permit for the driveway. FOOT will look at the traffic count and the number of trips that may be generated from that business. If they feel it is warranted, they may make them put in a left hand turn lane or a deceleration lane. Page -14- Council Regular Meeting May 21, 2001 ~ ~ Councilman Vincenzi asked what steps they have to do in the future. Ms. Plaskett stated after this approval, they will make the final revisions to the plan for staff to sign off on. They would then be issued a development order for them to get a permit to build it, which they are planning on doing in two phases. city Manager Hooper stated if the Council grants conceptual approval tonight, they will turn in final engineering plans. As long as it is within that conceptual approval, it is over and they will be able to get their permits and move on through the process. Councilwoman Lichter stated it used to be that it came to the Council last. City Manager Hooper stated even worse, it never came to Council in the past unless it was platted. Chester Bankston, Owner, made a presentation regarding what they are planning on using the office space for. They have done a number of these projects. Councilwoman Rhodes asked Mr. Bankston where he is from. Mr. Bankston informed her Orlando. Councilwoman Rhodes asked him why he wants to build in Edgewater. Mr. Bankston informed her because he has an apartment over here and he spend a lot of time over here. He feels there is a need for this facility. He spoke about the one he owns in New Smyrna. Mayor Schmidt stated the only concern he would have is that DOT is okay with the median. Mr. Bankston stated they are in the process of getting a DOT permit and they have reviewed it and are going to require a left hand turn lane out there. Mr. Payne asked about the vehicle storage area and questioned who backs up to that property and how long are those people going to have to look at cars or open storage. Mr. Bankston stated they are required to screen that. He further commented on the reason for applying to do this in stages. The area Mr. Payne is concerned about is grown up pasture and nobody lives there. Councilman Brown asked if someone will be able to work on a vehicle that is put back there. Mr. Bankston informed him no. They usually allow them to wash a vehicle and park it but they don't allow mechanic work. Councilwoman Lichter moved for approval of the conceptual plan, second by Councilwoman Rhodes. The motion CARRIED 5-0. Councilwoman Lichter excused herself. She asked Mr. Cousins to put some handicap identification of where handicap parking will go on the site. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick had nothing at this time. citv Manaqer 1) Julv 4th Event Plan (Steve Cousins) Steve Cousins, 2504 Mango Tree Drive, Edgewater Fire-Rescue Association, made a presentation regarding the plans for the July 4th event. He commented on the upgrades they have made with regard to trash pickup, restroom facilities and parking. Page -15- Council Regular Meeting May 21, 2001 '-' 'w1I Councilwoman Rhodes asked if the parking areas will be taped off so people know they can park there. City Manager Hooper stated they are going to work with the Police Department, who has taken on the traffic control. Councilman Brown stated they may also be able to park on the cemetery property. He will know more tomorrow. Mr. Payne asked if this meant they wouldn't be allowing parking on Riverside Drive. Mr. Cousins stated if someone parks on your property that is not approved, they will have to address that by contacting the Police Department. Mr. Payne spoke about eliminating parking on the whole length of Riverside Drive. Mayor Schmidt commented on a section of Riverside Drive that will be closed. They can't close Riverside Drive from No Name Saloon to New Smyrna. It is ludicrous to even talk about. They can take care of cars that are parking on private property that shouldn't be. He spoke about providing a crossing guard and putting up a light if they get the parking at the cemetery. Mr. Payne asked if they can arrange to get no parking signs. City Manager Hooper stated if you call and you have a person parked there, they can and would be ticketed. Mr. Payne stated when you move one out the next one is going to come in. Mayor Schmidt stated they are doing everything possible and they can't watch every single car as they pull in and pullout. They are trying to accommodate because they had concerns from the people on Riverside. Mr. Payne feels it is within the City's power to allow him to empower them to enforce it, cart blunk. He asked if the Council could enact a mechanism by which signs are erected for people that don't appreciate having their yards parked on which say no parking per City ordinance. Mayor Schmidt suggested that someone that lives close to the event on Riverside, put up two pieces of PVC and orange tape. Mr. Payne stated he doesn't want to have a discussion with a guy that is utilizing a piece of property that he has on the river to have his 4th of July party who has had a few too many beers to tell him they don't appreciate what is going on and ask him to move. He doesn't want to go through every time a car pulls in there that disregards any sort of block or barricade to call the Police to deal with it. Councilwoman Rhodes stated and you don't think they are going to disregard signs. Mr. Payne feels there is a certain degree of enforcement with the City that if he demarcates his property and anybody else demarcates their property as no parking zones that the city takes a little bit more of a gumption to enforce that. He doesn't see it as being that labor intensive for the City to provide a mechanism by which they can demarcate properties along Riverside that people like to drive on and park on. Councilwoman Rhodes stated they could probably make him up some signs. She doesn't think anybody is going to pay any attention to those signs just like they aren't going to pay attention to anything else. Mr. Payne stated and that is the point. Councilwoman Rhodes stated they are going to park on your property with your sign and you are going to call the Police and the Police are going to come and give them a ticket which is what is going to happen anyway. Mr. Payne feels people will respect a sign that demarcates it as no parking per City ordinance verses a sign from him that says No Parking. Heidi Payne stated if an officer happens to be driving on Riverside Drive and sees the sign that states City Ordinance No Parking he can then stop. Councilwoman Rhodes stated he can do that anyway. Ms. Payne stated so they won't have to make a phone call, they are just going to write the ticket. Mr. Payne stated so the City will enforce no parking on private property during the 4th of July along Riverside Drive. City Manager Hooper stated that is what they are telling him. Page -16- Council Regular Meeting May 21, 2001 "-' .."", Mr. Payne stated without the presence of signs, he can thoroughly expect that any vehicle that is parked on private property, they will be able to delineate whether that car belongs there or not when they write a ticket. He feels his simple request is getting blown way out of proportion. Mayor Schmidt stated if the car belongs there obviously it is not going to be towed. Councilwoman Rhodes stated hopefully the cars that belong there are going to be parked in the driveway. Mr. Cousins informed Council there are other things addressed in his plan but it is really just standard procedure that they have done. They hope having designated parking areas will help solve a lot of the problems along Riverside Drive. Mayor Schmidt feels this is a giant step forward. He knows they aren't going to please everyone on that whole street. Realistically they can not close down Riverside Drive. Mr. Payne stated but you can keep them from parking there. Mayor Schmidt stated he understands this is going to take care of the area they need to take care of and he understands that some responsibility because of where some people live needs to be taken upon by themselves. If they do not want anyone to park on their piece of property, there are many options they can do and the City doesn't need to go out and print up signs that chances are people aren't going to read. He appreciates the work they are trying to do. Councilman Brown asked if they can make some yellow tape available for the people that want to block their property. Councilwoman Rhodes asked if they can make a sign for the people that might want a sign. City Manager Hooper stated they can do whatever the Council wants. Mr. Payne asked if he can place a fence at the property borders. Mayor Schmidt stated as long as you pull a permit and it fits in the right-of-way and code. Mr. Payne stated he is talking about temporary fencing during the 4th of July event. Mayor Schmidt stated as long as you pull a permit and the fence is legal and not a safety issue. Mr. Payne stated the orange temporary construction fencing. City Manager Hooper stated you can put that there. City Manager Hooper commented on the people that are letting the city use their property for parking wanting a hold harmless agreement. Most of the people have requested the city cut the grass before and leave it neat when we are done. They are agreeing to do those things. 2) Riverside Drive Traffic Studv (Hooper) City Manager Hooper explained the traffic study that was done on Riverside Drive. He commented on the trip counts on Riverside Drive. The current number of trips are below any threshold the City has, DOT has or the County has. He further commented on the speed on Riverside Drive. City Manager Hooper referred to comments made by former City Manager George McMahon, former City Engineer Kyle Fegley and former Police Chief Lawrence Schumaker when this was an issue in the past. city Manager Hooper feels the best things for the City to do if it wants to improve is strict enforcement of speed limits. If Council directs him and Chief Ignasiak that that is what they want to see. The second item that can help are traffic calming devices such as minor lane shifts to slow down traffic, pavers, or a small median in the center in areas such as Park Avenue, SR 442 and Ocean Avenue. He feels a stop sign would probably create a hazard in any place other than Park Avenue. He feels this is the only place that makes traffic sense. Page -17- Council Regular Meeting May 21, 2001 '-" """'" City Manager Hooper recommended, if Council wishes, they could try one stop sign. If Council would like, he would like to do the enforcement. Make that the first step and the second is they look at some funding mechanisms to do some of these traffic calming devices. Council agreed enforcement would be the way to start. Councilwoman Rhodes feels if there was a stop sign at Park Avenue, people backing out of city Hall would have traffic stopped behind them. She feels this will create more hazard than it prevents. Anton Heeb, 616 N. Riverside Drive, appreciates the effort the Chief and Police Department have made in their study. He disagrees with them. He lives at the entrance to Edgewater and he sees traffic coming into their area disobeying the speed limit. He feels the people see the Smart Cart and slow down before they get to it. He spoke about Riverside Drive being used as a substitute instead of driving on u.S. #1. He suggested the City consider a monument circle or teacups. City Manager Hooper explained he is talking about a round about. Mr. Heeb commented on the noise level. Mayor Schmidt spoke about no bus stop pickups on Riverside. He questioned why they are on there unless they came down a side street after picking someone up or if they are using it to go down to the next stop. City Manager Hooper stated when he contacted the School Board, they come down one street to pick up kids and then go left or right and come back out on Riverside. They don't run long lengths of it at one time. Mr. Heeb asked about the school buses that turn onto Riverside go down to Park and then go down to u.S. #1 without making any stops. He further commented on the noise level of those buses. He spoke about the noise level from large commercial trucks when they come across the bridge coming into Edgewater. He also commented on the boat trailers. He doesn't feel school buses need to travel down Riverside. He asked the City give a lot of consideration to reducing or discouraging that traffic. Mayor Schmidt asked City Manager Hooper to see if New Smyrna has any data regarding Riverside Drive. City Manager Hooper stated they talked to them. He commented on their using enforcement. They will tell you the reason they have less speed in some of their areas is because the road has deteriorated quite a bit. Councilwoman Rhodes asked if there is a way to keep trucks on u.S. #1. City Manager Hooper stated we have it posted and we enforce it but you are going to have some trucks because of deliveries and people wanting to get to the side streets. Mr. Heeb stated he doesn't want to present a misconception about saying he doesn't want people on Riverside Drive. Trucks belong on Riverside because they are serving the community. They want to try and discourage the people that would normally use u.S. #1 from using Riverside Drive. Councilwoman Rhodes spoke about being guilty of taking Riverside Drive home from work everyday. Mr. Payne stated they can not prevent people from driving down Riverside Drive. He further commented on enforcement. He suggested lowering the speed limit on Riverside Drive to 15 so people do 25. Page -18- Council Regular Meeting May 21, 2001 '-' ..., Mr. Payne asked City Manager Hooper if he had anything from DOT demonstrating that stop signs are accident inducing. He spoke about the minimum standards for DOT and there being nothing that precludes this city from having higher standards than DOT. City Manager Hooper commented on data that DOT has that describes below certain speeds and below certain trip generations, stop signs cause more. It is not like it is an accident situation, it's speeding that is occurring. There was a brief discussion regarding Riverside Drive being designated as a scenic highway. Ms. Payne spoke about there being five cars a minute that go by her house on Riverside Drive. Mayor Schmidt stated they are going to try strict enforcement and try to detour the people that are doing the speeding. Mr. Payne asked if the City's position is in fact that we don't care that there is that much traffic. Mayor Schmidt stated that is not the position of the city. Chris Pluscec, 120 N. Riverside Drive, stated she appreciates the efforts of the Council and City Manager. She has an issue with the speed. She asked if once with the efforts of the strict enforcement and pavers and everything they are suggesting will help, if they could then take another look if there is a device that will get a more accurate count of the speed when people don't know the sign is there and the speed is being recorded. She thinks they will get a different picture of how fast people are traveling. Councilwoman Rhodes asked Chief Ignasiak to have radar for one full day on Riverside Drive and see if the numbers match. City Manager Hooper agreed to do that. Legal Assistant Matusick stated they were out there this morning. 3) Kennedy Park/City Hall Relocation city Manager Hooper asked for direction. He would like to get some price quotes, work internal City staff, develop a schematic that says if this were to be developed as a city Hall site, here is what would have to be done. Compare and contrast that with the offers they have had for the offsite locations they are looking at. Price those and put that together as a packet and bring it back to Council and make a decision over direction on where they are headed over the siting of the City Hall. It was the consensus of the council to do that. City Manager Hooper stated he would not be able to be here on June 4th and would like to reschedule that meeting to June 11th or just have one meeting in June. The Council decided to have one meeting in June on June 18th. City Manager Hooper reminded the Council of the Joint Meeting on Consolidated Dispatch. 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 10:37 p.m. Minutes submitted by: Lisa Bloomer Page -19- Council Regular Meeting May 21, 2001