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01-28-2002 - Regular 'W' ...., " '~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 28, 2002 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 There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS Mayor Schmidt stated the Chamber of Commerce recently had a dinner to honor some local people for some outstanding duties to the community and Councilwoman Lichter wasn't able to make it. He presented Councilwoman Lichter with a plaque from the Chamber of Commerce. CITIZEN COMMENTS Dominic Capria, 606 Topside Circle, stated at the Workshop meeting they had signed up to receive drafts. He hasn't received any drafts yet. City Manager Hooper informed Mr. Capria they went out today. Mr. Capria spoke with regard to Item 8A - Waterway Park Subdivision Water Distribution System. He asked if they have annexed into the City. City Manager Hooper stated no. Mr. Capria asked why are we spending $396,000. City Manager Hooper stated we are not. The County is paying that. It is in our service area so we are putting the lines in. There is an assessment that the County imposed on them. Mr. Capria asked how much they will be paying for their water. City Manager Hooper stated their rates are the same rates we have through the City. Doris Hill asked if they will pay that to the City. City Manager Hooper informed her yes. Norma Conway, 2222 pine Tree Drive, asked if there is any Code Enforcement in Florida Shores because she is very disgusted with the trash cans and recycling bins that are sitting in front of houses. She is embarrassed for people walking up the street and having to look at something like that. There are at least three homes on her street like that. '-" ...." city Manager Hooper asked Ms. Conway if she has called in a complaint. Ms. Conway stated call who? City Manager Hooper stated Code Enforcement. Ms. Conway stated she didn't know who to talk to. city Manager Hooper stated they would look into that. Mayor Schmidt stated if you drive around and hit a lot of the streets unfortunately it does seem to be getting worse. Patrick Conway, 2222 pine Tree Drive, asked if Code Enforcement or the Police Department rides around? City Manager Hooper informed him to some extent but if there is a specific complaint, it is easier to resolve a specific complaint. They do patrols but being there are only two Code Enforcement Officers so they don't cover all of it. He informed Mr. Conway they have a list and it is a prioritized list. He guessed there are more problems than solutions. CITY COUNCIL REPORTS Councilwoman Rhodes stated she enjoyed watching Mayor Schmidt and Councilman vincenzi compete with the firemen. She feels they did very well. She spoke about driving the fire truck. She is deeply indebted to the people that do that job on a day-to-day basis. It makes you think about how lucky we are that there are people that are willing to do this for us. Councilwoman Lichter stated First Call for Help is a directory of all the organizations that are out there that can give help, various types of family services. The Representative from that group sits in on the Southeast Volusia Senior Advisory Board and he tells her that within a year there is going to be a 211 number, just like 911 for emergencies, for people to dial and ask any area question where they might need help. Councilwoman Lichter spoke about the Historical Society Installation Dinner she attended. The speaker was an Anthropologist/Archaeologist. The most interesting part of his conversation was, besides the beaches as attractions in Florida, second on the list of why people come here, are for cultural/historical significant happenings or areas to see. She briefly spoke about using the property next to Dustin's for the Historical society. This may put Edgewater on the map. She heard a weather report this week and Edgewater was mentioned. Councilwoman Lichter spoke about the controlled burn they attended next to the First Baptist Church. She gave Councilman Brown credit for participating as well as our firemen. Councilwoman Lichter spoke about the Volusian Water Alliance Plan. There have been numerous articles in the News Journal and various papers, half of which is correct. The Water Alliance, which is made up of 16 cities in Volusia County, is the only such Alliance in the whole state where every City and a County participates where they have all had input in this Plan although only 10 of them have a vote and we are one of those ten. The others do not because they are CUP, which means somebody else provides their water service for them. Councilwoman Lichter spoke about the reason for this Plan. It is three fold. The City Managers have a say, TAC the technical people have a second group that meet and a representative from the Council has a vote. They have formulate a plan that is a blueprint. It is not written in stone. Every five years it is to be looked at again. Page -2- Council Regular Meeting January 28, 2002 ~ ...." Councilwoman Lichter spoke about tension in Volusia County between east and west. People who do not have a vote do not pay to be in the group. The Alliance has hired an Attorney and Wednesday this week, those that are left in Volusia County, will be meeting individually with that office of Attorneys to ask questions. She encouraged the Council to get any questions to the City Clerk and she will get them to the Attorney. Councilwoman Lichter stated the Volusian Water Alliance is not paying for the Plan, st. John's River Water Management District has paid for the Plan. Councilwoman Lichter spoke about Habitat for Humanity. She has received at least four phone calls concerning several aspects that are bothering people that have to do with property values. In the last two years there have been ten Habitat houses built. six have been built in the last year. Of these six, they are basically all located in a peripheral of streets in District 4. The people are concerned basically that there are so many being built at one time, there was a rumor that all the lot sizes were not standard lot sizes, the depreciation of their property, the look of the house. She went and saw them and they are pretty neat, small compact houses but it is true there isn't even a breeze way. There is no garage. There is a shed in the back. without a breeze way or garage, it might encourage types of coverages for the cars that they are not trying to encourage. They are wondering if the city can do a couple of things. They are wondering if we might be able to see how many in a given year go up, if they could talk about at least a breeze way, the property values and some are too close and may not meet all the requirements. She has asked City Manager Hooper to check it out which he has done. City Clerk Wadsworth passed out a list of all the Habitat for Humanity Single Family Residences. City Manager Hooper explained our Code says it has to be 1200 square feet, which they all are. There isn't a Code requirement for a garage or carport. He passed down pictures of the house on Banyan Drive. They have found a couple of homes that are going to the Planning and Zoning Board for variances for setbacks. A stop work order has been issued on two of the homes. He spoke about the Council approving the City's portion of fees but still having the impact fees. He has spoken to some of the builders and there has been a fair number because of the waiving that had been done in the past and the fairly inexpensive lots. He informed Council they can mandate it to see how many we have. If they are interested in some kind of requirement to mandate a carport or garage, that could be looked at. Councilwoman Lichter stated one of the complainants said that a property owner that tried to buy a lot did not because they were told that it didn't meet size requirements. She stated maybe they wanted to put it a different way. City Manager Hooper spoke about if you have it fronting in a certain direction. He stated Mr. Fischer has worked some of those to help them and he does that with all developers. He works with them to put that structure on a particular lot so that it meets the setback. The one they have right now had a requirement to have a setback. It is just that when they poured the pad, the pad is two feet on one corner closer to the road than it is supposed to be. Councilwoman Lichter stated she brings this up for them to look at it and think about it. She can understand their legitimate concern. She feels they have to give some thought to a given number in a year. If developers are really trying to get rid of odd shaped lots, she doesn't know. Page -3- Council Regular Meeting January 28, 2002 .... ..., Councilman Vincenzi asked why these houses have to go by any other Code except what is out there now. city Manager Hooper stated they are under the same Code. That is what he is describing. They meet the same Code, they are just at the minimum of the Code. Most of the newer houses are larger square footage. This has a minimum requirement of 1200 square feet. Councilman Vincenzi asked if these people are complaining because some of these houses look like they may not be meeting the Code or because they are Habitat for Humanity Houses. Councilwoman Lichter stated what they said was they had friends that tried to by a particular lot, which she doesn't know is fact, and that they were told that the lot didn't meet the size requirements and yet a Habitat House is going on that lot. Councilman Vincenzi asked if it didn't meet size requirements to build any house. Councilwoman Lichter stated she is just telling the heresay. What they are worried about is the depreciation of their houses because there is so many clustered in one area. Councilman Vincenzi stated so what he is getting at is Habitat for Humanity is not being done any favors or anything like that. They are meeting all the Codes and jumping all the hoops just like everybody else. Mayor Schmidt stated they just happen to build a smaller, basic house. City Manager Hooper stated most of the newer houses in Florida Shores are going in that are pricier. These are going in and they meet our Codes but they are at the very minimum size and very minimum of adding value to a neighborhood. Councilwoman Rhodes stated so if we want a $100,000 house in there then they need to change the Codes. City Manager Hooper stated they would need to up it to 1400 or 1500 square feet and do that kind of thing. Councilwoman Lichter stated she doesn't know if they are all lots that developers give and for what reason she doesn't know. City Manager Hooper explained some are individuals giving them up for tax write off. It is his understanding that most of those are probably what is occurring. Mr. Fischer stated most of these are corner lots and a corner lot does not have the area that you would normally get by a house that is in the middle of the block. So consequently the house that you get to put on a corner lot is going to be smaller and some of these have been that way. There was a brief discussion regarding changing the Codes to increase the square footage. Mary Patton, 2730 Date Palm Drive, stated the only question is they would like them more spread out. There are four homes on three streets right in their area. They are nice homes but she thinks Florida Shores is a big area and why can't they be more spread out than what they are. She feels the Habitat Homes are great. Councilwoman Rhodes stated so if three different people had bought those lots and built houses the same houses which by Code they are allowed to build that would be okay. Ms. Patton stated get real you know that doesn't happen that often. These are all Habitat homes and the thing they are saying is that most of the homes in the area have a garage or a carport. These are smaller homes with just a utility building so you are depreciating the value of property in one certain area. She thinks the City should be more aware of where the homes are going and have them spread out more. Page -4- Council Regular Meeting January 28, 2002 "-" "Wf/I Councilwoman Rhodes stated you can't do that. That is discrimination and it has nothing to do with a color discrimination. Ms. Patton stated why can't Habitat come up with a home that either has a garage or a carport. They also aren't giving the Habitat people that are buying these homes any value. Mayor Schmidt feels that is something Habitat is going to have to look at within themselves and see if they can find a way to build or get more donations to be able to build something with a carport or garage. They need to consider what is that house going to be worth to those people. Mr. Anderson stated on pouring a cement pad and later finding out it is in the wrong spot, instead of changing the Code they may want to consider a draft from the surveyor. If you are dealing with a bank and you build a house, you have to produce a survey plot, the second survey plot before the concrete is poured and after it is staked out because the bank doesn't want to go through the problem of having exactly what the City is going through. He suggested having a simple requirement for having a second backup survey. City Manager Hooper stated they do that but sometimes the pad gets poured in the wrong place. Councilman Brown spoke about the house that was burned down. His respect for the Fire Department went up tremendously. He went on to speak about his experience inside the burning house. He spoke about the thermal imaging scanner the Fire Department has. He feels that is going to save a tremendous amount of lives. The city is going to be getting another one. Councilman Brown spoke about the progress on the swimming pool at the YMCA. It will be done shortly. Councilman Brown stated he attended the Consolidated Dispatch System signing. He feels it will help all the cities involved. Councilman Vincenzi thanked the Fire Department. He didn't go to the house burning but he did participate in the Firemen's Challenge they had the week before. It was interesting to see what they have to do and what they have to go through. Mayor Schmidt spoke about driving the fire truck and his experience in the Firemen's Challenge. Mayor Schmidt stated he spoke to Police Chief Ignasiak about something they can all do. There will be some information coming on that in the near future. Mayor Schmidt stated the Communications Interlocal Agency is now officially up and running. He got elected Chairman of this group for this year. He feels this has so much potential and that they are doing everything right the first time. They are in the process of hiring the Director. They will discuss this at their meeting on the 14th. The final location will be in New Smyrna between Edgewater and Port Orange. He feels this is showing the County that with a little give they can do some great things. Mayor Schmidt asked City Manager Hooper if he can get a copy of the Interlocal Agreement ~etween the County and the cities that has to do with the Water Alliance and different things. It came up at VCOG tonight and he would like to see the document. City Manager Hooper agreed to get Mayor Schmidt a copy of the agreement. Page -5- Council Regular Meeting January 28, 2002 ,.,... ..."" Mayor Schmidt stated at the MPO meeting last week he delivered the letters about the speed limits and the lighting along u.S. #1. They showed that the repaving was completed but in the contract for the repaving some of the wording in it stated there should have been a left turn southbound lane installed at Roberts Road and u.S. #1. He asked the representative from DOT what happened to it. The representative agreed to find out. They should have an answer within 60 days about the speed limit and the availability of putting some lights from Roberts Road to Winn Dixie. Mayor Schmidt stated at the VCOG tonight they discussed the Fire/EMS study that is going on that is sponsored by VCOG and the County to evaluate the County and City's interworkings for Fire/EMS, transport and all that. There is going to be a public hearing on February 4th from 3 p.m. to 5 p.m. so they can hear from people. They are eager to hear from people. The meeting will be held in the Community Center. Mayor Schmidt stated spoke about the Universal Animal Tag Program that was discussed at VCOG. He passed the paperwork to City Clerk Wadsworth and asked her to make copies for Council. She is going to be contacting either city Clerk Wadsworth or City Manager Hooper to set up a date where she can come to a Council meeting and explain the program. Mayor Schmidt stated when it comes to the noise and the issue of bars, there have been a few accusations made. People are assuming he has a financial interest in the No Name Saloon. He does not have nothing to do with the No Name Saloon financially. He did in the very beginning of that bar when he had thought about opening up the kitchen that is inside, as his business. In the very beginning he had given them some money that was part of what his going into it was when they first opened up. That money was paid back to him and has been for a year and half or two years. What he does have is a personal interest when it comes to his daughter because as some people know, Tanya is the mother of my daughter. This puts him in a real tough spot but it is not a spot where he feels he is violating anything. Unfortunately, the way politics goes, people are going to assume and people are going to make up their own mind without asking the source. When it comes down to the final day when they have to vote on this, he doesn't know right now if he will say he is going to vote or if he is going to say he just feels it is best that he doesn't. He has talked with the City Attorney and got a written opinion from him. It seems according to that there shouldn't be a problem. He sees his daughter seven days a week, he is there for her and will always be there for her. He will have to decide near the end if he wants people to start razzing her, bugging her or bugging me because he goes to the house and see her and Tanya happens to be there. It is a unique situation but he will deal with that as time goes on. He is not going to steer away from his duties as Mayor. People didn't elect him to sit back and watch and he will not do that. When it comes down to it, he is going to get as many opinions as he can and he will take it from there. He wants everyone to know there is not a financial interest at all in there. If he gives Tanya money, Tanya gets money for Stephanie. But usually if Stephanie needs something it is coming from him anyway. He has heard that people may be trying to find checks and other things. All the more power to them. You don't mess with somebody's family. You just don't do that. There was a ten-minute recess at this time. Page -6- Council Regular Meeting January 28, 2002 ~ ...., PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Res. No. 2002-R-01. staff recommendinq authorization to submit a Volusia ECHO 2002 Grant-In-Aid application for upgrades to the Hawks Park site. assurinq the required 50% matchinq funds and authorize the Mavor to execute a Binding Grant Award Aqreement and Restrictive Covenants City Manager Hooper made a staff presentation. Councilwoman Rhodes asked if a lot of the grant processes require you to spend money. city Manager Hooper explained most of them do. Councilwoman Rhodes stated she was talking about spending money to submit the application for the grant. City manager Hooper explained most of the other ones, we use instead of in- house some outside consultants to help write the grant and we pay for that. This is unusual they want you to do engineering work. They are using it part as a weaning process. If you are serious and really want the project, you will get some engineering work, some price quotes, some estimates, and some architectural drawings. Councilwoman Rhodes asked if that counts toward your matching funds. City Manager Hooper stated in-kind. If the city had to put up $250,000 and $50,000 is already paid, yes that would count. Mayor Schmidt stated he would think as money gets tighter and tighter that you are going to find this more. If you want to go after the big money, it might cost you a little bit. City Manager Hooper stated the further you get from Washington, to the State and down to the local level you will see more screening going into it. Councilwoman Lichter asked about getting signage on the corner of U.S. #1 so it just doesn't say YMCA. City Manager Hooper stated Mr. Corder has something tonight. He has a drawing and they are going to get Council to approve the sign later. Legal Assistant read Res. 2002-R-01 into the record. Mayor Schmidt opened the public hearing. Doris Hill, 112 Lincoln Road, stated she is in favor of this but asked where they are going to get the money. City Manager Hooper informed her most of the match comes from when they purchased the property, they can use the purchase price as part of the match. The other comes from park impact fees. Councilwoman Rhodes stated if we spend the money for the engineering and drawings and we don't get the grant, are we going to be able to fund this project ourselves or will it be wasted money. city Manager Hooper stated it won't be wasted. You will just fund it over a larger period of time. He is very comfortable the City will get a substantial portion of this. This is a good application. Mr. Corder stated you can reapply each year. Councilwoman Rhodes doesn't want the City to spend money that is going to be wasted. City Manager Hooper explained this is part of the general plan for the park so the ampitheater will get built surely but won't happen as quick without the grant money. Councilwoman Lichter stated the Historical society is already being worked on. Mayor Schmidt closed the public hearing. Page -7- Council Regular Meeting January 28, 2002 ~ ...., Mayor Schmidt stated he thinks also what helps is the way Edgewater has been promoted over the last several years. He thinks some of the groups are less willing to just push Edgewater aside. He thinks this is our time to be getting some of this. City Manager Hooper stated plus Edgewater is one of the few cities that works with the County. The rest of them are all fighting right now. Councilman Brown moved to approve Res. 2002-R-Ol, second by Councilwoman Rhodes. The motion CARRIED 5-0. B. Res. No. 2002-R-02, staff recommendinq authorization to submit a Ponce de Leon Inlet & Port District Joint Participation Program application for upqradinq the Boat Dock Ramp facility, assurinq the required 50% matchinq funds and authorize the Mavor to enter into an Interlocal Aqreement C. Res. No. 2002-R-03, staff recommendinq authorization to submit a Ponce De Leon Inlet & Port District Joint participation Proqram application for construction of Fishinq pier with Gazebo, assuring the required 50% matchinq funds and authorize the Mmayor to enter into an Interlocal Aqreement City Manager Hooper made a staff presentation with regard to Res. 2002-R-02 and Res. 2002-R-03. Legal Assistant Matusick read Res. 2002-R-02 and Res. 2002-R-03 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Mayor Schmidt stated when he looked at the diagram for the dock and the pier and the gazebo he thought that was great. Councilwoman Rhodes asked if the gazebo is going to be on the water. Mayor Schmidt stated at the end of the dock. Councilwoman Rhodes asked if there is going to be a load capacity for that gazebo. She expressed concern with the 4th of July celebration with kids hanging off the railing and 25,000 people all piled on there. city Manager Hooper stated that is kind of like what happens at Veterans. They try to limit them and they do the best they can to keep that many number of children off. It takes enforcement. Councilwoman Rhodes feels it has a possibility of collapsing if too many people are on it. city Manager Hooper stated it is designed to hold a lot of people. As many as you can put on it just by space, it will hold that quantity of people. city Manager Hooper stated on February 26th they are going to have a Work Session regarding the city Hall site and the Park across the street. Councilwoman Lichter spoke about how small the drawing is. She asked if that is the size they are submitting for the grant. Mr. Corder informed her that is the size that has been submitted to the Port Authority. Their requirements was that size or smaller. Last Thursday he was at the Port Authority Board meeting and the Board has recommended to the County Council they approve these grants. Councilman Vincenzi asked where the matching money is coming from for this grant. City Manager Hooper stated the same thing, impact fees. Mr. Corder stated they will also be applying for FIND for a portion of this one. City Manager Hooper stated the City's portion will be from impact fees or they will try to get another grant to match that grant with the Florida Inland Navigation District. Page -8- Council Regular Meeting January 28, 2002 'W' .."" Councilwoman Lichter moved to approve Res. 2002-R-02, second by Councilman Vincenzi. The motion CARRIED 5-0. Councilman vincenzi moved to approve Res. 2002-R-03, second by Councilwoman Lichter. The motion CARRIED 5-0. nd d' d D. 2 Rea lnq, Or . No. Land Use Map from County Systems Corridor to city south side of SR 442 and Item 6C) 2001-0-78, amendinq the Official Future Urban Low Intensity and Environmental Commercial for property located on the east of 1-95 (continued from 12/3/01, E. 2nd Reading, Ord. No. 2001-0-79, amendinq the Official Zoninq Map from County RC (Resource Corridor) to city B-3 (Hiqhway Commercial) for property located on the south side of SR 442 and east of 1-95 (continued from 12/3/01, Item 6D) city Manager Hooper made a staff presentation with regard to Ord. 2001-0-78 and Ord. 2001-0-79. Legal Assistant Matusick read Ord. 2001-0-78 and Ord. 2001-0-79 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2001-0-78, second by Councilman Vincenzi. The motion CARRIED 5-0. Councilman Vincenzi moved to approve Ord. 2001-0-79, second by Councilman Brown. The motion CARRIED 5-0. F. 2nd Reading, Ord. No. 2001-0-80, amendinq the Official Future Land Use Map from County Rural to Low Density Transition for property located at Lots 17 and 18 Massey Ranch Airpark, unit 1, also known as 1020 and 1034 Flyinq M Court (continued from 12/3/01, Item 6E) G. 2nd Readinq, Ord. No. 2001-0-81, amendinq the Official Zoninq Map from County A-3 (Transitional Agriculture) to city RT (Rural Transitional) for property located at Lots 17 and 18 Massey Ranch Airpark, unit 1, also known as 1020 and 1024 Flyinq M Court (continued from 12/3/01, Item 6F) City Manager Hooper made a staff presentation with regard to Ord. 2001-0-80 and 2001-0-81. Legal Assistant Matusick read Ord. 2001-0-80 and Ord. 2001-0-81 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter commented on the change with the single family residences that are on the east. Is low density transition and transitional agriculture going to impact on those single family homes or is the proximity to the airport going to impact on these homes. City Manager Hooper stated these are a fly-in community so rural transitional, large lots, they have taxiway access to the airport and it is the same as the surrounding residential lots. Councilwoman Lichter stated so they have some type of special zoning now that these houses are in a community that can be near an airport. city Manager Hooper stated that is correct and these are just catching up with the rest of them. These came in after the rest of Flying M Court had been annexed last year. Page -9- Council Regular Meeting January 28, 2002 ,., ...., Councilwoman Rhodes moved to approve Ord. 2001-0-80, second by Councilwoman Lichter. The motion CARRIED 5-0. Councilman Vincenzi moved to approve Ord. 2001-0-81, second by Councilman Brown. The motion CARRIED 5-0. nd d' d H. 2 Rea lnq, Or . No. Land Use Map from County located west of US 1 and (continued from 12/3/01, 2001-0-82, amendinq the Official Future Commercial to Commercial for property 360+ feet south of Silver Circle Item 6G) I. 2nd Readinq, Ord. No. 2001-0-83, amendinq the Official Zoning Map from County B-4 (General Commercial) to city B-3 (Hiqhway Commercial) for pro?erty located west of US 1 and 360+ feet south of Silver Circle (continued from 12/3/01, Item 6H) City Manager Hooper made a staff presentation with regard to Ord. 2001-0-82 and Ord. 2001-0-83. Legal Assistant Matusick read Ord. 2001-0-82 and Ord. 2001-0-83 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter asked if they came in and asked to annex into the city. Mr. Lear stated he believed the annexation was done in the early 1990's. City Manager Hooper stated it has been in the City and they never did the Comp Plan and the zoning. Councilwoman Lichter stated if there is a mobile home park in existence that whole time and it has been in the City but now it is officially changing designation, does that have to be brought up to any kind of different city standards. Mr. Lear stated the parcel they are talking about is vacant right now. He asked if she was talking about the property adjacent to it. Councilwoman Lichter stated south is the mobile home park. Mr. Lear stated that is already in the City and already has City designation. Councilwoman Lichter moved to approve Ord. 2001-0-82, second by Councilwoman Rhodes. The motion CARRIED 5-0. Councilman Brown moved to approve Ord. 2001-0-83, second by Councilman Vincenzi. The motion CARRIED 5-0. J. 1st Readinq, Ord. No. 2002-0-01, Willie G. Wood, owner, requestinq annexation of .34+ acres of property located at 3665 S. Ridqewood Avenue city Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2002-0-01 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve, second by Councilwoman Lichter. The motion CARRIED 5-0. K. 1st Readinq, Ord. No. 2002-0-02, city of Edqewater, owner, requestinq annexation of .38+ acres of property located north of the city Water Plant on SR 442 and westerly of FEC Railway City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2002-0-02 into the record. Page -10- Council Regular Meeting January 28, 2002 "-" """"" Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Mayor Schmidt asked if this is the set of tracks that is dead that Maglev is using on the other side of SR 442. City Manager Hooper stated there is a section of it south of SR 442. Councilwoman Lichter moved to approve Ord. 2002-0-02, second by Councilwoman Rhodes. The motion CARRIED 5-0. L. 1st Readinq. Ord. No. 2002-0-03. adoption of the new State Buildinq Code. pursuant to State Statute 553.73 State of Florida (2001) and local amendments to Chapter 1 (Administration) and NFPA 70 (NEC) city Manager Hooper made a staff presentation. Mayor Schmidt stated they passed on a recommendation to all the cities through a unanimous vote of VCOG to try and get all the cities to vote this in. He commented on questions people had at VCOG with regard to the nine amendments for the electrical section. They also discussed the aluminum wiring. Legal Assistant Matusick read Ord. 2002-0-03 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter asked Building Official Fischer if there are any problems that he sees with this. Mr. Fischer stated he was the Chairman of the local committee and this has been a long process of getting Chapter 1 - Administration done. This is mandated by the State and goes into effect March 1st. The Electrical Amendments are down from 37 amendments to 9 amendments. Councilman Brown asked if anything is in conflict with our existing laws. Mr. Fischer informed him no. As of March 1st they will move into the new Florida Building Code and that will take precedence over everything that is built in Florida. Councilwoman Lichter moved to approve, second by Councilman Vincenzi. The motion CARRIED 5-0. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. OTHER BUSINESS A. Waterway Park Subdivision Distribution System - staff requestinq authorization to issue a 'Notice of Intent to Award' to McMahon Construction Company. Inc. for construction of a water distribution system for $396.000 and authorize city Manaqer to execute the contract documents upon receipt of insurance. bonds. and other documentation City Manager Hooper made a staff presentation. Mayor Schmidt asked City Manager Hooper about most of the companies buying supplies at the same place with regard to the wide range between bids. How do you go from $396,000 to $668,000 on the same trenches, is that just the way things work? City Manager Hooper explained why this happens. Councilwoman Lichter stated she got one call from a resident and asked if they anticipate how long this might be. city Manager Hooper stated he thinks they are talking of a four month time period. Page -11- Council Regular Meeting January 28, 2002 '-" ...., Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. B. Bank Loan - staff recommendinq approval to award RFP to Bank of America for 'bank qualified' loan not to exceed $7,680,000 and authorize the City Manaqer or Mayor to execute the loan aqreement and authorize the city Manaqer or Mayor to execute the loan aqreement after city Attorney Scott Cookson reviews and approves closing documents city Manager Hooper made a staff presentation. Mayor Schmidt asked Finance Director Michele Goins what makes this the best of the three in her opinion. Ms. Goins spoke about being interested in a bank that was going to give us a lot of flexibility and make sure we got the lowest interest rate we could. Based on the interview process, Bank of America seemed to be the one bank that was most willing to give us what we were looking for. Mayor Schmidt stated even though we do a lot of our stuff with First Union, they didn't feel comfortable with them. Ms. Goins stated of the three banks, First Union had some of the higher rates. She feels since Bank of America is being aggressive and they are willing to work with us in the way that they are as far as the interest rates go is obviously to the City's best interest to grab that opportunity. City Manager Hooper commented on the interview process and the negotiations they went through. Councilman Vincenzi stated he is a little leery about borrowing all that money. On the water and sewer notes, it is 5.14 million. He knows $2 million is for the reclaimed water. He asked for a summary of what $3 million of the money is for. City Manager Hooper stated the other is water and sewer improvements along Park Avenue, extension along SR 442 and Waterway Park. Councilman Vincenzi asked if this is going to be put in as the road is improved or as people are interested in moving out there. City Manager Hooper explained there will be a combination of both. Councilman Vincenzi stated he had a little problem with spending the money without a pretty good guarantee that somebody will be out there to make use of the service. City Manager Hooper stated he doesn't think they will get to that point. Some of it they have to promise that they can put it in within a certain time period. They will be back asking Council to take down the money before they do. Councilwoman Lichter asked if there is a cutoff point if we need it. As projects get evaluated and they see what the economy is, do they have to borrow this much if they change their mind along the line. city Manager Hooper stated this is a line of credit approach. They will have a secured line of credit that will say that amount and they can borrow in increments up to that or they can borrow it all and pay back what they don't use. Councilwoman Rhodes stated we are providing infrastructure for Waterway Park and the County is going to reimburse us for that so why are we going to borrow money and pay interest if the County isn't going to reimburse us for the interest. City Manager Hooper stated the County is going to reimburse the city for the total cost. Page -12- Council Regular Meeting January 28, 2002 ....., ..." Mayor Schmidt stated the reason we have to do it that way is because Waterway Park is in the County. city Manager Hooper stated if it were in the City, they would be asking the city to do an assessment program like Florida Shores. Due to there being no further comments, Mayor Schmidt opened and closed the public hearing. Councilman Vincenzi moved for approval, second by Councilman Brown. 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 commented on the sign for the Hawks Park Recreation Complex. Mr. Corder commented on the detail of the sign. Councilwoman Rhodes feels people won't be able to read the sign riding down u.S. #1 at 45 miles per hour. There was a brief discussion regarding putting information on the marquee sign. Mayor Schmidt feels something to think about in the future is he thinks they can envision a traffic light eventually at that corner. Councilwoman Rhodes asked if they have to make a decision on this right now. She feels if they want to put information, they should put it on the Fire Department sign. Councilwoman Rhodes suggested making this a quaint sign that fits in with the whole historical theme. City Manager Hooper stated you can do some of that, maybe the landscaping around it can. He further presented some examples of what will go on the sign. Councilwoman Rhodes presented some suggestions for making the sign more quaint and more historic looking. She wants something that keeps with the historical aspect of the property. Mayor Schmidt asked if anyone likes the name Turgot. He suggested something like Recreational Drive, something that relates to the thirty some odd acres they are investing in. Councilwoman Rhodes stated what happens when there are more things out. Are they going to keep making this sign bigger? Why isn't it just City of Edgewater Hawks Park Recreational Complex and then there could be individual signs in front of the different buildings for whatever is in that building. Mr. Corder stated when he did this, he just put was going to be the three main facilities at the site. Councilwoman Lichter asked if they could give it some thought and get back to Mr. Corder. Mr. Corder agreed to wait. Mr. Corder thinks they are moving their offices there they have to have on the main sign that the Department is there. Councilwoman Rhodes suggested putting Hawks Park Recreational Complex and then Leisure Services Department underneath it and leave the rest of it off. Councilwoman Lichter spoke about having a map indicating where things are in the Complex. Page -13- Council Regular Meeting January 28, 2002 '-' ...., City Manager Hooper informed the Council they now have the second drafts for the noise ordinance and special activity permit ordinance. The Workshop will be held February 5th at 6 p.m. as the Work Session to take public input on that. Mayor Schmidt asked if there are a few copies available at the front desk if someone comes in and wants one. City Manager Hooper informed him yes. Councilman Brown mentioned going to Tallahassee for Volusia Day to promote our City and County. Councilwoman Lichter spoke about public input. That is to hear from the people. They will have another hearing or sit down and take what they said and incorporate it into some type of Workshop meeting to incorporate what they have come up with. City Manager Hooper commented on what he envisioned to happen at the February 5th Workshop. Councilwoman Lichter stated she knows we are no longer reserving the land for the High School because they are interested in the church property across the street from the college. She was also told by people that the horse farm deal fell through and that the Junior High School was going to be over there and she hasn't heard anything to that affect at all. City Manager Hooper stated to the best of his knowledge that is not true. They bought the property, they closed on the property, it is in their five-year work plan. He has heard nothing that it is going to be anything other than the Middle School at the Horse Farm. Councilwoman Lichter stated she just wanted to make sure the Middle School in Edgewater is still viable, active and hot. City Manager Hooper stated he was given a map today of the conceptual layout of the new High School site on 10th Street. 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 9:13 p.m. Minutes submitted by: Lisa Bloomer Page -14- Council Regular Meeting January 28, 2002