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06-03-2002 - Regular Nor ' CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 3, 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 Present Councilman James Brown Present Councilman Dennis Vincenzi Present Councilwoman Harriet Rhodes Present Councilwoman Judith Lichter Present City Manager Kenneth Hooper Present City Clerk Susan Wadsworth Present Legal Assistant Robin Matusick Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Regular Meeting of April 1, 2002 Councilwoman Lichter moved to approve the April 1, 2002 minutes, second by Councilwoman Rhodes. The motion CARRIED 5 -0. B. Regular Meeting of April 15, 2002 Councilman Brown moved to approve the April 15, 2002 minutes, second by Councilman Vincenzi. The motion CARRIED 5 -0. C. Regular Meeting of May 6, 2002 Councilwoman Rhodes moved to approve the May 6, 2002 minutes, second by Councilwoman Lichter. The motion CARRIED 5 -0. PRESENTATIONS / PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS A. Proprietors of Brown's Book Store presenting Det. John Taves as Officer of the Ouarter and Darlene Saltsman as Employee of the Ouarter Police Chief Ignasiak asked Councilman Brown and his wife JoAnn Brown to come forward as well as John Taves and Darlene Saltsman. Both of these recipients were recently recognized by Volusia County within the last couple of weeks. He commented on achievements made by Ms. Saltsman and Mr. Taves. Councilman Brown and Mrs. Brown presented plaques to Ms. Saltsman and Mr. Taves. Police Chief Ignasiak recognized David Arcieri for being named the Florida Police Chief's Officer of the Year for the State of Florida. Councilwoman Lichter feels it is going to take some deep thought of what their future action should be. Councilwoman Rhodes stated they were going to bring that up at the next three -city meeting but the meeting was canceled. City Manager Hooper stated the intent is to bring that up. There are several entities talking of how they can help. He feels it is reaching the point where he senses the Council's frustration and as soon as we can end this relationship with the Humane Society, he believes that is the intention of Council. Councilwoman Rhodes feels the City doesn't have a relationship with the Humane Society. They do whatever they want to do and we foot the bill for it. Councilwoman Lichter stated we don't have a contract either. City Manager Hooper confirmed they do not have a signed contract. Mayor Schmidt feels they really need to look into the options. He hates to give another tax dollar to this organization when they blatantly in essence are showing their true colors. Councilwoman Rhodes agreed and felt there was nothing humane about what they are doing. Councilwoman Lichter feels they should be coming up with a plan in the next couple of months. Legal Assistant Matusick explained the Court Order stipulated that 14 animals were released to the City of Edgewater for the Humane Society to make them available for adoption. Councilwoman Rhodes had nothing at this time. She wished Mayor Schmidt a Happy Birthday. There was a brief recess at this time for cake. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Development /Subdivision Agreement and preliminary plat approval for a 97 lot single- family home subdivision on 26.3 acres located west of US 1 and south of the Silver Ridge Subdivision Chief Planner Darren Lear made a staff presentation with regard to the Development Agreement for Majestic Oaks. There was a brief discussion regarding the billboards. Councilwoman Lichter asked if they will be able to go across the street to go north and south or if they will have to go south and turn around to go north. Mr. Lear stated he believed it would be right at a median cut so they could go across. He further spoke about a deceleration lane that will be installed. Mayor Schmidt asked if there was a start date. Mr. Grant stated they are planning on starting within two weeks. City Manager Hooper further went over the access onto U.S. #1. Mention was made of a billboard that may have to come down. If it comes down, it will not go back up is what has been described to the property owner of the commercial property. Mayor Schmidt spoke about not being responsible for the billboard going down, not being able to be put up, and then someone having to pay. City Manager Hooper stated if they mandated the billboards come down, the City would be responsible for reimbursement. If it is sold and is in the way of the development and he takes it down, there is a rule in the Land Development Code that does not let a new one be erected. Page -3- Council Regular Meeting June 3, 2002 lrr *ow Nov Nov Councilman Vincenzi asked City Manager Hooper to review the conditions of the Court Order. City Manager Hooper stated the Court Order describes that there be no more than 200 units and this one has 97 units. It goes further to describe that there is only certain things the Council can look at. He further described these conditions. There was a brief discussion regarding a buffer by U.S. #1 if a commercial business comes in. Mr. Lear commented on there being a landscape buffer requirement and most likely it would be a 6 foot masonry wall and some shrubs and trees. Councilman Vincenzi asked what Council's options are. City Manager Hooper explained their options are to look at other parts of the developer agreement that are not in conflict with the Court Order such as the mandatory homeowner's association that is not addressed. Those would be things the City would request. The Council has limited options because they comply with a Court Order. There is a Court directive that if they comply with the Court Order they are granted the ability to go forward unless the Council sees something they see that is inconsistent. That is why they brought it before so the Council could see and say before they spent any time, energy and money finishing this plan, was there anything inconsistent with the Court Order. They also presented that to the Homeowner's Association adjacent so they would have an opportunity because they were a part of the first lawsuit. Councilwoman Lichter stated so there is no homeowner's association. City Manager Hooper stated there is a mandatory homeowner's association. City Manager Hooper further commented on this property having no zoning category and it being the only one in the City. It has been granted development rights with a Court Order. Mayor Schmidt opened the public hearing. Mike Visconti, 316 Pine Breeze Drive, asked how big the lots are in Silver Ridge. City Manager Hooper stated he thought they were 75 foot lots. Mr. Garthwaite stated they vary in size. Seventy - five feet is the smallest. Mr. Visconti asked if they are making a mistake by offering a 60- foot lot instead of a 75 -foot lot. Councilwoman Lichter stated the Council had nothing to do with this. It was a Court Order with a very special circumstance. Mr. Visconti stated the City of Edgewater has no say but he questioned issuing the permits. City Manager Hooper explained the Court Order dictates certain lots that will occur with regard to widths, depths, setbacks, and buffers and that is what they have matched. This spans back almost 15 years ago since this was started. Bob Garthwaite, 10 Lee Drive, stated he has lived in Silver Ridge since 1964 and has seen a lot of wildlife out there. He questioned what is going to be done with the wildlife in the way of moving it or preserving it. Page -4- Council Regular Meeting June 3, 2002 11 ■11Wv✓ 'rr City Manager Hooper stated they will do the normal application through the regulatory agencies and they will review that. If they come across endangered or threatened species then there will be issues to deal with. Other than that, the Water Management District and Fish and Game will review it and determine whether to issue them a permit. Mr. Garthwaite stated there is no homeowner's association in Silver Ridge. It is just a group of people that got together. Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to accept the preliminary plat and development /subdivision agreement, second by Councilman Brown. The motion CARRIED 5 -0. B. 2n Reading, Ord. No. 2002 -0 -08, amending Articles XV (Airports) and XVI (Fire and Hazard Prevention) of the Land Development Code City Manager Hooper made a brief staff presentation. This is the last of the two remaining Articles that are being updated. Staff recommends approval of both. Their next step is to hold a work session to look at some of the Code Enforcement issues and some of the other issues in the Land Development Code that have been brought to their attention. This will conclude going through the Code article by article. The next step will be a minor touch up where they will review the whole Code at one time. They will have a work session to describe cases that have come up that have not been in compliance with the Code but our rules do not address those. Legal Assistant Matusick read Ord. 2002 -0 -08 into the record. Mayor Schmidt opened the public hearing. Noritta Harris, 2425 Orange Tree Drive, asked to have Article XVI explained to her. City Manager Hooper explained the Codes haven't really changed. All they are doing is lining out what had been previously defined as local Codes and identified it is now in the Florida Fire Code Prevention. We have adopted the State Code. Ms. Harris asked if this will effect footage between mobile homes in the mobile home parks. Fire Chief Barlow stated this particular Code will not. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2002 -0 -08, second by Councilwoman Lichter. The motion CARRIED 5 -0. C. Res. No. 2002 -R -13, Luis Geil, authorized agent for John R. and Eugenia Browning, requesting abandonment /vacation of a right- of-way being 50 feet wide by approximately 165.54 feet in length known as the 19t Street right -of -way extending between westerly right-of-way line of Hibiscus Drive to the easterly right -of -wav line of a 15 -foot alleyway It was requested by Mr. Geil that this item be continued until the June 24 meeting. Councilwoman Rhodes asked if they could ask Mr. Geil to move it to July due to the discussion regarding the City Hall Siting on June 24 Page -5- Council Regular Meeting June 3, 2002 4 .111► *NW I MO ' Councilwoman Rhodes made a motion to continue this item on July 1S second by Councilman Vincenzi. The motion CARRIED 5 -0. D. Res. No. 2002 -R -14, adopting of chancres in the Schedule of Fees and Civil Penalties related to Water Conservation Violations City Manager Hooper made a staff presentation. The City has issued numerous warnings. We are at the stage where they have some that will be going out on the next billing cycle as fines. They are receiving numerous complaints. It is causing a fair amount of controversy. He recommended Council adopt this. Councilwoman Rhodes stated she knows someone that behind their back fence is watering their lawn when they aren't supposed to be but it can't be seen from the street. Can they be given a violation. City Manager Hooper stated probably not. The only way they would know is if the water puddles and comes out. We don't go on private property to look. Councilwoman Lichter stated this doesn't apply only to reused water does it. City Manager Hooper stated no, potable and individual wells also. Councilwoman Lichter stated she received a complaint from Pelican Cove West that a lot of the neighborhood is watering at the wrong time. He thought we were only checking the reuse water situations. City Manager Hooper stated they are patrolling throughout the City. City Manager Hooper asked Finance Director Michele Goins Murphy how many first warnings have been issued to date. Ms. Goins Murphy stated approximately 150. Councilman Brown asked the time frame between the first warning and the second warning before they would be charged. City Manager Hooper informed him one year. Legal Assistant Matusick read Res. 2002 -R -14 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Res. 2002 -R -14, second by Councilman Vincenzi. The motion CARRIED 5 -0. City Manager Hooper defined the process they are following for the fines. Mayor Schmidt stated he hopes when it does start raining that Code Enforcement doesn't lay off this. He feels it is important to show we mean this. BOARD APPOINTMENTS A. Volusia Growth Management Commission - Mayor's appointment to fill an expired term Mayor Schmidt stated Karen Hall has indicated she would appreciate staying on. He recommended keeping Karen Hall on the Volusia Growth Management Commission. Councilwoman Rhodes moved to approve keeping Karen Hall on the Volusia Growth Management Commission, second by Councilman Brown. Page -6- Council Regular Meeting June 3, 2002 %M r NoOr r•r° NOV B. Planning & Zoning Board - Mayor's appointment to fill an expired term Mayor Schmidt asked to pull this appointment until the July 1s meeting. CONSENT AGENDA A. Event License Agreement - staff recommending approval for Mayor to execute the Agreement for the use of vacant property located at the corner of Lamont and N. Ridgewood for parking during the July 4 fireworks display B. Event License Agreement - staff recommending approval for Mayor to execute the Agreement for the use of vacant property located at the corner of E. Palm Way and S. Ridgewood for parking during the July 4 fireworks display C. Surplus Items - staff recommending approval to declare a list of items as surplus and allow for disposal by auction, donation or trash disposal Councilwoman Lichter moved to approve the Consent Agenda, second by Councilwoman Rhodes. The motion CARRIED 5 -0. OTHER BUSINESS A. Special Activity Permit - Edgewater Fire Rescue Association Inc. requesting a Special Activity Permit to hold a 4t' of July Celebration along Riverside Drive. (Removed from May 20, 2002 agenda) 1) Waiver of Noise Ordinance - staff requesting waiver to allow for live bands to entertain at Menard -May Park and a fireworks display over the Indian River. (Removed from May 20, 2002 agenda) City Manager Hooper made a staff presentation. The fireworks themselves are probably going to be in violation of our own noise ordinance. He also commented on there being live entertainment. He feels this qualifies as a waiver for a cultural event. Staff recommends approval. Councilman Vincenzi feels this is great that they are going through the proper motions to do this. Councilwoman Lichter feels one of the problems had to do with youngsters setting off sparklers and quieter type fireworks near where people and their children were sitting. Steve Cousins, 2504 Mango Tree Drive, stated that was something they addressed in the TRC meeting. They are going to beef up patrol to get a better grip on that particular problem. Mr. Cousins stated as far as after the event is over, that was probably the only real concern that was addressed back to them. They have enforced the trash issue and are upgrading that more this year. Councilman Brown asked what will be done with the children that are caught setting off fireworks. Page -7- Council Regular Meeting June 3, 2002 - 'NW vole Mr. Cousins stated most often they confiscate. Depending if they have something that is dangerous, they would make notification to law enforcement and they take appropriate action. There were only a few incidents last year where they had to call for law enforcement to handle those things. Councilwoman Rhodes asked if people are going to be required to park in the parking lots and not on the side of the road. Mr. Cousins explained they can't require them to park there. Councilwoman Rhodes asked if people parking on other people's property is something that is going to be enforced. Mr. Cousins stated yes. That was one of the biggest complaints last year. Councilwoman Rhodes mentioned handing out signs again for people to put on their lawns that say no parking. City Manager Hooper stated they will do the same thing. Mayor Schmidt asked if there will be spotlights in the parking lots. Mr. Cousins informed him yes. They are donated from Volusia County Solid Waste Management. Mr. Cousins also asked for Council's consideration to waive the $150 fee that was submitted with the application. Mayor Schmidt opened the public hearing. Ferd Heeb, 115 N. Riverside Drive, told the Council to grant the variance and waive the fee. They did a great job last year. He recommended they close the east -west roads from Lamont Street to Connecticut to pedestrian traffic. Councilwoman Rhodes spoke about that being a complaint last year that the people that live on those roads couldn't get to their house. Mr. Heeb suggested placing a sign that says local traffic only. Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to waive the noise ordinance for the 4t of July celebration sponsored by the Edgewater Fire Rescue Association, waive the fee of the application and approve the special activities permit based on the fact that it is a cultural event, second by Councilman Vincenzi. The motion CARRIED 5 -0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick had nothing at this time. City Manager Hooper reminded the Council of the City Hall Siting at the Edgewater Landing Clubhouse at 9:00 a.m on June 6th. Notice of the public hearing for the City Hall Siting the Council will have on June 24t was placed on the water bills. City Manager Hooper informed Council they are waiving the $5 fee for reclaimed water for June, July and August. There was a brief discussion regarding what will be discussed at the meeting at Edgewater Landing. There was a brief discussion regarding the Motorcycle Officers being on the road, effective Friday. Page -8- Council Regular Meeting June 3, 2002 ew Nov low w/ 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 8:24 p.m. Minutes submitted by: Lisa Bloomer Page -9- Council Regular Meeting June 3, 2002