08-18-2003 - Regular
'-'
.",.,
CITY COUNCIL OF EDGEWATER
REGULAR MEE TING
AUGUST 18, 2003
7:00 P.M.
COMMUNITY CENTER
MINUTES
1 . CALL TO ORDER
Mayor Schmidt called the Regular Meeting to order at 7:10 p.m. in
the Community Center.
ROLL CALL
Mayor Donald Schmidt
Councilman James Brown
Councilman Myron Hammond
Councilwoman Harriet Rhodes
Councilwoman Judith Lichter
City Manager Kenneth Hooper
City Clerk Susan Wadsworth
Paralegal 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.
2. APPROVAL OF MINUTES
A. Regular Meeting of July 21, 2003
Mayor Schmidt had two corrections to the July 21, 2003 minutes.
The first being Page 1 where it states Mayor Schmidt called the
Regular Meeting to order at 6:00 p.m. instead of 7:00 p.m. The
second correction was on Page 7 under Officer Reports. It
references Paralegal Matusick had nothing at this time and it
should be City Attorney Cookson.
Councilman Hammond moved to approve the Julv 21, 2003 minutes as
corrected, second bv Councilwoman Lichter.
The MOTION CARRIED 5-0.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
Mayor Schmidt recognized Nancy Freeman, William Lenz and Dave
Gamell and thanked them for their continued work on the City
Boards.
'-"
....,
4. CITIZEN COMMENTS
Mayor Schmidt recognized County Councilman Jack Hayman.
The following citizen spoke during Citizen Comments:
Burt Madewell, 2741 Evergreen Drive
5. CITY COUNCIL REPORTS
Councilwoman Rhodes informed Council she went to Massachusetts
and found higher gas prices in Fishkill, NY than in Volusia
County.
Councilwoman Lichter commented on the meeting she attended
regarding the Indian River Lagoon North Feasibility Study.
Councilwoman Lichter spoke of a prayer service for Israel she
attended on August 10th at the Ocean Center.
Councilwoman Lichter informed Council that Florence Baker has
released the City from any further suit possibility due to a
flower box being placed in front of the Building Department.
Councilwoman Lichter commented on an ordinance created by Steve
Kintner from Volusia County regarding water conservation. She
spoke of only a certain percentage of each lawn being sodded.
The Sod Association has hired a lawyer and she has been told by
Mr. Kintner that there will be compromise to the document.
Mayor Schmidt wished Paralegal Matusick a Happy Birthday and
presented her with a Tootsie Roll.
Mayor Schmidt thanked staff for the presentations the Council saw
earlier. He spoke of Edgewater being in a transition stage right
now and Edgewater moving forward fast. The City can't move
forward without spending money. He further spoke about the round
about on Riverside Drive and the U.S. #1 corner at SR 442. He
wants everyone to have confidence in what they are doing and what
they plan on doing. He encouraged input from the citizens
regarding what they like and don't like.
Councilman Brown stated he gets a lot of input from the
citizenry. For the first year he was in office, he received a
lot of complaints. Our City has progressed and he hopes we
continue to do so.
Page -2-
Council Regular Meeting
August 18, 2003
..,...,
..",.;
Councilman Hammond commented on a complaint he has received from
some citizens regarding the ditch when you are turning onto Sabal
Palm Drive off of Roberts Road going northbound.
Councilman Hammond agreed with Mayor Schmidt. He feels we have
come a long way. In the past he had received complaints from
people about City Manager Hooper that are coming back now saying
he is pretty smart.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2003-0-05, Glenn Storch,
authorized agent for Hacienda Development Corp.,
requesting amendment to the Official Future Land Use
Map to include 18.27+ acres of land located east of US
1 and west of Hacienda del Rio from County Urban Medium
Density and Commercial to City Commercial with
Conservation Overlay
City Manager Hooper made a staff presentation.
Paralegal Matusick read Ord. 2003-0-05 into the record.
Glenn Storch made a presentation on behalf of Hacienda
Development Corporation. He presented an update for Councilwoman
Lichter regarding the irrigation issue.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2003-0-05, reauestinq
amendment to the Official Future Land Use ~p to include 18.27+
acres of land located east of US 1 and west of Hacienda del Rio
from County Urban Medium Density and Commercial to City
Commercial with Conservation Overlay, second by Councilman Brown.
The MOTION CARRIED 5-0.
B. 2nd Reading, Ord. No. 2003-0-06, amending the
Comprehensive Plan Ord. No. 90-0-18, by amending the
Official Future Land Use Map to include certain
properties within the Washington Park Subdivision which
is located south of 35th Street in Florida Shores as
Low Density Residential with Conservation Overlay
Paralegal Matusick read Ord. 2003-0-06 into the record.
Page -3-
Council Regular Meeting
August 18, 2003
'-"
....."
city Manager Hooper made a staff presentation.
There was a brief discussion regarding 36th street already being
in the City.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilman Hammond moved to approve Ord. 2003-0-06, amendinq the
Comprehensive Plan Ord. No. 90-0-18, by amendinq the Official
FUture Land Use Map to include certain properties within the
Washinqton Park Subdivision which is located south of 35~ Street
in Florida Shores as Low Density Residential with Conservation
OVerlay, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
C. 1st Reading, Ord. No. 2003-0-17, owner John D. Adkins
requesting a change in zoning classification from City
R-l (Single Family Residential) to City R-3 (Single
Family Residential) for property located at 1320 S.
Riverside Drive
Paralegal Matusick read Ord. 2003-0-17 into the record.
City Manager Hooper made a staff presentation.
Chief Planner Lear answered questions presented by Councilwoman
Lichter.
Ron Hinson, Design Service Group, Representative for John D.
Adkins, made a brief presentation.
Due to there being no further comments, Mayor Schmidt opened and
closed the public hearing.
Councilwoman Rhodes moved to approve Ord. 2003-0-17, owner John
D. Adkins requestinq a chanqe in zoninq classification from City
R-1 (Sinqle Family Residential) to City R-3 (Sinqle Family
Residential) for property located at 1320 S. Riverside Drive,
second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
Page -4-
Council Regular Meeting
August 18, 2003
,.,
.."",
D. 1st Reading, Ord. No. 2003-0-20, authorizing Decade of
Excellence Capital Programs and establishing November
4, 2003 as date for Referendum
Paralegal Matusick read Ord. 2003-0-20 into the record.
City Manager Hooper made a staff presentation. He spoke of
volunteers that have volunteered their time to go to Homeowners
Association meetings to promote the Decade of Excellence.
City Manager Hooper answered questions presented by Council.
Mayor Schmidt opened the public hearing.
The following citizens spoke in favor of the Decade of
Excellence:
Robert Lott, 2112 S. Riverside Drive
Chris Balmer, 148 William Street
Ferd Heeb, 115 N. Riverside Drive
Mayor Schmidt closed the public hearing.
Councilman Brown moved to approve Ord. 2003-0-20, authorizina
Decade of Excellence Capital Proarams and establishina November
4, 2003 as date for Referendum, second bv Councilwoman Lichter.
The MOTION CARRIED 5-0.
E. Res. No. 2003-R-15 and Easement Agreement, owners Lori
Krueger and Anthony Ramon requesting the
abandonment/vacation of two (2) 5 X 100 foot utility
easements located on the southern most portion of Lot
132 and northern most portion of Lot 133 Wildwood
Subdivision, and an Easement Agreement relocating the
abandoned area
Paralegal Matusick read Res. 2003-R-15 into the record.
City Manager Hooper made a staff presentation.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Page -5-
Council Regular Meeting
August 18, 2003
'-'"
~
Councilwoman Rhodes moved to approve Res. No. 2003-R-15 and
Easement Aareement, owners Lori Krueaer and Anthony Ramon
requestina the abandonment/vacation of two (2) 5 X 100 foot
utility easements located on the southern most portion of Lot 132
and northern most portion of Lot 133 Wildwood Subdivision, and an
Easement Aareement relocatina the abandoned area, second by
Councilman Hammond.
The MOTION CARRIED 5-0.
A ten-minute recess was called at this time. The meeting
recessed at 8:06 p.m. and reconvened at 8:15 p.m.
F. Res. No. 2003-R-17, amending the By-laws of the
Recreation/Cultural Services Board for a uniform set of
procedures in conjunction with other City Boards
Paralegal Matusick read Res. 2003-R-17 into the record.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Res. No. 2003-R-17,
amendina the By-laws of the Recreation/CUltural Services Board
for a uniform set of procedures in coniunction with other City
Boards, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
G. Res. No. 2003-R-18, agreeing to negotiate in good faith
with Volusia County to establish a mutual interlocal
agreement providing for emergency medical services and
closest unit response, and establishing opposition of a
proposed Vol usia County Emergency Medical Services
Ordinance
Paralegal Matusick read Res. 2003-R-18 into the record.
City Manager Hooper made a staff presentation.
City Manager Hooper answered questions presented by Council.
Mayor Schmidt opened the public hearing.
Page -6-
Council Regular Meeting
August 18, 2003
~
...,
The following citizen spoke on this item:
Jack Hayman, County Councilman, 3003 Travelers Palm Drive
There was a discussion regarding the license that is required of
the Medical Director that all paramedics in the County operate
under.
Mayor Schmidt closed the public hearing.
Councilwoman Rhodes moved to approve Res. No. 2003-R-18, aareeina
to neaotiate in aood faith with Volusia County to establish a
mutual interlocal aareement providina for emeraency medical
services and closest unit response, and establishina opposition
of a proposed Volusia County Emeraency Medical Services
Ordinance, second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
7 . BOARD APPOINTMENTS
There were no Board Appointments at this time.
8 . CONSENT AGENDA
There were no items to be discussed on the Consent Agenda at this
time.
9. OTHER BUSINESS
A. Interlocal Agreement - staff recommending approval of
the proposed Interlocal Agreement concerning the
distribution of Local Option Fuel Tax and authorizing
the Mayor or City Manager to execute the Interlocal
Agreement
City Manager Hooper made a staff presentation.
Councilwoman Lichter moved to approve the proposed Interlocal
Aareement concernina the distribution of Local OPtion FUel Tax
and authorizina the Mayor or City Manaaer to execute the
Interlocal Aareement, second by Councilman Hammond.
The MOTION CARRIED 5-0.
Page -7-
Council Regular Meeting
August 18, 2003
'-"
"""'"
B. Tree Permit for Removal of two (2) Historic Live Oak
Trees - Holiday Builders, Inc., 2521 Mango Tree Drive,
is requesting a Tree Permit to remove one 42 inch
historic live oak tree and one 47.5 inch historic live
oak tree from his property to build a new single family
residence
City Manager Hooper made a staff presentation.
Council due to the home being relocated, only
removed. They have proposed to pay the money
instead of replacing trees on the property.
He informed
one tree has to be
into the tree fund
Councilwoman Rhodes moved to approve the tree permit for the
removal of one 42" historic live oak tree, second by Councilman
Hammond.
The MOTION CARRIED 5-0.
C. Terra Mar Sewer System Rehabilitation - staff
recommending approval to piggyback City of Port Orange
bid for "Sewer System Rehabilitation Lateral Lining" by
S.O.S. Construction Corporation at a cost of
$161,800.00 and authorize the Mayor to execute the
contract documents
City Manager Hooper made a staff presentation.
Councilman Hammond moved for approval to piaavback Ci ty of Port
Oranae bid for "Sewer System Rehabilitation Lateral Linina" by
S.O.S. Construction Corporation at a cost of $161,800.00 and
authorize the ~yor to execute the contract documents, second by
Councilman Brown.
The MOTION CARRIED 5-0.
D. Proposed Regions Bank Purchase - recommending
authorization to send offer letter to Regions Bank
(work session item)
City Manager Hooper made a staff presentation.
Councilwoman Lichter moved to approve recommendina authorization
to send offer letter to Reaions Bank for $1.8 million, second by
Councilman Hammond.
The MOTION CARRIED 5-0.
Page -8-
Council Regular Meeting
August 18, 2003
...,.
-...I
E. SR 442 Beautification Project - recommending approval
of SR 442 Beautification Project (work session item)
City Manager Hooper made a staff presentation.
City Manager Hooper explained the grant that was given to the
City by D.G.T. for beautification on SR 442.
There was a brief discussion regarding using money in the tree
fund towards beautifying SR 442.
Councilwoman Lichter would like to know how much is in the tree
fund. City Manager Hooper agreed to get that figure for her.
There was a brief discussion regarding how long this will take
and there being a need for more people to take care of this once
it is finished.
Councilwoman Lichter feels the school should be factored into
this also and that they should look at all the resources.
Councilman Hammond moved to approve the SR 442 Beautification
Proiect, second bv Councilman Brown.
The MOTION CARRIED 5-0.
10. OFFICER REPORTS
A. City Clerk Wadsworth reminded everyone qualifying
begins on August 25th and runs through September 4th for
Districts 2 and 4.
B. Paralegal Matusick had nothing at this time.
C. City Manager Hooper stated he is going to authorize LDI
to do some renderings of how the park across the street
and this site gets integrated. This will cost around
$8,500.
11. CITIZEN COMMENTS/CORRESPONDENCE
There were no Citizen Comments/Correspondence at this time.
12. ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 8:55 p.m.
Page -9-
Minutes submitted by:
Lisa Bloomer
Council Regular Meeting
August 18, 2003