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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