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2003-R-02Voting Mayvr Schmidt Councilman Brown CCWWWO/kwmud Caux+Ac kx", cowx,h bower AGENDA CITY COUNCEL OF EDGEWATER REGULAR MEETING April 7, 2003 7:00 pm. COMMUNITY CENTER I. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE 2. APPROVAL OF MINUTES A. Regular Meeting of March 3, 2003 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members. B. Proclamation presented to Richard Kelly for seven years of service with the Department of Children and Families. C. Mayor proclaiming the month of April as "Water Conservation Month' and urging citizens and businesses to help protect our water resources by practicing water saving measures. 4. CITIZEN COMMENTS (This is the time for the public to come forward with any comments they may have. Please state your name and address, and please limit your comments to five minutes or less.) 5. CITY COUNCIL REPORTS A. M&X%- Volusia County proposed 1st response 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Community Development Block Grant (CDBG) Annual Plan Worksheet ImFY 2003/04 and update of the Five -Year CDBG Budget Projection for FY 2003-2007. B. Res. No. 2003-R-02, requesting that Florida Fish and Wildlife Conservation Commission extend the Slow Speed/No Wake Zone located in the Mosquito Lagoon southward approximately 8/10th of a mile from Channel Marker 9 to Channel Marker 13A of the Indian River. C. Public Hearing, Ord. No. 2003-0-04, Remedial Comprehensive Plan Amendment per the Stipulated Settlement Agreement between the City of Edgewater and the Florida Deparrmcm of Community Affairs concerning the 2001 major Comprehensive Plan Amendment. D. I" Reading, Ord, No. 2003-0-05, Glenn Storch, authorized agent for Hacienda Development Corp., requesting an amendment to the Official Future Land Use Map to include approximately 18.27 acres of land located east of US I and west of Hacienda del Rio as City Commercial with Conservation Overlay. Property is currently classified as Volusia County Urban Medium Density and Commercial. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS City Manager Hooper made a staff presentation. The recommendation is for this money to become part of the ParkTowne Industrial Center for infrastructure improvements over the next five years. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Hammond moved for approval, second by Councilman Brown. The motion CARRIED 3-0. City Manager Hooper informed Council the Florida Fish and Wildlife Conservation Commission have acted on this and have declined to change the speed of the No Wake Zone. If Council would like they could skip this and bring it back if it becomes appropriate or they could adopt it and send it after the fact. It was the consensus of Council to put this item on hold. City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. No. 2003-0-04 into the record. City Manager Hooper referred to Exhibit B. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2003-0-04, second by Councilman Hammond. The motion CARRIED 3-0. Page -5- Council Regular Meeting April 14, 2003 RESOLUTION NO.2003-R-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REQUESTING THAT FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION EXTEND THE SLOW SPEED/NO WAKE ZONE LOCATED IN THE MOSQUITO LAGOON SOUTHWARD APPROXIMATELY 8/1OTH OF A MILE FROM CHANNEL MARKER 9 TO CHANNEL MARKER 13A OF THE INDIAN RIVER; PROVIDING FOR TRANSMITTING A COPY OF THIS RESOLUTION TO THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION - BUREAU OF PROTECTED SPECIES, VOLUSIA COUNTY COUNCIL, CITY OF NEW SMYRNA BEACH AND OAK HILL; PROVIDING FOR CONFLICTING RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Edgewater recognizes the importance of aquiculture along the Indian River and the farming of hard shell clams located in the Mosquito Lagoon; and WHEREAS, ithas come to the attentionofthe City thatapotential safety hazard might exist due to high and frequent wakes that can occur from large boats traversing the Indian River and Mosquito Lagoon; and WHEREAS, in an effortto prevent injury or damage and to alleviate this threat to safety for all citizens involved in the raising and harvesting of hard shell clams and potential damage to their equipment as they work State authorized Claim Leases; the City wishes to request extension of the Slow Speed/No Wake Zone. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater, Florida: Section1. Request The City Council hereby requests that the Florida Fish and Wildlife Conservation Commission consider the extension of the Slow Speed/No Wake Zone southward approximately 8/1 Oth of a mile from Channel Marker 9 to Channel Marker 13A. 4 2003-R-02 c Section 2. TransndaL That the City Clerk is hereby directed to send by U.S. Mail a copy of this resolution to the Florida Fish and Wildlife Conservation Commission - Bureau of Protected Species, Volusia County Council, City of New Smyrna Beach and Oak Hill. Section 3. Conflicting Resolutions. That all resolutions or parts thereof that are in conflict herewith be and same are hereby rescinded or repealed. Section 4. Effective date. That this resolution shall become effect immediately upon adoption. Section 5. Adoption. After a motion by the vote on this resolution was as follows: AYE Mayor Donald A. Schmidt f Councilman James P. Brown Councilman Myron F. Hammond Councilwoman Harriet E. Rhodes Councilwoman Judith Lichter w 2003-R-02 PI and Second by NAY PASSED AND DULY ADOPTED this 7th day of April, 2003. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner 2003-R-02 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 7th day of April, 2003 under Agenda Item No. 6_