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06-19-2000 - Regular .., ...", CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 19, 2000 7:00 P.M. COKKUNITY 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 Attorney Scott Cookson City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Excused Present Present INVOCATION. PLEDGE OF ALLEGIANCE TO THE FLAG There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Reqular Meetinq of June 5. 2000 Councilwoman Lichter moved to approve the June 5, 2000 minutes, second by Councilman Brown. The motion CARRIED 5-0. PRESENTATIONS IPROCLAMATIONS/PLAOUES ICERTIFICATES I DONATION S A. Plaque oresented to James lRoqer) Hummer in recoqnition of outstandinq service to the city of Edqewater from November 10. 1989 throuqh June 29. 2000 This item was withdrawn from the agenda. B. certificate of Aooreciation oresented to Linda conti in recoqnition of her outstandinq oersonal and community wide contributions to the city of Edqewater This item was withdrawn from the agenda. C. 'Y' uodate oresented by RandY Brown and Dave Dukett Randy Brown, 4 Sunwood Trail, Ormond Beach and Bob Ludlow, 6056 Winding Ridge Lane, Port Orange, were present from the YMCA. Mr. Brown presented an update to Council on the progress of the YMCA. He spoke about the capital campaign they are getting involved in. He went over the packet of information that was given to the Council. Mr. Ludlow spoke about his interest in the project. He spoke of the cities of Edgewater, New Smyrna and Oak Hill bringing this altogether. Councilwoman Lichter asked about the blue sheet with the pay scale. She asked Mr. Ludlow to run her through the cost for a typical family, which he did at this time. Mr. Ludlow further spoke about the one time joining fee and being able to use any Y.M.C.A. '-' ...., Councilwoman Lichter asked if the other cities kick in and help those persons that can not afford it. Mr. Ludlow commented on what some of the other cities do. Councilman Brown commented on Myron Hammond being present and him being one of the councilmembers that was involved in starting this thing along. Councilman Brown commented on the hours. He has a problem with the Edgewater Y.M.C.A. being closed on Sundays. Mr. Ludlow commented on the hours they are currently open. Councilwoman Lichter asked when they anticipate the day care would fit into this schedule. Mr. Ludlow informed her when it opens but they will not have pre-school. They will also have an after-school program. City Manager Hooper informed the Council the Y.M.C.A. is probably 65% completed, scheduled to open in October. Jack Corder will be meeting with the Y.M.C.A. representatives to talk of the details. Mr. Ludlow commented on the hard work put in by Parks & Recreation Director Jack Corder. They thanked him for the work he has done. He stated Myron is going to help them, when the time is right, to make this public. They are doing a national search for an Executive Director. Councilwoman Lichter presented Mayor Schmidt with a plaque from the Volusia League of cities. CITIZEN COMMENTS Ferd Heeb asked Mayor Schmidt if he would prefer that people address issues on the Code now or when they discuss it. Mayor Schmidt stated it would be smoother if they addressed it during that time on the agenda. George Wilkinson, 905 S. Riverside Drive, feels Ordinance 2000-0- 12 is overkill. He recommended it be sent back to staff with orders to reduce the negative impact on the citizens and comply with the minimum standards or requirements of Chapter 163.3202, Florida Statutes. He suggested they stop the annexation contest with neighboring cities. CITY COUNCIL REPORTS Councilman Brown spoke on two new medical buildings built in District 1. He spoke about the city progressing. He further spoke on the FIND project. He stated when they start doing the dredging the pipe is going to run up the canal which is between Edgewater and New Smyrna. He spoke of that canal being part of Turnbull's original canal system and he feels the people involved in the historical society should check this canal to see if there is anything in it before they start running the pipes. Councilman Vincenzi spoke of the luncheon he attended for the Blue Ribbon Award for New Smyrna Beach High School. There are 198 schools in the the whole country that got this award last year and only one in the state of Florida, which was New Smyrna Beach. Councilman Vincenzi commented on a seminar he attended on Saturday for the Volusia League of cities. He met Senator Locke Burt. They spoke about grants and funding. City Manager Hooper has informed him he is doing everything he can to get this grant writer on board. Page -2- Council Regular Meeting June 19, 2000 ., ..., t Mayor Schmidt read a letter he received regarding the Land Development Code. Mayor Schmidt spoke about the fireworks ban. He spoke about the fundraiser that the Fire Department, himself and Burger King have put fogether. On June 27th at the Edgewater Burger King, they will donate 15% of all food sales between 4 p.m. and 8 p.m. to the fireworks display. He invited everyone to come. Mayor Schmidt spoke of the entertainment on the 4th of July at Kenn~y and Menard Parks. Councilwoman Rhodes thanked Councilwoman Lichter and Councilman Brown who filled in for her at a couple of functions. Councilwoman Lichter also spoke about the dinner they attended with Locke Burt and the application of grants. Councilwoman Lichter spoke about a ditch across the street and caddy corner from the fountain on S.R. 442. She feels this needs a guardrail around it. Councilwoman Lichter spoke about a request that was on the agenda but had been removed from the Water Alliance for $5,000 as a pledge to go in and show good faith to st. John's. They have come up with a plan to take water when needed from the st. John's River and they need to build a pilot plant to see how that will work. This involves a couple other counties besides Volusia. The County is going to pay the whole amount of money from all the cities in Volusia. We do not have to come up with the money. Councilwoman Lichter spoke about the letter read by the Mayor. She believes there are other people out there who have not expressed their opinion. She spoke about people being afraid to express their opinion. Once they form their Committee, they should instruct the Committee that they use the newsletter so the public can be aware of what is going on. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. 1st Readina. Ord. No. 2000-0-12. staff recommendina aooroval of the new Land Develooment Code and Official Zonina Mao. sections concernina the storaae of boats and recreational vehicles. restoration of vehicles and the orohibition of temoorarv caroorts have been deleted and will be reviewed bv an aooointed Citizen Ad-Hoc Committee (tabled from June 5. 2000) City Manager Hooper informed Council of the new copy of the Code they have received. They received input from Joe Martin and Dan Webster. Our own attorney had some better wording on some of the definitions. They have included most of those. city Manager Hooper informed Council they have put the items that need discussion on hold pending the review by the citizen Ad-Hoc Committee. Ms. Plaskett presented a brief history of how they got where they are today. She briefly went over the Zoning Map and the zoning classifications. Ms. Plaskett further spoke about the Comprehensive Plan and Volusia County being the only County that has a Growth Management Commission. She commented on what they do. City Manager Hooper further elaborated on some of the land uses that were changed and zoning classifications for property that has been annexed. Page -3- Council Regular Meeting June 19, 2000 ..... ..." Ms. Plaskett spoke about some of the zoning classifications that have been added. Councilwoman Lichter stated they still have not addressed those enclaves that belong in the County that are right within our city. Ms. Plaskett stated the Planning Consultant we are working with, is working on 19 Comp Plan amendments as well as looking at the enclave situation. Mayor Schmidt asked how many enclaves there are. City Manager Hooper informed him there are less than thirty. City Manager Hooper further commented on how the Land Development Code book was created. He went on to speak about input they received from citizens as well as the advisory boards. Councilwoman Rhodes would like to look this over and not vote on it tonight. She doesn't feel comfortable voting on it without having read it or at least examine the changes. City Manager Hooper spoke about the changes that were made. City Manager Hooper had no problem waiting for this. He suggested Council receive any input there is on anything other than the areas they talked about. Mayor Schmidt opened the public hearing. Ken Millard, 238 N. Riverside Drive, spoke about when he served on the Board of Adjustments. He feels Edgewater is unique and spoke in opposition to bed & breakfast establishments. He suggested they should concentrate on the atmosphere that makes this City unique. Pat Card, 3019 Willow Oak Drive, stated when he heard the letter read into the public record, he did not hear the name and address of the person who wrote it. He has a fear of faceless and nameless accusations that are taken without foundation and utilized as fact. He asked Council to put the name and address of the individual into the record also. Mayor Schmidt informed him the gentleman's name is Walt Besuden, 2232 Unity Tree Drive. Councilwoman Rhodes spoke on being elected by the citizens of Edgewater and therefore the citizens that elected them are entitled to their representation. Councilwoman Lichter spoke about phone calls she receives from citizens that don't leave their name. Ferd Heeb, 115 N. Riverside Drive, spoke in opposition to bed and breakfast establishments being located on Riverside Drive. He feels allowing day care centers in residential areas is going to present a problem. He feels these matters need to be addressed a little bit tighter. Most of the people who live in Edgewater moved here for their perception of the quality of life this area offers. Mr. Heeb referred to Section 21-38.02 regarding fences. It limits the height size of a fence in front of your house to four feet and says it must be non-opaque. He doesn't see why it is necessary to have non-opaque fences in front of homes. He asked Council to look at this a little closer. Mayor Schmidt spoke about the solid fence on a property on S.R. 442 somewhere around Queen Palm Drive. He spoke about not being able to see around that fence. Page -4- Council Regular Meeting June 19, 2000 ..... "WIll City Manager Hooper spoke about living on Riverside Drive and if you want to have the river view, you don't want someone to build a solid fence. Councilwoman Lichter thinks some of what they are dealing with, even in this code, belongs to the ancient history of Edgewater, from back in 1955. City Manager Hooper stated they were not City rules. Councilwoman Lichter stated when the City took over, they incorporated some of those, that was the developer's rules. City Manager Hooper stated but they were deed restrictions, covenants that you would see today in a normal subdivision. There is a mandatory requirement that when you bring a new subdivision into the City, those covenants and restrictions are listed on the plat. Things are changing, making it more strict all the time. He spoke about Florida Shores being a larger subdivision without covenants and restrictions and that is why they are struggling with part of this. Dave Ross, 2803 Needle Palm Drive, informed Council he is proud of what they are trying to do. There is an issue he has heard over and over that they are unable to enforce our existing codes. He expressed concern with regard to Article X, Section 21.120.02(a). With today's caller recognition, he knows that if he calls City Hall, they know who is calling. If they don't, they certainly can. He thinks they should add it to this that the name, address, phone number of the caller will not be permitted to be entered into the records if so requested by the caller. Yvonne Bice, 210 N. Riverside Drive, spoke about people being afraid because of their neighbors or some are afraid to get up and speak in public. She spoke against bed and breakfast establishments and child care establishments on Riverside Drive. Where the bed and breakfast establishments are on Riverside Drive in New Smyrna, she feels, are within their business district. She further spoke in opposition to bed and breakfast establishments on Riverside Drive. Councilwoman Lichter commented on a request that came before the Planning & Zoning Board years ago that was turned down for a bed and breakfast establishment. She commented on an ordinance that was written by Mark Karet. Ms. Bice commented on why she did not agree with the ordinance written by Mr. Karet. Ms. Bice spoke about the Planning & Zoning Board approving items and passing them on to the Council. City Manager Hooper commented on the R-1 Zoning Classification and the process they will have to go through to be able to have a bed and breakfast establishment. Councilwoman Rhodes stated if you have to jump through so many hoops, why not just zone it out and you don't have to worry about it. City Manager Hooper stated because you may have some that you wish in the future. He feels it is a case by case basis. Ms. Bice feels there aren't many people who will build a bed and breakfast on u.S. #1 or any of the side streets, or in Florida Shores or in Edgewater Landing. They are going to build it on Riverside Drive. She is not alone there just aren't a lot of people who will come up and say how they feel. She feels this should be taken out of the Code. There was a ten-minute recess at this time. Page -5- Council Regular Meeting June 19, 2000 ~ ...." Myron Hammond, 1821 Royal Palm Drive, feels they need to get this Comprehensive Plan through. He has been to a lot of bed and breakfast establishments and state regulations are very strict. He thinks it would be wrong to take it out of the Code. They have to keep in mind the City is growing. He spoke about codes that are not being enforced. He feels the Council's job is to look to the future. Even though people get mad, they are thinking of today, it's tomorrow they have to look at. Ms. Bice further spoke in opposition to bed and breakfast establishments. 4 Jay Michael McKay, 1717 s. Riverside Drive, he was left in the dark when Council was discussing the code changes regarding the residential area between Riverside and U.S.#l. He asked if something had been changed to do with density or lot size in that area or is it remaining the same and just a code designation change in a number only. Ms. Plaskett explained the only difference in the code is the lot sizes are 75' by 150'. They will now be conforming. Mr. McKay stated so the lot size has changed just a little bit so some lots that are non-conforming you could possibly build on. These are on lots between Riverside and u.s. #1. He spoke of the flooding they deal with on Riverside and much of the water coming from U.S. #1 and the adjoining roads. He feels by changing the density by changing the lot size, even though some designers say they can put in a retention area that will hold the water, it is not working now and a lot of water is coming down those streets and flooding Riverside. Ms. Plaskett explained most of that area is built out. A lot of the lots were platted at 100 feet in depth. The Code required a 115' in depth. A majority of those properties are currently built on. City Manager Hooper stated the Stormwater Master Plan will look at ways to protect that. It is such a slight change in footage, he doesn't feel you are really doing anything to the density. You are making lots that are conforming that already have houses on them for the most part so that they can get rid of the non- conforming designation to them. Paul Jenkins, 2029 willow Oak Drive, suggested there should be a provision for the bed and breakfast establishments that all adjoining properties should agree to the bed and breakfast establishment before one is approved. Mr. Jenkins went over recommendations he came up with on the issues that were not tabled. City Manager Hooper informed Council the Committee will look at some of these. When they go back and look at the sections they have taken out, it will have an impact on some of the definitions. He spoke about having a glitch committee come back after six months and define the issues with the code. They are going to make a request to bring Council a list of people to look at the code, one more time after six months, hear the comments from those using the code and builders and developers who are coming through the system. Councilman Brown asked if there is a major item before six months is up can the glitch committee bring it forward. city Manager Hooper stated if it goes to Code Enforcement or other places, there is appeal processes for that. Paul Jenkins feels if they know they can fix these things now, they will avoid a lot of headaches for a lot of citizens who would have a problem within a six month period. Page -6- Council Regular Meeting June 19, 2000 ......, ..." Dan Holland, Vista Palm Drive, came to be part of a solution and not a problem. He was appointed by some of his friends to be an advocate for them. He apologized for some of the displays of the points he brought to him but he still stands by them. He asked if manufactured homes amongst permanent homes is addressed in the Code. City Manager Hooper explained it is really not addressed. That is a state issue that describes what is permittable as a building permit. Mr. Holland asked if there is any way the City can avoid having these structures put in to regular residential areas. City Manager Hooper explained why there really isn't. He informed Council he is looking to the future. Mayor Schmidt closed the public hearing. City Manager Hooper informed Council at this first meeting, they will be setting a 2nd public hearing date. They have the option to change anything in there or continue it to the 2nd meeting if they feel they need more time. It does cost to readvertise. Councilwoman Rhodes stated when they told her it cost the city $350, she decided to vote tonight. City Manager Hooper stated staff suggests Council go ahead with the 1st reading and send it on to the 2nd. The~ will look at the comments that were in here tonight. At the 2n reading, if they are uncomfortable, they can make changes. Mayor Schmidt read Ord. 2000-0-12. Councilman Brown made a motion to approve Ord. 2000-0-12, second by Councilman Vincenzi. The motion CARRIED 5-0. City Manager Hooper announced that the 2nd public hearing is July 10th . CONSENT AGENDA A. Recreation/Cultural Services Board Appointments (3) - Councilwoman Lichter. Mavor Schmidt and Councilman Brown. respectivelv. to consider Board's recommendation to appoint David Turner to fill the remaininq term of Maurice Remillard: Jo Haqan to replace Shirley Pittman and Diane Trout to replace James McGinnis. both for full three-year terms. Councilwoman Lichter made a motion to approve the consent agenda, second by Councilman Brown. The motion CARRIED 5-0. OTHER BOSINESS A. Budgeted Roadway Resurfacinq - Environmental Services Director requesting authorization to contract with Halifax Pavinq based on existinq County of Volusia bid prices to perform resurfacinq of eleven (11) streets for a cost not to exceed $100.000 City Manager Hooper made a staff presentation. Councilwoman Rhodes asked if the $100,000 they have for resurfacing is for road maintenance. City Manager Hooper stated that is resurfacing specifically put in the budget for that. There is still money in the budget for road maintenance. Department of Environmental Services Director Terry Wadsworth stated based on a 12-year cycle, they figure it will cost about $411,000 annually. There are 211 different paved roads, which total 108 miles. Page -7- Council Regular Meeting June 19, 2000 .... ...", Councilwoman Lichter asked if the City is rece1v1ng any money from the gasoline tax. City Manager Hooper stated there is an increase this last year and there will be another increase next year in the local option gas tax. In two years from now, the council will see the redistribution of the formula as to how cities get that gas tax. He spoke about the way the gas tax is distributed now. Councilwoman Lichter asked if that money can be used for this. 'city Manager Hooper informed her it is used for this. Councilwoman Lichter moved for approval, second by Councilman Vincenzi. The motion CARRIED 5-0. B. Purchase Item - Environmental Services reauestina approval to purchase a new aarbage truck from Clark Waste Systems. Inc.. for $70.621. as a bid extension for FY 1999 City of Edaewater bid City Manager Hooper made a staff presentation. Department of Environmental Services Director Terry Wadsworth informed Council this is a new truck. They already have one and are very satisfied with it. Councilwoman Lichter asked if the truck that picks up branches is out of commission. She asked if there is any conversation policy where an old garbage truck could be used in some manner. They are always behind in the process of picking up branches and tree parts. Mr. Wadsworth spoke about the clam truck going down occasionally and it being a high maintenance item right now. There is one hopefully in next year's budget. Councilwoman Rhodes moved for approval, second by councilwoman Lichter. The motion CARRIED 5-0. C. Formina of citizen Ad-Hoc Committee - Council to appoint a committee. settina a time frame. to studv and brina Council recommendations to Article III. Section 21-34.05. Vehicles- Restoration & Permits: Section 21-34.06. Watercraft. Trailers. Recreation Vehicles (R.V.'s) and Campers: and Section 21-35.04. Tents/Temporary Carports of the new Land Development Code City Manager Hooper informed Council they received 19 applications of people interested in serving on the citizen Ad- Hoc' Committee. He recommended Council appoint all 19 people. He commented on the process they will follow. They will qet started on this the second week in July. Councilwoman Lichter asked if they would divide into sub- committees. City Manager Hooper stated that will be up to the Committee. Councilwoman Rhodes asked if they wanted to set a time frame for the committee to come back. City Manager Hooper stated they talked of a six month period to have input and bring it back. Councilwoman Rhodes asked if they could get progress reports in two month intervals. City Manager Hooper agreed to do that. Councilwoman Lichter feels the committee should put something in the Edgewater ShoreLines and the responses that are received back should be signed. She feels they need to also have operating rules. City Manaqer Hooper informed Council he will sit with them on the first couple of meetinqs and get them going. Ms. Plaskett will be working with them when he is not there. Page -8- Council Regular Meeting June 19, 2000 ..... ..." Councilwoman Lichter made a motion to establish the Committee with the 19 people interested. Councilwoman Rhodes asked to include a time limit of no more than six months and progress reports every two months. The motion was second by Councilman Brown. The motion CARRIED 5-0. Mayor Schmidt challenged the 19 people to keep an open mind when they do this. He encouraged them to think about the future of the City, not just the present and not just today. OFFICER REPORTS city Clerk Wadsworth informed Council the Florida League of cities conference is coming up in August and they need to elect a voting delegate from one of the members that will be attending. City Manager Hooper suggested they do that at the next meeting. City Attorney Cookson was excused. City Manager Hooper stated he will be at the next meeting. City Manager Hooper went over the dates in July. The regular meetings will be held July 10th and July 24th. The budget work sessions are scheduled for July 12th and July 13th. Councilwoman Rhodes has an apgointment on July 12th. City Manager Hooper asked if July 11h and July 13th would work. Councilwoman Rhodes was okay with that. City Manager Hooper informed Council Liz would speak to them tomorrow to confirm those dates. city Manager Hooper informed Council they have to set the millage at the July 24th meeting. It is very important that it occur at the last possible meeting date in July. CITIZEN COMMENTS/CORRESPONDENCE Dave Ross, Needle Palm Drive, asked about the Sunshine Law for the Ad Hoc committee. Does that mean that all of the meetings are open to the public? City Manager Hooper informed him yes. Does it mean that none of the members can talk back and forth except during the course of the meeting? City Manager Hooper informed him those people can not talk about what they are going to vote on. If it is an issue before that committee, they can not discuss that issue. Councilwoman Lichter stated they also are not allowed to talk to them concerning these matters unless it is publicly announced. City Manager Hooper stated they can speak to Council but it has to be disclosed. He encouraged Council not to do that. Mr. Ross stated since the roads were paved in Florida Shores, he doesn't recall having heard the previous Councils talk about how they are going to cover the cost of repaving. He doesn't think the roads are going to last ten years. He is concerned about the cost down the road. Councilwoman Lichter noted that repaving would be covered by the community as a whole, not just Florida Shores as will all repaving. Mr. Card asked how they get Council's input on this committee. City Manager Hooper informed him you don't. City Manager Hooper informed him they will outline how the committee works at the first meeting. Mr. Jenkins stated any information or concerns they have can be brought in the meetings and given to us. He believes they can talk to each other if they also announce. City Manager Hooper informed him no. The only way they can talk to each other is if it is a posted meeting. Page -9- Council Regular Meeting June 19, 2000 . '-" '.."", City Manager Hooper informed Mr. Jenkins they will go over all the rules at the first meeting. Councilman Brown spoke about a meeting Mr. Wadsworth had on stormwater. He is still looking for any citizen complaints and statements about flooding. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:34 p.m. Minutes submitted by: Lisa Bloomer Page -10- council Regular Meeting June 19, 2000