Loading...
09-08-2003 - Regular v u CITY COUNCIL OF EDGEWATER REGULAR MEE TING SEPTEMBER 8, 2003 7:45 p.m. COMMUNITY CENTER MINUTES 1 . CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:45 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 There were no minutes to be approved at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members There were no appointed/reappointed Board/Committee members to be recognized. B. Ocean Optical to present a plaque to Officer JoAnne Winston for "Officer of the Quarter". Police Chief Ignasiak presented the plaque to JoAnne Winston for Mr. Nolan from Ocean Optical. 4. CITIZEN COMMENTS ~ u The following citizens spoke during Citizen Comments: Dominic Capria, 606 Topside Circle Ed Keenan, 1905 Pine Tree Drive 5. CITY COUNCIL REPORTS Councilwoman Lichter stated she got a call from Mr. Keenan and his neighbor Mr. Clinton about the situation on Pine Tree Drive where two homes were going up across the street from them. She went over to take a look at the circumstances were and it was a mess. Councilwoman Lichter spoke of a call she received from someone on Mango Tree Drive that a tree cutter was about to cut down a tree on a Sunday. They were new people from up north and weren't aware of the process and they didn't know they needed a permit if it was a certain size. She feels it is time to revisit the tree ordinance. Councilwoman Lichter stated the Water Authority of Volusia will be writing up recommendations for the director of that organization. That will be presented at their next meeting next Wednesday and she will be going over this with City Manager Hooper. Mayor Schmidt wished Councilwoman Rhodes a Happy Birthday and best wishes to her husband who was in a motorcycle accident doing his job and he is going to be laid up for a while. Mayor Schmidt stated SR 442 is coming down the home stretch. He stated over the next 30 to 45 days the intersection of U.S. #1 and SR 442 is going to be a corner that no one wants to drive on. He further commented on the work that will be in that area. He suggested people try not to use that corner. Councilman Brown complimented the Police Chief for the programs the police have been involved in at the schools. Councilman Hammond had nothing at this time. Councilwoman Rhodes stated her husband broke his leg. He received cards from many of the people sitting there and he received a gift basket from the department heads of the City of Edgewater. Page -2- Council Regular Meeting September 8, 2003 \.) () 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Tanya Girvan, owner of No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity Permit for a Civil War Reenactment/Confederate Flag run with outdoor music to be held October 4, 2003 City Manager Hooper asked Ms. Girvan to explain for Council the letter that was submitted describing a different beneficiary of the charity that will sponsor that. Staff recommends approval with the conditions outlined. Mr. Girvan elaborated on City Manager Hooper's concerns. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve the Special Activity Permit for a Civil War Reenactment/Confederate Flaq run with outdoor music to be held October 4, 2003, second by Councilman Brown. The MOTION CARRIED 5-0. B. Public Hearing, Tanya Girvan, owner of No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity Permit for a Biketoberfest Celebration with outdoor music to be held October 10 thru October 19, 2003 City Manager Hooper made a staff presentation and answered questions presented by Council. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve the Special Activity Permit for a Biketoberfest Celebration with outdoor music to be held October 10 thru October 19, 2003, second by Councilman Hammond. The MOTION CARRIED 5-0. C. Public Hearing, Richard Stonecipher, owner of Earthquake Magoons, 132 W. Park Avenue, requesting a Special Activity Permit for a Biketoberfest Annual Oyster Roast with outdoor music to be held October 18, 2003 City Manager Hooper made a staff presentation. Page -3- Council Regular Meeting September 8, 2003 u <.,) Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve the Special Activity Permit for a Biketoberfest Annual Oyster Roast with outdoor music to be held October 18, 2003, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. D. 2nd Reading, Ord. No. 2003-0-17, owner John D. Adkins requesting a change in zoning classification from City R-1 (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. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Hammond moved to approve Ord. 2003-0-17, owner John D. Adkins reauestinq a chanqe in zoninq classification from City R-l (Sinqle Family Residential) to City R-3 (Sinqle Family Residential) for property located at 1320 S. Riverside Drive, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. E. 2nd Reading, Ord. No. 2003-0-20, authorizing Decade of Excellence Capital Projects 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 and answered questions presented by Councilwoman Lichter. Mayor Schmidt opened the public hearing. The following citizen spoke: Dominic Capria, 606 Topside Circle Page -4- Council Regular Meeting September 8, 2003 u u Mayor Schmidt closed the public hearing. Councilman Brown moved to approve Ord. 2003-0-20, authorizina Decade of Exce~~ence Capita~ Proiects and estab~ishina November 4, 2003, as date for Referendum, second by Counci~woman Lichter. The MOTION CARRIED 5-0. F. 1st Reading, Ord. No. 2003-0-18, Glenn Storch, authorized agent for Hacienda Development Corp., requesting an amendment to the Official Zoning Map to include 18.27 + acres of land located east of US1 and west of Hacienda del Rio, as City B-3 (Highway Commercial) City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. 2003-0-18 into the record. City Manager Hooper and Chief Planner Darren Lear answered questions presented by Council. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Hammond moved to approve Ord. 2003-0-18, G~enn Storch, authorized aaent for Hacienda Deve~opment Corp., reauestina an amendment to the Officia~ Zonina Map to inc~ude 18.27 + acres of ~and ~ocated east of US1 and west of Hacienda de~ Rio, as City B- 3 (Hiahway Commercia~), second by Counci~woman Rhodes. The MOTION CARRIED 5-0. G. 1st Reading, Ord. No. 2003-0-19, amending the Official Zoning Map to include certain properties within the Washington Park subdivision located south of 35th Street in Florida Shores as R-2 (Single Family Residential) Paralegal Matusick read Ord. 2003-0-19 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 September 8, 2003 u u Councilwoman Rhodes moved to approve Ord. 2003-0-19, amendinq the Official Zoninq Map to include certain properties within the Washinqton Park subdivision located south of 35~ street in Florida Shores as R-2 (Sinqle Family Residential), second by Councilwoman Lichter. The MOTION CARRIED 5-0. H. Res. No. 2003-R-19, owners Thomas Kunz and Annette Kunz requesting a variance from the city of Edgewater Code of Ordinances, Article IX-7 - 324(b), Swimming Pools, to allow a 6.5~ foot setback in lieu of the required 10 foot setback to the rear property line to construct a swimming pool with deck and enclosure on property located at 115 E. Marion Avenue Paralegal Matusick read Res. 2003-R-19 into the record. city Manager Hooper made a staff presentation. City Manager Hooper and Mr. Kunz answered questions presented by Councilwoman Lichter. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Res. 2003-R-19, owners Thomas Kunz and Annette Kunz reauestinq a variance from the Ci ty of Edqewater Code of Ordinances, Article IX-7 - 324 (b), Swimminq Pools, to allow a 6.5+ foot setback in lieu of the required 10 foot setback to the rear property line to construct a swimminq pool with deck and enclosure on property located at 115 E. Marion Avenue, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. City Manager Hooper explained there is a fluke in the Code of Ordinances which has this appealable to Council. Every other variance in the City is appealable to Planning and Zoning and then that decision can be appealed. It was the consensus of Council to have this type of variance also go before the Planning and Zoning Board. Page -6- Council Regular Meeting September 8, 2003 CJ u I. Res. No. 2003-R-20, amending the By-laws of the Animal Control Board for a uniform set of procedures in conjunction with other City Boards Paralegal Matusick read Res. 2003-R-20 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Res. 2003-R-20, amendinq the By-laws of the Animal Control Board for a uniform set of procedures in coniunction with other City Boards, second by Councilman Hammond. The MOTION CARRIED 5-0. J. Res. No. 2003-R-21, establishing an Interlocal Agreement providing for the establishment of the Southeast Volusia County Regional Fire Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System Paralegal Matusick read Res. 2003-R-21 into the record. City Manager Hooper made a staff presentation. City Manager Hooper and Fire Chief Barlow answered questions presented by Councilwoman Lichter. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Res. 2003-R-21, establishinq an Interlocal Aqreement providinq for the establishment of the Southeast Volusia County Reqional Fire Rescue and Emerqency Medical Services Automatic Aid and Closest Unit Response System, second by Councilman Brown. The MOTION CARRIED 5-0. 7. BOARD APPOINTMENTS Page -7- Council Regular Meeting September 8, 2003 u <.) A. Recreation/Cultural Services Board - Councilwomen Rhodes and Lichter and Mayor Schmidt to consider the reappointment of Joe Fishback, Diane Trout and Jo Hagan to the Board at their request Councilwoman Rhodes moved to reappoint Joe Fishback, Diane Trout and Jo Haqan to the Recreation/Cultural Services Board, second by Councilman Brown. The MOTION CARRIED 5-0. 8. CONSENT AGENDA A. Fire Engine - staff recommending approval to declare a 1989 FMC fire engine as surplus and for it to be traded to Hall-Mark Fire Apparatus as payment for refurbishment of another 1989 FMC fire engine Councilwoman Rhodes moved to accept the Consent Aqenda, second by Councilman Hammond. The MOTION CARRIED 5-0. 9. OTHER BUSINESS A. Disability Insurance - staff recommending selecting the long-term disability plan from Jefferson Pilot for the City employees B. Health and Vision Insurance - staff recommending approval to renew the current Florida Health Care plans City Manager Hooper made a staff presentation regarding Items 9A & 9B. Councilwoman Lichter moved to approve Items 9A & 9B, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. C. Citizen Code Enforcement Board - staff recommending extending the terms of members George Ann Keller and Linda Johnson until the first City Council meeting in January City Manager Hooper made a staff presentation. Page -8- Council Regular Meeting September 8, 2003 u u Councilman Brown moved to approve extendina the terms of members Georae Ann Keller and Linda Johnson until the first City Council meetina in January 2004, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. 10. OFFICER REPORTS A. City Clerk Wadsworth informed Council they would not be having a Primary Election this year. B. Paralegal Matusick informed Council last week they had a hearing before Judge Henderson regarding the Valerie White case and the judge awarded the City a judgement for restitution in the amount of $17,795. C. City Manager City Manager Hooper stated about a month ago the Council authorized a letter for the Mayor to go to the County Council Chairman requesting purchase of the 60-acre Pre-Stressed Concrete Site. They have authorized negotiations solely with the City of Edgewater. The Council was given a copy of the draft of the Purchase Sale Agreement, which he briefly explained. He then went over the process they will follow. He recommended they authorize the Mayor to sign this and it then goes back to the County Council for their final approval. There was the brief discussion regarding the permitting process. Councilman Brown moved to authorize Mayor Schmidt and City Manaaer Hooper to enter sianatures on this to make the proposal to the County, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. 1) Discussion - Closest Unit Response with Volusia County City Manager Hooper made a presentation regarding the Closest Unit Response with Volusia County. The City opposed one being mandated. The Council would negotiate it but not support one mandated. They have negotiated a joint planning area agreement with an urban service area. Page -9- Council Regular Meeting September 8, 2003 . \ u u City Manager Hooper feels even though the County has mandated it he thinks the agreement to do Closest Unit is something they have said. The County is offering to payor reimburse for the call out volumes. There is also a formula in front of VCOG for each call that goes out into the County from a City where they reimburse you. The latest number he recalls is $777. He suggested he put this together and bring all of it back to Council. Council was in agreement. 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 9:02 p.m. Minutes submitted by: Lisa Bloomer Page -10- Council Regular Meeting September 8, 2003