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03-07-2005 - Regular / ~ ..."", CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 7, 2005 7:00 P.M. COMMUNITY CENTER MINUTES 1 . 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 Clerk Susan Wadsworth Paralegal Robin Matusick Present Present Present Excused 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 January 10, 2005 Councilwoman Lichter moved to approve the January 10, 2005 minutes, second by Councilman Brown. The MOTION CARRIED 4-0. B. Regular Meeting of January 24, 2005 Councilman Vincenzi moved to approve the January 24, 2005 minutes, second by Councilwoman Lichter. The MOTION CARRIED 4-0. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS There were no presentations at this time. 'W' ..",,; 4. CITIZEN COMMENTS The following citizens spoke: Pat Card, 3019 Willow Oak Drive, asked the Council not to spend any more money on City Hall. Dave Ross and Mr. Card saw in the paper where the Council was considering spending somewhere in excess of $1 million on City Hall to make it last five years. As a result, he and Mr. Ross felt it didn't appear anybody was going to get this alternative method of getting this City Hall done that everybody thought they would here in Edgewater without having the bond issue because everybody was talking about that they would find a way to do it. Since nobody found a way to do it, Mr. Ross and Mr. Card have been in contact with the President of Regions Bank and they expect a proposal to come forward relatively quickly. They had expected it to be here today. They believe it will be a lease purchase arrangement along the model of the City's purchase of the FIND property and that it would be at such a level that the City would be able to afford it. Mr. Ross and Mr. Card want to do this and as soon as they get the proposal they would like for the Council to direct them to take it to City manager Hooper because they feel it will be done that will be palatable for the City. The Regions Bank really wants the City to own that building. Mr. Ross and Mr. Card were concerned about it because they feel like they are throwing good money after bad on this and if he estimated last year's increase and the cost of building at 23% would that be reasonable. City Manager Hooper stated that is pretty close. Mr. Card stated if they do that three years in a row they will double the cost of the next building which would make it a $16 million Taj Mahal. They really hate to see a flea market come in in the middle of Edgewater rather than having City staff in a nice City facility. They currently have 23 offers on that building but they are still willing to consider this with them. He just wanted to make Council aware he and Mr. Ross are working on this. Mike Visconti, 316 Pine Breeze Drive, stated there are many points on which they agree, especially when it comes to how much they care about Edgewater. He believes they agree on the importance of having a City Hall that is a healthy and safe environment and that supports all of the function of a growing City, one of which they can all be proud of. He would also like to think they agree that taxpayers money should be spent wisely. He feels regarding an important decision, all citizens should be given the chance to offer their opinion, preferably through the voting process. Page -2- Council Regular Meeting March 7, 2005 ~ ~ Mr. Visconti stated where they seem to differ is how to educate and involve the public in a critical decision such as planning and financing public buildings. He believes the Council has not done a good job of explaining the options regarding renovating and constructing City facilities nor do they do a good job of construction referendum that they clear or which provided unbundled choices to the voters of this City. He likes to think the confusion is not an intention. He asked Council to address a few questions that he and many have talked about. Mr. Hooper is quoted in the newspaper as stating that despite voters rejection on the recent referendum it is still possible to build a combined police/fire administration building through the use of impact fees. Imagine his surprise to read this when Mr. Hooper in person told him there was no option existing to fund any project that has been turned down by the people. In order to support projects proposed by the Council, the people need and deserve to be informed and so on their behalf he asked the following questions. Since all the City Facilities except the animal shelter were turned down and the referendum was not designed in a way to allow them to set priorities, how was the decision made to spend available moneys on a police/fire department versus other projects. Why is the Council advocating an option for City Hall that includes expense of renovating a building that carries with it the potential for mold and related problems and on top of that constructing a new City Hall several years later when the more cost effective and immediate option is available in the purchase of Regions Bank. Why have they decided only now to introduce the use of impact monies thus circumventing the referendum process. He has several requests that he feels will help people be more informed. First, a clear description of what the City Council views as needs, options and costs relative to each of the facilities project is needed. This should be in writing and should be straight forward and clearly detailed option of pros and cons. Second since all the construction items were bundled in such a confusing way on the referendum how does the City Council know which the people consider priority. The Council needs to get a clear sense of what people believe are priorities. This could be accomplished several ways, one of which would be a referendum, which items are listed separately. If the Council feels strongly about the position they are taking, they all deserve to understand why and then they can decide to support Councilor not, but at least they will feel like they are part of the process and will understand how the Council is deciding to spend the taxpayers money. The people of Edgewater deserve to be educated and informed. Page -3- Council Regular Meeting March 7, 2005 ~ ....", Mr. Visconti feels communication needs to be clear and timely. The referendum needs to be defined and structured so that voter results reflect informed choices. They all need to work together for the good of Edgewater and for each of its citizens. 5. CITY COUNCIL REPORTS Councilman Vincenzi asked Mr. Visconti if he wanted answers to his questions tonight. Mr. Visconti stated he would like to. Councilman Vincenzi agree to donate his five minutes and they can get some answers for Mr. Visconti. He stated he has his own answers but he thinks Mr. Visconti wants to hear from City Manager Hooper. He doesn't want Mr. Visconti walking away feeling empty. Mr. Visconti stated he is still interested in a new City Hall and where it may be. Councilman Vincenzi stated renovating City Hall was something City Manager Hooper just threw out. It wasn't anything anybody discussed or voted on yet. He wouldn't have voted to spend $1 million on the old City Hall. Mayor Schmidt suggested they go through City Council Reports and then they will address Mr. Visconti's questions. Councilwoman Lichter stated the Fire Department very uniquely joined the Chamber of Commerce. She feels it was a wonderful ribbon cutting she attended. Councilman Brown also attended. The speeches in terms of our Fire Department were very complimentary. Councilwoman Lichter spoke of attending one of the original CAPS members retirement party. She thought the Police Chief would be honoring him at the next Council meeting with some type of certificate. She feels the CAPS serve a wonderful purpose of citizen participation. Mayor Schmidt had nothing at this time. Councilman Brown stated he attended another Fire Station ribbon cutting for New Smyrna Beach. They built a brand new station out by 1-95 and he hopes our station looks as nice as theirs. That is something for them to be very proud of. Councilman Brown urged the citizens to volunteer to be a mentor. They are in need of 400 mentors. Page -4- Council Regular Meeting March 7, 2005 '-" ....., city Manager Hooper stated what they had was a work session in which Council was listening to a presentation concerning goals and long term for next year's budget. The Council hasn't decided yet on which of any choices they were going to do. They had described possible choices. The City Hall renovation next door. Looking at gutting the interior, maybe a second floor, some parking and drainage improvements. He thought he used the words carefully up to $1.5 million could be spent. There are several options out there before anything is done. What Council directed him to do was get some structural estimates and engineering kind of estimates on what it would cost to do anything with that building and before any money was spent to bring that back to Council. Police and Fire, Council certainly hasn't authorized anything that is upcoming. If it is to be paid for it is out of impact fees. When they looked at the referendum the idea was to place each item so that the citizens could clearly vote separately on each item yes or no. That was one item they were trying to bring forward in time and get done now. If they use impact fees it will be a later event in which they will have to collect those fees. Those fees are strictly for police, fire and capital. They haven't voted to authorize it and it is not appropriated in the budget but it is a concept. Those will be on the next agenda to talk about the goals and the goal setting and priorities for upcoming budget and upcoming capital improvement projects. Councilwoman Lichter feels a couple of Mr. Visconti's questions were a little complicated. She didn't write them, but she believes the City Attorney did. She feels it wasn't clear about what would happen to the existing City Hall. She felt it almost implied it could be renovated and that was not the intent. She didn't feel this was clear. As far as educating the public those items have been in the newspaper many times. They had been voted on in the whole where it was cheapest to do it all where the interest rate was so minute compared to what it ended up and where it is going to go unless something happens in between. She thinks there was a bit of confusion between ballot questions number one and two. Mr. Visconti stated he spoke to a lot of people and they thought it was a very confusing referendum. Mayor Schmidt stated it is their job to educate the public. The best thing they can do if they don't understanding something is come down to City Hall or contact one of them. They try as hard as they can to get it as clear as they can in the newspaper and other avenues and sometimes some of that stuff is still complicated. Page -5- Council Regular Meeting March 7, 2005 '-' ...., Mayor Schmidt feels they all wished and hoped the Regions Bank would have gone through. They saw in a year's time that price tag went up about $1 million. Using impact fees, like City Manager Hooper said, that puts it off. That is what the impact fees are for but you are talking years and what will it cost then. Mr. Visconti stated his point was if you can use the impact fees for the police/fire department, why not use the same money for City Hall. Mayor Schmidt explained because they are collected for the sole purpose of police and fire. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. No. 2004-0-31, Dan Robison, Highway 442 Partners, LLC, agent for Vincent and Pamela Snowden, requesting annexation of 5,601~ acres of property located north of SR 442, east and west of 1-95 - continued from 1/24/05, Item 6D City Manager Hooper made a staff presentation. He went over comments made by City Attorney Paul Rosenthal regarding the County's concerns and opposition and he has written a letter that it is a perfectly legal annexation. He also mentioned the letter from the County asking that this be postponed or rescheduled until they can have a face-to-face meeting with the Council. They took this up a week ago last Thursday, he wasn't there but listened to it on the Internet and it was done in a spirit of cooperation not necessarily a spirit of let's challenge. The County Council has scheduled a meeting on April 11th at 5:00 p.m. in the Community Center. Councilman Vincenzi asked if they can meet at any other time. City Manager Hooper informed him that is the time for the seven of them and everybody except for Councilman Vincenzi are able to attend so that is the time they have offered. He meets with the County Manager next Tuesday to layout an agenda and meet with the applicants and developers to talk about the presentation. What the County is really looking at is some information concerning how this property would be developed, how much of it would be placed in conservation, the wetlands impacts, who pays for roads and who pays for all of the items that go with a large scale project in a DRI. He suggested Council make a motion to continue this until April 18th and they meet with the County Council on April 11th. Assistant City Manager Liz McBride suggested having it May 2nd. Page -6- Council Regular Meeting March 7, 2005 '-" ....." city Manager Hooper stated City Clerk Wadsworth has a package that he has been asked also by the County to place it in the record, which is a list of their concerns. It has various maps and reports and if Council would like to look at it, City Clerk Wadsworth has it. This has been forwarded to the City Attorney. It is mostly related to the County's view of urban sprawl and the use of the property, not the annexation. Councilwoman Lichter asked how they will know the answer for the exact use of property by the end of April or May unless it goes to Planning and Zoning. City Manager Hooper stated they won't have an exact but they will have the developer depicting for Council how it will be developed. There is an environmental study that has been completed that says roughly half or more of the property is buildable. There are schematics of that particular property layout and use already taking place. Mayor Schmidt would like for them to also talk to the County about the Williamson Boulevard Extension as it pertains to this property. City Manager Hooper stated that will be part of the agenda setting they go through and do. Councilwoman Lichter made a motion to take it off of the meetinq for toniqht and put the item on the Mav 2nd aqenda for the Citv Council, which will occur after thev meet with the Countv Council, second bv Councilman Vincenzi. The MOTION CARRIED 4 -0. Mayor Schmidt suggested they save their packets. City Manager Hooper agreed to collect those from the Council. B. 2nd Reading, Ord. No. 2004-0-22, Glenn Storch, agent for Oak Leaf Preserve Inc., owner, requesting annexation of 173.471~ acres of property located east of Old Mission Road, north of the FEC railroad right- of-way and south of Mission Oaks Condo - continued from 9/27/04, Item 6B Paralegal Matusick read Ord. 2004-0-22 into the record. City Manager Hooper made a staff presentation regarding Items B, C & D. Page -7- Council Regular Meeting March 7, 2005 '-'" """'" Mayor Schmidt asked City Manager Hooper what the high number was and what they are down to. City Manager Hooper stated this was transmitted at about 750 units, that was a medium density development. They looked at the overall acreage. The portion to the north had been previously zoned in the County as a mobile home portion. The portion to the south has some wetlands, about half of that property as you go south has a wetlands jurisdiction. The DCA objected to the overall density. Working with the developers they were able to go to a low density residential, which is about a maximum of 450 units to that. There are a variety of lots sizes in there. There are 75 and larger and then smaller than 75 down to 50. Those are split about half and half. Councilwoman Lichter asked if someone could show her on the map where they condensed. Mike Evans, 1682 Hibiscus Blvd., Melbourne, had a map that shows this. Councilwoman Lichter questioned if this has been to st. Johns yet. City Manager Hooper informed her the permitting process is probably initiated to some degree, maybe a pre-app or conceptual, but the overall permit comes at a later date. Mr. Evans then went over the map they are still defining lot lines because there are some real large oak trees on the property that they are making every effort to keep and think they will be able to accomplish that, mainly at the entrance off Old Mission Road. He pointed out the area that was zoned for mobile homes and where they intend to place the smaller lots. This would be more compatible with the manufactured housing. Councilwoman Lichter questioned them being manufactured homes. Mr. Evans informed her they are single family with minimum square footage homes. He then pointed out where the larger lots would be and explained the flexibility they have because some of the lots have large oak trees on the lot line where they can make it a bigger lot to keep the oak tree. That is throughout the whole property. That is why they aren't defined lot sizes and are ranges. Mayor Schmidt expressed concern about Mission Road not being a good road and there only being one entrance. He asked Mr. Evans if they have spoken to the County about getting part of the widening done. Mr. Evans explained the traffic study shows they will have to put in a left-turn lane that would make that a three-lane road for a certain amount of feet. They have another entrance that will come off of Park Avenue. Page -8- Council Regular Meeting March 7, 2005 '-'" ...,; Councilwoman Lichter asked Mr. Evans if they had the width to have that kind of turn with the canal so close. Mr. Evans stated Max, the Engineer, is smarter in that area than he is. Max Bosso, 1682 W. Hibiscus Blvd, Melbourne, stated there is about 400 - 500 feet of road where they are going to have to pipe that canal. There will be two turn lanes. One is a southbound left turn lane and one is a northbound right turn lane. The length of those are specified on the traffic study they submitted to the City. Ronnie Moore, 1925 Old Mission Road, expressed concern with what would happen to his culvert right beside it. Mr. Bosso stated they would either have to replace it or that will probably determine the diameter of the culvert they have to put in. Mayor Schmidt would like to see, depending on the time table of this, them making sure if there is any way of speeding up what the County does to do it all at the same time and not have something where this is done and then a year later the County decides to do it and they tear up what has been done. This is such a critical road and we don't have that many north south roads as it is. He feels they need to make sure the County knows and knows what our frustrations are going to be. Councilwoman Lichter expressed concern with the Industrial Park also. City Manager Hooper explained the next step is the development process. They have to go to the County to get a permit to be able to intersect with Old Mission Road. That is part of what that process and that step would be. To interface with the County and make sure they are aware of how many trips are out there. The traffic study gets delivered to the County so they get a permit to access both roads, Old Mission and Park. That is part of why there are two ingress/egress entrances to divide up some of that traffic. Those become site plan issues that as they go through and they are actually getting access and driveway cuts, they go through that particular process with the County. DOT can do review some of that. That has already been done for the most part. Whenever the Comp Plan Plan Amendment was submitted, DOT commented and so did the County that there was sufficient traffic capacity there. Councilman Vincenzi asked about a particular document being one included in their packet. City Manager Hooper stated it has some minor changes to it. Councilman Vincenzi asked for a summary of the changes. City Manager Hooper explained the changes. Page -9- Council Regular Meeting March 7, 2005 '-' ...." Councilman Vincenzi asked the actual number density of this project. City Manager Hooper informed him 450 units over 174 acres. Mr. Evans stated it is less than three units per acre. Councilman Vincenzi asked how much of the property is developable. Mr. Evans stated over 40% of it is open space. A little over 100 acres they can build on. Councilman Vincenzi asked the 2.5 per acre density figure is based on what? City Manager Hooper stated gross acreage, the same as all the developments they have presented. Councilman Vincenzi spoke of developers having acreage they can't develop anyway but then they lump it all together and say they have got 175 acres that they are putting 450 houses on which would be 2.5 per acre but it is really not. It is really more than that because there are 60 of them that you can't develop. He feels this is another example of a development that is being clustered in order to maximize the number of houses that can go on it. Mr. Evans stated they were originally up to 750 units. Councilman Vincenzi stated but that didn't get approved anyway. City Manager Hooper explained the Council transmitted it and voted to have them authorize it. DCA did not object, they made comments. Councilman Vincenzi asked for what reason. City Manager Hooper informed him water, sewer, infrastructure, sprawl. DCA thought it was outside the original what the County proposed as an urban growth boundary, which didn't make it. Councilman Vincenzi asked what the density is if you divide 450 by 110. City Manager Hooper informed him 4.09. Councilman Vincenzi asked if it still classifies low density. City Manager Hooper informed him it sure does. Councilman Vincenzi asked what low density is. City Manager Hooper informed him anything less than 5 units per acre. Councilwoman Lichter spoke of having unbuildable wetlands and conditions and that is being counted as part of the acreage when they figure out how many houses per acre you are putting on. City Manager Hooper stated what you want to do is encourage them to preserve the wetlands so you transfer some of that density. Councilman Vincenzi feels this development is not what it is cracked up to be. It could be better but if you made it less density and just used the available acreage as developable, you wouldn't be putting as many houses there and you wouldn't be making as much money. He likes the development but he doesn't like the area where they have the small minimum fifty-foot lots. Page -10- Council Regular Meeting March 7, 2005 ,..., ...", Mr. Evans spoke about bordering a manufactured housing project so from an economic standpoint he can't sell a $400,000 or $500,000 home sitting behind a manufactured home. It's market driven. Councilman Vincenzi stated he would vote to annex it in but just even if it is a losing cause and just based on principle he won't vote for the other two. Councilman Brown asked about the area that is adjacent to the mobile home park on fifty-foot lots, he didn't see any road going into the mobile home park so that doesn't make it part of that mobile home park. He feels for them to give fifty-foot lots out there, why should they do that if this is not part of that mobile home park. He doesn't like the idea of fifty-foot lots unless there is a reason for it, which he doesn't see that there is on that, except to make more money. Mr. Evans stated not necessarily make more money, but to make it sell. Councilwoman Lichter stated she lives in a manufactured home that abuts Ranken Road. She spoke of the exquisite homes back there that sell for more than $350,000. Some how the back of Edgewater Landing touches the back of that and they still have been able to sell those lots larger than 50 feet and they have put up gorgeous big homes. She feels just to squeeze the homes in because they are worried about the manufactured home park, she is not sure that is a reliable reason. Mr. Evans stated this was the ideal place to put them instead of next to the larger lots. City Manager Hooper further explained the portion he is talking of for fifty-foot lots is already zoned for mobile homes. They are already very small lots. City Manager Hooper explained part of the draw of the annexation was to be able to mix types of development so you could have smaller lots plus larger lots. stop that mobile manufactured home ability. Part of that we are going to get from New Smyrna to take over the water and sewer lines. That became an opportunity to annex and be able to give them enough development potential so that you could make that gated, private and a very nice subdivision. Mayor Schmidt asked what would be the buffer between the manufactured houses and where this property begin. Mr. Evans explained they aren't far enough along with the site plan to know exactly what that buffer is going to be. He will have some type of buffer around the entire project. Once they know what they can build, they will prepare the preliminary plat. Page -11- Council Regular Meeting March 7, 2005 '-" """'" Mayor Schmidt opened the public hearing. The following citizens spoke: Barrv Reed, 1740 Elizabeth Street, asked if once the property is annexed if he would still be County or if he will be City. Mayor Schmidt explained as long as he isn't in that pattern, he would still be County. The people on his street have heard that they are all going to be Edgewater on the south side of Josephine and the north side would be New Smyrna Beach. City Manager Hooper explained what he is probably talking about is New Smyrna and Edgewater are talking about an inter local agreement that defines if it is ever annexed, which side of which street would be in what City. It is all voluntary annexation. Mr. Reed stated the exit road for that project onto Park Avenue how do you get across Massey Road and the canal. City Manager Hooper stated they will cross Massey Road, cross the railroad, probably put a box culvert over the canal, and get a railroad permit to be able to cross over it. Ronnie Moore, 1925 Old Mission Road, stated he doesn't want the project but has been told they do a pretty nice job of the project. He doesn't particularly want a house piled on top of him but he doesn't want trailers. He has over a half a million dollar house there and he would like for them to keep as far away as they can but he knows they own the property. Mr. Moore asked who is going to serve him power and what will he gain from being annexed. He asked if he gets electricity from New Smyrna Beach or Florida Power & Light. City Manager Hooper informed him he isn't being annexed. Pat Card, 3019 Willow Oak Drive, stated he is one of the people who has always said he doesn't feel comfortable with fifty-foot lots. On this one he does because there is a transition from really dense across to Park Avenue and up to Mission Road. The densest and the smallest are at one area and it is a dense and small area now. He didn't have any objection to this and frankly it is one of the cleaner things he has seen come through the Planning and Zoning Board. Mayor Schmidt stated the keyword is the transition area. We have pockets like that and they have tried to limit the 50 foot lots to certain areas but he thinks also in this one, that transitional area, this is probably one of the best choices they are going to have. Page -12- Council Regular Meeting March 7, 2005 '-" ...., Richard Burqess, 2003 Old Mission Road, stated he has 6 ~ acres and showed where the property is on the map. He spoke of traffic becoming really nasty. He feels eventually has to be four-laned from New Smyrna all the way to SR 442. Mr. Burgess asked if they had complete plans on the types of homes, the sizes, or where they are going. City Manager Hooper stated what Mr. Burgess is talking about comes at preliminary plat, the next level is actually when they will show lot layouts, the permits from the Water Management District, so that is the next process. Mr. Burgess asked if it is possible to get an advantage to get water from Edgewater if they have that property bordering it right there. Councilman Vincenzi asked him what he has right now. Mr. Burgess told him right now they have a well. Tye Harris, Storch, Morris & Harris, 420 S. Nova Road, representing the applicant, pointed out they are just laying the building blocks with the action that the Council is taking tonight. The Comp Plan, the annexation and the rezoning. The rubber will hit the road when they get to site plan. He asked them to withhold judgement on the fifty-foot lots until they see the site plan. He would appreciate the Council's vote tonight and specifically recognized Councilman Vincenzi. Councilman Vincenzi stated he is very skeptical. Mr. Harris stated managed growth is the key and an opportunity for Edgewater to manage growth instead of the County to manage growth. Mr. Harris commented on being before the Council in October and after the DCA comments, they came back and almost reduced density in half. They are putting the most gentle footprint that you can put on with urban low intensity. He feels they are going about this the right way. City staff has been wonderful to work with. He urged the Council to support this project. Mayor Schmidt closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-22, Glenn Storch, aqent for Oak Leaf Preserve Inc., owner, reauestinq annexation of 173.471+ acres of property located east of Old Mission Road, north of the FEC railroad riqht-of-wav and south of Mission Oaks Condo, second bv Councilman Vincenzi. The MOTION CARRIED 4-0. Page -13- Council Regular Meeting March 7, 2005 '-" ....., C. 2nd Reading, Ord. No. 2004-0-32, Glenn Storch, agent for Oak Leaf Preserve, Inc., owner, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 173.471~ acres of property located east of Old Mission Road, north of the FEC railroad right-of- way and south of Mission Oaks Condo as Low Density Residential with Conservation Overlay and Conservation - pt Reading 10/18/04, Item 68 Paralegal Matusick read Ord. 2004-0-32 into the record. City Manager Hooper made a brief staff presentation. He referred to Exhibit A. He stated if this is favorably approved, he feels they should include in the motion that they are transmitting back to DCA the engineer's report in response to their comments. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-32, Glenn Storch, aqent for Oak Leaf Preserve, Inc., owner, requestinq an amendment to the Comprehensive Plan Future Land Use Map to include 173.471+ acres of property located east of Old Mission Road, north of the FEC railroad riqht-of-wav and south of Mission Oaks Condo as Low Densitv Residential with Conservation Overlay and Conservation with the enqineer's report beinq transmitted back to DCA in response to their comments "Exhibit A", second bv Councilman Brown. The MOTION CARRIED 4 -0. D. 2nd Reading, Ord. No. 2004-0-33, Glenn Storch, agent for Oak Leaf Preserve, Inc., owner, requesting an amendment to the Official Zoning Map to include 173.471~ acres of property located east of Old Mission Road, north of the FEC railroad right-of-way and south of Mission Oaks Condo as RPUD (Residential Planned Unit Development) - 1st Reading 10/18/04, Item 6C Paralegal Matusick read Ord. 2004-0-33 into the record. City Manager Hooper made a staff presentation. Page -14- Council Regular Meeting March 7, 2005 "-" ...." Councilwoman Lichter asked if this process now goes through other gates, such as St. Johns. City Manager Hooper explained there are several. There will be a Water Management District permit for drainage, there will be a County permit to connect both to Park and Old Mission and then it comes back to Council as a preliminary plat so Council will see the lot layouts. There is probably some Army Corp, maybe some DEP permitting for wetlands. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-33, Glenn Storch, aqent for Oak Leaf Preserve, Inc., owner, reQUestinq an amendment to the Official Zoninq Map to include 173.471+ acres of property located east of Old Mission Road, north of the FEC railroad riqht-of-way and south of Mission Oaks Condo as RPUD (Residential Planned Unit Development), second by Councilman Brown. The MOTION CARRIED 3-1. Councilman Vincenzi voted NO. E. 2nd Reading, Ord. No. 2004-0-35, Miranda Fitzgerald, agent for Oak Hill Land, LLC; Edgewater Partners, LLC; the Southeast Volusia Hospital District and Dixie Highway, LLC, requesting an amendment to the Official Zoning Map to include 68.79~ acres of property located west of US 1 and northwest of 4115 S. US 1 as Public/Semi-Public with Conservation Overlay - 1st Reading 10/18/04, Item 6E Paralegal Matusick read Ord. 2004-0-35 into the record. City Manager Hooper made a staff presentation. Mayor Schmidt asked if they have a time table yet. city Manager Hooper explained he has seen drafts of the plan. They are mostly looking for the information for drainage. Councilman Vincenzi asked if this is the property where City Manager Hooper was trying to negotiate a deal for property for the Police/Fire building. City Manager Hooper stated it is the one they did negotiate the property. It is part of the annexation agreement. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -15- Council Regular Meeting March 7, 2005 '-'" ....." Councilman Brown moved to approve Ord. 2004-0-35, Miranda Fitzqerald, aqent for Oak Hill Land, LLC; Edqewater Partners, LLC; the Southeast Volusia Hospital District and Dixie Hiqhwav, LLC, requestinq an amendment to the Official Zoninq Map to include 68.79+ acres of property located west of US 1 and northwest of 4115 S. US 1 as Public/Semi-Public with Conservation Overlav, second bv Councilman Vincenzi. The MOTION CARRIED 4 -0. There was a ten-minute recess at this time. The meeting recessed at 8:00 p.m. and reconvened at 8:14 p.m. F. 2nd Reading, Ord. No. 2004-0-36, the City of Edgewater requesting an amendment to the Official Future Land Use Map to include 159.89~ acres of property located south of SR 442 and west of Old Mission Road as Conservation - pt Reading 10/18/04, Item 6F Paralegal Matusick read Ord. 2004-0-36 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 Vincenzi moved to approve Ord. 2004-0-36, the City of Edqewater requestinq an amendment to the Official Future Land Use Map to include 159.89+ acres of property located south of SR 442 and west of Old Mission Road as Conservation, second bv Councilwoman Lichter. The MOTION CARRIED 4-0. G. 2nd Reading, Ord. No. 2004-0-38, the City of Edgewater requesting an amendment to the Goals, Objectives and Policies of the Comprehensive Plan Future Land use Element adding Policy 1.5.9 pertaining to the conversion of residential structures to professional office uses, and amendment to Policy 1.6.6 pertaining to the SR 442 Corridor Overlay Zone - 1st Reading 10/18/04, Item 6H Paralegal Matusick read Ord. 2004-0-38 into the record. Page -16- Council Regular Meeting March 7, 2005 '-" ,..." City Manager Hooper made a staff presentation. Councilwoman Lichter expressed concern with the zoning being changed and someone no longer being able to keep it residential. city Manager Hooper explained they can keep it residential. It just let's those that say the road is too close to my front door to be able to do something with it and turn it into a small doctor or dentist office. Councilman Vincenzi stated if someone comes along and buys a house and wants to turn it into a doctor's office, they can't just come in and pave everything. City Manager Hooper explained the gateway standards the Council approved along that strip would be used. They have to do the landscaping, the setback and the architectural so it blends with the rest. Mayor Schmidt opened the public hearing. The following citizen spoke: Pat Card, 3019 Willow Oak Drive, questioned if this brings this into compliance with the rest of the Code the Council approved two years ago. City Manager Hooper stated the Land Development Code authorizes that and the Comp Plan never recognized it. Mr. Card feels when they did the Code two years ago they laid this out and everybody understood it then and everybody agreed to it. All this is doing is going back and making these two to coincide effectively with one another. Mayor Schmidt asked Mr. Card to sign the paper that he spoke during this public hearing. Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-38, the City of Edqewater requestinq an amendment to the Goals, Objectives and Policies of the Comprehensive Plan Future Land use Element addinq Policy 1.5.9 pertaininq to the conversion of residential structures to professional office uses, and amendment to Policy 1.6.6 pertaininq to the SR 442 Corridor Overlay Zone, second by Councilman Brown. The MOTION CARRIED 4 -0. Page -17- Council Regular Meeting March 7, 2005 '-" ....., H. 2nd Reading, Ord. No. 2005-0-03, Marcia Barnett, authorized agent for Diocese of Orlando, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 2.33~ acres of property located south of 3171 S. Ridgewood Avenue as Commercial with Conservation Overlay Paralegal Matusick read Ord. 2005-0-03 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 Ord. 2005-0-03, Marcia Barnett, authorized aqent for Diocese of Orlando, requestinq an amendment to the Comprehensive Plan Future Land Use Map to include 2.33+ acres of property located south of 3171 s. Ridqewood Avenue as Commercial with Conservation Overlay, second bv Councilman Brown. The MOTION CARRIED 4 -0. I. 2nd Reading, Ord. No. 2005-0-04, Marcia Barnett, authorized agent for Diocese of Orlando, requesting an amendment to the Official Zoning Map to include 2.33~ acres of property located south of 3171 S. Ridgewood Avenue as B-3 (Highway Commercial) Paralegal Matusick read Ord. 2005-0-04 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 Vincenzi moved to approve Ord. 2005-0-04, Marcia Barnett, authorized aqent for Diocese of Orlando, requestinq an amendment to the Official Zoninq Map to include 2.33+ acres of property located south of 3171 S. Ridqewood Avenue as B-3 (Hiqhwav Commercial), second bv Councilwoman Lichter. The MOTION CARRIED 4-0. Page -18- Council Regular Meeting March 7, 2005 '-' ....., J. 2nd Reading, Ord. No. 2005-0-05, Marcia Barnett, authorized agent for Raymond and Carol Spangler, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 1.03~ acres of property located at 3301 S. Ridgewood Avenue as Commercial with Conservation Overlay Paralegal Matusick read Ord. 2005-0-05 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 Brown moved to approve Ord. 2005-0-05, Marcia Barnett, authorized aaent for Raymond and Carol Spanaler, requestina an amendment to the Comprehensive Plan Future Land Use Map to include 1.03+ acres of property located at 3301 S. Ridaewood Avenue as Commercial with Conservation Overlay, second by Councilwoman Lichter. The MOTION CARRIED 4 -0. K. 2nd Reading, Ord. No. 2005-0-06, Marcia Barnett, authorized agent for Raymond and Carol Spangler, requesting an amendment to the Official Zoning Map to include 1.03~ acres of property located at 3301 S. Ridgewood Avenue as B-3 (Highway Commercial) Paralegal Matusick read Ord. 2005-0-06 into the record. City Manager Hooper made a staff presentation. Councilman Vincenzi asked what the results of the traffic study were. city Manager Hooper informed Council of the results, with this project having less than a 1% impact on any of the roads coming into Cory, Volco or U.S. #1. Councilman Vincenzi asked what they will do about the intersection when it starts getting populated. City Manager Hooper explained that will probably be out of Edgewater Lakes Phase II. There will be some requirement that they signalize that intersection, elongate that opening in the median and solve the problem that way. That isn't financially or even connected to the impacts of this project. Page -19- Council Regular Meeting March 7, 2005 "-" -.",.,I Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2005-0-06, Marcia Barnett, authorized aqent for Raymond and Carol Spanqler, requestinq an amendment to the Official Zoninq Map to include 1.03+ acres of property located at 3301 S. Ridqewood Avenue as B- 3 (Hiqhwav Commercial), second bv Councilman Vincenzi. The MOTION CARRIED 4-0. L. Res. No. 2005-R-04, amending Chapter 19 (Utilities and Services) establishing an Inclined Consumption Rate for Reclaimed Water use City Manager Hooper informed Council that items 6L and 9B are connected. Whatever the Council does on the Johnson performance contract relates directly to this resolution. He also informed Council they could go out of order and discuss Item 9B and then Item 6L. Council agreed to do that. B. Johnson Controls Inc. Performance Contract - staff recommending approval and execution by Mayor/City Manager of the Contract and all associated documents with Johnson Controls, Inc. in the amount of $9,048,454 to install, retrofit, upgrade and/or replace residential, existing commercial and reclaimed water meters with new Radio Read devices along with additional improvements to the Wastewater Treatment Plant City Manager Hooper made a staff presentation regarding the John Controls Performance Contract. Councilwoman Lichter feels this ties in with Mr. Visconti's comments about people not understanding. She was approached in the food store this morning that if we can't afford to buy a City Hall how can we afford to put this kind of money out for a project like this. She tried to explain the City will be saving money on this project. Councilman Vincenzi questioned Items 6L and Items 9B being separate issues. City Manager Hooper informed him that is correct. Page -20- Council Regular Meeting March 7, 2005 '-' ....." Councilman Vincenzi stated he is totally in favor of this. Replacing the meters and putting meters on the reclaimed water. He has an issue with the fees that are proposed. He asked if he votes for this, is there a possibility of revising the rates or putting this off for discussion. City Manager Hooper stated if worse comes to worse and they decided not to do anything with reclaimed water, he thinks what would happen out of the Johnson contract is implementation of water meters wouldn't occur, which he feels is the wrong thing to do. Councilman Vincenzi again stated if they vote for this is there a possibility of talking about this before it is approved. He would like to talk about it seriously over the next couple of weeks. City Manager Hooper stated he would like to talk about it tonight because they are headed into a budget. He stated they can vote for the Johnson Control Performance Contract and thy can talk about rates. The bottom line is they have to do something that will pay for the meters for the reclaimed system. Councilwoman Lichter moved to approve execution by Mayor/City Manaqer of the Contract and all associated documents with Johnson Controls, Inc. in the amount of $9,048,454 to install, retrofit, upqrade and/or replace residential, existinq commercial and reclaimed water meters with new Radio Read devices alonq with additional improvements to the Wastewater Treatment Plant, second by Councilman Brown. Mayor Schmidt opened the public hearing. The following citizens spoke: Dave Ross, 2803 Needle Palm Drive, questioned how they save money by the conservation of reclaimed water. City Manager Hooper explained if they do what they are supposed to and reduce the amount of water per capita by conservation that allows him to add more customers so that you expand that customer base. Right now 3000 customers are using 2 million gallons every day. If conservation works and he can reduce the 3000 customers to use 1 ~ million then he has the extra water to add new customers to it and that gets him additional revenue. Page -21- Council Regular Meeting March 7, 2005 '-" ...,; Mr. Ross asked how they are going to save $9 million over the period of this contract. City Manager Hooper stated old meters aren't working well. You replace those meters with new radio control meters. You replace and keep those upgraded. They are inspected annually so you can make sure they are reading at 100%. You do two things to the wastewater plant. You do something with the compressor and aerator that saves 0 & M costs and reduces the number of staff for meter reading. Mr. Ross questioned rates increasing. City Manager Hooper informed him they do not increase. Councilman Vincenzi stated it isn't necessarily true that they won't go up. City Manager Hooper stated he thought he was talking about potable water. Mr. Ross confirmed he was talking about potable water. Councilman Brown asked if the meters will be obsolete about the time this is paid off and they would have to redo all this. Shawn Warren, 621 S Pokeberry Place, Jacksonville, confirmed the life expectancy of the meters is about 20 years. There is a warranty on the reader unit as well as the meter itself. Pat Card, 3019 Willow Oak Drive, urged the Council to keep in mind that those who came into Florida Shores made a decision as to whether or not they would drill wells for the irrigation of their land. Those who went with the reclaimed water now do not have a choice any more. They can no longer drill wells in Florida Shores. City Manager Hooper stated he didn't think that was correct. Because of the moratorium they placed on new facilities, if somebody wanted to drill a well they would have to get a permit from the County. Mayor Schmidt closed the public hearing. The MOTION CARRIED 4-0. L. Res. No. 2005-R-04, amending Chapter 19 (utilities and Services) establishing an Inclined Consumption Rate for Reclaimed Water use Paralegal Matusick read Res. 2005-R-04 into the record. Page -22- Council Regular Meeting March 7, 2005 '-' """" City Manager Hooper made a staff presentation. He spoke of being directed by the Council to do some input and education to the folks by the newsletter. He suggested they put the meters in and there is probably a couple of months where you don't bill but you send the bills to the people letting them know what the amount would be. If they were going to bill them and they have been using 30,000 gallons here is the bill. Some how get them educated and make them understand that higher use is something the Council isn't wanting to condone and they are wanting to do conservation. City Manager Hooper suggested they review the rates after six months. He informed Council the rule is they have to be able to bring in money to stop the over use of the system or they will never get the system to work. If they don't control the consumption used at each house, nothing is going to work. Mayor Schmidt stated when they looked at the rate structure they suggested, it took the average user the one that needed to use between 10,000 and 13,000 and got them right about at the $10 mark. City Manager Hooper stated he thought it was a little higher and got them up around fourteen or so. City Manager Hooper explained this does, for the people that use little water, gives them a much better break. Your not a flat rate of $10 like you have now. It would be a flat rate of $3 and $.80 per thousand. Councilwoman Lichter stated they have been saYlng at the WAV Group that if you go too low on the bottom one then you are going out of whack on the high one and you aren't getting money for conservation purposes. City Manager Hooper stated that makes more sense if you are talking of potable water and some of the water rates. Reclaimed rates are strictly discretionary. Councilwoman Lichter feels if they make money on water it should go for a definite purpose such as conservation, education, etc. There are people out there that think when it rains the aquifer fills again. If we had extra money from anything connected with water and use it for conservation, ten years down the line that will save them money because maybe we won't have to get into that desaltation plant or taking water from the st. John's which is being anticipated ten years from now. She doesn't think people think it is serious enough. Page -23- Council Regular Meeting March 7, 2005 '-" ...", Councilman Brown asked about oversized lots. City Manager Hooper stated it is figured on all of the Florida Shores lots that are 80 X 125. Councilman Brown asked if the people with an extra lot will have to pay more. Will they be charged extra because they use more? City Manager Hooper informed him that is correct. They have other xeriscaping options and other things besides st. Augustine grass that they can do. That is really where this is headed. The County and State are telling you not to plant lawns but to do things with mulch and xeriscaping. Councilman Brown asked what about people that want to get off of this thing. Will they keep a record of that so they can let people reapply that want to be on this? Is there a program that they will come out and taking you off real quick. City Manager Hooper explained if somebody wants off they can ask to be disconnected from it easy. They have had some of that due to not having sufficient pressure. Councilman Vincenzi stated he doesn't understand how this works. First of all what do you consider to be normal usage? City Manager Hooper informed him the Department of Agriculture comes out with different amounts of water. Three quarters of an inch per week is what he has read. Mr. Ross presented him with something that said it should be twice that amount, two waterings at 3/4 of an inch. He spoke of dividing Florida Shores into different zones so it can work more efficiently. There is, on the agenda later on, a major trunkline to move water to the south. He also spoke of changing different parameters in Florida Shores to make this work. This whole scenario is built around an 80' X 125' lot, 3/4 of an inch per week, on top of the natural rainfall with about a 3,000 square foot house, driveway, garage and what is left over is what he is counting as a use of water. The 12,000 to 15,000 range is the same range the County and State use. The actual amount should be between the 12,000 and 15,000 range. Councilman Vincenzi stated a lot of the revenue generation that is in the chart will be a result of adding new customers. City Manager Hooper stated it is a choice. If you don't add new customers and people consume larger amounts, it's the conservation rates that will pay for it. If people conserve and you have additional water left over, you will add new customers. Page -24- Council Regular Meeting March 7, 2005 '-' ..."", Councilman Vincenzi feels the system the way it is now can't pump enough to supply good pressure to customers when they are all using it. Theoretically if they all go by the watering schedule only half of those customers should be using it at one time. City Manager Hooper informed him that is correct. Councilman Vincenzi clarified that City Manager Hooper was planning on adding more customers. City Manager Hooper stated yes, if the conservation creates additional water. Councilman Vincenzi doesn't agree with adding any customers unless you know the system can handle it because all you are going to do is create more bad attitudes toward the City. Councilman Vincenzi feels they need to figure this out better. He also doesn't like the fact that City Manager Hooper is arbitrarily picking 12,000 to 15,000 gallons as what should be used knowing that if they do use that it will cost them more. Mayor Schmidt stated that is what the "experts" seem to think that is what you need for the average lawn. If they are pumping out 2.6 million gallons a day and dividing it by how many customers are on the system and it comes out to they are on average using close to 30,000 gallons, either most everybody is using 13,000, 14,000 or 15,000 then somebody is using hundreds of thousands of gallons or on average the average one is using about 30,000 gallons. Councilwoman Lichter stated Councilman Vincenzi has a sheet of paper that she doesn't have. City Manager Hooper informed her it was put in their mailboxes. He explained this describes where the revenue comes from to pay the debt. There was a discussion regarding customers watering every day and this affecting the pressure. Councilman Vincenzi feels a lot of assumptions are being made that aren't necessarily true and the rates are being based on that. The following citizen spoke: Dave Ross, 2803 Needle Palm Drive, stated the pumping capacity today is 4,250 gallons per minute. If you have an irrigation system with five or six heads per zone, to get enough pressure to pump a head you will need about 10 or 12 gallons per minute. Page -25- Council Regular Meeting March 7, 2005 '-" ...., Mr. Ross further stated ten gallons per minute for 1500 customers is 15,000 gallons. That is three times what the station can pump and that, even if you only had 1,500 people using the system, is the source of the problem. The people using it at anyone time needs to be spread out. If the use is divided out so the City is only using 4,250 gallons per minute it will work. He feels there is a gallons per minute issue. He stated the property is not 125 feet, it is 135 feet unless you want sand rights-of-way. He feels a great deal of homes in Florida Shores are 50% to 80% drainfill. They are elevated and they are rock. It takes three times the amount of water on his front lawn as it does on the rear. He felt another issue was that it takes two or three times a week at 3/4 of an inch, not once a week in the dry season to water your lawn. Councilman Vincenzi if you say 12,000 gallons is what they should be using how come it is costing them $13.50 instead of $10. City Manager Hooper stated the honest answer is they are buying a meter. He doesn't agree with that because this plan is supposed to compensate for paying for the meters and installation if you impose this rate plan. Councilman Vincenzi stated everything he has read in the paper says this is for conservation. But according to the spread sheet 30% of the revenue generated is from reclaimed water, which includes conservation rates, people using more than they should and paying the extra at a large fee, which he doesn't mind. If you are an abuser you should pay. The rest of it is adding customers. City Manager Hooper stated if the conservation works. Mayor Schmidt stated if you can't add customers, then the ones abusing it would are going to be paying the sums of money that make up for that. Councilman Vincenzi still feels there are two factors. The amount of water you have and the amount of people using it at one time or the amount of pressure you can put in the lines. He was under the impression the figures reflect the fact that City Manager Hooper is intending to add customers. City Manager Hooper stated no they don't. They give you one of two choices. Councilman Vincenzi feels if they get with the program, people shouldn't be paying more than they are paying now. Obviously the rates don't reflect that. Mayor Schmidt pointed out in six months they can look at it. Councilman Vincenzi stated he has never seen a rate come back to decrease it. City Manager Hooper stated Council has reduced whenever there are been a problem with the reclaimed water. Page -26- Council Regular Meeting March 7, 2005 '-' ....., Councilman Vincenzi feels if the true intent of this is conservation they should force people and penalize them for abusing it when it is needed, during the four to six months of dry weather. When there is an abundance of it, you don't necessarily need to conserve. Councilwoman Lichter stated that is a misconception. You always need to conserve. Councilman Vincenzi stated they dump it into the river anyway. Councilman Brown mentioned pumping the water back into the lake. City Manager Hooper stated they are looking at permits to pump it back into the lake. He further spoke of using it year round and it being aquifer recharge to keep the salt water out. It's not just a dry hot season issue. That salt water intrusion comes upland and will actually infiltrate into your wells. No matter where you take water from it still has the same impact on the aquifer. Mayor Schmidt would like to see them approve this with the stipulation that in six months, once they have enough data when meters are in place, they do take a look at the rates and see what is out there according to the meters. City Manager Hooper stated he thinks that is very prudent that six months after they do the first billing to bring it back and show Council what is there. The idea is the more you use the more you pay. This is based on somewhat the County's rate, some what of an arbitrary number of trying to put people in the 10,000 to 12,000 gallons. Over 12,000 gallons is when you become an abuser and that is when the high rates kick in. Councilman Brown asked what kind of time frame they are looking at to get the meters installed for reclaimed water. City Manager Hooper informed him 60 days, 90 days tops. The rates wouldn't kick in until the meters are in place. He advised Council to put the meters in place, take readings for a couple of months and try to educate the public as to how much it is going to cost and get some of that input. Bill them but don't charge them. Councilman Brown moved to approve Res. 2005-R-04, amendina Chapter 19 (utilities and Services) establishina an Inclined Consumption Rate for Reclaimed Water use with a mandatory six month review after the meters are installed, second bv Councilwoman Lichter. The MOTION CARRIED 3-1. Councilman Vincenzi voted NO. Page -27- Council Regular Meeting March 7, 2005 '-' ...., 7 . BOARD APPOINTMENTS A. Library Board - nomination by Councilwoman Lichter to fill a seat vacated by the resignation of Kathy Booth Councilwoman Lichter moved to appoint Sandy Sammons to the Library Board, second by Councilman Brown. The MOTION CARRIED 4-0. 8. CONSENT AGENDA A. East Volusia Mosquito Control District - staff recommending approval of an annual request to perform low level flights over the City of Edgewater and authorize the Mayor or City Manager to execute the document Councilwoman Lichter asked if the recently annexed land is included as well. City Manager Hooper informed her it was. Councilwoman Lichter moved to approve the Consent Aqenda, second by Councilman Vincenzi. The MOTION CARRIED 4-0. 9. OTHER BUSINESS A. Water Tank Improvement Project - staff recommending approval for Project Closeout, Change Order and Final Payment in the amount of $58,665 to utility Services Co., Inc. for completion of the Florida Shores and Park Avenue Water Tank Improvement Project City Manager Hooper made a staff presentation. Councilman Vincenzi moved to approve the Proiect Closeout, Chanqe Order and Final Payment in the amount of $58,665 to utility Services Co., Inc. for completion of the Florida Shores and Park Avenue Water Tank Improvement Proiect, second by Councilwoman Lichter. The MOTION CARRIED 4 - 0 . Page -28- Council Regular Meeting March 7, 2005 '-' .."., B. Johnson Controls Inc. Performance Contract - staff recommending approval and execution by Mayor/City Manager of the Contract and all associated documents with Johnson Controls, Inc. in the amount of $9,048,454 to install, retrofit, upgrade and/or replace residential, existing commercial and reclaimed water meters with new Radio Read devices along with additional improvements to the Wastewater Treatment Plant This item was discussed earlier on the agenda. C. Reclaimed Water - staff recommending approval of Notice to Award contract to Wiring Technologies, Inc. in the amount of $831,401.50 for construction of the reclaimed water trunkline Phase I and authorize Mayor/City Manager to execute the documents City Manager Hooper made a staff presentation. Terry Wadsworth, Director of Environmental Services, informed Council the route would be from 17th and Needle down to Willow Oak Drive south to 25th and Willow. There are three main distribution lines that run throughout the Shores and they are going to go ahead and tie into those. The bottleneck of the reclaimed system is at 17th and Needle. We loose between 17 and 20 psi in the system at that bottleneck because of the distribution system interference we have there. By tapping in prior to that with a 16" line, we should move a significant amount of water south. They are trying to equalize the pressure over the whole Shores so the northern part doesn't have a huge advantage pressure Wlse over the southern part. Mr. Wadsworth also explained every time a section is done they can do a tie in. They can do that as they go along. The pressure in the system will get progressively better as the line goes along. The whole project does not have to be complete to start to realize some of the benefits from the line. Councilman Brown asked about nothing being tied-in on the north end of that line. Nothing will be tied in to that line until you get to the south and then it comes back in from the south and works north. Mr. Wadsworth informed him the only tie-ins at the north point will be at 17th and Willow to go ahead and help provide, because there is a major line that also runs under Travelers to take water under the boulevard as well, so it will go ahead and help out with that section too. Page -29- Council Regular Meeting March 7, 2005 '-' ." Councilman Vincenzi asked where this money is coming from. City Manager Hooper informed him it comes out of the utility Enterprise Fund. Councilwoman Lichter moved to approve the Notice to Award contract to Wirinq Technoloqies, Inc. in the amount of $831,401.50 for construction of the reclaimed water trunkline Phase I and authorize Mavor/Citv Manaqer to execute the documents, second bv Councilman Vincenzi. The MOTION CARRIED 4-0. D. Equipment Lease - staff recommending approval and execution by Mayor/City Manager of a Lease Agreement with Pitney Bowes, Inc. for the Documatch Integrated Mailing System for the amount of $2,201 per month (price offset by $2,212 savings by replacing current newsletter production and mailing Finance Director Jon Williams made a staff presentation and explained what the Documatch Integrated Mailing System will do. Councilman Vincenzi moved to approve the Lease Aqreement with Pitney Bowes, Inc. for the Documatch Inteqrated Mailinq System for the amount of $2,201 per month (price offset bv $2,212 savinqs bv replacinq current newsletter production and mailinq with execution bv the Mavor/Citv Manaqer, second bv Councilwoman Lichter. The MOTION CARRIED 4 -0. E. Special (Corrective) Warranty Deeds - staff recommending approval and execution by Mayor of the Special Warranty Deeds to correct the legal descriptions relating to the Sanchez abandonment City Manager Hooper made a staff presentation. Councilwoman Lichter moved to approve the Special Warranty Deeds to correct the leqal descriptions relatina to the Sanchez abandonment with execution bv the Mavor, second bv Councilman Vincenzi. The MOTION CARRIED 4-0. Page -30- Council Regular Meeting March 7, 2005 .... ...., 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper Paralegal Matusick handed out the final decision of the Oak Hill lawsuit. City Manager Hooper informed Council the court ruled in our favor and said we had jurisdiction and says Oak Hill owes us money for reasonable court and attorney fees. That reasonable amount has been determined to be about $30,000. City Manager Hooper informed Council Oak Hill will be asking to forgive the legal fees. They will be asking for a special meeting face-to-face with the Council to talk about water and sewer and getting along and they are going to ask that as part of it. City Manager Hooper elaborated on the tri-party agreement with Boston Whaler. Boston Whaler has asked for a year's time extension because they are reaching a point where there is some research and development that says they can make the molds of fiberglass and not have the smell. Instead of having to do the improvements they may be able to do different types of molds. He has an agreement that is for him to sign that grants them a year's extension. If Council is okay with that just by consensus, he will do it. It was the consensus of Council to grant the year's extension. Councilman Brown asked if units will be sold before then with the smell there. City Manager Hooper informed Council they will be coming before Council on a site plan in the first week in April. Councilwoman Lichter asked about the status of FEMA money. City Manager Hooper stated we have none. They promised we were getting $90,000 and we haven't received it yet. He told the Council to keep in mind that is $90,000 of about $5 million. 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments/Correspondence at this time. Page -31- Council Regular Meeting March 7, 2005 .... ..., A. Tentative Agenda Items There was nothing to discuss regarding any of the Tentative Agenda Items. 12 . ADJOURNMENT There being no further business to discuss, Councilman Vincenzi moved to adjourn. The meeting adjourned dat 9:27 p.m. Minutes submitted by: Lisa Bloomer Page -32- Council Regular Meeting March 7, 2005