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04-18-2005 - Regular '- ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 18, 2005 7:00 P.M. COMMUNITY CENTER MINUTES 1. CALL TO ORDER Vice Mayor Lichter 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 Vice Mayor Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Paralegal Robin Matusick Excused 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. Mayor proclaiming April 17-23, 2005 as Volunteer Week Vice Mayor Lichter read a proclamation declaring the week of April 17 - 23 as Volunteer Week and presented it to City Clerk Wadsworth. 4. CITIZEN COMMENTS Vice Mayor Lichter stated if anyone was present regarding 2203 S. Ridgewood Avenue, it would be on the agenda in two weeks. The following citizens spoke: ...., .."" Andy Anderson, Pine Tree Drive, stated there are a number of City satellite offices around. City Manager Hooper informed him the Parks Department is about the only satellite office. Mr. Anderson questioned if that property is owned by the City. City Manager Hooper informed him yes. Mr. Anderson didn't realize the City wasn't paying rent and felt the City could have saved money if they were paying rent. He wasn't sure how it was set up. ~ke Visconti, 316 Pine Breeze Drive, commented on the issue regarding the purchase of Regions Bank for the use of City Hall. He feels the people of Edgewater need and expect to be informed in order to best serve the community. He read an article from the newspaper regarding the City leasing Regions Bank for 60 months and after that time the City will have purchased the bank at a cost of $2.4 million plus $10. In the past he has requested that City Manager Hooper search and resolve the issue leaving no stone unturned. He believes Mr. Card and Mr. Ross have turned the right stone finding a way to resolve this issue. He is in favor of the proposal to lease Regions Bank. He feels this proposal will save the taxpayers over $5 million. Vice Mayor Lichter informed Mr. Visconti that City Manager Hooper would be presenting a report under his report at the end of the meeting. She feels it would be appropriate to take this item out of order and let City Manager Hooper give his report now. It was the consensus of Council to allow City Manager Hooper to do so. City Manager Hooper spoke of a faxed offer for a purchase lease agreement that came to the City a couple of weeks ago. That week they contacted the bank and clarified some information. They sent the proposal to City Attorney Paul Rosenthal and he has had discussions with him. He commented on the letter describing the offer from the bank as being a purchase agreement from the bank. The letter defines that the proposed lease is not a lease at all and is not consistent or compliant with the Charter. This has been put on the ballot twice and has been voted down about the same number both times. City Attorney Rosenthal and City Manager Hooper recommended to Council if they were going ,to go down this endeavor that this go back to the ballot and put it on as a single issue and clearly define how much it costs. He took the banks proposal and put it in terms of dollars, with a total cost over a five-year period of $2.4 million, not much different than the $2.2 million they started with, a 9.7% increase. Page -2- Council Regular Meeting April 18, 2005 '-'" ..., City Manager Hooper commented on the studies that were done when they originally looked at the bank building. There was a very itemized list of improvements. He took the report that was done in 2003 and updated it. He spoke of some of the costs being planned over a five-year period. He spoke of there being some structural issues due to the building having some hurricane issues. There is about $200,000 worth of immediate fix up to make it more hurricane resistant. In years two through five, there is about $350,000. They discussed they could work out of the current Council chamber for a period of time and about $225,000 to be spent over the next five years to remodel the interior lower portion of the bank. He commented on there being no generators and the need for a power upgrade. He broke down the costs that include the alarm system, heating, plumbing, air conditioning, and furniture. About $670,000 would have to be spent to move into it and about $925,000 over the next five years. The four year average is about $231,000 per year on top of the amount would take for the lease. He then went over the projected costs for year one and years two through five. It averages out to about $4.1 million over five years with an average annual cost of about $820,000. City Manager Hooper then spoke about taxes and one mill producing $639,000. The dollar figure of $820,000 is the equivalent of about 1.3 mills. He can't, with a clear conscience, tell them they could move over and not face a tax increase. The money has to come from somewhere. They could either delete other projects, parks, police, fire, cutbacks major to equal 1.31 mills or it goes back onto the ballot with the .41 mills over thirty years. Vice Mayor Lichter asked if the bank manager considered a longer period to make this manageable for the City. City Manager Hooper stated he e-mailed him last week and he called him before they left to go to Volusia Days and he hasn't gotten a return call. Vice Mayor Lichter stated maybe they shouldn't make any decision and put this on two weeks from now. City Manager Hooper stated this is the kind of information that needs to be available at the public meeting. Right now, they are getting about 300 calls and everybody says they are for it because they don't know how much it truly costs. Once they see that it has major cost implications, he thinks the numbers are different after that. Page -3- Council Regular Meeting April 18, 2005 ~ ...., Pat Card, 3019 Willow Oak Drive, stated he and City Manager Hooper talked two and a half weeks ago and questioned what happened with the City Attorney. City Manager Hooper stated he studied the lease and said that in order for it to be a lease, it had to be something you could back out of at any point. The five years, once he looked at the average cap rate, the average rate for local leases was somewhere about twelve to fifteen. This is probably four or five times that amount. When they talked a couple of weeks ago, he hadn't seen anything at that point. Mr. Card stated their original discussion was different. It was $20,000 per month for 60 months with a $200,000 end purchase. If they backed out of the agreement, they had no recourse and received no money. He asked if that is a lease-purchase arrangement. City Manager Hooper stated according to City Attorney Rosenthal that is closer. Mr. Card then questioned there being a possibility that a lease-purchase agreement could be drafted if the terms were amenable to both the City and the bank. City Manager Hooper explained it has to be closer to what a real lease would look like. Mr. Card stated the last time he spoke to the bank, they were amenable and the last time he and City Manager Hooper spoke after he spoke with the real estate guy, he had brushed the possibility of a longer term by him and he did not shut it down immediately at that point. City Manager Hooper stated he proposed a fifteen- year true lease and said we were interested in that. He informed City Manager Hooper he had to take it back to the bank because he had a group to report to and we haven't heard back. Mr. Card asked if there is anything he can do with the bank to help City Manager Hooper. City Manager Hooper stated to convince them fifteen years is good. Mr. Card stated at fifteen years what percentage would the City Attorney require at the end for a purchase. City Manager Hooper stated he didn't know that yet. Mr. Card stated if they can come to some amenable agreement, is it still doable. City Manager Hooper stated if it comes to fifteen years, he feels they are closer to it. He thinks what he really has to describe is it is not free and means taxes will have to be moved around or there are trade-offs. Vice Mayor Lichter felt Mr. Card and City Manager Hooper should talk. Mr. Card stated they will talk but he wants to make sure this is in the Sunshine too because they presented this as a last ditch effort and he doesn't want to pass this up without making sure everyone understands what has been said. Page -4- Council Regular Meeting April 18, 2005 ..... ..."" Vice Mayor Lichter then questioned the bank sharing the facilities for the first year. These are things the public doesn't necessarily know and she feels this is an important factor. Mr. Card stated this is all stuff that will be negotiated. He expressed his willingness to help City Manager Hooper with the negotiations. Bud Tillison, 2705 Sabal Palm Drive, asked why this particular building. He suggested the City buy land and build the building the City wants to start with. Is anybody going to be satisfied with that building. Mr. Tillison thought it would be $7 million for Regions Bank. City Manager Hooper clarified the cost. Mr. Tillison still thinks the way to go is to buy the land and put in a new building that the City will be satisfied with right from the start. If that is presented straight forward to the public, he feels it has a chance of going. Councilman Brown questioned the cost to build a building from scratch. City Manager Hooper informed him it would depend on the cost of the property. u.s. #1 frontage is somewhere in the $7 million to $8 million range. Councilwoman Lichter spoke of owning the current site and this being a thought. She feels they don't have all the answers to this yet. She feels the public voted twice and she refused to believe that they did not totally understand. She spoke of being at the New Smyrna Library during early voting going over all the referendum items. Mr. Card stated as you can see many people in this City do not have a clue about what she just said and what was said to them. They didn't understand what was said, right here, right now, tonight. He questioned what a new building might cost five years from now. He estimated a 23% increase per year in construction costs. Andv Anderson, Pine Tree Drive, asked what the figures are to go up a couple of stories on the existing City Hall. City Manager Hooper stated they have some preliminary numbers of $1 million to add a second floor over a portion of it and some repairs to the outside. He spoke of other issues such as inadequate parking. It's not a simple answer of telling you you can add a second floor. There are still many costs that go with that. This building doesn't meet any kinds of codes and if inspected would probably fail. Page -5- Council Regular Meeting April 18, 2005 ....,. ..." 5. CITY COUNCIL REPORTS Councilman Brown thanked all of our volunteers. They have done such a spectacular job for our City. If there is anyone interested in serving the City on any boards, they need to contact City Clerk Wadsworth. Councilman Vincenzi feels the only person to give them accurate figures would be City Manager Hooper. He doesn't mind waiting for his report to get accurate figures to see what it is really going to cost. He also wants to see what the City Attorney thinks. He is all in favor of getting the bank building and recommended people vote for it. He won't vote for it if it goes in conflict with the Charter. If there can be some kind of deal worked out where it is legally not an increase in debt on the City, he would be all for it. Otherwise he doesn't think it is something he would support. Councilwoman Rhodes had nothing at this time. Vice Mayor Lichter reported on Volusia Days in Tallahassee. They managed to meet all of the Volusia County legislators with some of the immediate City's goals and objectives. She also went representing WAV with specific bills she was aware were up there to try and divide the money between the State, st. John's and the cities for the projects that will face us in the future. We have ten legislators that have part of Volusia County. We have four state senators and we have six house of representative people. Only two of these live in Volusia County. This was a more than worthwhile experience. 6. PUBLIC HEARINGS, ORDINANCE AND RESOLUTIONS A. 1st Reading, Ord. No. 2005-0-08, Targator Partners, LLC requesting an amendment to the Official Future Land Use Map from Commercial to High Density Residential for 2.67~ acres of property located on the southeast corner of Falcon Avenue B. 1st Reading, Ord. No. 2005-0-09, Targator Partners, LLC requesting an amendment to the Official Zoning Map from B-3 (Highway Commercial) to RPUD (Residential Planned Unit Development) for 2.67~ acres of property located on the southeast corner of Falcon Avenue Paralegal Matusick read Ord. 2005-0-08 and Ord. 2005-0-09 into the record. Page -6- Council Regular Meeting April 18, 2005 '-" ....." City Manager Hooper made a staff presentation regarding Items 6A and 6B. Vice Mayor Lichter asked in high density residential, how high is the height buildings can be. City Manager Hooper stated as far as the height you aren't describing that. It is between eight and twelve units per acre. This is 8.4 units per acre. Councilman Vincenzi asked if we have any townhouses in town. City Manager Hooper stated there are condos on Riverside south of where he lives. The only difference is with the condominium the dirt underneath is owned by the association. The townhouse is simple ownership of the property. Councilman Vincenzi stated he doesn't particularly like the higher density but this is something different. We have something similar in town with condo units and he would be willing to give it a shot and see how it works out. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. There was a brief discussion regarding where this property is located. CounciLman Brown moved to approve Ord. 2005-0-08, Taraator Partners, LLC reauestina an amendment to the Official FUture Land Use Map from Commercial to Hiah Density Residential for 2.67+ acres of property located on the southeast corner of Falcon Avenue, second by Councilman Vincenzi. The MOTION CARRIED 4-0. City Manager Hooper made a staff presentation regarding Item B. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. CounciLman Vincenzi moved to approve Ord. 2005-0-09, Taraator Partners, LLC reauestina an amendment to the Official Zonina Map from B-3 (Hiahway Commercial) to RPUD (Residential Planned Unit Development) for 2.67+ acres of property located on the southeast corner of Falcon Avenue second by Councilwoman Rhodes. The MOTION CARRIED 4-0. Page -7- Council Regular Meeting April 18, 2005 ..... ...., C. 1st Reading, Ord. No. 2005-0-10, Scott R. Tobin, agent for Mid Florida Investments, LLC, requesting annexation of 30.01~ acres of property located east of USl and north of Jones Fish Camp Road Paralegal Matusick read Ord. 2005-0-10 into the record. City Manager Hooper made a staff presentation. Vice Mayor Lichter asked City Manager Hooper to show her where the property is contiguous to the City, which he did at this time. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2005-0-10, Scott R. Tobin, aaent for Mid Florida Investments, LLC, reauestina annexation of 30.01+ acres of property located east of US1 and north of Jones Fish Camp Road, second bv Councilman Vincenzi. The MOTION CARRIED 4-0. D. 1st Reading, Ord. No. 2005-0-11, Rodney Jones, agent for A.S.D. Properties Management, LLC, requesting annexation of 100.66~ acres of property located east of Old Mission Road and north of Mission Oaks Condominium Paralegal Matusick read Ord. 2005-0-11 into the record. City Manager Hooper made a staff presentation. Councilman Vincenzi stated it would be nice to annex that in but he has issues with the proposed use being manufactured/mobile home park. He feels there is a big difference between manufactured home developments and mobile home parks. He doesn't see any reason to promote new mobile home development. For that reason he wouldn't like to annex this in. He feels this goes against the principles of development that people on the Council are trying to promote. Vice Mayor Lichter questioned if this can be done. We have certain properties in the City that can not be rebuilt and they are more in the line of trailers. The manufactured homes meet different requirements since homestead. Page -8- Council Regular Meeting April 18, 2005 ........ ..."", City Manager Hooper stated the question before Council is annexing that parcel. The property owner has described that the manufactured/mobile home park is his goal. He stated what Councilman Vincenzi is describing is he isn't interested in annexing it therefore you wouldn't allow the building of it. Councilman Vincenzi stated he isn't interested in annexing it if that is going to be the use. In the County it could be developed as a mobile home park. The issue of why it hasn't been, is more than likely the utilities. The County doesn't have any water and sewer utilities out there. In order for the applicant to be able to get water and sewer to build a facility, he would either have to get it from New Smyrna Beach Utilities Commission or Edgewater, which he thinks is the intent. Councilman Brown asked if a particular piece of property was currently a mobile home park. Chief Planner Darren Lear informed him it is to the south of Mission Oaks. City Manager Hooper pointed out where he thought mobile home parks exist. Vice Mayor Lichter asked Mr. Lear to distinguish for her between a manufactured home park and a mobile home park. Mr. Lear stated a manufactured home has more standards as far as construction and the installation than the mobile homes. Manufactured home subdivision lots are generally fee simple and mobile homes you are leasing the four walls. Vice Mayor Lichter asked that the applicant come forth and explain this a little more for the Council. Rodnev Jones, 5809 Antigua Drive, Port Orange, stated it will be a manufactured home park. They would retain the property and sell the manufactured homes that would be owned by the residents. He stated this will be a 55+ park that he thinks gives the opportunity for people over the age of 55 to still own their own home that is affordable where they could still live on a fixed income. Vice Mayor Lichter spoke about Magnolia Village being a very nice manufactured home park. She also lives in one in Edgewater Landing. She feels there is some confusion regarding Mobile Home Park being included in the proposed use designation. City Manager Hooper further clarified you can sell the property or rent the land. Page -9- Council Regular Meeting April 18, 2005 .... ...", Councilman Vincenzi stated Edgewater Landing and Hacienda del Rio both have amenities built into their areas or facilities. He questioned what kind of development Mr. Jones plans to put here, manufactured or mobile. Mr. Jones clarified it was manufactured. Councilman Vincenzi asked about amenities. Mr. Jones confirmed it was still in the drawing stages as far as that part goes. Councilman Vincenzi doesn't feel a mobile home park is the right thing to promote if they want to move forward with development and quality of life. If it is going to be a manufactured home development with better living accommodations, still affordable with some amenities, then he is okay with that. Vice Mayor Lichter spoke of this being a 55+ park and falling under HUD as far as having to provide certain health things and certain ramps as well as other things. Vice Mayor Lichter stated all they are talking about is if they are going to annex it in and then it has to go through Planning and Zoning once they get their plan and then to Council. Mr. Jones stated whether it is a manufactured home or a mobile home they both have a hitch, they both get towed in and they both have axles on them. The difference to him is the quality of the home. A manufactured home is a much better quality home than a mobile home. He intends to have this park for the rest of his life so they would want something with top quality that is going to last a long time. Mr. Jones stated they intent to have a very nice park. They have two industrial parks in Edgewater and they are nice. They like the City of Edgewater and have worked well with them. That is one reason they want to be annexed into Edgewater. They could have went the other way to New Smyrna but they felt Edgewater is a better place to be and he feels people like Edgewater more than New Smyrna to live. Councilman Vincenzi expressed concern with the park going down hill twenty years from now. Mr. Jones stated in a 55+ park they usually don't have that problem. Councilwoman Rhodes questioned it making a difference tax wise whether it is manufactured or mobile home. City Manager Hooper stated what make a difference is if it is fee simple owner of the property. What matters is if the property owner owns the dirt underneath or whether it is leased. Page -10- Council Regular Meeting April 18, 2005 ..... ..."", Vice Mayor Lichter stated the land owner pays taxes to the tax assessor. What it makes a difference to is the homeowner. City Manager Hooper stated and the City. Councilwoman Rhodes stated if the land is leased the landlord is paying for unimproved property. Mr. Jones confirmed it is not unimproved, it is improved property with water, sewer and roads. It would be like buying a building lot. Councilwoman Rhodes stated you would be paying for a lot, not a lot with a home on it, which is what Edgewater Landing pays. If you are going to lease the land, the City of Edgewater will not realize as much tax revenue from leased land with a mobile home on it as it would from fee simple with a manufactured or mobile home. This is not adding a great deal of tax dollars to us. Mr. Jones commented on the impact fees they would have to pay for every time a mobile home would be set up. Vice Mayor Lichter stated the City has a responsibility to offer all different types of housing in a community. It is in our plan to have low income housing, middle income housing and high income housing. She feels they need to consider the factor of affording the citizens all types of housing. Councilman Brown asked about impact fees and if is done per unit and if it is the same as building a house. City Manager Hooper explained the impact fees in general are essentially the same. Vice Mayor Lichter opened the public hearing. The following citizen spoke: ~ke Visconti, 316 Pine Breeze Drive, asked about looking into the concept of low income housing. He spoke of what happens to mobile homes during hurricanes. Vice Mayor Lichter closed the public hearing. Councilman Vincenzi stated he would look on this much more favorably if it was a little better than what is considered a standard mobile home. Vice Mayor Lichter stated Mr. Jones informed them they would be manufactured homes. Since Homestead, they have higher standards. There were homes in Florida Shores that took the same hits that her home did. Page -11- Council Regular Meeting April 18, 2005 ~ ....., Councilman Brown moved to approve Ord. 2005-0-11, Rodney Jones, aaent for A.S.D. Properties Manaaement, LLC, reauestina annexation of 100.66+ acres of property located east of Old ~ssion Road and north of ~ssion Oaks Condominium, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. E. Public Hearing, Joseph Alison requesting preliminary plat approval for a 15-unit subdivision located on 5.78~ acres of property located east of FEC Railroad, west of Palmetto Avenue, north of Knapp Avenue and south of 10th Street, to be known as Nocatee City Manager Hooper made a staff presentation. Councilman Brown stated he has been on Knapp Avenue and he feels this is a small street and there will be a lot of traffic that will generate. Will it handle it? City Manager Hooper stated fifteen homes, not that many trips. You are looking at a fairly small subdivision. Councilman Vincenzi commended the developer for doing larger lots. Vice Mayor Lichter opened the public hearing. The following citizen spoke: Pat Card, 3019 Willow Oak Drive, feels what the people have planned is a very nice development and it is a great use for a piece of property that might not otherwise be able to be used effectively. He thinks Council should consider this one. Councilman Vincenzi asked if the property around it is vacant. Mr. Card stated there is a drainage area that runs along one side of it and on the other side is the railroad. To the south of it is built up but it is built up about 1950. It is not pretty. If anything, it might increase the pride people take in the houses around it. Councilman Vincenzi feels it would be a great addition. Councilwoman Rhodes stated the older she gets, the better the fifty foot lots look. Page -12- Council Regular Meeting April 18, 2005 "-' ...", Vice Mayor Lichter closed the public hearing. CounciLman Vincenzi moved to approve the preliminary plat for a 15-unit subdivision located on 5.78+ acres of property located east of FEC Railroad, west of Palmetto Avenue, north of Knapp Avenue and south of 10~ street, to be known as Nocatee, second by Councilwoman Rhodes. The MOTION CARRIED 4 -0. There was a five-minute recess at this time. The meeting recessed at 8:10 p.m. and reconvened at 8:16 p.m. F. Public Hearing, staff recommending approval and recordation of Quit-Claim Deeds from Florida Shores of Volusia County, Inc., Magnuson Properties and Magnuson Corporation to the City of Edgewater for the six foot (6') planting buffer strip surrounding Florida Shores City Manager Hooper made a staff presentation. Vice Mayor Lichter asked if they do this separately does it cost each time verses now doing it one time. City Manager Hooper stated the applicant was paying $500 each time there was a request to do that. Paralegal Matusick stated once this is done, the City will vacate and no one will have to apply for abandonment again. Due to there being no comments, Vice Mayor Lichter opened and closed the public hearing. Councilwoman Rhodes moved to approve the approval and recordation of Quit-Claim Deeds from Florida Shores of Volusia Countv, Inc., .Maanuson Properties and .Maanuson COrPora tion to the Ci tv of Edaewater for the six foot (6') plantina buffer strip surroundina Florida Shores, second by CounciLman Brown. The MOTION CARRIED 4-0. G. Res. No. 2005-R-07, Judson I. Woods, PA, agent for Larry and Nancy Carson, requesting an abandonment/vacation of a six foot (6') planting buffer along the property located at 2751 Alamanda Drive Page -13- Council Regular Meeting April 18, 2005 ..... ....." Paralegal Matusick read Res. 2005-R-07 into the record. City Manager Hooper made a staff presentation. Vice Mayor Lichter asked if the property around this piece of property is still County. City Manager Hooper pointed out the County jurisdiction surrounding the property. Vice Mayor Lichter questioned these surrounding properties coming into the City. City Manager Hooper stated they have been working with them. Vice Mayor Lichter opened the public hearing. Mark Hall, representing Michael & Jodi Mitchell, who purchased 2751 Alamanda Drive, stated when they purchased this property they didn't know that the two parcels out front were going to be subdivided by the Carsons and sold off. They were under the impression it was one parcel or that it was unbuildable. The vacation makes it so each of the parcels meet the minimum lot requirements. Once the clients purchased the property, they realized the driveway was not within the easement area, which is in the middle of the property. He and Mr. Woods have worked out that the driveway, will be placed into the easement area and will rejoin the rest of the driveway in proper fashion and his clients will bear the expense of the relocation, including permitting. The only issue the Mitchell's and the applicants have is over whether two story houses will be allowed on these two lots that will be created that they weren't even aware of as being buildable when they bought the property. All they are requesting as an issue is that there be a voluntary developer concession to limit the height to one story. Otherwise, they are not opposing the request. Councilman Vincenzi questioned who he was talking about when he referred to voluntary. Mr. Hall stated the Carson's would voluntarily agree through Mr. Woods to a covenant being placed on each of these properties that are being created limiting them to one story. Mr. Hall stated they have worked the other issues out. They are in agreement but they want to have those two lots, which the Council will be allowing to be created, to be limited to one story. Page -14- Council Regular Meeting April 18, 2005 ~ ~ Judson Woods, representing Larry & Nancy Carson, stated the property has been rezoned and he thinks two stories are allowed in there and they would just like to keep within the zoning. They have agreed to relocate the driveway but they would like to build two stories if the zoning permits it, which it does at the present time. They aren't going to voluntarily give up the right to build a two-story home. He stated he thought the Mitchell's have a two-story home. Councilman Vincenzi stated personally, he doesn't see how the City can restrict that either. Vice Mayor Lichter opened the public hearing. Jodi Mitchell, 2751 Alamanda Drive, stated their main reason for purchasing that home was for privacy. The way they are wanting to do it will be taking away from their privacy. Councilwoman Rhodes asked the intent when the Carsons' sold them that property and retained the front property. She asked if they offered to sell them the whole thing. Ms. Mitchell stated that was an option but they were under the understanding that if they didn't, the property in that area would allow for one home, not two smaller homes. They were under the understanding the property could be sold, but not as two lots. Councilwoman Rhodes then questioned one home being built as a two-story home. Ms. Mitchell stated they were not aware of that. If they move their road, that takes away their privacy where the road initially is. Councilwoman Rhodes stated your road is currently going through their property. Ms. Mitchell feels this should have been taken care of before the property was even sold. They got caught up in something that shouldn't have been. They already sold one of the other lots that their driveway is running through and those people probably aren't aware of the issues. Mr. Hall stated Ms. Mitchell felt wronged not so much by the City but by the Carsons. They have worked everything out and the only issue is the question of whether the City is going to condition their vacation of the planting easement by limiting the height to one story. If they do, fine. If they don't, they have settled the case otherwise. Page -15- Council Regular Meeting April 18, 2005 '-' ....,,; Vice Mayor Lichter asked Mr. Lear if there is more than one house now. Is there more than three in total planned. Mr. Lear stated they have one house on their property. After the minor lot split application process, there will be two building lots towards the front. Vice Mayor Lichter spoke about flood area there. Mr. Lear stated the two new lots are in Flood Zone X which is outside the 500 year flood plain. He believed the Mitchell's home was also in Flood Zone X. Vice Mayor Lichter stated if they didn't do something with the buffer, one house could be built there. Mr. Lear stated it has been going through the rezoning process for about a year. The Carson's had applied while they still owned it. Legally it has been before Council and was approved to rezone to R-2 to have the minimum lot size in R-2. Vice Mayor Lichter stated the buyer wasn't aware that they wouldn't be able to use that road where now there is going to be a house. Mr. Lear stated they worked out an agreement where they would realign the driveway. He pointed out where the realignment would be. Councilwoman Rhodes feels part of the buffer should be deeded to the Mitchell's. Mr. Lear agreed. Councilwoman Rhodes feels whether they abandon this buffer or not, the driveway would have to be realigned anyway. She questioned if they don't pass this next phase, will the driveway be realigned. Mr. Lear clarified the issue they are asking for is a restriction to be placed on it not to exceed one-story. Councilwoman Rhodes feels it is zoned for two story and a two-story home whether there be one house or two should be allowed. Mr. Lear stated there is a twenty-six feet height in R-2 zoning. City Manager Hooper stated you don't have a restriction of one or two stories. The way the Code reads it is twenty-six feet. CounciLman Vincenzi moved to approve Res. 2005-R-07, abandonment/vacation of a six foot (6') p~antina buffer a~ona the property ~ocated at 2751 A~amanda Drive with the fo~~owina conditions: 1) the owners sha~~ comp~ete app~ication for a minor ~ot sp~it of the oriaina~ parce~ with the City and the Technica~ Review Committee approves the minor ~ot sp~it reauest, second by Counci~woman Rhodes. The MOTION CARRIED 3-1. Vice Mayor Lichter voted NO. Page -16- Council Regular Meeting April 18, 2005 ~ ....., 7 . BOARD APPOINTMENTS There were no Board Appointments at this time. 8 . CONSENT AGENDA There were no items on the Consent Agenda to be discussed at this time. 9. OTHER BUSINESS A. Code Enforcement Fines - Mark Hall, P.A., agent for J.C. and Rosemary Carder, requesting a fine reduction from Code Enforcement Case #2004-CE-2021A totaling $4,753 City Manager Hooper made a staff presentation. Councilwoman Rhodes questioned what the cost of $500 covers. Fire Chief Barlow stated that is an estimated cost of staff time as well as the supplies associated with it and filing fees. Councilwoman Rhodes understands their mission with Code Enforcement is compliance. On the other hand, what type of example does it set for those that come behind. She would be willing to say $2,000. Vice Mayor Lichter feels it might be an order that they have a motion and some type of discussion. She would like to see if they have a motion and a second so they can discuss the issue. Councilwoman Rhodes moved to reduce the fine from $4,753 to $2,000, second by Councilman Vincenzi. Mark Hall, representing J.C. and Rosemary Carder, stated a little history is in order, remember is it a roof or a marquis sign? They have an appeal pending at this point. City Manager Hooper didn't mention as part of the acceptance of the staff recommendation, Mr. Carder is going to drop his appeal. What has happened here is there was a fine that is a 47 day fine. The Code at Section 10-7 talks about the Code Enforcement Board and the fines that they may impose. He had a difficult talk today of convincing Mr. Carder to support the recommendation. Back in February the faces of the sign were taken off but the structures were not taken down. That was not his doing to put that forward in a letter to City Manager Hooper February 25, 2005. Page -17- Council Regular Meeting April 18, 2005 ..... ...., Mr. Hall further stated there is a claim to be made that the signs were removed as of February 17, 2005. At that point he was required by his client to put forward that a re-inspection should have been done at that time. Cooler heads prevailed, especially Rosemary Carder along with her son convinced Mr. Carder to take down the structure. That is why he sent a letter March 24, 2005 saying that they completely removed the sign and supporting structure. In looking at the amount of the fine, there are three factors which are taken into consideration in Section 21-121.04B of the Code. He then listed these factors. Instead of having a complaint based system, the City has a patrol based system. Councilwoman Rhodes is correct that compliance is the touch stone of any code enforcement action and he has complied. He suggested council amend the motion to go along with staff's recommendation but also include an additional condition that City Attorney Rosenthal and Mr. Hall drop the appeal that is pending. There is a fair question in your code as to the definition of the roof signs that needs to be fixed and also the whole question of the vested rights section. Those are problematic. If they over rule staff's recommendation and go with the $2,000 fine, he will have to go back and see what his client is going to do on the appeal, which is still pending. City Manager Hooper stated he spoke to Glenn Storch, which represents the Code Enforcement Board and City Attorney Rosenthal and clearly he is not concerned about the appeal. This went before the Code Enforcement and they debated that subject for quite some time. They ruled that it was a roof sign. Mr. Hall was in front of Council to ask them if they would be interested in changing the code. Council said they weren't interested. There has been quite a bit of amortization schedules given to the owners. They have had compliance from others so that part he isn't concerned about. Councilwoman Rhodes asked if it is going to cost the City $1,500 if they go forward with the appeals process. City Manager Hooper stated it will be the same as in the past. They will be pushing for attorney fees. If Council wins, like in the Oak Hill case, no. If you lose, you will pay some fees. Councilwoman Rhodes stated she doesn't like fighting with the citizens of this City nor does she like being blackmailed. She doesn't like Mr. Hall telling them that they won't sue if they don't do what they want. Because Mr. Carder is a citizen of this City, she would be willing to amend her motion. Page -18- Council Regular Meeting April 18, 2005 '-" ....", Councilwoman Rhodes doesn't want this to be a precedent. We worked very hard to put teeth into our Code Enforcement and she doesn't want to send them the message that they will go behind them and second guess them. Mr. Hall feels the process is working pretty well. Councilwoman Rhodes withdrew her motion. Councilman Vincenzi withdrew his second. Councilman Brown moved to accept staff's recommendation to lower the fine to $500 as lona as the appeal is dropped, second bv Councilman Vincenzi. The MOTION CARRIED 3-1. Councilwoman Rhodes voted NO. Vice Mayor Lichter stated when she was on Planning and Zoning she would make a statement why she voted no on that last case. The reason she voted no was she knows the property very well. It is in her district and it is so wet. It is probably the reason she voted no. She is unsure about three houses on that wet acreage. 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. City Attorney Paralegal Matusick reported to the Council we have two open cases. One is the forfeiture with Mr. Fowler. They have worked out a settlement. The City obtained over $36,000 and the City will retain over $33,000 with him getting a return of $2,500. When the case is closed, the City will be refunded those dollars. Paralegal Matusick stated the only other case that is pending at this time is the County verses the City of Oak Hill and the City of Edgewater verses Oak Hill. That had been granted in part with reasonable legal fees. Currently the attorney for Oak Hill has filed an appeal but they have heard no ruling on that appeal. C. City Manager City Manager Hooper stated the meeting they are going to have on May 2nd, anything further Council wants concerning the bank. He has given them the summary of the cost and will write a cover letter. Page -19- Council Regular Meeting April 18, 2005 ..,. ...., City Manager Hooper informed Council City Attorney Rosenthal will be present for that meeting. If there is anything else Council wants, he asked that the Council let him know. Councilwoman Rhodes would like the facts and figures on the 15- year lease. Councilman Vincenzi would like the survey on the internet taken off or revised to include facts. If you don't have facts, he doesn't see how people can vote and give their opinion. City Manager Hooper stated he would like to put the raw data on the internet. Councilman Vincenzi feels it has to be explained and made clear because he doesn't think people will understand it by looking at it. 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:50 p.m. Minutes submitted by: Lisa Bloomer Page -20- Council Regular Meeting April 18, 2005