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10-10-2005 - Regular '-" ...", CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 10, 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 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 There were no presentations at this time. 4. CITIZEN COMMENTS The following citizens spoke: Marilyn Austin, 3214 Yule Tree Drive, stated after conferring in detail with City Manager Hooper and everyone concerned, they decided it is in the best interest of everyone at this time to proceed with their agreement to do the drainage ditch to alleviate the flooding for the Beck's Grove Road Canal Relocation and Improvements. ~ ~ Rick Rosen, corner of Old Mission Road and SR 442, stated they had meeting with City Manager Hooper Friday night who came out after hours and tried to make it better than what it is. He agreed 100% with what he talked him into. He wants it on record that if it doesn't work that they look to fix the problem in the future with regard to Beck's Grove Road Canal Relocation. 5. CITY COUNCIL REPORTS Councilman Vincenzi had nothing at this time. Councilwoman Rhodes encouraged everyone to vote tomorrow. Councilwoman Lichter presented an update on WAV. She spoke of the inter local agreement they have worked on for the last six months. Daytona Beach has decided that they aren't being charged fairly and they don't feel the small cities should have a whole vote. It looks like they are heading for arbitration. She spoke of Daytona coming to the meeting once in a while but in the end they agreed to everything and they signed in. Mayor Schmidt also encouraged everyone to get out and vote tomorrow. He mentioned 60 of his signs are missing out of 80 that he put up. Councilman Brown had nothing at this time. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. 2005-0-22, Glenn Storch requesting an amendment to the Comprehensive Plan Future Land Use Map to include 36.07~ acres of land located west of US1 and north of Clinton Cemetery Road as Commercial and Low Density Residential with Conservation Overlay, 1st Reading, 6/6/05, Item 61 Paralegal Matusick read Ord. 2005-0-22 into the record. City Manager Hooper made a staff presentation with regard to Large Scale Comprehensive Plan Amendments. Development Services Director Darren Lear pointed out the seven Large Scale Comp Plan Amendments being discussed by Council on a map. He further commented on the Objections, Recommendations and Comments report issued by the Department of Community Affairs. Page -2- Council Regular Meeting October 10, 2005 '-" ....., City Manager Hooper feels the comments are premature. The Legislation that was approved last year requires Volusia County and all of its cities to have a school concurrency requirement. Our mandate date is February 2008. He believes they are just notifying Council how the rules will be. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Counci~woman Lichter moved to approve Ord. 2005-0-22, G~enn Storch requesting an amendment to the Comprehensive P~an FUture Land Use Map to inc~ude 36.07+ acres or ~and ~ocated west or US! and north or C~inton Cemetery Road as Commercia~ and Low Densitv Residentia~ with Conservation Over~ay, second by Counci~n Brown. The MOTION CARRIED 5-0. B. 2nd Reading, Ord. No. 2005-0-23, Glenn Storch requesting an amendment to the Comprehensive Plan Future Land use Map to include 154.97~ acres of land located west of US1 and northwest of William Street as Low Density Residential with Conservation Overlay, 1st Reading, 6/6/05, Item 6K Paralegal Matusick read Ord. 2005-0-23 into the record. City Manager Hooper made a staff presentation. Councilman Brown asked City Manager Hooper to go over what conservation overlay does. City Manager Hooper elaborated. Councilwoman Lichter commented on panthers being sited on some of this land. City Manager Hooper commented on what would happen if the environmental study showed there were panthers on the site. All of these projects will have to go through the environmental study. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -3- Council Regular Meeting October 10, 2005 '-' ..." Councilman Brown moved to approve Ord. 2005-0-23, Glenn Storch requesting an amendment to the Comprehensive Plan FUture Land use Map to include 154.97+ acres or land located west or USl and northwest or William Street as Low Densitv Residential with Conservation Overlay, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. C. 2nd Reading, Ord. No. 2005-0-24, Joe Sfera requesting an amendment to the Comprehensive Plan Future Land Use Map to include 12.01~ acres of land located west of USl and south of 4100 USl as Commercial with Conservation Overlay, pc Reading, 6/6/05, Item 6K Paralegal Matusick read Ord. 2005-0-24 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 Rhodes moved to approve Ord. 2005-0-24, Joe Srera requestinq an amendment to the Comprehensive Plan FUture Land Use Map to include 12.01+ acres or land located west or USl and south or 4100 USl as Commercial with Conservation Overlay, second bv Councilwoman Lichter. The MOTION CARRIED 5-0. D. 2nd Reading, Ord. No. 2005-0-25, T&H LLC requesting an amendment to the Comprehensive Plan Future Land Use Map to include 37.26~ acres of land located west of 4100 S USl and Relocation Road as Industrial with Conservation Overlay, pi Reading, 6/6/05, Item 6L Paralegal Matusick read Ord. 2005-0-25 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter asked about the proximity of industrial to the hospital and questioned if it is limited as to what kind of industrial. City Manager Hooper commented on what occurs next with regard to the process. Page -4- Council Regular Meeting October 10, 2005 ...... ..."" Councilman Vincenzi asked for examples. City Manager Hooper stated not at this time. He thinks early it is just speculation but these guys are out marketing. There has been a continuing care facility that has been planned and some of what they are looking for are some of the facilities that will augment that. Due to there bring no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2005-0-25, T&H LLC requestinq an amendment to the Comprehensive Plan FUture Land Use Map to include 37.26+ acres or land located west or 4100 S US1 and Relocation Road as Industrial with Conservation Overlav, second bv Councilman Vincenzi. The MOTION CARRIED 5-0. E. 2nd Reading, Ord. No. 2005-0-26, Robert Jalbert, Sr. requesting an amendment to the Comprehensive Plan Future Land Use Map to include 12.38~ acres of property located at 2203 and 2295 Cow Creek Road as Agriculture and Low Density Transition with Conservation Overlay, pt Reading, 6/6/05, Item 6M Paralegal Matusick read Ord. 2005-0-26 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter asked what kind of agriculture is there now. Development Services Director Lear stated there are a couple of single family homes within the twelve acres and there are some hobbyist uses in the back large building to the rear of the houses. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2005-0-26, Robert Jalbert, Sr. requestinq an amendment to the Comprehensive Plan Future Land Use Map to include 12.38+ acres or proper tv located at 2203 and 2295 Cow Creek Road as Aqriculture and Low Density Transition with Conservation Overlay, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. Page -5- Council Regular Meeting October 10, 2005 '-" ,...", F. 2nd Reading, Ord. No. 2005-0-30, Scott Tobin requesting an amendment to the Comprehensive Plan Future Land Use Map to include 30.01~ acres of land located east of US1 and north of Jones Fish Camp Road as High Density Residential with Conservation Overlay, 1st Reading, 6/6/05, Item 60 Paralegal Matusick read Ord. 2005-0-30 into the record. City Manager Hooper made a staff presentation. Council will see this next as a PUD agreement that will delineate the height, the size and the number. Councilwoman Lichter asked if they have access to the river. City Manager Hooper informed her yes. Councilman Brown asked if this is the one where the gentleman was concerned about his property value. He was on the other side of Jones Fish Camp Road. City Manager Hooper commented on a work session held about a year ago where people were concerned about high density being there and property values dropping. Obviously that hasn't occurred. Councilman Vincenzi stated originally he voted for this but he has been waiting for other information to come through on this and he has only gotten drips and drabs about it. He asked if Mr. Tobin is wanting to put up a 15-story condo. City Manager Hooper informed him that is correct but tonight they are dealing with land use. Councilman Vincenzi stated he has never voted for a high density project except one and that was Edgewater Harbor. He commented on why he voted for Edgewater Harbor. He hasn't seen any information on this yet. For him to approve something that is high density he thinks is something that he can't do and it's something that is not very responsible for other people on the Council to do. He believes if you are going to consider developments of this nature which are high density which will have a high impact on the community in the future, that development has got to offer something to the community in addition to paying for itself as far as growth is concerned. He didn't think he was going to vote for it this time around. Councilwoman Rhodes stated she will not vote for any more high density projects in the City. We do not have, from the State, the County and the City, the resources to support it. If it was low density, she doesn't think she would vote for a fifteen story anything on the river. Page -6- Council Regular Meeting October 10, 2005 ...... ~ Scott Tobin, agent for the developer, stated although they are asking for a high density designation, their PUD agreement which would be in front of the Council if they get past this stuff actually has less than that. They are just over 10 units per acre. He pointed out the existing land use is actually industrial on one portion of this and medium density residential and multi-family residential on the remainder of it. As far as impacts go, they find that the medium density and multi-family have much more impact in a community. The majority of the condominiums at anyone time, 50% to 70% of them, are not occupied. He further commented on ending up with a large tax base. Their computations at this point with the current tax rate would bring $900,000 a year in additional taxes to the City. He feels this is a great project for the City. The PUD Agreement is for 80% plus of open space. There are beautiful specimen trees on this property and they are planning on keeping this 30-acre parcel pristine. He stated with the clustering and the land use you really don't have high impact. He then commented on their traffic study decreasing the traffic count. Councilman Brown asked about the 80% open space. Mr. Tobin commented on trees that will be preserved and some decorative ponds. It will also be open walking trails. It will have a park type look but will not be a public park. Councilwoman Lichter commented on smart growth and with the clustering and open space we will be more dense. She is having trouble envisioning fifteen stories. She is not adverse to their planning of having open spaces and some type of condos or some type of height but she feels they are blocking views of neighbors perhaps. She has to go and look at the property. She also commented on not having seen a picture of this. Councilman Vincenzi stated they have heard what will be there but haven't seen anything. It would be nice to have a firmer grasp of what exactly is going to be there on paper. City Manager Hooper stated some of the higher towered condos are in Ponce Inlet. He informed Council they are clearly acting as a legislative body tonight and setting policy. Some of the questions the Council is asking is taking them into the next step. Before Council is a proposal to allow between eight and twelve units per acre and they will come back and show the Council how that fits. Assuming Council improves this, they have some rights. Their entitlement starts. They have the right to develop something that is between eight and twelve units per acre. Page -7- Council Regular Meeting October 10, 2005 ...... """'" Councilman Vincenzi stated once you approve the high density residential you are pretty much stuck unless you want to go through extreme legal procedures to reduce it. City Manager Hooper stated that is correct. They have about a 30-acre site. If you multiply that by eight or twelve you can see the number of units. Councilwoman Rhodes asked if they could not accept this as high density, have it come back as medium density. They pass that and once they see the plan could they go back and do high density. City Manager Hooper informed her no. Councilwoman Rhodes stated she doesn't want a fifteen story condo on the river. Mr. Tobin stated where the proposed towers are, they are set way back from the river, 600 feet off the river and 600 feet off of U.S. #1. They are in the middle of a large wooded area. Councilwoman Rhodes stated at some point in the future you will be able to see the river from there. Mr. Tobin stated they were before the Council before for the first reading. This has been submitted to DCA, which because of the acreage of the property to change this at this point, they are into another year and another submission. Their PUD planning is well advanced at this point. It is their intention to have it before the Council in the near future. If there were a workshop session that needed to be done during the PUD process, they would be more than happy to work with the Council. Councilwoman Lichter asked if they ever had the term fifteen story said to them before. City Manager Hooper stated at the transmittal this is part of what they described. This is a large, different type use. City Manager Hooper stated it is clearly up to the Council to decide. Once they start and once they approved the first round of something, they get more committed each time they go through it. Their next step will be back with a PUD agreement. They would have the opportunity to say they want it closer to eight units per acre and can describe clustering. Councilwoman Rhodes asked if they can put this off until after they see that. City Manager Hooper informed her no, there are time lines. What Council could do is deny this and have it come back next cycle and then have the whole package and the developer would then be bringing it all back before Council. They will fallout of sequence. Page -8- Council Regular Meeting October 10, 2005 '-" .."", City Manager Hooper further stated you can't pull them all off because then that will take you into next year and you will lose the cycle for the other six Large Scale Comprehensive Plan Amendments. They all have to be submitted together or one will become the first amendment cycle for next year. They are all packaged together and send the off as the second comp plan amendment for this calendar year. They come back with time lines for the Council to do something. Whatever they approve tonight, they have ten days to send it to DCA so they can start their certification. Councilwoman Lichter asked if they can, within ten days go and take a look at the property and she wants to see something that is thirteen stories and come back and have a special meeting. City Manager Hooper informed her they could do that and go through that process. Councilman Vincenzi feels the better thing to do would be to deny it and have it come back next cycle after they have more detailed information about what their plans are. He wants to see something more concrete and more accountable. Mr. Tobin stated until they have the future land use, they are not able. The PUD proposal is in and is on paper. Their design is well along. They are more than willing to work with Council any way they can. He asked that because they have several more times to say yeah or nay on this project that they would let them go forward so they don't lose another six months. Councilman Vincenzi stated once this is approved there is no turning back. It's approved as a high density area. Mr. Tobin stated it's not zoned though. The future land use is approved as high density. Councilman Vincenzi stated he has thought about this and he isn't going to vote for this this time around because of the concerns he stated before. If they approve this as high density residential, it's approved for high density residential. The only negotiating they have is they can say yes or no between eight and twelve units. City Manager Hooper commented on Council still having a say on the amenities and the height. Page -9- Council Regular Meeting October 10, 2005 ....,. ....." City Manager Hooper stated they set the range. They start the negotiations by setting a range and the things on the table will be amenities, height and how they will access it, all of those kinds of things. But step one, the entitlement that walks away if this were approved is he has a minimum eight units per acre with a maximum of twelve. They have left on the table clustering. He can have it very high and a lot of open space or he can make it five stories and sprawl it out over the thirty acres. Those are the things Council would be dealing with. Councilwoman Rhodes stated even if he has it small and sprawled out over the thirty acres it is still high density. Councilwoman Lichter asked if they can stipulate eight. City Manager Hooper informed her they can stipulate eight when the PUD document comes in front of Council. Tonight they are doing high density with a range between eight and twelve. If this were to be approved, knowing that somewhere between eight and twelve is his entitlement, he polishes up his developer agreement as PUD. At that point, they go from being a legislative body to being quasi-judicial. They approve something legislative that sets policy. At that point you are looking specifically at and approving a project. Tonight they are approving density only. Councilman Brown asked how many high density areas we have in the City. City Manager Hooper identified high density areas in the City. He pointed out the three areas along the south the Council has talked about. Precedent setting they have opened the door to say that is what they are looking for along a corridor east of U.S. #1 in certain spots. Councilman Vincenzi stated he was under the impression none of this was precedent setting. City Manager Hooper stated it is only precedent if the Council approves it. Councilman Brown clarified all they would be approving is that he has between eight and twelve units per acre and they get to decide how high, how many afterwards. City Manager Hooper stated the only thing the Council is deciding tonight is the range between eight and twelve units. Councilman Vincenzi would like to go on record saying he doesn't think they will be able to tell Mr. Tobin how tall he wants to build it. Page -10- Council Regular Meeting October 10, 2005 "-' ....", Mayor Schmidt opened the public hearing. The following citizen spoke: Dot Carlson, 1714 Edgewater Drive, agreed with Councilman Vincenzi and Councilwoman Rhodes. It's not just the height and the density of it. It's the impact on the river. She spoke of runoff of pesticides and fertilizer. There are very few places you can visit the river or even drive by and see it. Mayor Schmidt closed the public hearing. Councilwoman Lichter stated that all building on the river just doesn't go through the City Council. There are various levels that have to approve that. If it was detrimental to the river, there wouldn't be anything built across the street. The only thing bothering her at the moment is the height. She doesn't want to get into a legal battle because they did approve it the first time and they have progressed through various stages. She will probably vote for it but she isn't going to vote for anything that high in the end. City Manager Hooper further commented on the options they will have. Councilman Brown moved to approve Ord. 2005-0-30, Scott Tobin requesting an amendment to the Comprehensive Plan FUture Land Use Map to include 30.01+ acres or land located east of US1 and north or Jones Fish Camp Road as Hiah Density Residential with Conservation Overlay, with the stipulations that they have the option on heiaht and that it will be held to no more than eiaht to twelve units per acre and thev have the options to look at the plans yes or no. Councilman Vincenzi asked if that is legal. City Manager Hooper stated they have added more to it. What they have added are just conditions to the code. That they approving the ordinance with a range of eight to twelve. Councilman Vincenzi then asked Councilman Brown if he is saying he wants to put this forward saying they want to approve this as high density residential. Page -11- Council Regular Meeting October 10, 2005 ~ ...., Councilwoman Lichter doesn't feel this is necessarily setting precedent. Each parcel has its own uniqueness. Councilwoman Lichter seconded the motion. The MOTION CARRIED 3-2. Rhodes voted NO. Councilman Vincenzi and Councilwoman G. 2nd Reading, Ord. No. 2005-0-31, Rodney Jones, agent for ASD Properties Management LLC, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 100.66~ acres of land located east of Old Mission Road and north of Mission Oaks Condominium as Medium Density Residential with Conservation Overlay and Conservation, 1st Reading, 6/6/05, Item 6P Paralegal Matusick read Ord. 2005-0-31 into the record. City Manager Hooper made a staff presentation. Mayor Schmidt opened the public hearing. The following citizen spoke: Mike Visconti, 316 Pine Breeze Drive, stated in the past years we have annexed into the City a lot of land and they have been approving a lot of first an second readings. One developer has come before the Council to talk about low income housing. He further commented on with all of the annexations, not one developer has turned to the low income housing. What happens to a person who can't afford a $200,000 home? Councilman Brown stated this is the area he mentioned at the forum. That possibly they would be able to get some lower income housing in this area. Mr. Visconti commented on the manufactured and mobile homes and campgrounds on Old Mission Road. The mobile homes aren't strong enough to withstand hurricanes. He feels someone should build homes that withstand the hurricanes for the low income families. Councilman Vincenzi stated these are supposed to be manufactured homes from what he understands. Councilwoman Lichter stated they won't own the land. They will be renting the land which makes them a bit cheaper than if you buy them. Page -12- Council Regular Meeting October 10, 2005 ~ ....., Councilman Vincenzi asked Mr. Visconti what he was looking for. Mr. Visconti stated he is looking for homes in the $100,000 to $150,000 range. Councilman Vincenzi stated low income housing is anything from apartments to low cost homes to manufactured/mobile homes. There is a wide range. Councilwoman Lichter further identified some low income housing in the City and manufactured housing not being as cheap as it used to be. She spoke of smaller homes in older sections of the City that might be called affordable housing. She spoke of Florida Shores being low income at one point. Fred Jones, ASD Properties, informed Council this project is going to be a mobile home park. They are looking at the price range of between $80,000 and $120,000 with the tenants renting their land. If someone buys a home in the $80,000 to $120,000 bracket and they are paying $400 per month lot rent, that is comparable with someone in Coral Trace paying $200,000 and paying taxes on a $200,000 home. The mobile homes or manufactured homes they will be selling there are comparable to site built homes and will withstand hurricanes. Councilman Vincenzi clarified they were manufactured homes. Mr. Jones confirmed they are. They feel there is a big need for affordable housing in Edgewater and Volusia County. Mayor Schmidt opened the public hearing. The following citizen spoke: Debra Rogers, 510 S. Riverside Drive, planning on renting the property for. be comparable with the market today. $450 per month. asked what they are Mr. Jones stated it would Somewhere between $350 and Ms. Rogers asked how long the rent will be stabilized. Mr. Jones stated that is all regulated through the State and through mobile home laws that are already in place. Ms. Rogers asked if this development will have City water and sewer. Mr. Jones informed her yes. Page -13- Council Regular Meeting October 10, 2005 ~ ....., Ms. Rogers stated she has looked at this property. The elevation and landscape is below the grade of the street. The street has been built up. She is concerned that we will have a hurricane and the people in these manufactured homes are going to be under water. She commented on the overflowing retention ponds in coral Trace and the conservation easements that aren't large enough to handle the water. Mayor Schmidt feels they are stretching this a little far. He is feeling like they are trying to get more in depth into this then they are required to do right now. Ms. Rogers hoped the Council would vote no. They voted yes to the preVlOUS one and she feels they shouldn't have voted yes. She is happy that Councilman Vincenzi and Councilwoman Rhodes voted no. Counci~woman Lichter moved to approve Ord. 2005-0-31, Rodnev Jones, a~ent for ASD Properties Manaqement LLC, requestinq an amendment to the Comprehensive P~an FUture Land Use Map to inc~ude 100.66+ acres of ~and ~ocated east of O~d Mission Road and north of Mission Oaks Condominium as Medium Densitv Residentia~ with Conservation Over~ay and Conservation, second by Counci~woman Rhodes. The MOTION CARRIED 5-0. City Manager Hooper informed Council all of these will be packaged within ten days and sent to DCA and the Volusia Growth Management Commission. They both have to certify completion. It will move through the process now. They will each come back to Council in a PUD agreement or some form of a site plan approval. They will be going through the Planning and Zoning Board through the month of November and Council should see a large majority in December. Mayor Schmidt stated he thinks some of the questions that were being passed will be questions that come up again. 7. BOARD APPOINTMENTS There were no Board Appointments at this time. Page -14- Council Regular Meeting October 10, 2005 '-W' ....., 8. CONSENT AGENDA A. Engineering and Surveying Services - staff recommending approval of Work Order #2002-23, for a boundary survey and topographic survey, by Gierok Engineering, Inc. for the 17.64+ acre site (to be purchased from Volusia County) for a cost of $20,240 (Purchase of property approved by Council on September 12, 2005) B. Law Enforcement Trust Funds - staff recommending approval to use "Trust Funds" in the amount of $2,000 to purchase uniforms/equipment for the honor guard program C. Police Department Position - staff recommending approval of a full-time Victims Advocate position with an annual salary of $36,082, fully funded by a Victims of Crime Act (VOCA) grant Counci~woman Rhodes moved to approve the Consent Agenda, second bv Counci~woman Lichter. The MOTION CARRIED 5-0. There was a ten-minute recess at this time. at 8:15 and reconvened at 8:24 p.m. The meeting recessed 9. OTHER BUSINESS A. Canal Relocation and Improvements - staff recommending to declare drainage improvements on Beck's Grove Road to be an emergency, authorize Halifax Paving, Inc. to construct the improvements at a cost not to exceed $90,000 and authorize the Mayor/City Manager to execute the documents, continued from 9/26/05, Item 9C City Manager Hooper made a staff presentation. David Kinq, Quentin Hampton, made a presentation regarding the third party review done by Quentin Hampton with regard to Beck's Grove Road Canal Relocation and Improvements. Page -15- Council Regular Meeting October 10, 2005 ....... ..." Councilman Brown stated on the west end of the existing road and the ditch which is to the south, he asked if this will be blocked off completely from Coral Trace. Mr. King stated the existing ditch to the south will not receive any flow from Coral Trace. Councilwoman Lichter commented on problems in Magnolia Village when it rains. Councilman Vincenzi stated after the work is done, the water will now go north of that road under old Mission Road onto the east side and then flow out onto that property and down to the Hammock. City Manager Hooper stated it comes on the east side and flows north a little ways until the area fills up then the ultimate outfall is right there. He spoke of possible problems in that area if they decide to develop in the future. City Manager Hooper informed Council they have designated everything on the south of SR 442 as conservation. Mayor Schmidt stated they talked last time about the section at the corner of SR 442 and in talking to DOT whether they have to do any improvements to that underneath SR 442. City Manager Hooper stated DOT and the City will have a conversation with the County involved, to discuss how to help better drain that. This is probably step one of several steps as this whole area is developed. Councilwoman Lichter doesn't know how Old Mission Road is going to be widened. Councilman Vincenzi moved to approve declarinq drainaqe improvements on Beck's Grove Road to be an emerqency, authorize Halifax Pavinq, Inc. to construct the improvements at a cost not to exceed $90,000 and authorize the Mayor/Citv Manaqer to execute the documents, second bv Councilwoman Rhodes. The MOTION CARRIED 5-0. B. Engineering Services - staff recommending approval of the proposal from Gierok Engineering, Inc. for services related to paving, drainage and utility improvements for Driveway "A" in ParkTowne Industrial Center at a cost not to exceed $49,935, and authorize the City Manager to negotiate and execute the documents. Page -16- Council Regular Meeting October 10, 2005 '-' ....", City Manager Hooper made a staff presentation. Councilwoman Lichter moved to approve the proposal from Gierok Enaineerina, Inc. for services related to paving, drainaae and utilitv improvements for Driveway "AN in ParkTowne Industrial Center at a cost not to exceed $49,935, and authorize the City Manaaer to neaotiate and execute the documents, second by Councilman Vincenzi. The MOTION CARRIED 5-0. C. Engineering Services - staff recommending approval of Work Order #2005-01 for engineering services as proposal for Rotary Park Improvements by B & H Consultants, Inc. for a total cost not to exceed $72,354 City Manager Hooper made a staff presentation. Councilwoman Rhodes moved to approve Work Order #2005-01 for engineering services as proposal for Rotarv Park Improvements bv B & H Consultants, Inc. for a total cost not to exceed $72,354, second bv Councilwoman Lichter. The MOTION CARRIED 5-0. Councilwoman Lichter commented on the mural that got wiped out from the hurricanes. She asked if they received any compensation for the mural. City Manager Hooper stated he didn't think we were awarded any claims for that. Mayor Schmidt commented on the Rotary replacing the road sign with the new rotary wheels and beautifying the entrance into Rotary Park. They are also looking at lighting and aesthetic type things for Rotary Park. 10. OFFICER REPORTS A. City Clerk Wadsworth encouraged everyone to vote tomorrow and informed the Council of the Special Meeting on Wednesday at 6:00 p.m. to certify the results of the election. Page -17- Council Regular Meeting October 10, 2005 ~ ..", City Manager Hooper commented on a local entity that approached City Clerk Wadsworth for a Political Action Committee. The group is seeking a referendum that would modify the City's Charter and that modification is to have a super majority requirement to amend the comp plan and zoning requirements for changing land use and changing zoning. They have sent the information to the City Attorney. The Attorney has described that the process to amend the Charter has a couple of components, 10% of the registered voters, 1,440 people. That would be a petition and they would have to get signatures. This would be presented back to Council and would go to the public for a referendum. Another method is to have a Work Session with the group to better understand the purpose, which is what he suggested they do. He suggested they hold a Work Session in December. City Manager Hooper informed Council they can propose an amendment to the Charter at will. It has to be placed on the ballot at certain times. They are a year from now. Councilwoman Lichter would like to hear their goals for this type of change. City Manager Hooper asked if they are interested in holding a Work Session in December. Councilwoman Rhodes asked if they are interested. City Manager Hooper stated he hasn't talked to Dot but received an e-mail from Barbara that said they would like to have a discussion with the Council to explain their thoughts and concepts. Councilman Vincenzi asked what the procedure is now for amendment changes. City Manager Hoper stated there is a minimum five year cycle for a citizens advisory charter committee that recommends to Council. The Council has the legal authority to change it anytime they desire to. He then commented on two processes, one is the citizens advisory committee or they can propose a modification. Both of these have to go back to the voters for referendum approval. He also mentioned other alternatives that could go in the Land Development Code that may satisfy what they are looking for. Mayor Schmidt suggested a work session in early December. City Manager Hooper suggested during the first Monday in December to start an hour early. Mayor Schmidt suggested not holding it on a Council meeting night because of the time it could take. Page -18- Council Regular Meeting October 10, 2005 ~ ..", City Manager Hooper suggested December 12th. Councilman Vincenzi would like to check his schedule because he would like to be able to attend. City Manager Hooper agreed to work on a date and coordinate with the Council. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper had nothing at this time. 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items There were no tentative agenda items to be discussed at this time. The following citizen spoke: Mike Visconti, 316 Pine Breeze Drive, asked why, when they develop big pieces of property like Coral Trace, they take all the trees down. He asked if there is a way to save some of these trees. City Manager Hooper elaborated on what happened in Coral Trace. He further commented on the code requirements. 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 -19- Council Regular Meeting October 10, 2005