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12-19-2005 - Regular .... ""'" CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 19, 2005 7:00 P.M. COMMUNITY CENTER MINUTES 1 . CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Michael Thomas Councilwoman Debra Rogers 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 A. Regular Meeting of October 10, 2005 Councilwoman Lichter commented on a correction to the minutes of October 10, 2005. On Page 2 of the minutes, the paragraph that starts with Councilwoman Lichter presented an update on WAY. On the second line the way it's written it kind of implies the interlocal agreement has just been written now and that isn't so. She spoke of the interlocal agreement "that had been worked on at least six months". She stated on the third line it should say "Daytona Beach now decided." The WAY Group has been in existence since 2003 and it's now they made the decision. On the sixth line it should say "she spoke of Daytona's coming to the meetings once in a while". She also stated the last sentence should state "but in the end they agreed to Page 1 of27 Council Regular Meeting December 19, 2005 ....... -.",., everything and they signed in back in October of 2003". She feels this will explain it a little better. Councilwoman Lichter moved to approve the October 10, 2005 minutes as corrected, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES /DONATIONS There were no presentations at this time. 4. CITIZEN COMMENTS The following citizens spoke: Jeanne De~Nigro, 3130 Tamarind Drive, stated she is very upset about the little girl that got hit on the bicycle yesterday. She asked when they are going to start enforcing the helmet law in Edgewater. There are a lot of children riding around without their helmets and at night there are no lights on the bikes. She didn't know if the girl was alive or not. She knew she was in critical condition. Police Chief Ignasiak stated the girl is alive and is in serious conditions. She became involved in an accident the other day when she disregarded the crosswalk light and decided to cross the road on the bicycle against traffic. Police Chief Ignasiak further explained they do enforce the helmet law. Every year at the beginning of school they go to Edgewater Elementary and Indian River Elementary and set up outside the schools and they have a checkpoint and they stop kids coming in who don't have helmets. A majority of the time the child will tell them they don't have one. We have a helmet program and we give them a free helmet. They send letters home and ask the parents to comply. It's difficult to get involved with it because it involves more parental control. Helmet or not that would not have prevented the accident yesterday. When school starts again we'll start back up with our helmet programs again. It's a free giveaway. Page 2 of27 Council Regular Meeting December 19,2005 '-' ~ Ms. DelNigro asked Chief Ignasiak about the grown ups that are riding around without lights on their bikes at night. Chief Ignasiak informed here they have written several individuals for riding their bikes at night without lights. Ms. DelNigro wished everyone a Merry Christmas and Happy New Year. Bob Wind, resides in Mission Oaks, wished everyone a Merry Christmas and Happy New Year. He commented on the tremendous problem with flooding in their area. He had pictures that show the street in front of his house, which is Madre Street, which is all the way down at the end towards the pond, with twenty-six inches of water in it that he would be glad to show the Council during the break. He lost a Honda in there one year. He also had pictures that show the pond eight feet closer to his house than it normally is. Mike Schmitt, 2063 Porto, thanked everyone for coming out last week to see what is going on out in Mission Oaks. He hoped the guys from Oak Leaf were trying to do something to help them out. Mr. Williams has owned this property since 1984. He mentioned County staff that has been out there and up until the year 2000 not one of those people have told him he could build anything out there. He went over a drawing of their site. He commented on some concerns he has with the County. He commented on the three retention areas in Mission Oaks. He commented on a pipe that is partially collapsed. He further spoke of their drainage having nowhere to go. He feels the County has to step up to the plate and start fixing their drainage problem or they will never be out of the mess they are in. He stated he had all the engineering reports and soil reports as well as correspondence from County staff. He commented on not having the money and this costing several million dollars to do. Mr. Schmitt stated he knows the developer for Oak Leaf is trying to help them out as much as they can but they are limited. Right now a lot of the problems with them and what they are going to run into is going to go back to the County not doing their job. 5. CITY COUNCIL REPORTS Page 3 of27 Council Regular Meeting December 19, 2005 -- """ Councilman Vincenzi stated he has been bending City Manager Hooper's ear about growth over the past couple weeks. He has been trying to impress upon him how important it is that they look at the Land Development Codes and modify them as quickly as possible. His feeling is they have to take care of what is already in the works. He spoke of talking to the developers and have them compromise and work with the community wherever possible. He feels new developments needs to be stopped temporarily until they get a chance to look at the Codes and modify them appropriately. Councilwoman Rhodes wished everyone a Happy Holiday. Councilwoman Lichter commented on an article in the News Journal regarding Daytona pulling out of WAV. There was a meeting Wednesday of the Water Authority and Rick Shriver, Daytona Beach's representative, was there. He did vote against increasing the benefits to the director but he voted for anything else in a positive manner. Two members of the WAV Group were appointed for the negotiating committee. They thought their main problem was they wanted the smaller cities to have less vote and the smaller cities in the interlocal have equal vote. Also they wanted only the cities involved directly benefiting from a particular project t pay and actually in the concept of WAV we're all going to pitch in. During that meeting their representative voted for the Chairman of WAV who is the Mayor of Deland, Bob Apgar, and for Jack Hayman from the County, to be at the negotiation table. From each city there is a representative and Rick voted yes to that. Something happened when that meeting was over. She spoke of the Police Chief leaving Daytona Beach and five other people that work for Daytona Beach being moved here or there. This is not the first time the City Manager of Daytona has pulled this kind of thing, which in essence is a power play. They are a very important City in this group and they are hoping they will come back. She thinks they are doing it for power for get their way. She would not like the State to take over our cities and what they are going to do with their future in terms of water nor quite frankly the County and if we don't have Daytona Beach in we do have a problem so we are working on that. Councilwoman Lichter stated she got a call about the tennis courts at Whistle Stop Park. She commented on the cracks Page 4 of 27 Council Regular Meeting December 19, 2005 ~ ...., in the pavement being a safety factor. in the budget to repave the courts. She found out it is Director of Leisure Services Jack Corder stated currently we are out on proposals on resurfacing the courts. Hopefully something will be done within four to six weeks. Mayor Thomas commented on the meetings he has attended. He did a radio talk show on December 7th. He met with the employees of the Wastewater Collections and he is going to try to meet his goal to meet with each City employee. He was very impressed and learned a lot that day. He hopes to learn a lot more. On December 9th he visited the Oak Leaf subdivisions and Mission Oaks. He appreciated the Council and staff taking the time to go out there. On December 17th he attended a seminar for newly elected officials. Mayor Thomas expressed his appreciation to City Manager Hooper and Building Official Dennis Fischer for bending over backwards to help Tracy Card. Councilwoman Rogers stated she met with City Manager Hooper and Development Services Director Darren Lear today for an hour and a half. They are looking to do some changes to the Land Development Code. Her goal is to deal with lot widths at first, building heights and other items. There are certain items that have time frames involved. If we start making changes in March, we will not see results until June or July of next year. Councilwoman Rogers reported she also attended the seminar for newly elected officials and felt it was very informative. They learned a lot about WAV, VCOG, and the MPO, which she has been appointed to. She spoke of transportation and the north south road that we are needing to have go through this City being a serious concern to the City. She wants the public to realize that she does want economic development in this City but they must plan and manage it. She wants to see responsible growth. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Oak Leaf Preserve, Inc. requesting preliminary plat approval for a single-family residential subdivision to be known Page 5 of 27 Council Regular Meeting December 19, 2005 ..,. ""'" as Oak leaf Preserve (cont. from 12/5/05, Item 6A) City Manager Hooper made a staff presentation. He spoke of walking the property. Some of the improvements did not appear to be in place to take the water to Old Mission. He also commented on some of the things that have been done to date. The preliminary plat meets all of the conditions and requirements for drainage, land use, and comprehensive plan. Glenn Storch, Law firm of Storch, Morris and Harris, commented on this being a preliminary plat situation. He further commented on the City having a PUD Agreement with the landowner, which has parameters to meet in order to develop this property. He then went over the parameters in this case. He stated Mike Evans and Forte MacAulay wanting to be good neighbors. He spoke of flooding issues in Mission Oaks. He went over what some of the problems were and what can be addressed as part of this project. He spoke of what Mr. Evans has agreed to do. Attorney Storch commented on concerns expressed regarding the size of the lots. He spoke of increasing the lot sizes to fifty-five feet. He spoke of decreasing the impervious area by about ten percent. He commented on the designing of new projects compared to when Mission Oaks was built that did not meet the current standards. He spoke of working with staff to reduce the impervious areas even more. He again spoke of trying to do what they can to be a good neighbor. City Manager Hooper commented on a fairly new product called pervious concrete that has voids in it that will let water go directly through. The developer has indicated they will look where it is feasible. He commented on this being a difficult product to work with. He spoke of other types of pervious substance that could be put in its place. He feels this will keep more water on site and will help recharge the aquifer. Glenn Storch commented on the pervious surface being very rough. He agreed to work with staff to make sure they do everything they can to use that product or other products like it where they can. Page 6 of27 Council Regular Meeting December 19,2005 ..,. ~ Councilwoman Rhodes asked above driveways. stated those areas might be appropriate and looking at that. Attorney Storch they will be Councilwoman Lichter commented on Mission Oaks problems and this being a difficult situation. of the developer coming in and helping them in with their flooding problems. She wasn't sure legalities of the developer going in and doing their property works. having many She spoke some manner how the something in Attorney Storch stated if they don't want us to do that we won't do that. His general inclination is to first of all solve the problem. If there is a problem they can help solve they will do that. He expressed concern with any litigation potential because it has been so long. This was probably a poorly engineered project years and years ago. He doesn't know where this is going to go. If they can help solve that problem and at the same time make sure they are doing something good for the City and the landowner that is what he is trying to do. Councilwoman Lichter asked about the involvement of the County. She questioned them having to approve certain things and working with the County on this too. City Manager Hooper commented on a use permit that will talk about some connection out to the Old Mission drainage easement. Councilman Vincenzi feels it is very nice that the developer is offering to improve the drainage conditions there but he is bothered because they keep saying it is not their problem. He feels it is their problem when they are going to be tapping into that canal. You may not have caused the problem Mission Oaks has now but by virtue of the fact that you want to tap into a drainage system that doesn't work it is your problem. He feels it is very good that they are offering to improve it. Attorney Storch commented on not having problems that stop at property lines. For the most part, all of their water will be held onsite and maintained so they are dealing with that. Page 7 of27 Council Regular Meeting December 19, 2005 ~ ..." Councilman Vincenzi stated except what overflows. Attorney Storch informed him that is correct but only the extent it overflows right now. More importantly, these are neighbors. It's going to be a lot better for our development if their friendly with their neighbors as well. Councilman Vincenzi feels it will help improve the conditions they have now but he doesn't think it will solve them. He appreciated the fact that they are going with fifty-five foot lots but he still doesn't like fifty or fifty-five foot lots. Councilwoman Rogers expressed concern with the developer going in and fixing the problem and questioned who will be responsible for the maintenance. Attorney Storch informed her the ditch itself they are clearing out and maintaining, they will be responsible for maintaining. They have agreed to, if they donate an easement to them for doing that, he will put that in his covenants and restrictions for the homeowners to then maintain that. Councilwoman Rogers then expressed concern with three feet of fill dirt being brought in. She feels by this being done there will be more problems for Mission Oaks. Attorney Storch explained it won't be a problem for Mission Oaks because of the fact it will be engineered to deal with that. He spoke of increasing the amount of stormwater storage for this area as well. Councilwoman Rogers feels because of the soil type the fifty-five foot lots still seem to be too small. She spoke of the slab covering up a majority of the lots. She feels there will be some water issues between these pieces of property. Attorney Storch stated by increasing to fifty- five and maintaining their setbacks at seven and a half, actual impervious coverage will be less than forty-six percent. Mayor Thomas stated he has done a bunch of research and asked a bunch of questions on this. He met with City Manager Hooper and the developers last Friday. He feels the problem is Florida Shores is full and people are moving here every day and we have to have some place for them to move to. He spoke of walking the area and it being low. He spoke of Florida Shores having the same elevation and all of Florida Shores being fill. Page 8 of27 Council Regular Meeting December 19,2005 ..., ...." Mayor Thomas asked how many acres are being left for wetlands. Attorney Storch informed him twenty-seven acres would be totally preserved. Mayor Thomas stated and the way the lakes are done and the drainage, to him they are doing it in the best way fashion. He asked if they could increase the size of the lots, which they did and he is sure five foot doesn't seem like a lot. He asked how many lots they will lose by doing that. He was informed twenty lots. They talked about other ways of the drainage. He expressed concern with the drainage that is going into the earth. The only major concern he has is the drainage eventually going into the Turnbull Hammock and what will they do when they can't dump into the Turnbull Hammock. That would be a future goal to set aside that land to have that where they can dump into that in the future. Attorney Storch stated regarding the pervious concrete, St. Johns would consider them impervious therefore they would still design the stormwater to deal with those issues. Attorney Storch again they are trying to bring this up. The area they are talking about was originally forty-foot lots and that area had been cleared before. Councilman Vincenzi asked if they are going to be putting in mobile homes. Attorney Storch informed him they are not. Councilman Vincenzi questioned why he keeps comparing forty-foot lots to what is going in there now. Attorney Storch stated he is just trying to bring up the history. He thought this property was supposed to be part of Mission Oaks at one point because it was cleared at one point. It is a disturbed site. They have tried to learn from mistakes and do it right. Florida Shores did not have any wetlands areas that were preserved and didn't have any stormwater provided for it. Attorney Storch commented on a stormwater utility that is just going into place with regard to the Turnbull Hammock but they need to start looking as a whole, developing stormwater for entire areas, not just individual developments. Councilwoman Rogers asked about the percentage of impervious concrete that will be used in this project. Page 9 of27 Council Regular Meeting December 19, 2005 ~ ..." Attorney Storch informed her they would be working with City Manager Hooper on areas they can put it in. They are going to reduce the amount of actual impervious concrete as much as possible. Councilwoman Rogers commented on this new product still having to be maintained because if the voids are blocked at some point it will have to be maintained so the water can still filter back down. By approving this tonight how can they dictate this new product in various locations? It sounds good but they may only use five percent of it and that isn't doing much for her. City Manager Hooper informed her it would be coming back. Councilwoman Lichter asked if you really need concrete driveways. Attorney Storch informed her yes. These are part of the Land Development Code requirements. Mayor Thomas opened the public hearing. The following citizen spoke: Mike Schmitt, 2063 Porto Blvd, informed Attorney Storch he didn't know where he was getting his information from as far as Mission Oaks goes but the minimum lot size is sixty by a hundred. This was on the original prospective from 1982. He further commented on water runoff increasing dramatically when roads, streets, driveways, and buildings are put in. Councilwoman Rhodes stated St. John's wouldn't permit them if that occurs. Mr. Schmitt stated St. Johns permitted Mission Oaks. It's so old they can't even find it. Councilwoman Rhodes stated things have changed since then. Mr. Schmitt stated as the land stands right now you have a certain amount of runoff. Councilwoman Rhodes stated and they have to engineer and build drainage to accommodate that extra runoff. Mr. Schmitt then commented on raising the property three feet. Councilwoman Rhodes stated and they have to accommodate that as well. Mr. Schmitt stated it's not their fault, we're in a fish bowl and we have to go back to the developer, which has had this mess since 1982, which the County has never allowed him to permit the building there. The soil composition is wrong. The water tables are too high. The streets are too low. They took Page 10 of27 Council Regular Meeting December 19, 2005 'Wr ....., this over four months ago. He expressed his appreciation for what they are trying to do. This developer still has fifty lots in there. They own part of something. They have never seen paperwork giving them title to anything. All he has is an appraiser's report saying they took this over in 1999. He spoke of needing to get permission from then and needing to find the developer because he still has a majority of the lots. They have got a mess on their hands. Mission Road is higher than that whole site. I don't care how much you clean the ditches out. You cannot get water to run uphill. It finds its lowest level, which unfortunately for them is that retention pond. Councilwoman Lichter asked Mr. Schmitt what his goal is. She asked if he didn't want them to build at all. Mr. Schmitt stated they are below the twenty-five year flood plat. Their retention pond is below the flood levels. Mission Road is the highest point out there. In order to get water out on Mission Road, they're going to have several feet of water at the far end of this property. Water will find the lowest level and work up to it's high level. He commented on the crushed pipe at the bottom of the Mission Road canal. He spoke of putting the pipe on top. He spoke of water building up behind them and the fact that they will be under water before it even starts to drain. They have got major problems out there and there is no fix to it. Councilwoman Rhodes stated unfortunately the City can't solve their flooding problems but what they can do is not make them worse and they can ensure the developer won't make them worse. Mayor Thomas closed the public hearing. Counci~woman Lichter moved to approve the pre~iminary p~at for a sing~e-fami~y residentia~ subdivision to be known as Oak ~eaf Preserve, second by Counci~woman Rhodes. City Manager Hooper added that all commitments made to the City Clerk rely on the public record be included as part of the motion. Councilwoman Lichter stated she made that assumption when they stood up and said it. Mayor Thomas stated about the fifty-five foot lots. Councilwoman Lichter stated and how much concrete they will Page 11 of27 Council Regular Meeting December 19,2005 "-" ...., use and what degree she doesn't tonight but they will look into agreement. think can be ascertained it as part of the City Manager Hoper informed Council they would see all of that with the final plat. Councilwoman Lichter stated the preliminary plat will move this along so that the soil can be tested and the engineers can look at it and all the things can happen if we move it along. Mayor Thomas stated so your motion was made with the addition of the fifty-five foot and to use the impervious concrete when possible. Councilwoman Lichter stated yes definitely and to do the repair work to the property next door, which is in the County, called New Smyrna, to help alleviate some of their existing conditions. The MOTION CARRIED 4-1. Counci~woman Roqers voted NO. B. 2nd Reading, Ord. No. 2005-0-49, Glen Storch, agent for Worthington Creek Investment, Inc., requesting an amendment to the Official Zoning Map to include 155.64~ acres of land located west of US1 and northwest of William Street as RPUD (Residential Planned Unit Development) and approval of associated RPUD Agreement (Item 6C on 12/5/05 cont. to 1/9/06, to be cont. to 1/23/06) C. 2nd Reading, Ord. No. 2005-0-50, Glenn Storch, agent for John and Patricia Hickey, requesting an amendment to the Official Zoning Map to include 29.20+ acres of land located west of US1 and north of Clinton Cemetery Road as RPUD (Residential Planned Unit Development) and approval of associated RPUD Agreement (Item 60 on 12/5/05 cont. to 1/9/06, to be cont to 1/23/06) City Manager Hooper commented on Items B & C being scheduled for January 9th. They still haven't heard back from the State. Councilman Vincenzi brought up last time he will not be in town so it will be continued until January 23rd. He asked for a motion to continue these items until January 23rd. Page 12 of27 Council Regular Meeting December 19,2005 ..., ...., Councilwoman Rhodes moved to continue Items 6B and 6C until the January 23, 2006 meeting, second by Councilman Vincenzi. The MOTION CARRIED 5-0. There was a ten-minute recess at this time. The meeting recessed at 8:05 p.m. and reconvened at 8:15 p.m. D. 2nd Reading, Ord. No. 2005-0-51, Trajan Joe Sfera requesting an amendment to the Official Zoning Map to include 12.01= acres of land west of US1 and south of Relocation Road and 4100 S. US1 as B-3 (Highway Commercial) (Item 6E on 12/5/05 cont. to 1/9/06, to be cont. to 2/13/06) E. 1st Reading, Ord. No. 2005-0-56, Paul and Tomoko Newsom and Robert Jalbert, Jr. requesting an amendment to the Official Zoning Map to include 12= acres of property located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural Transitional) (Item 6F cont. to 1/9/06 to be cont. to 2/13/06) City Manager Hooper informed Council Items D & E will be continued until February 13th to spread it out so they have four or five as the max number of land use decisions. Councilwoman Rhodes moved to continue items 6D & 6E until the February 13, 2006 meeting, second by Councilwoman Lichter. The MOTION CARRIED 5-0. F. 2nd Reading, Ord. No. 2005-0-55, John Massey requesting an amendment to the Official Zoning Map to include 8.12= acres of land located west of Massey Ranch Boulevard and east of the Massey Ranch Airpark runway as RPUD (Residential Planned Unit Development) and approval of associated RPUD Agreement Paralegal Matusick read Ord. 2005-0-55 into the record. City Manager Hooper made a staff presentation. Page 13 of27 Council Regular Meeting December 19,2005 ... ..., Due to there being no comments, Mayor Thomas opened and closed the public hearing. John Massey stated he would be more than happy to answer any questions. Mayor Thomas feels this is a well thought about development. Councibnan Vincenzi moved to approve Ord. 2005-0-55, John Massey requesting an amendment to the Officia~ Zoning Map to inc~ude 8.12+ acres of ~and ~ocated west of Massey Ranch Bou~evard and east of the Massey Ranch Airpark runway as RPUD (Residentia~ P~anned Unit Deve~opment) and approva~ of associated RPUD Agreement, second by Counci~woman Lichter. The MOTION CARRIED 5-0. G. 1st Reading, Ord. No. 2005-0-57, Robert E. Jalbert, Sr., previous owner who transferred the property to Douglas Klein, requesting an amendment to the Official Zoning Map to include 1.15+ acres of property located at 3207 Eels Grove Road as RT (Rural Transitional) Paralegal Matusick read Ord. 2005-0-57 into the record. City Manager Hooper made a staff presentation. Development Services Director Lear commented on there being no plans for this but this does have an existing single- family residence on it. He further commented on when the urban growth boundaries were around before they were voted on, he requested to annex into the City along with the twelve acres City Manager Hooper mentioned because the proposed urban growth boundary did not include his property. Due to there being no comments, Mayor Thomas opened and closed the public hearing. Councilwoman Rhodes stated if he sold this land to someone who wanted to build, she assumed they could have three or four. City Manager Hoper stated it is one unit to the acre. If he sold it to someone else, they could have to go through a Comp Plan, Small Scale and a zoning. It just Page 14 of27 Council Regular Meeting December 19, 2005 ,. ..., gets combined with the lots then it would be a Large Scale with the twelve acres adjacent to it. The zoning runs with the land. He is just looking at coming into the City. That area has an unknown development pattern right now. Counci~woman Lichter moved to approve Ord. 2005-0-57, Robert E. Ja~bert, Sr., previous owner who transferred the property to Doug~as Klein, requesting an amendment to the Officia~ Zoning Map to inc~ude 1.15+ acres of property ~ocated at 3207 Ee~s Grove Road as RT (Rura~ Transitiona~), second by Counci~n Vincenzi. The MOTION CARRIED 5-0. H. 2nd Reading, Ord. No. 2005-0-53, amending Section 1-9 (Additional Court Cost for Law Enforcement Education) of Chapter 1 (General Provisions) of the Code of Ordinances Paralegal Matusick read Ord. 2005-0-53 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing. Counci~woman Rhodes moved to approve Ord. 2005-0-53, amending Section 1-9 (Additiona~ Court Cost for Law Enforcement Education) of Chapter 1 (Genera~ Provisions) of the Code of Ordinances, second by Counci~n Vincenzi. The MOTION CARRIED 5-0. I. 2nd Reading, Ord. No. 2005-0-54, amending Section 5-70 (Enforcement) of Chapter 5 (Animals & Fowl - Animal Control) of the Code of Ordinances Paralegal Matusick read Ord. 2005-0-54 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing. Counci~woman Lichter moved to approve Ord. 2005-0-54, amending Section 5-70 (Enforcement) of Chapter 5 (Animals & Page 15 of27 Council Regular Meeting December 19,2005 '-" ...." Fow~ - Anima~ Contro~) or the Code or Ordinances, second by Counci~woman Rhodes. The MOTION CARRIED 5-0. J. Res. No. 2005-R-17, adopting the Comprehensive Emergency Management Plan (CEMP) Paralegal Matusick read Res. 2005-R-17 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter asked if people need to be trained does the County provide that free or do we pay for that kind of training. City Manager Hooper informed her it is usually a mixture. There are some State dollars and some Federal dollars depending on what area that you're training. Councilwoman Rhodes questioned the Food and Water section on the Table on Page 5 specifying it falls under the Finance Department as a Lead Department. City Manager Hooper confirmed it falls under a Support Department and Leisure Services specified Support Department and it actually falls under Lead Department. This has been corrected on the Ordinance side. Councilman Vincenzi asked if this is the final version. Fire Chief Barlow informed him that was correct. Councilman Vincenzi asked if changes could be made to it if you thought of something new and extraordinary. Fire Chief Barlow stated it is a live working document and they continue to change it. They hope to modify it on a two- year basis taking input from everybody starting with the Council all the way down to the Department Directors. City Manager Hooper asked if other cities have adopted it at this point. Fire Chief Barlow informed him we are one of the few. The only other city he knows of that has a plan completed and adopted is the City of Port Orange. Councilman Vincenzi commented on New Orleans and people showing up for work after disasters because they had to take care of their families. He asked if there were any plans for that like emergency workers like firemen and police. Fire Chief Barlow stated that is the next stage he Page 16 of27 Council Regular Meeting December 19,2005 ...,. ..., wants to get into with the Department Directors to identify different levels of employees. They will probably have three levels of employees. Depending on what type of emergency it is which ones are required to stay and which ones are allowed to evacuate. City Manager Hooper commented on the three hurricanes of last year. Councilman Vincenzi commented on New Orleans and a lot of emergency workers such as police that didn't show up for work because they were worried about their families and they had to evacuate too. Councilwoman Lichter and Councilwoman Rhodes commented on New Orleans having a total communication breakdown. Councilwoman Rhodes also mentioned not being able to physically get back because of the flooding. Councilman Vincenzi doesn't want to worry about necessary emergency personnel not showing up for work. Mayor Thomas asked what progress they have made. He has read the condensed version of the report and it looks very good but we've got to have some place to house these people to get them back in. He feels we have an excellent piece of property to do that. He asked City manager Hooper if he has made any contact. City Manager Hooper commented on what has occurred with regard to grant programs. Mayor Thomas opened the public hearing. The following citizen spoke: Pat Card, 3019 Willow Oak Drive, stated lots of times you hear people say I don't want to annex any more land at all to this City but tonight by Council's actions they did a first class job of influencing that developer. Your chances of influencing that trailer park, which is what it would have been in the County, would have been very low. The next time you have an annexation you are thinking about remember it is easier for the public to get and talk to the Council and show them the problems and the developer is more likely willing to work with Council as a result of that in this community because they want to stay here and they want to be good neighbors. There are two areas we need to think about getting into and Mayor Thomas knows Page 17 of27 Council Regular Meeting December 19, 2005 -- ..., both of them and he mentioned one of them tonight an the other one is west of 1-95 and as much as the Spruce Creek Swamp as we can preserve out there we want to. Mayor Thomas closed the public hearing. Counci~woman Rhodes moved to approve Res. 2005-R-17, adopting the Comprehensive Emergency Management P~an (CEMP), second by Counci~woman Rogers. The MOTION CARRIED 5-0. 7. BOARD APPOINTMENTS There were no Board Appointments at this time. 8. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 9. OTHER BUSINESS A. Continuing Contracting Services - staff recommending authorizing City Manager to enter into negotiations with HGR Construction, Inc., Antinori Group, Inc. and Hall Construction Co. Inc. to perform continuing contracting services and authorize City Manager to execute the agreements City Manager Hooper made a staff presentation. He commented on where the businesses are located and what work they have done for the City and other cities. HGR carne highly recommended. Councilman Vincenzi asked how they would be selected when a project comes along. City Manager Hooper explained. Councilwoman Lichter moved to approve City Manager Hooper enter into negotiations with HGR Construction, Inc., Antinori Group, Inc. and Hall Construction Co. Inc. to perform continuing contracting services and authorizing City Manager Hooper to execute the agreements, second by Councilwoman Rhodes. Page 18 of27 Council Regular Meeting December 19,2005 ....,. ......, The MOTION CARRIED 5-0. B. Architectural and Engineering Services - staff recommending approval to authorize OJ Design, Inc. to provide "Services" for a joint Public Safety Complex to be located at 3930 US1 City Manager Hooper made a staff presentation. There was a brief discussion regarding what the grants will cover. Mayor Thomas questioned it costing $200,000 just for the design. City Manager Hooper stated it turns out to be about 6 to 7% of the construction value when they were looking at the cost of the three facilities. Anything less than a ten percent number is pretty much standard. He feels they are getting a good price. He spoke of this being negotiated by Fire Chief Barlow from $240,000 down to $199,000. Councilman Vincenzi asked if the $199,975 would be coming out of impact fees. City Manager Hooper informed him that was correct. Councilman Vincenzi asked which ones. City Manager Hooper informed him Police, Fire & the Animal Shelter. Councilman Vicnenzi asked City Manager Hooper if he had a breakdown of what each one will cost. City Manager Hooper informed him it's $34,950 for the Animal Shelter and Public Safety is $165,000. He didn't have a breakdown of Police and Fire because it will be one building. Councilwoman Rogers asked what the time frame was for the design and when it will be complete. City Manager Hoper informed her it is about a six-month period for the public safety. They are going to get going on the Animal Shelter first. City Manager Hooper commented on closing on the property. Councilwoman Rogers stated and then between the time the design is going to be complete and the time we start permitting what is the time difference going to be. She expressed concern that there would be a design complete and there would be a period of time before the actual permit is Page 19 of27 Council Regular Meeting December 19, 2005 ,.. """" pulled and we might back and adjust the City Manager Hooper incur additional cost for them to go design because of changes or what not. elaborated on her concerns. Councilwoman Rhodes asked if we have any architectural engineering services in Edgewater. She would prefer to give our business to local people. City Manager Hooper stated he can think of two but he didn't think they did public safety facilities. City Manager Hooper commented on trying hard to find local opportunities. Councilwoman Rhodes moved to approve authorizing DJ Design, Inc. to provide "Services" for a joint Public Safety Complex to be located at 3930 US1, second by Councilwoman Lichter. The MOTION CARRIED 5-0. C. Equipment Purchase - staff recommending declaring Pedal Valves, Inc. a sole source supplier and authorize purchase of water meters and related equipment for a cost of $26,775.18 City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing. Councilwoman Lichter moved to approve declaring Pedal Valves, Inc. a sole source supplier and authorize purchase of water meters and related equipment for a cost of $26,775.18, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. D. Alan R. Thomas Water Treatment Plant - staff recommending issuing Notice to Award to McMahan Construction in the amount of $998,000 for lime sludge handling and disinfection improvements and authorize the Mayor/City Manager to execute the contract City Manager Hooper made a staff presentation. Mayor Thomas asked if this is yearly or just for this amount and how many times this has to be done. Director of Page 20 of 27 Council Regular Meeting December 19,2005 '-' ....., Environmental Services Terry Wadsworth explained as far as the permanent improvements, it's just a one-time thing for all three of the components. He further commented on each of the three components being the lime sludge handling, converting the disinfection process from pressurized gas chlorination to liquid Sodium Hyopochlorite disinfection and replacing the doors at the Water Plant to meet current hurricane standards and to provide necessary safety access hardware on the doors. He further commented on using McMahan Construction in the past. Mayor Thomas asked if this is the first time we've had to do this at the Water Plant. Mr. Wadsworth informed him yes. City Manager Hooper asked if Quentin Hampton did the design on all three of these. Mr. Wadsworth stated it is all one design, and it's one project, and they did the whole thing. Councilman Vincenzi moved to approve issuing the Notice to Award to McMahan Construction in the amount of $998,000 for ~ime s~udge han~ing and disinfection ~rovements and authorize the Mayor/City Manager to execute the contract, second by Counci~woman Lichter. The MOTION CARRIED 5-0. 10. OFFICER REPORTS A. City Clerk Wadsworth wished everyone a Happy Holiday. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper went over the Tentative Agenda Items listing and highlighted certain items that will be discussed at each of the meetings. He also commented on the applications received by the Planning Department with regard to unscheduled upcoming hearings. Councilwoman Lichter commented on having a workshop over the Snowden Property. She asked if the County is still involved. City Manager Hooper informed her they would Page 21 of27 Council Regular Meeting December 19,2005 "-" ..""" review the DRI. come later. There is a point and a place. They just City Manager Hooper continued to go over the Tentative Agenda Items listing. He made mention of the rezoning of 110 acres on property located on Old Mission Road, which is north of Oak Leaf Preserve. Mayor Thomas asked how much has been done on that one. City Manager Hooper informed him it has been through the land use. It has no City zoning granted. It has not reached the same stage as where Council was tonight. They will have much more flexibility on that. He has serious doubts that this is a doable project with the drainage. City Manager Hooper again continued to go over the Tentative Agenda Items listing by commenting on the January 17th work session. Councilman Vincenzi questioned Clay Henderson's presentation on Smart Growth. City Manager Hooper informed him it is different then the presentation by Glenn Storch at the Community College. He explained he has more of an environmental approach. Councilwoman Lichter hoped that the Planning and Zoning Board would be encouraged to come. Pat Card was the only member to attend the first workshop. Mayor Thomas questioned the Tentative Agenda Items listing being tentative and subject to change. City Manager Hooper presented reasons why it would change. Councilman Vincenzi feels they really need to talk about how they are going to change the Land Development Code. City Manager Hooper commented on the Work Session they will hold on January 28th to discuss these changes. He suggested items he would consider changing. He spoke of gross density and net density and height standards except in PUD Agreements. Councilwoman Lichter asked how long the other type of changes take, the different stages they have to go through. City Manager Hooper elaborated on gross density and net density. Page 22 of27 Council Regular Meeting December 19,2005 'W' ....,. Councilwoman Lichter asked if they have to bodies than the City. City Manager Hooper to DCA and they review it. go to other stated they go Councilman Vincenzi asked about drainage issues. City Manager Hooper informed him the drainage issues are the City's. They are in the Land Development Code and the Council has sole control of that. Councilwoman Rhodes asked how that affects somebody that is already in the works. City Manager Hooper explained if somebody has already been granted or vested with a zoning category, they're there, RPUD. Councilman Vincenzi informed Council he would not be available from January 4th through January 12th. With the exception of those dates he can make arrangements to meet anytime to have a special meeting or whatever. He feels these changes are something they need to get moving on right away. He feels once the developers get wind of this, they're going to start banging on the door wanting to submit plans and they're going to want to sneak in under the radar before the changes. He feels this is something they really need to put the extra time into. City Manager Hooper commented on holding a work session on a Saturday. He commented on this being a lengthy work session. Councilwoman Lichter doesn't mind the frequency if it isn't so many hours. City Manager Hooper commented on them having lunch. Councilwoman Lichter suggested holding it one morning. City Manager Hooper further commented on discussing architectural standards and lot sizes. Councilwoman Lichter commented on every situation being different and she feels they should start looking at what we already have. City Manager Hooper commented on the lot sizes on Riverside Drive and in Florida Shores. He spoke of Council having control over the lot sizes. Councilwoman Lichter commented on how she felt clustering would work in terms of agriculture and having horses. She feels there are different circumstances for different things. Page 23 of 27 Council Regular Meeting December 19,2005 ...." ..",., Councilwoman Rhodes stated that is why we have the RPUD. She commented on the Councilmembers having a difference of opinion regarding lot sizes. Councilwoman Rogers spoke of having a larger minimum for wetland property. Councilwoman Lichter commented on still trying to digest Smart Growth and what it means. City Manager Hooper informed Council if that's what they want to do they can hold that work session. He then commented on having stronger drainage requirements. Councilwoman Lichter feels heighth and drainage are very important. After some discussion amongst the Council, they decided on January 28th to hold this work session. City Manager Hooper asked if there was anybody else they wanted there. It was the consensus of Council to get a list of ideas together first. Councilman Vincenzi mentioned limiting what comes before them and having a chance to discuss the changes. Mayor Thomas stated he was all for that. Councilman Vincenzi again expressed concern with rushing items through. Mayor Thomas stated they have the right to postpone it. Councilman Vincenzi would like to see a consensus on this. Councilwoman Rhodes commented on the money people have into these projects and it not being fair to tie them up with their money. She suggested making them aware of what is going on. Councilman Vincenzi stated as far as he is concerned anything new that comes forward he is going to vote no or to continue it. Once these developments get approved, there is no turning back many times and it affects the people in the community for many years to come. Councilman Vincenzi commented on the sixteen-story condos and feels they may not want to put sixteen-stories like Page 24 of27 Council Regular Meeting December 19, 2005 ....,. ...., they want but they are going to put something there. Councilwoman Rhodes informed him our zoning allowed them to do it. Councilman Vincenzi stated this City Council voted on this zoning and it's here now and we're stuck with it and he doesn't want that to happen again. Councilman Vincenzi stated he wants to stop developments from coming through and getting to that point where the Council doesn't really have much of a say. Councilwoman Rhodes stated we have a say from the very first day. This Council is the only one that has a say. Councilman Vincenzi stated this Council fails to stop people from doing things. Councilwoman Rhodes stated up until now nobody stopped it. Councilwoman Lichter stated or you. Councilwoman Rhodes stated or you either. Councilman Vincenzi stated he has tried to stop a number of them. Councilwoman Rhodes stated the five votes on this Council is what makes that decision. If there are enough votes to stop it, then it will stop. Councilwoman Rogers commented on City Manager Hooper indicating to her that they could do a moratorium specifically on residential and they could put a time frame on it so they don't have to be concerned with something coming to the Council and a couple of the Councilmembers saying no and the rest saying yes and something getting approved that they don't want to get approved. So couldn't they do that and if they do it in that way then she would not think that they are open for the potential of lawsuits when they are saying that they are doing this and they give some specific reasons. City Manager Hooper further commented on having to put on the record a reason why. I don't want growth is not a reason that would work. About water capacity, sewer capacity, drainage problems, those are legal statements that would substantially hold up in court. I want to change the way we do business from now on would not. Councilwoman Rogers stated so the land use change isn't legal. City Manager Hooper stated it's not by itself. You could say I'm going to put a six-month moratorium. I'm going to redo my Land Development Codes and I'm going to look at certain things in the Land Development Codes and Page 25 of 27 Council Regular Meeting December 19,2005 ~ ...., we're close. Councilwoman Rogers stated and we're going to go over the drainage issue. City Manager Hooper stated he couldn't tell them they wouldn't get sued and that they would not prevail. He stated for those that have not been vested in some format, the Council still holds all the cards. When they tell him what they want to change in the codes then he could tell them they could do a moratorium. Today if you said draft me an ordinance declaring an emergency moratorium I have to say why. We're not there yet. Councilwoman Lichter feels you have to balance it by what a developer also might do or what you might end up next to you if they decide to stay in the County and put in what they please. She feels they can slow it down but they don't need to stop all development. City such work that. Manager Hooper commented on exposure on properties as Forte Macaulay. He commented on them wanting to with the City. He spoke of having some control over The others they have all the control over. Councilwoman Rhodes feels they need to be accountable for that as a Council. If something goes through that passes three votes to two, well you know what, that's the way it works. If it doesn't, it doesn't. The buck stops here. We need to know individually as well as a group. They need to decide where the line is until these new rules are in place. If it's a new development coming through and you don't want it to happen, then you vote no. Councilwoman Rhodes informed Councilman Vincenzi she wasn't disagreeing with him. What she was disagreeing with was the method by which it occurs. 11. CITIZEN COMMENTS/CORRESPONDENCE The following citizen spoke: Ben De~Nigro, 3130 Tamarind Drive, commented on the little girl that was hit by the truck on Indian River Boulevard. He understands the Police Department doesn't have the manpower or the time to go chase these kids on their bicycles with no helmets. He volunteered to do that job two or three days a week if the Police Department can't do it because tonight he had three kids run out in front of Page 26 of 27 Council Regular Meeting December 19,2005 ....... ..., his car and he couldn't see them until he was on top of them. 11 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:30 p.m. Minutes submitted by: Lisa Bloomer Page 27 of 27 Council Regular Meeting December 19,2005