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08-16-2010 - Regular a.b CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 16, 2010 6:00 P.M. COUNCIL CHAMBERS MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 6:09 p.m. in the Council Chambers. ROLL CALL Mayor Michael Thomas Councilwoman Debra Rogers Councilwoman 8igi Bennington Councilwoman Harriet Rhodes Councilman Ted Cooper City Manager Tracey Barlow City Clerk Bonnie Wenzel City Attorney Carolyn Ansay Present Absent 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 June 21, 2010 City clerk Wenzel stated she received a phone call from Councilwoman Rogers this afternoon. On Page 5, the last paragraph, halfway down the paragraph it states "Councilwoman Rogers stated she didn't read it" speaking of the CAFR. When she called her today she stated that she was actually stating to Councilwoman Bennington that she did not read it and she felt it read that Councilwoman Rogers did not read the CAFR. Councilwoman Bennington stated she didn't think it sounded that way. She felt it sounded like she was talking to her. Councilwoman Bennington moved to approve the June 21, 2010 minutes, second by Councilwoman Rhodes. 1 Council Regular Meeting August 16, 2010 The MOTION CARRIED 4 - 0 . B. Executive Session of July 12, 2010 Councilwoman Rhodes moved to approve the July 12, 2010 Executive Session minutes, second by CounciLman Cooper. The MOTION CARRIED 4 - 0 . C. Special Meeting of July 12, 2010 Councilwoman Bennington moved to approve the July 12, 2010 Specia~ Meeting minutes, second by Counci~woman Rhodes. The MOTION CARRIED 4 - 0 . D. Regular Meeting of July 19, 2010 Councilman Cooper moved to approve the July 19, 2010 minutes, second by Counci~woman Rhodes. The MOTION CARRIED 4 - 0 . Mayor Thomas wanted to extend his appreciation to Lisa Bloomer and City Clerk Wenzel for catching up on the minutes. Councilwoman Bennington stated Lisa told her she wanted to make sure all of the minutes were up to date before she retired so they can't let that happen. City Clerk Wenzel agreed. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Mayor Thomas to proclaim September 8, 2010 as Matthew Morris Day Mayor Thomas read a proclamation declaring September 8th as Matthew Morris Day. Mayor Thomas commented on Boy Scouting being very important and they say obtaining the rank of Eagle Scout is almost like obtaining two years of a college education. 4. CITIZEN COMMENTS 2 council Regular Meeting August 16, 2010 Lois Troxell, 322 Admiralty Court, stated she got a letter that there was going to be a public hearing at 6:00 p.m. on changing the Comprehensive Plan on u.s. #1, Ordinance 2010-0-14. She did not see it on the agenda. Ms. Troxell stated this is a comprehensive land use plan and so here they are bringing a request for a change to a plan and this is what people are opposed to. If there is a comprehensive land use plan then it would be nice if they would stick to that plan instead of always bringing changes. That is why people want an actual vote on these changes. She thinks this is a perfect example of how they should be able to understand why they are unhappy with the status quo. City Manager Barlow informed her she would receive another notice when it was placed on the agenda again and that it had been continued. Mayor Thomas asked City Manager Barlow if he wanted to address her complaint about amending the Comprehensive Plan and explain why they do amendments. City Manager Barlow stated he thought she was referencing her support for Amendment 4. He explained a Comprehensive plan is a roadmap into the future as it relates to land uses. As time changes and communities change there is a need for amendments to the comp plan. They are required to do a Comprehensive Plan Amendment on a regular basis by DCA. Mayor Thomas stated sometimes when they make the plan, they want to stick with the plan but sometimes there is a need to make an amendment. Councilwoman Rhodes felt when something like this is tabled they should receive another notice letting them know it was tabled so they don't come to the meeting. City Manager Barlow informed her they could look at that and referred to the costs associated with doing that. They try to do a general notice of circulation in the newspaper. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no Changes/Modifications to the agenda. 6. CITY COUNCIL REPORTS 3 Council Regular Meeting August 16, 2010 Councilwoman Rhodes had nothing at this time. Councilman Cooper reported on the YMCA meeting. He commented on the two new beach cruiser bicycles they received that they are raffling off. Every quarter they are going to give away two bicycles. Councilwoman Bennington commented on CAPS being in training for the JamFest event in October to help direct the traffic. 7. CONSENT AGENDA A. Addendum #1 to the Professional Services Agreements with Quentin L. Hampton Associates, Inc., B&H Consultants, Inc., CPH Engineers, Inc., and Tindale-Oliver & Associates, Inc. and authorize the. City Manager to execute the documents City Manager Barlow made a staff presentation. Councilwoman Bennington moved to approve the Consent Agenda, second by Councilwoman Rhodes. The MOTION CARRIED 4 - 0 . 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 1st Reading, Ordinance No. 2010-0-13; Amending the Land Development Code by enacting Article X (Boat Slip Allocations) (This item was continued from the July 19, 2010 Meeting) City Attorney Ansay read Ordinance 2010-0-13 into the record. City Manager Barlow made a staff presentation. The City has been allocated 798 slips. After subtracting the existing slips and slips already allocated to the existing residential waterfront parcels, it leaves the City with about 418 excess slips. Councilman Cooper asked about the reference to a motorized boat. He commented on not having to allocate a slip or pay an annual fee for a row boat. City Manager Barlow informed him that was correct. Councilman Cooper then asked about a jet ski being a motorized boat. City Manager Barlow informed him that was correct. 4 Council Regular Meeting August 16, 2010 Councilman Cooper asked if someone was to build a house on Riverside Drive whose obligation it would be to apply for the slip, the builder or the homeowner. City Manager Barlow informed him it could be either. They could build the house and do the slip later. The slips are already allocated for the parcels on Riverside Drive, even if there is no house on the property. Mayor Thomas asked what it would cost. City Manager Barlow informed him it would be identified in the fees, which will be brought back to Council in the fee resolution. He further commented on having two costs whether it is residential, multi- family or commercial. Reservation and extension per slip would be $100 per year. It is $250 to have the slip allocated with a $25 renewal every year for residential. For multi-family and commercial it was still $100 to reserve it and $1,000 to buy it out of the excess pool and then multi-family residential there would be a $100 use fee every year and for commercial there would be a $250 use fee every year. They would be able to discuss that during the discussion regarding the fee resolution. Councilman Cooper questioned if these could be sold. City Manager Barlow informed him they couldn't be transferred. If they don't renew the reservation fee it would go back in the excess pool. Due to there being no questions or comments, Mayor Thomas entertained a motion. Councilwoman Rhodes moved to approve Ordinance 2010-0-13, second by Councilman Cooper. The MOTION CARRIED 4 - 0 . B. 1st Reading, Ordinance No. 2010-0-18; Amending Article III, Section 21-37 (Special Activity/Permit Requirements) (This item was continued from the July 19, 2010 Meeting) City Attorney Ansay read Ordinance 2010-0-18 into the record. City Manager Barlow made a staff presentation. He then commented on the suggested amendments included by the Planning & Zoning Board. 5 Council Regular Meeting August 16, 2010 Councilwoman Bennington asked if this would apply to Earthquake Magoon's so they wouldn't have to come in every year since they have never had any problems with them. City Manager Barlow informed her smaller events would be approved by staff and large events would come before Council. Council would be giving the authority to staff who would make those determinations and those provisions. Councilwoman Rhodes asked if that created any legal liability for the City. She asked if staff had grounds to turn them down. City Attorney Ansay explained the ordinance didn't really change the fundamental nature with which the special activity permit applications are reviewed. Staff still goes through the same approvals. Councilwoman Rhodes questioned how they could do it for one and not for another. City Attorney Ansay commented on all applications being different. The impacts vary greatly when they have an event right here in town verses one away from neighborhoods. Very few municipalities actually have an ordinance that deals with special events or special activities. It was interesting for her to see that the ordinance the City has is much more detailed for land owners and applicants in terms of knowing what governs them. She didn't believe any of the changes in the ordinance created any additional liabilities to the City in terms of granting applications to one verses the other. City Manager Barlow commented on the ordinance being a result of events occurring at the No Name Saloon. City Manager Barlow then commented on the "Christmas Under the Palms" at the Methodist Church being a different kind of event. Now that they recognize the entire City is painted with one broad brush because of one particular event, maybe now is the time to go back and try to adjust it. Councilwoman Rhodes asked what happens when somebody from a business in town wants to have a large event that was allowed to be held out by 1-95. She asked if that was enough for a legal standard. City Attorney Ansay informed her she thought so. She commented on the criteria in the ordinance and explained there is no right to conduct a special activity anywhere within the City. They have to apply and be reviewed based on the criteria set forth in 6 council Regular Meeting August 16, 2010 the ordinance. Ultimately because they are very specific criteria if the special activity that is proposed to be held does not meet this criteria either Council if it is a sizeable event or staff will have the legal authority to deny that application. She believed under all the circumstances that are set forth in the ordinance it would be upheld if someone ever wanted to challenge it. There are very few cities that have ordinances as detailed as ours. Councilwoman Bennington had a problem with taking the permitting out of Council's hands and just saying it is issued by the City. She thinks they should maintain at least some kind of control over what they want permitted. If it doesn't come before the Council before the City issues it they should bring it to them and say they were in the process of permitting it so they are aware of every special activity permit that goes on. She feels it is their responsibility. Councilwoman Rhodes agreed. City Manager Barlow informed her they could leave Council in there. He further commented on talking about any event that would create an anticipated attendance of greater than 5,000 people to bring to Council. He suggested they could massage that number or they could tell them they want to know about all of the events but they could approve up to so many in attendance. He spoke of a problem being only having one Council meeting a month there sometimes isn't time for them to go before Council. Councilwoman Bennington felt their control was being slowly chipped away with the different things staff was taking over. She thinks they have a handle on this as a Council and they ought to keep that handle on it. City Manager Barlow stated if it was the consensus of Council he could put that verbiage back in. Councilwoman Rhodes didn't think all of them needed to be brought back to Council. Councilwoman Bennington would be okay with having reports at their meetings of what had been done and keep them abreast of them if they want to take the Council out so they are aware of everything that is going on and what staff has permitted. City Manager Barlow didn't have any problem with that but as long as it is accepted it is embarrassing for a City Manager that when something is approved it comes before Council and Council tries to undo what is approved. Councilwoman Bennington wasn't saying they had the authority to undo it. 7 council Regular Meeting August 16, 2010 They are just saying he is keeping them informed like he does with this City Manager's report on things up and coming. City Manager Barlow asked Council if they were comfortable with the threshold of 5,000 attendance or if they wanted to lower the attendance that staff has approval authority and anything over that comes to Council. Councilwoman Bennington thought if it was in the City that 5,000 was too much. If it is out on the farm it's not. She used the No Name as an example. She felt 5,000 people was a lot of people to put in there but that maybe 2,000 isn't so much. City Manager Barlow suggested they start out with 2,000. It was the consensus of Council to start with a threshold of 2,000. Councilman Cooper realized why this was drafted and felt this was a good idea because it gives them some control. He also wanted the Council to maintain the right to say yeah or nay. He didn't think the number of people mattered as much as what type of event it was. With Edgewater Ranch, he wanted the opportunity to have some longevity because when you start booking big time entertainment he has to give them a yes or no sometimes six months to a year in advance. Councilwoman Rhodes stated the whole point of this was that he is booking in a month and he can't get the special activity permit. If he's booking six months out then he's got plenty of time to pull a special activity permit. City Manager Barlow suggested they talk about the location and if Council was comfortable with the ability to give a particular location a one year period to have numerous events beyond the one ten-day and two one-day events. If they were comfortable with that they could move on. The second part was where is that authority threshold. Councilwoman Bennington asked how many people they could efficiently control with our Police force at an event like at the No Name. Police Chief Bill Bennett estimated 6,000. Councilwoman Bennington asked if a threshold of 5,000 or 2,000 was better for the police force in town. Police Chief Bennett informed her it was easier to handle 2,000 obviously. City Manager Barlow commented on that being the reason for planning. He pointed out there were 7,000 last time out at The Ranch. Councilwoman Rhodes commented on them hiring off-duty police. s Council Regular Meeting August 16, 2010 Councilwoman Bennington liked the cap of 2,000. Council agreed that was fine. The rest of the City Manager Barlow continued his presentation by describing the other proposed changes. Councilman Cooper asked City Manager Barlow if there was anything that he saw that would actually limit or hamper his negotiations for someone to do a venue here. City Manager Barlow informed him no. Mayor Thomas commented on only receiving positive feedback after the last event held at The Ranch. Councilwoman Bennington felt it was relatively uneventful considering alcohol being served and the number of people that were there. There was a brief discussion regarding the liability insurance and posting a bond. Mayor Thomas asked for public comment. The following citizen spoke: Bob Overton, 631 Starboard Avenue, stated he was involved with Christmas Under the Palms at the Edgewater United Methodist church, which has happened for the last 14 years. He asked if there was some way that rather than the Council having to approve that every year, if they approve that program and would turn the rest over to the City Manager for future approval as long as the program stays the way it is rather than having to go back to Council. Councilwoman Rhodes informed him that was what the ordinance was for. Mr. Overton then asked about the permit fee that is charged. He didn't recall them having to pay a permit fee in the past. Councilwoman Rhodes informed him they did. City Manager Barlow commented on there possibly being an opportunity to reduce the fees for smaller events since there would be no public hearing for those events. Councilwoman Bennington made a motion to approve Ordinance 2010- 0-18 with the amendment mentioned regarding the thresho~d of 2,000 peop~e, second by Counci~woman Rhodes. The MOTION CARRIED 4 - 0 . 9 Council Regular Meeting August 16, 2010 C. 2nd Reading, Ordinance No. 2010-0-15; Amending Articles VI (Sign Regulations) and Article XVII (Indian River Boulevard - S.R. 442 Corridor Design Regulations) of the Land Development Code City Attorney Ansay read Ordinance 2010-0-15 into the record. City Manager Barlow made a staff presentation. Mayor Thomas asked for public comment. The following citizen spoke: Mike Visconti, 316 Pine Breeze Drive, asked if this had to do with the signs on benches. City Manager Barlow informed him yes. Mr. Visconti stated in 1995 they had a lot of advertisement on benches, which he felt was really ugly. At that time he joined the Beautification Committee. At that time U.S. #1 was a disaster. The Committee talked the Council into doing something about U.S. #1. They went ahead and raised money and got money and did the medians. They eliminated the signs on the benches because they were so ugly. He didn't think they needed to put signs on the benches for advertisement. He commented on repairing the existing benches and making them uniform. They want to keep Edgewater and U. S. #1 beautified. They don't need advertisement on the benches. If they have to advertise on the benches, they have to make it uniform. Jack spent a lot of money on those benches to do what they have now. He can't see where putting ads on is going to help to beautify and make Edgewater look the way it does today. Let's not do that. If it has to be done, maybe get some kind of a banner cover instead of painting on the benches themselves. He would hate to see these ads on the benches again. Mayor Thomas entertained a motion. Councilman Cooper stated what Mr. Visconti brought up they brought up at the first reading. He asked if they added that there was a maintenance regulation put in there and it had to be kept up. City Manager Barlow explained this only permits those benches to allow that to happen. Part two of what he was talking about if Council gives him direction and pursue an agreement to permit them after this, that is where they would write specifications and within those specifications it would address Mr. Visconti's concerns. He commented on there being no 10 Council Regular Meeting August 16, 2010 standards the last time they had advertisements on benches. He further commented on what other communities have done. Councilman Cooper felt as long as it was controlled and not allow it to happen the revenue might offset it as long as they can keep it looking decent and they do maintain their area. City Manager Barlow informed him the first step was to remove that prohibition of the benches being in those areas. The next part is to go out and put the program together to allow that. He didn't think they had many benches left in the City. Councilwoman Rhodes moved to approve Ordinance 2010-0-15, second by Councilwoman Bennington. The MOTION CARRIED 4 - 0 . D. 1st Reading, Ordinance No. 2010-0-16; Establishing policy to temporarily reduce impact fees for non-residential properties City Attorney Ansay read Ordinance 2010-0-16 into the record. City Manager Barlow made a staff presentation. He described filing liens up front based on the impact fee abatements given with the liens to be satisfied once they determine the jobs have been maintained. Councilman Cooper confirmed it was reduced to one year. City Manager Barlow informed him that was correct and that the whole program was only for one year. Councilwoman Bennington asked why this was an ordinance and not a resolution. City Attorney Ansay explained impact fees are imposed by ordinance. In order to legally change an ordinance they have already enacted that says they will impose impact fees on properties they have to do it by ordinance. Due to there being no further comments, Mayor Thomas entertained a motion. Councilman Cooper moved to approve Ordinance 2010-0-16, second by Councilwoman Rhodes. The MOTION CARRIED 4 - 0 . 11 council Regular Meeting August 16, 2010 E. 1st Reading, Ordinance No. 2010-0-17; Establishing policy to temporarily defer applicable Sidewalk, Fire/EMS, Police and Transportation/Road Impact Fees City Attorney Ansay read Ordinance 2010-0-17 into the record. City Manager Barlow made a staff presentation. front they would file a lien equivalent to the would be deferring. Once the impact fees were release the lien. He described up impact fees they paid they would Councilwoman Rhodes felt they should have more time than one year to pay it. Mayor Thomas asked for citizen comments. The following citizen spoke: Steve Clancy, 850 Dougherty, New Smyrna Beach, U-Sto-It, stated a one year payback on that if it was $20,000 or $30,000 they would have to bring in quite a bit of income just to make that kind of profit to pay back an impact fee. He asked if it could be extended two, three or four years. City Manager Barlow stated the original proposal was for a three year deferral period. The majority of the Council had requested to go to one year. He informed Council that could still be changed tonight. Councilwoman Rhodes commented on voting no on this due to having only six months to recoup and pay this off. City Manager Barlow commented on it taking six to eight months to build a commercial project. Councilman Cooper stated the original reading that came through was only 18 months. He could endorse a dollar figure. He felt each case should be looked at. City Manager Barlow reminded Councilman Cooper they would be deferring this with 5% interest. Councilman Cooper also mentioned the person putting up the building not having to come up with all that money up front like they have in the past. Councilwoman Bennington questioned how City Manager Barlow could come up with a figure that would be fair to any business that comes in and wants to build due to it depending on the square 12 Council Regular Meeting August 16, 2010 footage. Councilman Cooper suggested setting the plato at the lowest level. He felt just to open up as a blanket finance program for everybody he didn't think that was the right way to go for the revenue they need in Edgewater. Councilwoman Bennington asked how long the program was. City Manager Barlow informed her it was for one year unless Council extended it at the end of 2011. Councilwoman Bennington stated it was a one year program to defer but it also was a one year program for someone to come in. She stated they could change the payback from one year to three years if they wanted and still have it a one year program. City Manager Barlow informed her that was correct. Councilwoman Rhodes pointed out they would be making the impact fees plus 5% for everyone of those years. They are making money so she didn't see why they would limit themselves. Councilwoman Bennington felt this was another case where they are anticipating a whole bunch but aren't going to get that much out of it. She spoke of it taking time for a business to start making a profit. She felt if they were going to do it they should give them three years. Councilman Cooper expressed concern with a business owner not liking the City having a lien on their property for three years. Councilwoman Rhodes informed him then they can pay the impact fees. Councilman Cooper commented on the possibility of the business not being able to pay them. Mayor Thomas entertained a motion. Councilwoman Rhodes moved to approve Ordinance 2010-0-17, amending it to a three year payback period, second by Councilwoman Bennington. The MOTION CARRIED 3 -1. Councilman Cooper voted NO. Mayor Thomas called a ten-minute recess at this time. The meeting recessed at 7:14 p.m. and reconvened at 7:24 p.m. F. 1st Reading, Ordinance No. 2010-0-19; Declaring a Moratorium as to the filing and/or receiving of any application or petition for the establishment of "Pain Clinics" for a period of one year 13 Council Regular Meeting August 16, 2010 City Attorney Ansay read Ordinance 2010-0-19 into the record. City Manager Barlow made a staff presentation. Councilwoman Bennington asked how they would determine whether somebody was a pill mill or a legitimate doctor. City Manager Barlow commented on some of the ways they do the research. Councilwoman Bennington questioned if the City was going to check this all out if someone wants to come in and get a permit. City Manager Barlow informed her if they have the moratorium they would be required to. Councilwoman Bennington commented on having a couple of Pain Clinics in Edgewater. City Manager Barlow informed her they may have flown under the radar that they weren't aware of. He wasn't aware of any in Edgewater now. Councilwoman Bennington informed him she wasn't saying they were here now. City Manager Barlow also confirmed there was nothing in the process to establish here. He mentioned other cities that have either adopted the moratorium or are discussing this also. Councilwoman Bennington mentioned an article in the newspaper regarding Tampa being the Pain Pill Capitol of Florida. City Manager Barlow commented on an article he read about South Florida and 172 people being arrested in the Orlando area where more than 20,000 prescription pain meds were seized, with two physicians being arrested who ran the clinics. Councilman Cooper felt this was a good thing. He expressed concern with talking about grand jury this, and state statute this and they are hoping the State will act and they have a resolution coming out. These people have a lot of money. There are major pharmaceuticals behind these people to push this stuff. He stated suppose those regulations are more politically correct than she may have listed. He asked City Attorney Ansay what her recourse was. City Attorney Ansay referred to Senate Bill 2272 being largely promoted and there still being uncertainty as to how it will affect locals. She further commented on trying to determine where the best place was to put legitimate clinics still being uncertain. She suspected they would look at what other cities are doing and try to determine if that fits for Edgewater. She spoke of this being a complicated and difficult issue. She felt what they were seeing around the State was when they get shut down in certain locales another area springs up. A lot of cities in Volusia County are trying to prevent them from becoming the next place. 14 Council Regular Meeting August 16, 2010 Councilman Cooper asked if they are strong enough. City Attorney Ansay explained the ordinance declares a moratorium on the City moving forward with any applications and gives them a year to figure out whether they are going to be strong enough. At this point they just don't know. They need to sit down with the Planning & Zoning Board and determine what needs to be done. Moratoriums are often done when they have a problematic use that is exploding that they haven't really dealt with that has the potential to cause impact and they need to sit down on a short term temporary basis. If they are able to make a determination before one year, the moratorium will expire in a shorter period. Councilman Cooper asked City Attorney Ansay if she felt strong enough this was a good thing to start with. City Attorney Ansay felt if they had a policy decision they wanted to deal with this issue, then the moratorium does what is needed and is legal and has been done on countless places in the State of Florida. Due to there being no further Council comments or public comments, Mayor Thomas entertained a motion. Councilman Cooper moved to approve Ordinance 2010-0-19, second by Councilwoman Rhodes. The MOTION CARRIED 4 - 0 . G. Special Activity Permit; Jamfest Production LLC requesting a Special Activity Permit for a concert at the Edgewater Ranch, located at 3800 W. Indian River Boulevard on October 16, 2010 City Manager Barlow made a staff presentation. Councilwoman Bennington asked where they were going to park 10,000 to 12,000 people. City Manager Barlow commented on there being a great deal of property last time going south so they were going to open up more of that. There was a lot of wasted space the last time. Councilwoman Bennington commented on CAPS controlling parking at the last event and parking being the biggest issue. Councilman Cooper stated this was going to run the same time that last year's promoter is running an event in Daytona at the amphitheater, Jam Across America, and they are expecting a huge group up there. He asked if they thought there would be a 15 Council Regular Meeting August 16, 2010 conflict. City Manager Barlow informed him they think based on the geographical locations and difference in the artists they can still accommodate. He further commented on them being a local business. Due to there being no public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to grant the Special Activity Permit, second by Councilwoman Rhodes. The MOTION CARRIED 4 - 0 . 9. BOARD APPOINTMENTS A. General Employees' Pension Board of Trustees - Affirmation of the City Manager's appointment of John Brackin Councilwoman Rhodes moved to affirm the City Manager's appointment of John Brackin to the General Employees' Pension Board of Trustees, second by Councilman Cooper. The MOTION CARRIED 4 - 0 . 10. OTHER BUSINESS A. Request for consideration in reducing impact fees for an addition of 2,500 square feet of office and 3,100 square feet of storage units totaling 5,600 square feet at U- Sto-It, located at 3725 US Highway 1 City Manager Barlow made a staff presentation. Councilman Cooper asked City Manager Barlow if he was recommending $16,000. City Manager Barlow informed him there was no recommendation. This project appears it will create one additional job, which would be equivalent to $2,000. Councilman Cooper asked if they have waived sidewalk, fire and police in the past. City Manager Barlow informed him they did for the restaurant project. Councilwoman Rhodes pointed out there were also more employees. City Manager Barlow stated a lot more jobs being created by a brand new business. City Manager Barlow informed Council the applicant was present. 16 Council Regular Meeting August 16, 2010 Rose Hoffman, representing U-Sto-It Mini Storage and Box & Ship store, stated she had written a letter to City Manager Barlow stating that they were in the County and then they annexed into the City with the hope of building the storage facility. Then they decided they wanted to build some more storage facilities next door to the property with this other piece of property they had. Then they came up with they didn't have enough frontage and had to be so far back with the City ordinances verses the County's. They annexed into the City then to build a duplex business. They have had a real estate firm contact them and they have 25 people plus in one facility and in the other facility they are hoping a doctor's office or something to benefit everybody involved. Since 2004 their taxes have doubled and they have not done anything to their property and their income has drastically reduced which is why they want to build the other storage units inside hoping they can try to pay their bills. They are hoping that the storage facility can hire two more people on the storage and box and ship part of it but on the other part she couldn't tell them exactly how many people those two businesses could employ. They have had a real estate business with possibly 25 people plus for one side of it. On November 16th, Councilman Cooper was all for wiping out all the impact fees for one of the businesses. These things have been passed already. They had their application in and were supposed to be done by July. They need all the help they can get to get to the second level. Councilwoman Rhodes informed Ms. Hoffman she had to understand that everyone of them that they passed pretty much they based on how many jobs they brought into the City. It wasn't just an arbitrary thing. Ms. Hoffman wanted the Council to be fair with them too. Councilwoman Rhodes asked Ms. Hoffman if the realtor that contacted her was already in the City or if they were coming from another City into Edgewater. Ms. Hoffman informed her they were coming from New Smyrna Beach. She further commented on their taxes doubling from 2004 to 2009, not having done anything to the property. She was talking about the U-Sto-It Box and Ship, not the other parcel they just annexed in. Development Services Director Lear provided a history of the property in discussion that was annexed in 2003 as well as the adjacent property to the north that was annexed in 2005. He further commented on the two parcels being combined. He 17 Council Regular Meeting August 16, 2010 compared the taxes that were paid for this property being $13,372 in the County in 2003 and $12,500 in the City in 2004. It gradually went up as their taxable value went up just like everybody's taxable value went up. He estimated the taxes this year would be $17,000 according to the Property Appraiser. He believed the taxes last year were $25,000. Councilman Cooper commented on Edgewater's portion of the taxes going down and the Property Appraiser determining the taxable value. He asked Ms. Hoffman if she would have multiple office spaces with this addition. Ms. Hoffman informed him yes they had two units that were each about 2,500 square feet. She commented on the appearance of their building. Steve Clancy, 850 Dougherty, New Smyrna Beach, commented on this being a small duplex office building. Ms. Hoffman has a small business and had already sunk a ton of money into this project. The plans are approved and they can start construction any time. They would like an answer today on what kind of reduction they can get on impact fees that would be reasonable to both parties. Ms. Hoffman pointed out she paid $3,500 to Volusia County for sidewalks, which was supposed to be put in a sidewalk fund. She didn't know if this was transferred to the City. City Manager Barlow stated she has disclosed she appears to be negotiating with an active business to create jobs. In the spirit of what they talked about earlier, they could direct staff to work with Ms. Hoffman and determine a number of the jobs she thinks she is going to create, abate those impact fees at $2,000 per job she is going to create, put a lien on the property, come back one year after the project is complete, do that calculation and she would pay the difference of the jobs that this project doesn't create. Mr. Clancy stated that would be three years. City Manager Barlow informed him he was confusing the abatement verses the deferral. The abatement was one year, the deferral was three years. Councilman Cooper asked if they would include in her job numbers the other two businesses they were talking about. City Manager Barlow stated on whatever jobs this expansion created. Mr. Clancy asked if they could do 18 months from the time of CO. 18 Council Regular Meeting August 16, 2010 Mayor Thomas stated he thought Councilwoman Bennington wanted to make a motion. Councilwoman Bennington made a motion to turn it over to the City Manager with what he suggested doing in working with Ms. Hoffman in trying to get these abated. City Manager Barlow wanted him to replicate the first replicate this agreement. agreement. to make sure the direction was for reading of that ordinance. He could There would be a formalized Ms. Hoffman asked City Manager Barlow if he was telling her she should hold off from renting her units out and they could be setting for a while because she was looking for a number and not a good tenant. Councilwoman Bennington wanted to turn this over and let City Manager Barlow make the negotiations with him as he suggested to them and in a year sit down with them and if they haven't created the number of jobs she said, then they have to pay the difference. Councilwoman Rhodes didn't feel this solved the problem. Councilwoman Bennington didn't know how they could justly pull out a number to give her when she isn't sure. Ms. Hoffman pointed out she asked for this a long time ago. It was before Council even started giving these impact fees away. Councilwoman Bennington pointed out they weren't giving them away. Ms. Hoffman corrected herself and stated reducing them. She asked for it before they came up with the rule of $2,000 per person. Councilwoman Rhodes informed her the reason they came up with the rule was because they were doing it anyway and wanted it to be consistent for everybody. They wanted everybody to have the same opportunity and the same criteria. Mr. Clancy stated Ms. Hoffman had asked for a reduction in impact fees prior to the idea coming up with the new formula. Councilwoman Rhodes stated all the reductions in impact fees they gave prior to the formula were based loosely on this formula. They put it on paper so everybody knew what it was. 19 Council Regular Meeting August 16, 2010 Mr. Clancy stated a year from now with the way the economy is, three years from now he may have 30 employees where right now he only has a couple of employees. The MOTION DIED due to the lack of a second. Councilwoman Rhodes suggested they waive the Sidewalk, Fire/EMS, Police and Transportation/Road impact fees in the interest of promoting small businesses and jobs and helping people come back. Councilwoman Rhodes made a motion to waive the Sidewalk, Fire/EMS, Po~ice and Transportation/Road impact fees. Councilman Cooper asked if done with the other ones. but calculated the waiving that was similar to what they have City Manager Barlow couldn't recall of the impact fees to be $13,311.07. Councilman Cooper seconded the motion. The MOTION CARRIED 3 -1. Mayor Thomas voted NO. B. The Southeast volusia Chamber of Commerce requesting approval for the serving of beer and wine on City property during the Grand Opening of the Southeast Volusia Chamber-Edgewater Branch Councilman cooper asked if they had a problem with the kayak thing and they have lost it now because of the beer. City Manager Barlow explained while they were working out agreements they thought they had everything and the last word he had was they had another event planned for that day so they wanted to move it off one weekend, which would allow them to paddle on a full moon. They then asked to reschedule and try to put something together for next year. City Manager Barlow stated this was part of the direction that was given in an effort to try to stimulate and provide assistance to local businesses. He has worked with Steve Dennis over the last couple of years trying to get more of a Chamber presence here. They have been a wonderful resource to him as it relates to helping with Economic Development. He commented on things the Chamber has done in the past. He spoke of the Chamber locating at the Leisure Services Building where the City has provided office space as an in-kind service. 20 Council Regular Meeting August 16, 2010 Steve Dennis, Southeast Volusia Chamber of Commerce, made a presentation regarding the Grand Opening of the Southeast Volusia Chamber of Commerce - Edgewater Branch to be held Friday, August 20th from 4:00 p.m. to 6:00 p.m. at the Leisure Services Building. He commented on the request to serve beer and wine. There were five restaurants that were going to donate the food, which were all Edgewater restaurants. They were going to do a short ceremony. He invited all of the Councilmembers to come. Mr. Dennis wanted to extend the request slightly. They want to do a mini hob knob format where they invite all the candidates to come. They wanted to ask to extend that for the next event that would be held the first or second week in October. This is very controlled by them. Councilman Cooper asked if the political event would be held at the Leisure Services building also. Mr. Dennis informed him they weren't going to do either of the events in the office and were going to try to use the grounds adjacent to it. They would be having everything outside. Councilwoman Rhodes asked if they could make this for every Chamber event instead of the next two and then they come back the next time. She asked if they could make a blanket for the Chamber that this is okay. City Manager Barlow commented on if the event is held on City property. He and Leisure Services Director Jack Corder would manage that. There as a brief discussion regarding the hob knob being rotated between Edgewater and New Smyrna and this being the first time they have done this type of program in Edgewater. They are going to do one at the Brannon Center and one in Edgewater. The City of New Smyrna didn't have any City elections this time. He pointed out that particular event is open to the public. If they would like to extend it to all of their events, all of those events would be cleared through Mr. Corder and City Manager Barlow anyway. Mayor Thomas entertained a motion. Councilwoman Rhodes made a motion to approve all the events for the Chamber of commerce, second by Counci~woman Bennington. The MOTION CARRIED 4 - 0 . 21 Council Regular Meeting August 16, 2010 11. OFFICER REPORTS A. City Clerk City Clerk Wenzel informed Council with their mail she had put the new public records policy that had gone out to all of the departments, which was clarification on how they as staff handle public records. B. City Attorney City Attorney Ansay presented an update on the Restoration case. They received a recommended order from the Judge that was here and heard the case finding that the Restoration Comp plan amendment is in compliance and legal. The order was very comprehensive in its findings that the plan amendment was legal. Under the procedure and State law the parties are able to issue exceptions to the recommended order. The plaintiff or petitioner Mr. Burgess has done so through his lawyer. DCA also issued some exceptions to some language on some minor points in the order that they didn't like because she thought they were afraid it could have a precedent elsewhere, not necessarily that they disagreed with the results in this case but that they didn't like the way the Judge phrased the way DCA views certain things under the law. At this point, they are waiting for a final order to come out. DCA issues the final order so they don't expect there to be any issues or problems. Hopefully when they meet next she would have some sort of further information. DCA is very busy. The timeline which really means nothing for them to issue the order hasn't been complied with lately in their other cases because they are busy battling a number of very large developments in other communities where they are adverse to the local governments. She thinks they want to dedicate their resources to stopping projects they oppose rather than getting some of these procedural things done on projects they support. All seems to be in order. The Judge ruled in our favor and DCA continues to support us. C. City Manager City Manager Barlow stated in the Budget workshop they talked about Mr. McKinney's ability to payoff the Wachovia loans for an overall savings of about $3,700 to the City. He asked if they were on board with that to give him direction. 22 Council Regular Meeting August 16, 2010 It was the consensus of Council for Mr. McKinney to payoff the Wachovia loans. City Manager Barlow stated he had to make a minor change to the resurfacing that is in this year's current budget. The schedule that was approved for this budget year included resurfacing of the south side of Bradford Road from Eaton Drive. After further evaluation they need to do the north side. City Manager Barlow handed out to Council an invitation Wednesday for the Lunch & Learn that the Chamber does. Dorn, who has recently been appointed as Chair for Team the private/public partnership for Economic Development read so much about in the newspaper, would be doing a presentation for the Edgewater business owners. The cost was $5 and the Elks provided lunch. It was a one hour program. He included a recent article regarding that program. Eventually they will be coming to the City and doing a presentation to talk about the City's partnership with that and subsequent cost. for this Ted Volusia, they City Manager Barlow reminded Council that August 30th was the continuation of the last Budget Workshop at 5:00 p.m. in Council Chambers. 12. CITIZEN COMMENTS The following citizen spoke: Agnes Whitter, 223 Flagler Avenue, stated when they were discussing 2010-0-15, which referred to sign regulations and also Indian River Blvd/SR 442 Design Regulations. She stated they didn't address that particular part of the ordinance. They only address the sign regulations. As she was reading on the Internet, their corridor design regulations, they have an awful lot of stuff in there requiring a landscape architect and they have if someone comes in and buys a 200 foot piece of property and is going to put up one building, they have so many descriptions of what they want as far as landscape is concerned and it costs a lot of money to hire a landscape architect. She suggested the City devise a formulation which they have in one portion, where it says how many trees, how many understory trees, how many shrubs, etc. and the choice of a burm or flat, just do yourself a blueprint of it and hand it out showing what they want. They don't need an architect to design something like that. Most landscapers know what to do if they have a blueprint to do it with and save your people some money. 23 Council Regular Meeting August 16, 2010 13. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:18 p.m. Minutes submitted by: Lisa Bloomer Attest: APPROVED: City of Edgewater, Florida fu'U'U"L I_UOf\L~ Bonnie Wenzel, City Clerk " " tt 'y- i/::o ." r ,..",: ,. ." ...;.' -- 24 . Thomas, Mayor Council Regular Meeting August 16, 2010