Loading...
05-13-1991 - Special ..... ,..." CITY COUNCIL OF EDGEWATER SPECIAL MEETING MAY 13, 1991 MINUTES Mayor Wessler called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays Interim City Attorney Nikki Clayton Acting City Manager Fred Munoz City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present Review additional information re: LDRA's recommendation to annex 450 acres West of U.S. 1, 9/10ths mile South of Roberts Rd. to be used as manufactured home and Qolf community - Mr. Munoz stated certain staff members will speak on impact, they are not lobbying for this annexation, but feel for long term good of the City it.s worth annexation. He noted long term growth is to the West and South and to the South is the path of least resistance. He said growth is expected to take place in Cape Canaveral and they feel annexation is a worthwhile effort. Police Chief Schumaker stated the department's position is a positive view for annexation on the most part because of two main factors, financial and morale. He said on financial the planning board indicated monies received from annexation would amount to about $100,000 for the Police Department which would allow them to obtain two officers and related equipment to enhance police coverage on the South side of the City and the golf course project would not require a police officer 24 hours a day, 7 days a week, it would be similar to calls for service at Edgewater Landing and for that amount of people it's very low. He referred to higher morale with growth and organizational chart changes that will allow hard working officers to view working for the department as an opportunity to advance in a promotional system. He referred to pride in the department for the past 5 years and gaining the new Police Department which was the Library. He suggested if they choose not to annex, many of the related problems, i.e., traffic, accident investigations, etc., will still be a responsibility in that end of the City and they.ll receive no funds or ability to hire officers if it's not considered. He added they'll face many of the problems that more people bring if they don't annex then if they do, and if they do they'll receive enough funds to implement new officers to handle those services. Fire & Rescue Chief Bill Vola stated compared to Edgewater Landing this has similar style development and they1re averaging 80 units a year in development and he's estimating 80-90 or more for the new annexation. He said current funding levels equate to $32 per capita in the community and Edgewater Landing directly impacts by $5,600 approximately which is an expense for providing services to that community and the new development would be 200 people a year and roughly an increase of $6,200 a year based on $32 per capita. He explained the amount of calls for service is low and the majority comes from the South- west section and Florida Shores. He reviewed response time and noted the City has property at 35th and Mango Tree that was suggested for a fire station site but in the Comp Plan that property was earmarked for a park and is not a good fire and rescue station location because it's in the heart of a residential area and there's no access to the main arteries. He explained annexation would be on Volco which would be paved access to U.S. 1. He said it doesn't appear to have a great deal of negative impact on providing fire and rescue services and it1s a logical expansion for the community. Utilities Director Terry Wadsworth said he looked at revenue provided by the City's providing water and sewer services to the development over its build out period. He said they assumed 8 new units a month starting about October, 1992, which would run it through about August, 1999, for complete build out. He said with impact fees and connection fees plus charges for services with the rate increases included would generate about $2,691,000 of water and sewer revenue. .... ...." Review additional information re: LDRA's recomendation to annex 450 acres (Continued) Mr. Wadsworth pointed out some advantages to serving a project such as this is close proximity of housing with meters close together and water lines to service and minimal maintenance expenditures to keep the system up and running and on line. He said there's a possibility if the project is developed in the County we could still serve them if that would be Council's decision and water service would have a 25% surcharge and we'd would end up with $1.3 million. He said there's a question if the City would provide sewer and they're working on an agreement with the County to provide service for the area but cannot assume weill provide services to that area so it's $1,361,000 difference if the development's in the City or if they serve it as an entity outside the City. He pointed out this project's reuse potential noting it's also a necessity for the golf course and we could charge for the service of providing it to them. He said from the economic point of view they should look at serving it within the City as far as the revenue strength from the Utilities point of view. Parks & Recreation Director Jack Corder stated his department will serve these people with a development of this size and its location either way. He noted we're the closest recreation department and have the facilities and programs so whether annexed or not weill service these people. He said there's a range of impact fees for recreation from around $212,000 to $227,000 that could be collected if it were annexed. He explained it addresses certain elements of the Comp Plan but we still have 4-5 years to negotiate elsewhere. He noted we're serving people as far away as Ariel, Cow Creek, Ragis, and Old Mission and charge a $3.00 fee for non-residents but it doesn't cover maintenance of facilities provided free to the public. He said exhibit A in the development agreement shows park areas inside the development and should be more clearly defined and at what phase the golf course could be developed if the agreement's set forth. He explained he1s working with the County now for an interlocal agreement for recreation areas for services both ways and it will come to Council in the future but they don't have definite figures on it now. Public Works Director Carl Overstreet stated refuse is paid as you use it and they'd have to build out about half way through the project before it would have an impact on refuse and with normal growth of the City and Edgewater Landing and this project he could take up what's going on in the next 1-1/2 years with no additional personnel or equipment and at build out it's about 2/3 of a truck for 650 homes. He stated stormwater is mi n ima 1 impact accord i ng to the project design and it would be additional income and perhaps help him get an extra person in that department. He stated with Streets, from the time the City accepts the project they're looking at 10 years before they have an appreciable output of funds. He said in talking with the developers from a safety point of view they agreed to give us an entrance off 35th Street and that would keep us from having to take the equipment and trucks out on U.S. 1 and back into the project. He said they have no major impacts for the first 3 years. Planning & Zoning Director Mark Karet stated from the Planning Department' s perspective the most important reason for support is they see the Southern area being the area where growth will occur, Publix is developing there, and Surrey Ridge will be going in shortly. He said they feel it's better that growth occur inside the City rather than outside since it will impact us and we might as well have the revenue. He said this golf course development with home sites will generate in excess of 10,000 round trips on our roads and it wi 11 increase problems the Police Chief faces but they won't be paying any revenues if they're not inside the City. He added if we don't have this annexation, we won't have access to ones that will occur farther South. He stated the issue was brought up about the franchise agreement with the County and Triangle Refuse, which is a subsidiary of Consolidated Tomoka, and he talked with the President of Triangle Refuse Service, James Cinelli, and they discussed this annexation and its status and he i nd i cated because it IS undeve loped property, it I S not covered by the franchise agreement and would have no impact regarding his agreement with the County. He said if it was developed property, there'd be concern about it. He said there were questions about people in the enclaves and those people who are not affected by this annexation would be free to keep land uses they have since they are not in the City, and if they were brought into the City they'd be allowed to continue with whatever use exists on their land unless we make an effort to change it and that would be duly noticed to them and they'd have an opportunity to object. 2 Council Special Meeting May 13, 1991 '-" ~ Rev;ew add;t;ona 1 ;nformat;on re: LDRA IS recommendaHon to annex 450 acres (Continued) Harv;n Clark stated this project is of no value to investors, people who looked at it for a future project, without the golf course which will be in the first phase. He said if they decide the overall concept is acceptable, the first phase would come in about the middle of the project. He said New Smyrna Beach did a feas i b il ity study and found they cou 1 d use two go 1 f courses and he fee 1 s Edgewater is a prime spot for a golf course. He pointed out they aren't looking at this as a private golf course, he doesn't think they could depend solely on people in the community to support it, but it would be semi-private open to play and members will have preferential tee time. He said income of this project has been a concern and they've spoken with staff and feel they've come as close as they can with numbers and are willing to work with the City and the income stream from the golf course will allow the City to take a closer look at them. Al Keaton reviewed the impact and permit fees, annual fees and assessments at build out, and ad valorem breakdown. (Copies attached) Mary Hansen, Attorney with Storch & Hansen, explained the difference on tags between manufactured housing and mobile homes, noting when it becomes fixed to the property it becomes real estate, and they're figuring this on mobile home tags. Mr. Clark stated they'll do a lot of things like Edgewater Landing and Hacienda Del Rio, adding it1s good planning to keep mobile and manufactured homes in that same area. He pointed out Edgewater Landing and Hacienda have the river and his project will have the golf course. Councilperson Gillespie referred to HB 1178 changing it to real property, noting we're one of the counties that doesn't charge real property if you don't own the land. Councilperson Martin stated they passed it and it's effective 1/1/92 and it has to be owned property. Councilperson Gillespie reviewed the maximum amounts of $80 per half for tags with what the State gets and what comes to us. She said cable TV shows 2 per res i dence and she assumes that wou 1 d be 1 connect i on. Mr. Keaton exp 1 a i ned that's the percentage the City gets now. Councilperson Gillespie asked if held talked with Mr. Morgan about taking gas down there and added she and Mr. Ewing talked with Mr. Keaton about the bike path and other facilities that will be public. She expressed concern with enclaves. Ms. Hansen stated she talked with the County about the 55 acres to the North and she had a unanimous consensus it wasn1t the kind of enclave they want to challenge. She explained under Chapter 171 only the County can challenge an enclave and only has 30 days to do so. She said they went to LDRA and reaffirmed that today at the administrative rezoning work shops. Councilperson Gillespie asked about further enclaves because they just released for the Baptist Church. Ms. Hansen replied one of the reasons they have the anti-enclave language in Chapter 171 is they don't want to cut off the underlying jurisdiction from being able to get there and she understands there's no problem with access to those 3 parcels on each side of the church. Councilperson Gillespie and Ms. Hansen briefly discussed the Bella Vista request and the County1s position. Councilperson Gillespie asked about the wildlife biologist's certification on the land for the scrub jay. Mr. Clark replied he had someone from Orlando and they agreed with the flagging and they had it surveyed and he's forwarding those to different agencies. Councilman Jones said he feels this will be a worthwhile project and regardless of whether we do it or not, our City will be impacted and he feels there are more pluses than minuses. Councilperson Martin stated at the May 6th meeting she thought this application was withdrawn and asked if they reapplied. Mayor Wessler replied it was never officially withdrawn. After brief discussion, Councilperson Gillespie asked Ms. Hansen if they voluntarily withdrew it and they1re reconsidering. Ms. Hansen replied yes. Councilperson Martin stated she talked with Phil Giorno today and he had no notion about this annexation and the possibility of the County taking it over and he said if it was not annexed in the future, they'd have to provide water and seer but there were no immediate plans to take over any part of the annexation. She asked Mr. Clark if property will have manufactured houses put on it and it will be furnished and rented out as a deal with the golf course. Mr. Clark replied homes will be available for a buyer through the developer and will be put on the site and the site will be leased to the buyer and they will be manufactured homes as Hacienda is. Councilperson Martin stated she has 3 Council Special Meeting May 13, 1991 '-" ....., Review additional information re: LDRA1s recommendation to annex 450 acres (Continued) nothing against manufactured homes but her concern is the City get all the tax money it can which it won't do on rented property as far as ad valorem taxes are concerned. Mr. Clark said he doesn't disagree but the typical home in Florida Shores will not generate as much money as this manufactured home when you consider amenities and if you take the income stream and add what they'll bring to the City they'll see these homes will generate as much income as a $90,000 home. Councilperson Martin said in looking at other golf course homes, people who use it will have to pay extra fees to carry the golf course if it doesn't have enough use. Mr. Clark explained they cannot afford to charge higher rates and feel they can pre-sell every membership between Edgewater and New Smyrna Beach. Councilperson Martin stated she was told about 5% of any city will play golf and she hopes it will support the golf course. Mayor Wessler stated she spoke with Phil Giorno on Saturday and also to Big John at VCOG and he has no objection to its coming into the City and these people will use our facilities and roads and they'll be there whether or not we say they can annex. She pointed out it's better to get something than nothing and weill have input into the development, but if they stay in the County we may not have that. She explained if we connect these people rate increases over the next 4 years may be kept down. Mayor Wessler asked a member of the audience to speak at the end of the meeting instead of at this point. She referred to erroneous inform- ation circulating about the project going away if not annexed, but it will not. Mr. Clark stated they feel it's a good project and the best place is Edgewater and haven't pushed to the County and he doesn't want to do that but he doesn't want an attitude of they'll do it anyway, they want to work with the City first. Councilman Hays stated at the annexation presentation the tone was if you people don1t want to do it, the County will, and sometime when you start with that attitude they donlt progress well. There was discussion on prior dialogues regarding stick built homes rather than manufactured homes. Mr. Clark stated with stick built homes there's a problem with absorption rate and they can't afford the capital investment and then wait for typical absorption for a stick built home as it's not cost effective. Councilman Hays asked if they feel theylll build out quicker than with stick homes. Mr. Clark said yes. Councilman Hays asked if this project fails in the middle, they all know economy they're facing now, will bonding cover it. Mr. Clark said sure, and explained in the agreement with the golf course developer they make all contractors have perform- ance bonds and they're 110% bonded and if something does take place then the City or whoever is the assignee can come in and take over to complete it. Councilman Hays asked if the City should look at enclaves and make them part of the annexation, consider this as an addendum, and you don't have to change zoning. Mayor Wessler suggested they look at it in the future. Councilman Hays said if they have a golf course they have to water it and he doesn't think reuse water is an issue whether or not they go for the annexation and Edgewater with the CIP will be the prime provider and it would be the best method for them to use. Mr. Clark stated they need water and treated and secondary water could save on fertilizer. He said they talked to the County about water and if the City doesn1t want them, then they may have a possibility elsewhere. He added even if it doesn't come into the City held be willing to talk about the water. Councilman Hays asked if golf packages will be included for week-ends and week- days for a vacation. Mr. Clark replied he doesn't ever foresee that and clientele he hopes they'll have would take care of that. Ms. Hansen stated deed restrictions will be part of this subdivision, it's early to start developing it, they need to do it to help keep prices of properties up and they don't want to see a lot of transient clientele. She added they can make the City able to enforce deed restrictions that would make it that kind of single family house. Councilman Hays asked if they plan to complete the project or develop a site plan they intend to sell. Mr. Clark said held sell if someone offered him 100 million but those he represents have full intentions of doing this project and have a sincere interest in this area but he cannot divulge names at this point. Councilman Jones asked if this project will meet Comp Plan requirements for an area for manufactured homes. Planning and Zoning Director Mark Karet replied yes and the developer is interested in how quickly he can sell his home and the Planning Department's interested in making sure the Comp Plan is met. He referred to controversy with the Comp Plan and whether it is or is not in effect, 4 Council Special Meeting May 13, 1991 '-' ......, Review additional information re: LDRA's recommendation to annex 450 acres (Continued) and we heard at the last special meeting from the Interim City Attorney that it is not in effect. He said one portion that was never in doubt was the housing element because it was omitted from the ordinance but there are policies that look at demand for housing and one of the criteria they had to meet was availability of locations for mobile homes. He added our response to DCA objections is that there's not enough vacant land left to provide sites for mobile homes and locations would have to be looked at outside the City for annexation. Councilperson Gillespie asked if the Comp Plan says 850 manufactured homes for low income housing. Mr. Karet explained itls affordable housing. Council person Gillespie stated $50-$70,000 is not low income. Mr. Karet explained it doesn't address specific provisions for low income housing but it's affordable and when you look at golf course communities, this is a very reasonable and affordable golf course community and they felt the package made sense from a Comp Plan perspective. Councilperson Gillespie asked if they'll figure into the overall revenues the times when there aren't many people using the golf course. Mr. Clark said the feasibility review told them the typical buyer will represent 60% of the golf population so he'll probably have it covered. He added Council has a lot of pressure and if Council decides this isn't what they're looking for, it's okay, they'll probably still be their neighbor. Ted Ulinski, Vista Palm, said the statement that 5% of the people will golf is wrong and asked if they've tried to get tee time. He supported the golf course and said he thinks they'll get about $1 million a year revenue with 300 member- ships sold and non-members and concessions. Gigi Bennington, 121 Virginia Street, stated with the developer spending that amount of money and putting in time and effort to bring it into the City it can't be anything but a first class project or they wouldn't be so persistent. She said there are questions about providing water and sewer before putting it in Florida Shores but she understands under voluntary annexation until everything's in place in our City we don't have to provide services. She referred to past reviews of golf courses by Parks and Recreation Board. She noted ad valorem taxes only meet 31-35% of the total revenues. Mr. Munoz stated it doesnlt cover the Police budget this year. Mrs. Bennington said they're talking about a small amount and with the economic growth this golf course will bring and jobs and revenue from sales and retail stores and gas she doesn't see anything but good. She added if they don't annex, they don't get any money, and they can control growth and progress of the project if they annex. She said developers have to put up over $5 million before they'll see a penny's profit and they won't let it go down the drain. She pointed out pre-manufactured homes seem to be the wave of the future with the older retired population. She said if they don't annex they III cause the City to stagnate because without growth they don I t have anything and people here will pay more for less. George Ewing, Royal Palm, stated he hasn't seen any concrete figures and he's not sure everything said tonight will happen in the future. He stated they can build a golf course, but not at the expense of the citizens. He objected to the 650 manufactured homes and the low ad valorem tax they.ll produce. He said if these people don't pay their way, it's not worthwhile for the City to take it over. He stated Edgewater taxpayers shouldn't subsidize a golf course or any more manufactured homes because they have enough now. He said they can build the golf course but it doesn't have to be in Edgewater. He reviewed taxes for manufactured homes, such as Sea Anchor Circle. Mr. Ewing stated the developer agreed to pay the difference for the next 5 years and asked if they'll pay the difference in taxes of an average home and manufactured home. He asked if they should subsidize these mobile homes and said if they pass this annexation they.re not representing the majority of the taxpayers. He stated the application was withdrawn by letter in February and also withdrawn at the March 15th meeting. He stated the City Attorney suggested they keep the door open for future negotiations and she had no right to say that, it's Council's prerogative if they want to continue. He said she gives opinions and should only give legal advice. Mayor Wessler pointed out there was no meeting March 15th and she's asked the attorney if at any time she puts her foot in her mouth, the Attorney should pull it out quickly so they don't end up in court, so if Ms. Clayton gives her opinion it's because she asked her to do it. There was discussion about Ms. Clayton offering an opinion without being asked with Ms. Clayton explaining she comments if it.s within the realm of her engagement. Mr. Ewing referred to a May 8, 1991, 5 Council Special Meeting May 13, 1991 ...,.. ~ Reviewadd;tional information re: LDRA's recommendation to annex 450 acres (Continued) newspaper article on delinquent property taxes and about the Deland Mayor voting against an annexation. He said we have enough manufactured homes in the City now and he doesn't know if it's necessary to grow. He asked that they get the internal problem with the water and sewer plant solved and then in a year or two think about a golf course and mobile homes. Doris Hill, Lincoln Road, stated Mr. Ewing quoted one property in Edgewater Landing but some pay $14-$1,600 in property taxes. She said the new develop- ment's lots will have an assessed value of about $20,000 and won't be over 50 foot wide and in Florida Shores a typical 2 lots is assessed around $8,000 and that's a big difference. She said they1re not talking about a golf course, but of shutting this City off. She said the older people don't want this City to grow but growth will save money and the young people have a right to see it grow. She noted a new shopping center's coming in and they'll be telling people they aren't going any farther South. Henrv Dardinski, 2704 Sabal Palm, referred to the number of mobile home parks from the City's line South and said he can see Edgewater will encompass those. He said the City needs a golf course and this is a good idea but he'd like to see it with duplex homes and it will provide jobs for electricians and carpenters but manufactured homes will make money for those that send them here. He asked why they'd put in these fast homes unless it's for profit and nobody's asked where they're getting the money for it. He asked if they've seen how this was done in the past and asked cities that have golf courses if they1re happy and making money. Councilperson Gillespie said she did. Mayor Wessler asked their track record. Mr. Dardinski referred to the problems with Golden Bay and now they're trying to put up regular homes instead of manufactured. He said they should expand the right way and put up nice homes instead of manufactured units. Mayor Wessler called a break at 8:20 p.m. and called the meeting back to order at 8:40 p.m. Georae Naill referred to research with golf courses in the area, noting golf courses are good for a community but there's a problem here with ad valorem as peop 1 e who own the homes won't own the property. He rev i ewed his tr i p to Fairgreen and values and assessments of homes there. He stated they'd have a deficit between what they'd collect from that area and what the City requires in excess of $40,000 a year. He noted the developer said they'd make up the difference for 5 years but the City must plan beyond 5 years and at that time will have a greater deficit. He said it was stated the City would get 200 memberships but when it was asked about individual membership cost these figures were never provided. He reviewed normal initiation fees for individuals and full membership dues for individuals and a family. He added he'd told Mr. Keaton the United Taxpayers were not against the golf course but against the method of building the homes with the homeowner not owning property and no ad valorem tax to the City. He sa i d when he asked why they d i dn 't want peop 1 e own i ng the property so it would be real property to realize taxes his reply basically was they wanted to make money. He referred to an area with rental units by the day, week, and month and questioned if the developer were to consider this in a development of this type. He said golf in this area is seasonal from the first of November to April and referred to a newspaper article about Palm Coast golf course fees. He said a golf course can raise fees and memberships and Council has to decide but should consider fairness to the total City population. Montv McMullen, Edgewater Landing, stated lots in Edgewater Landing sell from $17-69,000 and all of this is taxed whether a developer owns or they own it. He said there's not that much difference between his home and those in Fairgreen as referred to by Mr. Naill. He pointed out most people get $25,000 homestead exemption but he cannot and is assessed the full value of his lot, driveway, and shed, and he pays $500 on his $80,000 home but also pays maintenance and the developer pays taxes. He referred to a bank that would not deal with mobile homes and is now having problem.s He said the State law will eventually charge them and theylll pay the total price, and it doesn't matter who owns property, someone will pay taxes on it. He added he wouldn't buy without his own lot. He said they pay school taxes and it's an adult facility. Gene Hodaes, 204 N. Ridgewood, stated when Jud Woods was City Attorney he said 15,000 cars pass there every day. He said he's tried to get the lot next to him cleaned up and sets boxes out on Mondays and Thursdays but the truck drivers told 6 Council Special Meeting May 13, 1991 '-' ...., Review additional information re: LDRA's recommendation to annex 450 acres (Continued) him not to use boxes. He expressed concern with cost of using plastic bags they asked him to use. He said he pays $1,200 a year in taxes. He referred to his treatment by a service officer and said they should have name tags on. He reviewed his support of Lawton Chiles. Council person Gillespie asked Mr. Overstreet to assist Mr. Hodges with his problem. Alice Murphv, 230 N. Riverside Drive, referred to a community built by the Mackle Brothers. She said mobile and manufactured homes put plumbers, electricians, and carpenters out of business and asked what would happen to tradesmen. She stated they won't use as much fertilizer with reuse water and expressed concern with polluting ground water because of our high water table. She asked if roads will be private or if she'll be asked to give her name, address and ID and be photographed to get in as others continue to do with no opposition from the City. She said her taxes are high with a large portion to schools but they have to pay to educate children. She said the golf course would be nice but she's concerned with manufactured homes. Don Clausnitzer, 1823 Juniper, spoke in favor of the golf course area. He said the numbers will meet and theylre looking at future growth. He said if this project is put in in the County they won1t be able to expand South on the West side of U.S. 1 and when they go West there will be a lot of wetlands. He noted the people wi 11 impact the roads so they might as well get the benefit of annexing them and using the money on the City.s behalf. Dominick Fazzone, 302 Paradise Lane, stated he's a member of LDRA that acted on this annexation and it was unanimously passed. He asked Council to reconsider it because of income from the golf course and what it would cost the City. He said he researched and found some homes in the manufactured areas pay did pay their fair share of taxes. He said he went to the County Assessor.s office and found there are properties in Edgewater Landing that paid less taxes than what he pays in Shangri-La for a home of $50,000 compared to $110,000. He said Edgewater Landing is a beautiful development and he doesn't think it's fair for Council to review this without getting all the figures. He said it1s a tough decision and referred to manufactured and mobile homes at Eastern Shores and Edgewater Landing that are a credit and are fine homes. He said they talk about Fairgreen's high values but most people living in Edgewater didn't live in Fairgreen because they couldn't afford it and the type of homes proposed for this golf course are affordable. He said they're looking for this in the expansion and held be against manufactured homes because we have enough at this time but they need a golf course. He noted we don't have a club house or bowling alley or place for community meetings and the golf course will give us a club house worth 1/2 million to accommodate meetings. He said they'll get 457 acres of land added to the City and about 1,400 people eventually and 110 acres is jurisdiction conservation with no buildings on it and land will be open and free. He said they'll have 1.4 people per acre and this golf course will be good for the young people and it will bring at least 25 more jobs into the area. He stated the 1/2 million gallons of reuse water is the most important thing to consider. He pointed out the Comp Plan housing element states between now and 1995 they should have 500 more units and between 1995-2000 another 400 mobile units and if they don't have it in the City to look at annexation of land beyond the City to accommodate that. He noted it1s affordable homes, not for the poor. Phillip Fonq, property owner in Edgewater, stated they all have their own opinion of the type of home they'd like but if there.s no development they'll get no tax at all and if it's in the City they'll get revenue for it. He said the golf course is an advantage from a marketing standpoint and that1s the key to the development1s success. He said the golf course and manufactured homes serve a need for some people with affordable housing and this meets the Comp Plan requirement. He said there are more pluses than minuses and he believes this is a good sound project. He asked the developers to do a good job on marketing. Councilperson Gillespie asked the legal status ruling on this. Councilman Hays asked if the Attorney touched base with the County. Ms. Clayton said she called Dick Kelton at Volusia County and asked the status of their position and his comments included that the County's position is as a general rule they don't oppose a person seeking urban services and annexing into a city but they look at each case individually. She said he told her there1s not enough review of the project to determine their position on the annexation and from staff level at the County they didn't look at the annexation closely enough to determine 7 Council Special Meeting May 13, 1991 '-' ...." Review additional information re: LDRA's recommendation to annex 450 acres (Continued) their position to the County Council. She said it's incumbent on the City not to create enclaves and that's a violation of State Statutes and the County must decide whether or not to challenge. She said someone suggested it would be wise to contact the people in that area and they may want to consider that no matter how this is handled. She noted last week the developer worked with Director of Planning Don Sikorski and Dick Kelton and others and it wasn't clear if they plan to use DCA manufactured housing or HUD housing and there's a difference in category as HUD is generally mobile homes and DCA is equivalent to a stick built and under Volusia County regulations you can put DCA certified or standard manufactured homes in any residential unit in the County. She said ability to put mobile home tags exists for both those structures. She said at that meeting they talked about west and east of the railroad and the developer talked about whether or not to build the development by phases and phase 1 would be east of the railroad and it would have to go through rezoning and special exception process according to Dick Kelton who was not clear on what rezoning they're looking for. She said the County had serious concerns about the conservation nature of the western side of the property and the developer and City and County should assure that wherever the property is developed those issues would be addressed so they don't have water crossing boundaries and environmental issues that effect one jurisdiction because of permitting of another jurisdiction. She stated regarding the utilities issue, the County would not be in a position to provide utilities to the development so there would not be an immediate need in the program unless they could find capacity somewhere and the Utilities Director said they could have them as a customer whether in or out of the City. She noted there was discussion of using another system close by but there's no sewer capacity there, only water. She said this should be coordinated no matter how they deal with the development. Ms. Clayton stated they had a voluntary withdrawal at the public hearing by the developer and she doesn't know what is before them today. Mayor Wessler asked for her input because she'd like to give them a yes or no answer to annex them into the City. Ms. Hansen said they have an agenda item for consideration and all they can expect tonight is some sense of Council as to what they should do next and it may take a motion. Councilperson Gillespie said she has no problem with that and is pleased with the information. Mayor Wessler said they have all the information before them and can bring it back without more information. Councilperson Gillespie said they have to work on Ms. Clayton's information. Gig; Bennington, 121 Virginia, suggested they need a motion of their intent to go ahead with the annexation or based on the information not to go ahead and then this would have to have ordinances and other information and perhaps a motion to accept the information they received and go on with the annexation procedures. Councilperson Martin moved to accept the information received and go further into the information the Attorney gave them tonight. Councilperson Gillespie seconded the motion. Ms. Hansen stated they have the information Ms. Clayton requested and can provide it and she'd like a motion conditioned on that and actually to restart the process. She suggested they could perhaps waive the LDRA again and come back to Council. Councilperson Gillespie asked if it's to reschedule with Council for consideration of annexation based on information that's available that meets our attorney's criteria. Ms. Hansen said yes and perhaps they could have first reading of the ordinance. Councilperson Gillespie stated that would be getting them into the procedural process and since there was no precedence with voluntary withdrawal, and had they voted on it they'd have to wait for one year, but they didn't. Ms. Clayton suggested they consider the precedent value of what you do and when you have a developer who voluntarily withdraws, it doesn't matter if you voted on it, you advertise it and had a public hearing, and her opinion is the waiting period applies but the waiting period can be waived and you can consider if you want to short cut the process. She said the question is if you want the developer to submit a new application and staff to give a recommendation to be presented next Monday for how to expedite the hearing process with still having assurances of due process and procedural protection for all involved. Councilperson Martin withdrew her motion and Councilperson Gi llespie withdrew her second. Councilperson Martin so moved with the Attorney' s suggestion. Councilperson Gillespie seconded the motion. Motion CARRIED 4-1. Mayor Wessler voted NO. Ms. Clayton stated they are to refile the application City Council for consideration on Monday on whether 8 and recommendation to the they wish to expedite or Council Special Meeting May 13, 1991 , \ .. ....,. Review additional information re: LDRA's recommendation to annex 450 acres (Continued) short cut any procedures and waive the waiting period. Ms. Hansen stated she'll have it in tomorrow. Councilman Hays asked if they'll get a final opinion on whether they should proceed because of the voluntary withdrawal. Mayor Wessler said she understood Ms. Clayton said they could come back. Councilman Hays stated he wants to be procedurally correct. Mayor Wessler asked if itls okay for Ms. Hansen to come back. Ms. Clayton said the voluntary withdrawal by letter had not reached the agenda so it was withdrawn before the meeting was held at which it would have been considered and the second voluntary wi thdrawa 1 was done dur i ng the pub 1 i c hear i ng at wh i ch the item was before Council for a decision. Results of meeting re: Shangri-La Village Homeowners Association with recommendation to accept roads and stormwater - Mayor Wessler stated last Thursday Gates Castle, Mark Karet, Bill Vola, Terry Wadsworth, and Ron Ferland and she met with Shangri-La Homeowners and discussed the problems and it was the recommendation of all departments to take over that for the Shangri-La residents. She said the only question is the retention area in back of Shangri-La and our departments said we could take it over but some residents want to keep it and do the maintenance and hold liability themselves. Counci1person Gillespie asked if it's the retention that will move to Turgot. Mayor Wessler replied no. Mrs. Frances Ferguson, 336 Shangri-La Circle, stated it was agreed it would be deeded to the Homeowners Association but the Board of Directors refused and said they didn't want it so it was never related to them they didnlt want to accept it. She said a lot of the homeowners wanted it deeded as a private commons area as it had been the last 6 years so they had a petition with 64 signatures and they were all in favor of the commons area being deeded to the Association but the Board of Directors doesn1t want it and the homeowners do. Councilman Hays asked how many members they have. Mrs. Ferguson noted some homeowners are not members but of the 64, with some gone for the summer, there are about 5 that are not Association members. Councilman Hays asked how many homeowners. A lady in the audience replied 106. Dominick Fazzone said he's lived here since 1984 and lives where flooding takes place. He said Mr. Ferguson was a very good former president and did a lot for their Association but in the last 7 years they've had a lot of problems, including flooding, and maintenance of the roads and commons area that the City didn't want to accept and the Association took it over and did the work on it. He agreed it would be nice for the homeowners to have the retention area under their control but their Association only represents some of the citizens of the Shangri-La subdivision and it's not a part of the deed or covenants like some others are. He exp 1 a i ned it I S a vo 1 untary club and present off i cers and directors do not want that responsibility and the petition said if they got the retention area a new road can be put through that area and they could control it and stop the City from building that road. He said he was told they wanted control of the retention area so they could control if a street would be going in where the school area is. He noted the City will be working on the retention area to ease the flooding problems and it has to be reworked and they should be under the control of the City. He said they've been paying insurance on the streets and retention area and some people wonder why. Mayor Wessler asked if they can block something if they give the road to the people. Planning & Zoning Director Mark Karet said it's an access easement that would overly any ownership. Council person Gi llespie said it I S an emergency egress. Mayor Wessler asked about retention on Turgot. Mr. Karet replied it will remain there and will be reworked. Council person Gillespie said she understood the retention pond would move over to Turgot. Councilman Hays said that will be connected and Parks & Recreation Director Jack Corder agreed. Mayor Wessler asked if any Council member objected to accepting the drainage and roads. Councilman Hays said they all looked at it and in fairness to people in Shangri-La it's time to assist them with the problem and he moved they do take over Mr.Overstreet's suggestion for Shangri-La roads and stormwater for maintenance. Counci1person Gillespie seconded the motion. Motion CARRIED 5-0. Planning & Zoning Director Mark Karet stated if they give the retention area to someone it would have to be a separate organization set up so they could take responsibility and the most logical would be the homeowners association but there seems to be disagreement and to give it to individuals that may be leaving would 9 Council Special Meeting May 13, 1991 .... ....." Results of meeting re: Shangri-La Village Homeowners Association with recommendation to accept roads and stormwater (Continued) be problematical to the City to see proper maintenance is done. Mayor Wessler said they were concerned about how often they'd have the grass cut but they could take care of it and Mrs. Ferguson said something about putting in a shuffleboard area and she1d told her the City would be open to suggestion if they'd pay for it and they could use it in the park. Parks & Recreation Director Jack Corder said with development of the 26 acres he doesn't feel held be looking at developing that area now. Mayor Wessler said it would be them, not the City, but after talking to department heads it seems the best solution is to accept that and weill take control of it and they can cut the grass if they want to. Councilman Hays said it was Carl Overstreet's recommendation and he agrees with it and knows weill provide proper maintenance. Mrs. Ferguson said if they assume responsibility for maintenance they have to carry liability insurance. Mayor Wessler said the City holds onto the liability and is responsible for it but other people have cut grass and trees. Ms. Clayton said the City's concern with the liability is if they mow it and she can give the City a hold harmless in exchange for this. Mrs. Ferguson asked if they have to carry liability. Ms. Clayton replied it's up to them. Mrs. Ferguson read the petition. Mayor Wessler said it will benefit everyone for the City to keep it and they can get a hold harmless and she doesn't want this to divide Shangri- La. Councilman Hays said it's the City's responsibility since they relinquished the pond. Bob Switzer, 326 Shangri-La, stated the Board of Directors did not tell the true facts to the people and if they ask them they'll take their names off the petition. Mayor Wessler stated they voted on the issue and don't want to divide their community. Mr. Fazzone stated the people owe Mr. Ferguson a vote of thanks because he did a lot for Shangri-La. Short list of City Attorney applicants and determining dates to hold interviews Council members reviewed the names they'd selected for a short list. Councilman Jones selected: J. T. Frankenberger, Kim OIConnor, George Sofranko, Jr., Krista Storey, and Jud Woods. Counc il person Mart i n se 1 ected: Stan 1 ey Bak i ta, Pau 1 Chipok, Floyd Hennen, George Sofranko, Jr., Krista Storey, and Jud Woods. Council person Gillespie selected: George Sofranko, Jr., James Walsh III, Kathleen Schneider, Paul Chipok, B. Randall Griffiths, and Krista Storey. Councilman Hays selected: Kahlil Day, Larry Kinder, Donald Seps, George Sofranko, Jr., and Jud Woods, Jr. Mayor Wessler selected: William Barley, B. Randall Griffiths, and Kim OIConnor. The top six selected were: George Sofranko, Jr.; Krista Storey; Judson Woods; Paul Chipok; B. Randall Griffiths; and Kim OIConnor. Mayor Wessler suggested they call them individually and have the Department Heads meet them. It was agreed to meet May 29th if appointments could be arranged for interview. Councilperson Gillespie asked if they'll have the first public hearing on the assessment because they need one of the hearings by the end of May. Mr. Munoz replied tomorrow Ron Ferland will get the tapes from the County and they'll work with the individual who'll convert the data. Mayor Wessler said she thought the first hearing was in July. Councilperson Gillespie said Mr. Mansfield said they need two public hearings and a board of equalization and suggested they hold it by the end of the month. Ms. Clayton said shelll work with Mr. Ferland on setting up public hearings but information for the hearings has to be provided before they can be scheduled. Councilperson Gillespie stated Ron Ferland said to get the letter out. Mayor Wessler said she understood it was July 17th. Mayor Wessler stated interviews will be the 29th and they can pay their own expenses. Ms. Clayton asked if they established criteria for the interviews. Councilperson Gillespie said she turned hers in. Ms. Clayton suggested they may want input from local professionals and she knows a couple. She noted they're looking for local government experience and someone bright and they may want assistance from someone who practices in Volusia County. Mayor Wessler stated she checked with local attorneys and one wasn't recommended very highly. Councilperson Gillespie said she doesn't want a currently seated City Attorney who held have to work with but she'd like someone with prior experience. She said the Police will run a credit check. George Naill said he met with Sam Owens and he offered his help with the selection process and also told him Ms. Clayton is very competent. Mayor Wes s 1 er noted he recommended Ms. Clayton to her. Council-man Jones said he has a problem with the 29th. Councilman Hays suggested they meet on Saturday. Mayor Wessler stated the City Clerk will work with the 30th and 1st to have them here. 10 Council Special Meeting May 13, 1991 .... ...., Review aaenda format: Determine procedure for advisory board/committee appointments: Review re: Roberts Rules of Order or other rules bv which to conduct meetinas Mayor Wessler suggested they TABLE the rest of the items and Council person Gillespie so moved. Council person Martin seconded the motion. Motion CARRIED 5-0. Mr. Munoz stated the two used refuse trailers will be purchased for $8,289.20 and held like that cleared by Council before they purchase them from Ormond Beach. Councilperson Gillespie moved to accept the Acting City Managerls recommendation for the Public Works trailers. There were no objections expressed by Council. Councilperson Gillespie moved to adjourn. Council person Martin seconded the motion. Meeting was adjourned at 10:08 p.m. Minutes submitted by: Lura Sue Koser ~ ATTEST: -cr?crERr! ~ App' oved this / 7 day of , 1991-. ,~~QCl.<l~ MA R 11 Council Special Meeting May 13, 1991