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01-07-2002 - Regular "W' ...." CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 7, 2002 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth City Attorney Scott Cookson Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. Mayor Schmidt wished everyone a Happy New Year. APPROVAL OF MINUTES There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS There were no presentations at this time. CITIZEN COMMENTS ... Pat Card, 3019 willow Oak Drive, read a prepared statement with regard to the noise from the No Name Saloon. He questioned why the Council is even bothering with this, why they would consider giving a business any more consideration than they would give a private citizen and why they would allow any noise level that could be heard by a Councilman at least ten blocks away. He feels the Council's responsibility is to decide how many times and when they would be willing to make it necessary for many property owners to put up with the garbage that comes through the air from the Saloon. If Council really feels like they must allow this business to have outside music, give them two special events a year, one day during Bike Week and one day during Biketoberfest for a five-hour time period, ending at 7 p.m., 8 p.m., or 9 p.m. He feels if Council doesn't stop this now, they will open a Pandora's Box. Kathy Clausnitzer, 1823 Juniper Drive, spoke about the city being in dire need of another cell tower in this City. The residents from 22nd Street to north of Park Avenue have the distinct disadvantage of having little to no wireless service. She feels other than a major inconvenience this lack of service poses a safety issue. She stated we are growing geographically and questioned why we can't grow to meet the needs of the cell phone owners. She asked for Council's attention to this problem and hope it can be solved in the very near future. .... ...." Mayor Schmidt stated that is up to the cellular service providers. city Manager Hooper stated that is correct. They approach the City and the city's obligation is to review the zoning for such a tower. BellSouth has talked to the City about two locations and are negotiating with us right now at one of our Water Towers off of Kumquat to add a tower to it. It is really BellSouth and Cingular who come in and rent or buy. The city doesn't install towers or have any obligation to install towers. Ms. Clausnitzer stated when you call them and talk to them they throw it right back on the city and they say the city didn't approve their towers. Councilwoman Lichter asked if they have ever come to us with a request. City Manager Hooper stated they have been in with two, one on u.s. #1 that the City discouraged but they told them they would work with them to have a second option, which was on top of an existing water tower. As best he knows, they were going back to make sure it was the coverage they wanted. He thinks they are working on it. Councilwoman Lichter suggested they find out what the status is. City Manager Hooper agreed to find out. Dominic Capria, 606 Topside circle, thanked City Manager Hooper for the letter of the draft of the Workshop meeting of December 4th. He still believes there should be public input at the Workshop meetings. He didn't know who made the decision that there should not be input from the city residents. He asked to poll the Council on how they feel whether there should be input or not at tomorrow night's meeting. Mayor Schmidt asked if they want to do this or wait until City Council Reports. councilwoman Lichter stated she didn't think Mr. Capria was aware they are planning a meeting at Edgewater Landing because of the dissemination of some e-mail's that weren't quite accurate and the meeting after tomorrow night will be located in the Landings for all citizens to attend and there will be plenty of opportunity for citizen input. But she has her own opinion on tomorrow night. Mr. Capria stated he did not know that but he didn't see what that had to do with the total residents of the City of Edgewater, not just Edgewater Landing. councilwoman Rhodes stated all the people in the city can attend the meeting in Edgewater Landing. It is just being held there. Mr. Capria stated it hasn't been publicized because he doesn't know anything about it. councilwoman Rhodes stated they are setting the date tonight for that meeting. Mr. capria asked why it has to be at Edgewater Landing, why not Florida Shores or somewhere else. Councilwoman Rhodes stated because they had a big enough facility. Mayor Schmidt asked everyone to answer Mr. Capria's question regarding whether they want public input tomorrow night or not. Councilwoman Lichter stated an e-mail has been going around Edgewater Landing with some very erroneous information in it. She personally received over 50 calls and thought it wouldn't be a bad idea, as they have often had the show on the road, that the Landings has the facilities to hold a meeting that would be open to the public. Page -2- council Regular Meeting January 7, 2002 'W' """" Councilwoman Lichter stated she needs the opportunity to go over a draft that she didn't write and talk to her fellow Councilpersons to try and work it out and see where they stand. She knows the opposition and she knows some of the pluses but because they live in a state that has the Sunshine Law ahd because they don't caucus like the political parties in Tallahassee caucus, it behooves them to try to talk to each other and get a feel. She doesn't care if it takes two more workshops of public input before they come to a conclusion to do something right. Councilwoman Lichter spoke about revamping the Code of Ordinances. She spoke about having problems with the section in the Land Development Code regarding Special Activity Permits and Noise so they pulled it and they must have the opportunity to work on it with the other Councilpersons. Mr. capria is disappointed they are going to have the meeting at Edgewater Landing and no one knew nothing about it because this has to be approved by the Board of Directors and no one has said anything about it until tonight. It still has nothing to do with the request that he is asking to poll the Council and Mayor on where they stand with input or no input. Councilwoman Rhodes stated Councilwoman Lichter just told him where she stands and she stands right with her. Mayor Schmidt stated he stands right there too. Councilman Vincenzi stated as far as the e-mail floating around, he saw it and didn't see anything wrong with it. As far as public input, he doesn't mind hearing from the residents. Councilman Brown feels the Council needs to discuss this and hammer it out and present it to the public in a formal mode and then let them talk about it. They are just presenting this to the Council. There is no decisions being made. Mr. Capria feels the citizens should be able to talk about it. City Manager Hooper commented on the normal process of a Work Session being for the Council. He spoke about the Sunshine Law not letting the Council speak to each other. They can speak to him one on one but he can't tell one councilperson what another Councilperson thinks. That is the chance for Council to come together on thoughts and give him direction to write something which he brings back to the Council. He further spoke about joint Work Sessions with other cities and there being no public input. He stated Mayor Schmidt requested that we do this Workshop in the format so the Council could have an opportunity to talk and it is the full intent of all the Council to take public input on a draft that there is something for them to describe and say what they like and don't like. He has drafted the language in the Noise Ordinance and the Special Activity Ordinance and sent it to those that have spoken here and indicated some type of interest. Councilman Vincenzi stated there are very rarely issues that they have Workshops on that are as controversial as this. He doesn't want to hear the same thing thirty or forty times from thirty or forty different people. He feels limited input would be nice. CITY COUNCIL REPORTS Councilman Vincenzi spoke about the council Combat challenge on Saturday. Councilwoman Councilwoman Rhodes are not participating. get City Manager Hooper to participate too. being involved in a Lichter and They are trying to Page -]- Council Regular Meeting January 7, 2002 'II1II' ., Councilwoman Rhodes stated she asked for feedback on the noise issue and she thanked everyone. She received plenty of feedback. Councilwoman Lichter stated Wednesday at Noon the Anti-Litter Committee will meet in the City Hall Conference Room. Pblice Chief Ignasiak will be the speaker. They are going to try and talk about enforcement. Enforcement and education are going to be the angles they are working on this year. She spoke about the problem on Roberts Road next to Indian River Elementary. She had one big thing taken away and thought the problem was solved. Now there are little huts there for various things and when the school was on vacation they were put behind a fence. There is total dumping in front of this fence. They are going to have to have surveillance. These people doing the dumping are going to have to be punished in some way. We have a very good system in this city. If you put a mattress in front of your house it does get picked up. Why they have to put it on the sidewalk by the school is beyond her. They are also going to talk about another CleanScene Day but for the minute they have to put some teeth into whatever ordinance they have or do not have on this subject. Councilwoman Lichter stated she got a complaint about some of the equipment for the youngsters at Whistle stop Park being rusted. She went over Sunday and it is true a couple of pieces are rather rusted out. She asked Mr. Corder about it and he informed her he has purchased them and very soon there will be a substitute for those rusted pieces. The person that contacted her suggested the Boy Scouts who are always looking for a project. If other things need to be done in the future, maybe they could do a job for us. Councilman Brown stated Myron Hammond, an ex-Councilman offered free towing for anyone that got intoxicated over the Holidays. The cab company, as well as the Police Department were also offering free rides for anyone that drank too much. Councilman Brown stated he was driving down US #1 and saw a car pulled over in the median and another car pulled in behind him assisting a gentleman who had a heart attack. He was proud to see this happening. He feels it is things like that that make a small town like this worth living in. Councilman Brown spoke about the groundbreaking for the YMCA swimming pool. They also drew for the $24,000 boat. The first ticket pulled was one of the Board members, who refused the boat and had them pull another ticket. He feels that is spectacular. Mayor Schmidt reminded the citizens the deadline of March 1st is coming up for the Senior Homestead Exemption as well as the normal Homestead Exemption. Mayor Schmidt stated he is not a politician so a lot of this stuff is new to him. He feels that he needs as much verbiage from staff so he can get a handle on what is going on. He decided the Workshop tomorrow night would be a Workshop between the City Council, City Attorney, City Manager, Police Chief, Fire Chief and Chief Planner because he needs to hear all different sides of this because this is something that not only affects us today but if it is done right it is going to affect for many years. Mayor Schmidt felt it would be a good idea to take the Workshop on the road and open up the third Workshop directly to the citizens of the City on February 5th at 6 p.m. at Edgewater Landing Clubhouse. He further spoke about Edgewater Landing being a comfortable spot and the City being there before. It is capable of holding more people than sit in this room right now at a more comfortable level. Page -4- council Regular Meeting January 7, 2002 ..... ..""" Mayor Schmidt feels it would be much more suited to hear from a lot more people. They get on average the same general people who attend the meetings. He doesn't want to hear from the same general people on something this important. He wants residents from Edgewater Landing, Riverside Drive and Florida Shores that don't normally come to meetings to come to a meeting. He doesn't want people to hear from e-mails, other people that are trying to be good citizens but unfortunately know how to prey on other people that don't normally get out. He wants this to be as open as possible. He would also like to have some of the business owners there. He is trying to learn as much as he can. Mr. capria stated he doesn't disagree with this meeting but he feels there is too much politics involved. He thinks they should have this type of meeting at a school. If people want to come, they will come. He feels all you are going to get at Edgewater Landing is Edgewater Landing residents and a few outsiders and no more. Mark my words. Mayor Schmidt stated he is hoping to get many more. Mr. capria stated you won't. councilman Vincenzi stated at the meeting tomorrow night there will be a sound demonstration. City Manager Hooper stated his agenda is to go through and highlight the current Code conditions. Some of the letters and input that he has gotten back has indicated that maybe there isn't a clear understanding among everybody of the current Land Development Code. He would like to take the Council and audience members present outside to show what 60 and 70 decibels sound like at fifty feet and a hundred feet. He will take the Council through the first draft that he has prepared that is based on the first Work Session. He would like to get input from Council and let them talk among each other. If there are changes to it, send it back to him on what they do, create another draft and hold the third Work Session. Councilman Vincenzi stated he wanted to make it clear that tomorrow night the city will be showing off the new sound meter they just purchased. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS There were no public hearings, ordinances or resolutions at this time. CONSENT AGENDA There were no items to be approved on the Consent Agenda at this time. OTHER BUSINESS A. Proposed Development Plan - Developers Ed Grant and Jim Scott seekinq approval of a sinqle-familv residential subdivision consistent with a Joint stipulation and Motion for Final Judgement issued bv a Federal Court and recorded September 20, 1988 City Manager Hooper made a staff presentation. He stated Chairman of the Planning and Zoning Board, Bob Garthwaite, was active with this lawsuit when it was done at the time so he asked him to come in and give him some history. He feels with the information given to him by Mr. Garthwaite and what they could get out of the minutes, they were able to follow the reason, the rationale and the approach. The property has been sold and they have developers that are interested in coming in and building. He and city Attorney Cookson have looked at it and feel the plan is compliant with the Court Order. The Court Order doesn't allow a zoning designation on the property. He stated this has a maximum number of units and some development criteria. Page -5- Council Regular Meeting January 7, 2002 .., ..., Chief Planner Darren Lear went through the proposed plan for this piece of property. He further commented on the phases. Councilwoman Lichter asked if there are two exits onto U.S. #1 or just a common exit with Silver Ridge. Mr. Lear stated it is not a common exit with silver Ridge, it will be an exit just for its own off of u.s. #1 and then the one on Glenwood. Mayor Schmidt asked if Riverside National Bank plans on building on the outer corner. A lady in the audience informed him they are building at the corner of Falcon. City Manager Hooper informed the Council the developers were here if they had any questions. Councilwoman Rhodes stated they really don't have much control over this. City Manager Hooper stated they have limited control. He is asking the Council to look at this plan and inform him this plan is consistent therefore they go do the next step which is a developer agreement and head the plat. It doesn't go to P & Z except for the preliminary plat. There is no zoning. councilwoman Rhodes stated what if they say it isn't consistent with the court order. City Manager Hooper stated then the Council has to tell him why and then they come back and they understand that. Staff is telling the Council it is consistent. Councilwoman Lichter asked to hear from Mr. Garthwaite to see if he has anything else to add. Mr. Garthwaite stated they covered it pretty well. No one has any objections beyond the fact that you can see the woods and leaving all the animals that are there. Councilwoman Lichter asked if they have gone through the permits with the animals. Mr. Lear stated the very first thing is that it had to come to Council first. City Manager Hooper stated they don't want to spend money until the Council says it is consistent. Then they get the permits and finish drawing some plans. They probably have an option on the property and if it is consistent with the Court Order and they get Council's understanding that they can develop and move forward, then they are off to close on the property, obtain the necessary permits and move on to construction. City Attorney Cookson stated he looked over the Court Order and it is his opinion that the property is consistent with the Court Order. But the developer doesn't want to rely on his opinion to move forward. He needs someone with some decision making authority to tell them that also and that is why this is before the Council. Mayor Schmidt asked to meet the developers. Mr. Lear introduced Ed Grant and Jim Scott. Councilwoman Lichter asked how this jives with the environmental issues. Down the road, does the Court Order supercede. city Manager Hooper explained they will probably go through the normal development permitting, which would be the st. John's River Water Management District for stormwater. They would go through the DEP for putting in water and sewer. They will develop in accordance to our Land Development Code. What it takes them out of is the zoning requirements of the Land Development Code. Councilwoman Rhodes stated but it doesn't take them out of the permitting issue. City Manager Hooper stated no. Councilwoman Rhodes feels if it applies here then it should apply any number of other places. City Manager Hooper explained what you had here was a fight going on between the City and a developer and they agreed to settle without finishing the legal fight. Page -6- Council Regular Meeting January 7, 2002 ~ ~ Councilman Brown stated somebody else can't use a smaller size lot for such to allow them to build. city Attorney Cookson explained the Court Order has a legal description in it which describes that piece of property. This is just applicable to that piece of property. Mayor Schmidt opened the public hearing. Pat Card, 3019 willow Oak Drive, stated he noticed that these are 60 foot lots. We had a big thing about 50 foot lots and that the Council wouldn't vote for one of those. Sure enough they went to 75 feet but what they did was slipped in on the side of the 75 feet, they were going to waive the ten feet on each side. He stated here you have 60 foot lots. If he remembers correctly, that is a railroad right there. The only thing that separates that from Florida Shores is the railroad. Across the railroad you have to have 80 foot lots and ten foot on each side. Councilwoman Rhodes informed Mr. Card he needed to tell the judge that. Councilwoman Lichter stated they have a Court Order. Mr. Card questioned if the Court Order says 60 foot lots. City Manager Hooper stated the court Order dictates that the Council can only look at a few things, lot depth. It doesn't have anything that says they can look at lot width. It says they can have a maximum 200 units on the property, they must be 150 feet deep along Silver Ridge and it never addresses lot width. Mr. Card stated so the rest of the lots can be any size they want them to be. City Manager Hooper stated that is the pathetic part of it. Mr. Card stated and if the developer wanted to be really responsible about this so they wouldn't have lots and lots more coming in on the Council, they might be able to convince the developer to go to 75 foot lots. All they did the last time was run this through the Planning and Zoning Board and they came back and recommended this go to 75 foot lots. Sure enough the developer came back and said he didn't want to do it that way but another developer came in and said he would. Maybe what they need to do is say they would like to see this go to 75 foot lots and then they have to plat it differently. Councilwoman Rhodes stated she is thinking there might be other legal issues if they did that. city Attorney Cookson explained it is important that both sides comply with the Court Order. He thinks one thing that is important to realize is the Court Order gives the developer of this piece of property the right to develop up to 200 units on the property and 200 units keeping the 150 depth of those top lots shrinks the width down but he is only putting in 97 units so he has the right to put in 200 units on this piece of property and is choosing to put in 97. Councilwoman Rhodes stated the Court gave them the right to do that, not the City, and we have to abide by what the Court gave him the right to do. Mr. Card stated but the Council can ask him to go to 75 feet. Councilwoman Rhodes asked the developer if he would go to 75 feet. She stated he said-no. Ferd Heeb, 115 N. Riverside Drive, asked if it was dictated by the Court that it would be this narrow. The Court says you can have 200 units but you could have two story units or you could have apartment complexes. There are a lot of things you could do with it. Councilwoman Rhodes stated it has to be single family. city Attorney Cookson stated the Court Order contemplates single family along the northern portion of Silver Ridge but the rest could be multi-family. Mr. Heeb stated he hasn't seen anything other than the item in the newspaper that said the units would be 65 feet wide. He came to the meeting to say he doesn't like to see 65 foot lots in Edgewater. Hopefully the developers will take a look at the city of Edgewater and see what we are doing, see what kind of City we have and use a little compassion. Mayor Schmidt closed the public hearing. Page -7- Council Regular Meeting January 7, 2002 ~ ~ Councilwoman Lichter stated the residents of Silver Ridge immediately abut this property. She asked Mr. Garthwaite if he found any comments similar to that. Mr. Garthwaite stated the people had no objections to it. They said sooner or later it was going to have to be developed as long as it is by the Court Order. Unfortunately the concern now is two-story homes. city Attorney Cookson stated from reading the Court Order it becomes apparent the residents of Silver Ridge were involved in this. They've got a natural buffer between their subdivision and this subdivision. One of the unique features of this is this would be an ideal subdivision for some inter connectivity between the roads between Silver Ridge and this subdivision but the Court Order specifically prohibits that so it is fairly apparent that there was a lot of discussion and input from the residents of Silver Ridge on this settlement. Councilwoman Rhodes stated and all you want from us is that we agree or disagree that it is consistent with the conditions of the Court Order. City Manager Hooper stated they are just saying it is consistent. If they find it inconsistent, they have to tell him why. Councilwoman Lichter made a motion that based on staff's recommendation, the City Attorney's judgement, her perusal and looking at the plan, it appears to her that the proposed development is consistent with the Joint Stipulation and Motion for Final Judgement which was recorded September 20, 1988 and therefore authorize the developers to proceed with a development agreement and final plat, which also means they will need to go through all forms of permitting, second by Councilwoman Rhodes. The motion CARRIED 5-0. B. Waivinq Buildinq Permit Application Fees for Habitat for Humanity - staff recommendinq waivinq only city mandated review fees, impact fees and permit fees to construct a single-familY house City Manager Hooper made a staff presentation. Mayor Schmidt asked if these need to come in front of the Council for something like this for this type of organization. city Manager Hooper explained they have had a variety of approaches and also there have been different approaches with different Councils. They decided to go to Council to make it consistent so that when any other houses coming in from Habitat for Humanity know exactly what they have to pay up front. He briefly spoke about other organizations that have requested waivers to impact fees that they haven't granted, as well as on City buildings. Councilwoman Lichter stated her only problem with a blanket waiver is that sometimes the circumstance of an organization may change or the city's finances may change. She feels it is open ended so she is a bit hesitant in terms of permits of any type to make a blanket waiver. Councilwoman Rhodes stated this is just a blanket for Habitat for Humanity, not anybody else. Councilwoman Lichter suggested taking each application one at a time. Councilwoman Rhodes suggested doing it for a period of a year and renew it every year. councilwoman Lichter like this idea. She doesn't want to see it totally open ended. City Attorney Cookson stated they could approve it and in the approval specify at any point and if they want to come back and change it they can. Approve it now subject to the Council changing its mind and at some point in the future if they don't think Habitat for Humanity is what it is now, reinstate the fees. city Manager Hooper explained it is almost like a sunset provision. Page -8- Council Regular Meeting January 7, 2002 ., ."", Councilwoman Rhodes suggested a waiver for a year to review yearly such as the budget process. City Manager Hooper suggested putting it for Fiscal Year 2002 and bring it back every year. Mayor Schmidt opened the public hearing. Bob Perry, Construction Supervisor, Habitat for Humanity, thanked the city of Edgewater for the extreme generosity towards Habitat in the past. The Building Department has been outstanding. They have really worked with them. The city has waived all the fees except for the radon gas fee and the meter deposit fee for the last four houses that have been built. It was a total of $104 that they wound up paying. This saved them a lot of money, probably $4,000 or $5,000 and that is the reason they build so many houses in Edgewater. All of their houses are built by donations so anything they can save is really appreciated. They are hoping some of the fees that have been waived in the past, they can continue to waive in addition to the ones that were on that form but maybe some of the impact fees because any money they can save they can use it to roll it over and build more houses. They have four or five more lots in Edgewater they would like to build on over the next couple of years. Councilman Vincenzi asked what the procedure is now. If they come individually and ask for a waiver. City Manager Hooper spoke about what occurs now. The Building Department sent over the last one to him and asked if they could waive the impact fees. He informed them no. Impact fees are established by bond covenants and we have obligations on water and sewer that strictly say you can't waive those. He further spoke about the Police and Fire Impact fees that were implemented this past year. The ones that are not adopted along those lines he doesn't have a problem with the City saying it is going to waive. Councilman Vincenzi stated he would not be in favor of a blanket. He is not in favor of this but he is in favor of being able to review each one as they come in or having staff review each one sending a recommendation forward. He feels it should be done on an individual basis. Councilwoman Rhodes stated once again you will get into the issue of public money being used for charitable organizations. She has a real struggle with that. Bill Maul, President, Southeast Volusia Habitat for Humanity, stated they have eight houses completed in Edgewater and two under construction. Those impact fees, the $4,000 or $5,000 pays for a roof. Any donation that is given to them and they could think of Edgewater providing a donation for that house, it goes right into building. He spoke about a lot of people working hard to help people who without that help at this time could never hope to own a home. That will be ten community members paying their taxes in this community but they needed that kick start to get going. When they are finished with the current construction routine, they built five houses in 2000 and three houses in 2001. This year they see them building another five houses. He presented a history of houses that have been built in Southeast Volusia since 1989 and the requirements someone must follow in order to get a Habitat home. Councilwoman Rhodes agreed with him in her personal opinion. People have asked her where they could donate money and her first answer is always Habitat for Humanity. There are others that are equally as good and equally as deserving. We are entrusted with the public trust of everybody and we are entrusted with their money and their tax dollars and they are looking to the Council to not give it away. Page -9- Council Regular Meeting January 7, 2002 .., ..., councilwoman Rhodes stated she is sure everybody wants to help and they are going to do what they can to help but has a real issue with this. The City has many people that come before them and want charitable donations. She works for a church and nobody believes in charity more than she does. Mr. Maul spoke about their houses being built solely by volunteers but there are some jobs you can't volunteer for and they pay usually a very good rate but they pay none the less. You can't get a volunteer to pour the cement, put in the plumbing, put in the electrical work, put in the heating and the appliances. So there is a portion of the house they must pay for because they need a licensed employee to build that house. So there is a give back to the community too because it provides gainful employment to a number of organizations in Edgewater and New Smyrna that provide the services they need to put that house up and put it up to Code. Councilwoman Rhodes stated and that is where it belongs, it belongs in the private sector. Councilwoman Lichter stated fees one through eight are local and can be legally waived. How much are they talking about? City Manager Hooper stated $508 per household. Councilwoman Lichter stated the question that arose was shall they do it per house, issue or shall it be on a more permanent type of setup? That is the question we are dealing with. City Manager Hooper stated he is after a policy that says Dear Habitat, from here on you can count on having to do this and we will waive that so they will know the rules of the game. Councilwoman Lichter again mentioned City circumstances changing and organizations changing. She would like to see some end to that permanent. She would be in favor of letting the process of one to eight, the $508, not be paid out of their pocket and also that yearly they look at the situation and review it in terms of their finances. Councilman Vincenzi stated the end result is the same as long as circumstances stay the same, they get the fees waived. But he doesn't see a problem with reviewing each one individually. Councilwoman Rhodes stated they could be reviewed individually but she thinks it is fair to Habitat to let them know what they can count on from the City so they know what they have to get from private sources. Councilman Vincenzi stated they can probably count on having the fees waived unless something changes. Mayor Schmidt asked about the reuse water fee and if they need that on there. Can that be one of those that if the homeowner decides they want reuse that they can go ahead and do the reuse themselves and not even have it on the sheet. City Manager Hooper stated it is really on there only if they do use it. If they don't want it, they aren't going to pay it. It is on there if they come in but the question has been if they come in and ask for it can it be waived and it got into one of those utility deals that no free service can you issue. Dick Jones, 1530 Sabal Palm Drive, stated his experience with Habitat for Humanity has been merely what he sees in the press. The gentleman earlier answered his question regarding what is the owner's obligation in regards to that property. They have to pay the principle on the mortgage. What happens to the property if the people default on their mortgage? Page -10- Council Regular Meeting January 7, 2002 '-" ..." Mr. Maul stated they haven't had to foreclose on any mortgages. If the house foreclosed, depending on how long they were in the house, the house would probably be sold. Unless it happens within a five year period, there might be another Habitat family in the wings who would take it over. They have a family support system that maintains contact with the family until they get to feel at home in their home. They have had some shaky experiences but by in large, the lion share of those families have taken that opportunity to be a homeowner with tremendous pride. He spoke about the children that have gone through this experience too. Those children as they grow up are seeing a world in front of them that they couldn't imagine seeing had they stayed where they were living and in that environment. Councilwoman Lichter asked if they are also building in New Smyrna and in Oak Hill. Mr. Maul stated they are annoyed they aren't building enough in New Smyrna. It just happened they got a number of lots in Edgewater and the applicant's coincidentally were from the Edgewater area. They are going to start a home in New Smyrna in a couple of weeks. Councilwoman Lichter asked if they waive their fees. Mr. Perry stated yes they do. Councilman vincenzi asked if they are going to be around after they decide this or if they are going to leave? Mr. Maul stated they would be there. Mayor Schmidt closed the public hearing. Councilwoman Lichter made a motion in terms of waiving Fees one to eight for Habitat for a year's time and then to be reviewed again, second by Councilwoman Rhodes. The motion CARRIED 4-1. Councilman Vincenzi voted NO because he thinks they should be reviewed individually. C. Community Redevelopment Aqency (CRA) - for discussion only City Manager Hooper made a staff presentation. They have the draft resolutions, draft ordinances and the implementation. He suggested they submit that to the County, since they have a new process and let them look it over. He wants to submit all of that as if it is a development, go through their process, let them make their comments, they fine tune the ordinances and resolutions and have that back in front of Council for its first adoption and it goes to the County for their approval and adoption to create a CRA for the 550 acres, which is the FIND parcel and around Massey Airpark. If that is okay with Council they will submit it to the County. It will go through a DRC review as if it were a development project. They will make any comments on the redevelopment plan, how the money is to be spent and get that back to the City so when it is in front of Council for final adoption it should match what the city wants to see. Councilwoman Rhodes questioned if this is going to cost the City any money. City Manager Hooper informed her no. Councilwoman Lichter asked what type of things a CRA deals with. She stated City Manager Hooper mentioned industrial, a business type area. Is that the only thing you can have a CRA for? city Manager Hooper stated the Council will see and have opportunity to approve the redevelopment plan. This is just a draft to go to them. The CRA is set up so its real purpose is to add infrastructure into an area to increase the value of the property in the area and add value to the tax rolls. Page -11- Council Regular Meeting January 7, 2002 '-" ..." Councilwoman Lichter asked about the Massey area being residential. City Manager Hooper stated they have not included the residential. Everything they are talking about is industrial based. Most of the property they are talking about is undeveloped. Councilwoman Lichter asked City Manager Hooper if he sees one possibly involving small business in the center of town to try and make more of a center. City Manager Hooper spoke of there being two types of redevelopment, one being an economic development, which is what he calls this. The other type is what you see when you go along Beach street in Daytona or Canal street in New Smyrna where you have more of a beautification for a downtown area. Those are different and don't necessarily bring revenues to a city. Mayor Schmidt stated they had talked about that along U.S. #1 in the future. City Manager Hooper stated as soon as they land on a city Hall site that is what they want to look at. Councilwoman Lichter stated once you are involved in one of these, you are talking matching money are you not. City Manager Hooper stated you are only talking of new money. As the appraised value of that property goes up, there will be a revenue coming in from the millage of the County and millage of the city. That money all comes to the CRA and the CRA has a definite redevelopment plan on how that money is spent. City Manager Hooper stated we have the ordinances, resolutions and studies completed. Now they just need to send them to the County and see if they are complete in a format that they are willing to say they are going to sign off. The County rightfully so because half the money that comes into the CRA is County money. The other half is the City's money. That is only because our millage rates are about the same. If the millage in the County and City were grossly different, then it wouldn't be a 50/50. Councilwoman Lichter questioned the cities no longer being in control of it. City Manager Hooper stated some cities have said that. Two cities had delegated authority and had some controls. The other cities in the County never had control. They had to submit a CRA plan to the county just like we are doing and go through the process. There has been a lot of discussion of really what that control meant. Councilwoman Lichter stated there is no harm in letting City Manager Hooper submit the paperwork but she needs more in depth information. It is a not so familiar subject to her. Is the land that the high school decided not to use that we put aside near the college thrown into this too? City Manager Hooper stated yes, everything inside the FIND property that we are buying is inside the CRA. It was the consensus of Council for City Manager Hooper to submit the paperwork to the County. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. City Attorney Cookson had nothing at this time. city Manaqer 1) Cancel/reschedule meetinq of February 18, 2002, due to holiday (President's Day) Page -12- Council Regular Meeting January 7, 2002 ~ ""'" city Manager Hooper informed the Council they needed to reschedule the meeting of February 18th due to it being a holiday. He suggested having one meeting in February on the 11th. It was the consensus of Council to hold the meeting on February 11th. City Manager Hooper reminded the Council of the Workshop on February 5 th . Mayor Schmidt reminded City Manager Hooper about the letter he will need for the MPO for Council's support on lighting and speed limits. city Manager Hooper informed him they are done. CITIZEN COMMENTS/CORRESPONDENCE Doris Hill, 112 Lincoln Road, informed Mayor Schmidt that nobody has worked any harder to get people to come to these meetings than she has. There are probably very few people tonight that she hasn't called at some time or another. She has made that her vocation so she resents that. She also resents the fact that he doesn't want to hear from them. She doesn't come up here because she enjoys it that much but she does care about her city. When she sees things that she thinks are wrong she is going to talk about them. That is her right. Ms. Hill stated what they are talking about she has come up here three or four times and said the same things over an over but it hasn't gotten through to any of the Council what she has been talking abut. They are talking about zoning. Zoning has its uses and it has its limitations. When you have business zoning that impacts residential, you have to give them every consideration and the Council is not giving them that consideration. That is the number one point she is trying to make. Ms. Hill stated restaurants can not have bands or entertainment unless it is a conditional use. It is right in the Codes and Ordinances. They have spent ten years on this and it came before Council and they have already approved it. Most of it has gone through both readings and it becomes part of our Codes as soon as it is signed. There are a couple of sections that have only gone through first reading. She suggested before they to the next meeting so they can talk it over that they really study it. She doesn't want to be told that she can't come up here and speak. Richard Jones, 1530 Sabal Palm Drive, stated the reason he came was because of the CRA being on the agenda and this is a realization that goes back to 1992 or 1993 when he was on the Economic Development Board and he is happy to see this coming through. He is concerned about the County's involvement and what they are going to do with the excess funds that are made available as a result of the CRA decision on where they are going to freeze the tax dollars and the excess over that would become available for redevelopment. City Manager Hooper stated the money that comes to the CRA is from two sources, the City and the County. Those are a roughly 50/50 split and that is why the County demanded some say so. In the areas they had delegated before, they were giving their money to those two cities and had zero say in how that money was spent. They are saying that is County ad valorem tax that is going into CRA and to be spent in a certain way and they wanted to have some say so in how that is spent. Page -13- Council Regular Meeting January 7, 2002 "" ...."" Mr. Jones stated so there is still the possibility that they would be trying to allocate some of those funds to their own projects. City Manager Hooper explained what they do is in the beginning they approve a redevelopment plan. That is what the city is going to submit. A list of the things the city wants to spend the money on and the order in which we want to spend them. That is the only involvement the County has. They approve that and if the CRA wants to change that, they have to come back to the City and County and ask. He spoke about New Smyrna having 100% control of the funds that were available as a result of the CRA. That is what he was looking for in Edgewater. City Manager Hooper stated you have 100% but you have to present them on how it will be spent. After they approve, it then you are done. Councilwoman Lichter asked Mr. Jones when he was Chairman of Economic Development was there a particular area that Board came up with for this kind of thing. Mr. Jones stated there were five specific areas they had selected. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:37 p.m. Minutes submitted by: Lisa Bloomer Page -14- Council Regular Meeting January 7, 2002