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02-27-2006 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 27, 2006 7:00 P.M. COMMUNITY CENTER MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Michael Thomas Present Councilwoman Debra Rogers Present Councilman Dennis Vincenzi Present Councilwoman Harriet Rhodes Present Councilwoman Judith Lichter Present City Manager Kenneth Hooper Present City Clerk Susan Wadsworth Present Paralegal Robin Matusick Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Regular Meeting of December 5, 2005 Councilwoman Rhodes moved to approve the December 5, 2005 minutes, second by Councilwoman Lichter . The MOTION CARRIED 5-0 . B. Regular Meeting of December 19, 2005 Councilwoman Lichter moved to approve the December 19, 20056 minutes, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS Page 1 of 42 Council Regular Meeting February 27, 2006 A. Nancy Christman, Intergovernmental Coordinator, St. Johns River Water Management District, presenting a ceremonial check for $80,000 for the Eastern Shores Stormwater Project Director of Environmental Services Terry Wadsworth introduced Nancy Christman and Ann Moore of the St. Johns River Water Management District. He further commented on the stormwater improvements to be done in Eastern Shores. Nancy Christman congratulated the City and staff on the project. She then went over the information she included in the Council’s packets. Ms. Christman introduced Ann Moore, who presented the City with a check for $80,000 to Mayor Thomas for the Eastern Shores Stormwater Project. She spoke of there being a number of opportunities out there for the City to have some of the funds they have relating to water. Sixty-three percent of their over $1.5 million dollars is being allocated to various cities and the County within Volusia County. Mayor Thomas commented on how much St. Johns does for the City and Volusia County and thanked them. B. Mayor Thomas presenting Cedric Stevens a plaque for his 20 ½ years of service with the City of Edgewater Deputy Director of Environmental Services Brenda Johnson presented Cedric Stevens with a plaque for his service with the City. C. Chief Ignasiak presenting Gary Conroy a plaque for “Officer of the Year”. Police Chief Ignasiak commented on reasons why Gary Conroy was chosen as “Officer of the Year” and presented him with a plaque. Officer Conroy stated he couldn’t take all the credit and recognized Sergeant John Taves who taught him everything he knows about investigations and Chief Ignasiak for being a great leader of the department. 4. CITY COUNCIL REPORTS Page 2 of 42 Council Regular Meeting February 27, 2006 Councilwoman Rogers mentioned the MPO workshop she would be attending in the morning regarding traffic. She agreed to report back at the next meeting. Councilwoman Rogers commented on phone calls she received from residents in Florida Shores regarding the road resurfacing and concerns regarding the speeding on some of the roads between SR 442 and Roberts Road. Councilwoman Rogers spoke on working with some individuals on road resurfacing issues in the Wildwood Subdivision. She also agreed to report back on this. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes commented on being able to pay your utility bill online. She further commented on an instance where she used the feature and she received her bill and it had doubled. There was a message on the bottom of the bill letting her know she had put in the wrong security code. She spoke to Finance Director Jon Williams and apparently she is not the only one this happened to. He has fixed it now so if you put the wrong number in it tells you right away. Councilwoman Lichter reported on the WAV meeting she attended two weeks ago. One reason the WAV group voted to postpone the acceptance of the plan they have been working on for quite some time was at the last minute WAV and the engineer they hired, St. Johns, came in with a few different ideas than had been concluded by the engineers report. WAV decided to postpone any vote on that matter until the April meeting. The WAV group also agreed to reinstate the Managers Advisory Committee, which has been very helpful in the past in terms of funding. They will be meeting the first Wednesday in April and not the normal meeting day next month. Councilwoman Lichter mentioned having an interesting time in Hawaii with her eighteen-year old granddaughter. Mayor Thomas commented on meetings he has been attending. He spoke of being 60% complete with his goal on meeting all the City employees. He is really enjoying it. 5. CITIZEN COMMENTS Page 3 of 42 Council Regular Meeting February 27, 2006 The following citizens spoke: Jeanne DelNigro , 3130 Tamarind Drive, stated the land on Airpark Road was supposed to be for the animal shelter. She spoke of not being able to use that land because of it being a dumping site. She spoke of purchasing land from the County for $200,000 and the City decided to put the animal shelter there. She stated to design the building it is costing $35,000. The City hired a director for $50,000. With her benefits, that will range between $60,000 and $70,000. Now we are going to borrow $500,000 for the building. She questioned where this is going to stop and questioned who is going to run this. City Manager Hooper explained the shelter had been on the referendum for a half a million dollars to construct the shelter. They originally looked at the site on Airpark Road and was determined it could not be used. They added one position, the Shelter Director. We have two animal control officers that have always been with us. He commented on there being an attached amount of millage that goes with that, which is for construction only. The primary purchase of the site was for water and sewer. He commented on there being an ability to share this site. He further commented on the actual operation of the shelter coming from a variety of sources. Ms. DelNigro asked if their taxes would go up. City Manager Hooper informed her they would have the voter approved millage amount to pay the half a million dollars. Councilwoman Lichter mentioned the building shrinking in three years because what it would have paid for three years ago would have been a larger building than it is at this moment. City Manager Hooper informed the building has not shrunk. Quotes have been taken. They have three contractors that are giving prices and working with the architect to maximize the building and structure they can build for that half a million dollars. They are still in the process and this will come back in the near future of a contract with one of those contractors and a set of plans they will be able to see. Mike Visconti , 316 Pine Breeze Drive, mentioned an article in the Observer entitled “Edgewater City Hall may be getting facelift”. He has attended many Council meetings and has spoken on many issues. One issue he has spoken Page 4 of 42 Council Regular Meeting February 27, 2006 many times on was still the new City Hall. He spoke of serving on the City Hall Siting Committee back in 2001. He commented on the three sites chosen by the Committee. He mentioned the money being spent for the Police/Fire Facility and Animal Shelter. He feels the priorities are in reverse. He read in the newspaper that Councilwoman Rogers would like to purchase the Wachovia Bank property at a cost of $15 million to $20 million. Councilwoman Rogers stated she knew that was in the paper but what was not in the paper was she was talking about a site and she also had a backup plan for the purchase of a site and that was the dredging material we have in the intracoastal that she has been told has a value between $4.5 million and $6 million. The $15 million to $20 million valuation, which was published in the newspaper, she believed, was quoted by City Manager Hooper. She believed City Manager Hooper later pulled the Volusia County Property tax records and realized the valuation of that property was very low. She didn’t believe that property would be at $15 million to $20 million especially when you look at the Regions Bank site and the fact that they were going to let that go for $2 to $2.5 million. She believed there is a contract on it for around $2 million. If they don’t start doing something now and looking into the future, we are going to miss these opportunities. Right now we have to create the opportunity because the opportunities have passed. Mr. Visconti then commented on the site where the CVS Pharmacy and the Best Western Hotel site. That piece was for sale in the late 1980’s for $40,000. Then it went up to $80,000. That property was for sale for $500,000 in 1994. He mentioned it to the City Council back then, with Councilman Hays questioning where they were going to get the money. He felt that was a big mistake. The City could have had the Library, a Police Station and City Hall all in a beautiful location. Mr. Visconti stated in the same article he read the City is renovating the existing City Hall at a cost of $1.5 million. He questioned where the employees would go while the renovations are taking place and if the City would have to rent some property somewhere. He suggested if the City is going to spend $1.5 million to renovate it and then tear it down in seven years, that they tear it down and use the $1.5 million for a new one on the existing site. He spoke of labor and materials costing more in the near future. He commented on needing a new City Hall with the way the City Page 5 of 42 Council Regular Meeting February 27, 2006 is growing. He urged the Council not to wait another five or ten years due to property values, labor and materials going up. The time is now. Mr. Visconti commented on being in Edgewater for thirteen years. He loves the City and he does whatever he can for the City. He presented some suggestions on how to get approval from the taxpayers for a new City Hall. City Manager Hooper informed the Council they haven’t decided to spend anything. He commented on a discussion of preliminary plans being in the newspaper. He spoke of Council being presented with more options when they go through the budget this year. He has been in contact with Wachovia. It’s assessed at a very low value. They haven’t decided whether they are interested or not. They will get back with us. Council hasn’t given any direction. They have only had a staff report. Mayor Thomas mentioned working with City Manager Hooper and Director of Environmental Services Wadsworth on something that will make the citizens of Edgewater very happy. Tracy Card , 3035 Orange Tree Drive, asked Council if they had authorized or asked Code Enforcement to continue the enforcement about the code issue with the FEMA trailer. Councilman Vincenzi stated they are probably just doing their job. Ms. Card stated she was here in October and Council asked them to leave the Card family alone while they sorted through this mess. They don’t feel they are in violation of this code to begin with. They are in the trailer under an exemption that allows them to live in it as a result of a natural disaster yet the harassment continues. This time it was by letter to FEMA with no copy to them. They were forced to go to federal court to get a temporary restraining order against FEMA because the City Code Enforcement told them they wanted the trailer out of st Edgewater by March 1. She asked if they can look at the Code and show her where they are in violation. If they are not, she asked that they please leave them to get this settled. They are going to court on the insurance matter in June. Page 6 of 42 Council Regular Meeting February 27, 2006 Councilwoman Lichter stated in good faith, she didn’t think one of them knows every letter that Code Enforcement sends out. She realized she had a problem. She had no idea of the status of that situation. Ms. Card questioned why Code Enforcement isn’t directing this to her. Why are they going behind their backs to FEMA? She feels if there is a violation on their property, they need to go directly to them. They still don’t feel they are in violation of the Code. They brought them a copy of the section of the Code and they are not in violation of the Code the way it is written. Councilwoman Lichter stated she thought it had to do with FEMA wanting their trailer back. Ms. Card stated FEMA never asked for their trailer back until the City said they were in violation of the City Code. City Manager Hooper stated it is a complex subject. FEMA has asked the City if we have ordinances that would allow that temporary housing to be in place. During Hurricane Charley, they allowed temporary housing to go in in a handful and our condition was you had to draw a building permit to have your normal residential house being repaired and then you could place a trailer. He spoke of having Code restrictions that do not allow you to live in a trailer in Florida Shores or any other subdivision. FEMA contacted the City and asked if the City was going to take action. He commented on trying very hard to help. We haven’t taken any action. We have noticed FEMA that according to our Codes we believe that you cannot stay there forever and FEMA has started that process. He knew Paralegal Matusick has spoken to Ms. Card’s attorney. He thinks there is an injunction, he doesn’t have a copy yet, dealing with FEMA that has noting to do with the City. We haven’t issued any kind of requirement. We are going to st make that decision made on March 1 unless Council tells them they don’t want that decision made. We have given st until March 1 with the discussion of FEMA before the City would issue a violation. Ms. Card asked City Manager Hooper to look at the Code and show her where they are violating it. She mentioned there being no time limit specified. Fire Chief Barlow stated the part she is referencing is campers maintained in a residential area, which essentially Page 7 of 42 Council Regular Meeting February 27, 2006 is a non-permitted use in that area. He mentioned a camper in a residential area is permitted in the Code provided you are a visitor. You would obtain a permit from the City Clerk, which is for a two-week period. As City Manager Hooper stated, they have been working with FEMA and Ms. Card in an effort to try and resolve this issue. She has been living in a camper at the address she stated. They have not issued a notice of violation to FEMA and they do not plan to send a notice of violation to FEMA. If the notice of violation is issued, it would be issued to Ms. Card considering she is the property owner and she will be provided a reasonable time period to correct that violation. If she doesn’t correct it, then it goes to a citation and she will have the opportunity to stand before the Code Enforcement Board and explain her situation. Ms. Card asked if she could request this matter go to that board to resolve this. Councilman Vincenzi stated not unless Fire Chief Barlow follows his procedures. Ms. Card stated Paragraph G gives the exemption that allows you to live at a residential property in a camper if it’s a result of an emergency or a natural disaster. Natural disasters and emergencies can last a long time. There is no time limit. The only time limit reference in that section is if you are a visitor. Councilwoman Lichter informed Ms. Card it would go to the proper Board and that is a very legal thing. Ms. Card stated please let me get there. Councilwoman Lichter informed her it follows a process. She also mentioned her being in the trailer a couple of years. Ms. Card informed th her they have their trial coming up on June 5. As far as not contacting FEMA, they told her they received a letter from Paralegal Matusick stating they had to be out of the st trailer by March 1. That is what started the action from FEMA to try and evict them. They did get a temporary restraining order. This is in the hands of the U.S. Attorney now, not the Orlando FEMA office. Any comments or remarks about whether or not they are in violation should be coming to them. They shouldn’t hear it from someone from FEMA who hands them an eviction notice. The reason they started this was because the City contacted them and they want this trailer out. They need time to get through the legal realm. Mayor Thomas asked her how much time she needs. Ms. Card st stated the trial starts June 1. Also Building Official Page 8 of 42 Council Regular Meeting February 27, 2006 Dennis Fischer told her, he sent her a letter, she received thth it January 18 and it was dated January 10. He said he was going to forward the final questions they have as far as the repairs to the Florida Building Commission for declaratory statement. She never received a copy of that and would like a copy. That process takes 90 days. If he sent it, they should be looking at a month and a half before they get a decision on that. They are doing the best they can to resolve this as soon as possible. Councilwoman Rhodes asked Ms. Card if she asked Mr. Fischer for a copy of it. Ms. Card informed her she hadn’t but stated she called him last week and he said this takes time. Councilwoman Rhodes told her to contact him and again and ask him for a copy. Ms. Card stated they are going back and forth on the issues. They are waiting for an official determination from the Florida Building Commission on the repairs and it does take time. Councilwoman Rhodes stated and she thinks everyone on the Council is willing to give her all the time she needs. Ms. Card stated but she would like the opportunity to have someone who understands the code sit down and look at it and say wait a minute she’s right or no your wrong and this is why. Here is where it says it right here. Councilwoman Rhodes asked who she would like to do that. Ms. Card asked if she could be put on the agenda for the Code Enforcement Board to address this issue. City Manager Hooper informed her no. They do not interpret the codes. He is the one that is charged with doing that. When you read the words of the code, it says you can be in the home during an emergency, during a natural disaster. It doesn’t say it keeps going on. Councilwoman Rhodes asked City Manager Hooper to read it exactly as it states in the Code. City Manager Hooper stated the vehicle shall not be used, the mobile home, the vehicle shall not be used for residential purposes except during an emergency or natural disaster. That means during the event or as FEMA declares afterwards, they have a time frame that they say it is still an emergency. That is way long gone. Ms. Card stated the natural disaster for them is still going on. They are still surviving day to day. They haven’t got to recover yet. Everybody that was involved in these disasters is not on the same time schedule. That section of the Code doesn’t specify a time Page 9 of 42 Council Regular Meeting February 27, 2006 frame. Councilwoman Lichter stated that is being determined by a legal body. There is also a procedure. Quite frankly, if something is going to court, she didn’t want to make a decision on it at the moment. Code Enforcement is a very legal board. They have certain powers under certain conditions. She isn’t going to supercede them before it comes to them in the proper time frame. She doesn’t feel that would be right if it goes to court. Ms. Card stated if she goes to the board and ask them to give them the interpretation, their interpretation of the Code to avoid a legal problem where is that so bad. Councilwoman Lichter commented on Mayor Thomas going to her house and giving every bit of consideration to her problem. She has been very sympathetic since day one. She is dealing now in a field where they are talking court and the legal system, a national board, and our own order of doing things. Mayor Thomas stated and this isn’t the place to argue it, right here and right now. He stated Ms. Card has made her presentation to the Council and asked her if she had anything else. Ms. Card asked how this is going to proceed. If they are going to violate her, she urged them to violate her so she can do something. Councilwoman Rhodes stated they are going to make that stst decision on March 1. After March 1, she will either be violated or she won’t and then she will be able to go before the board. Ms. Card asked if they are going to come to her and stop going behind her back to FEMA. Councilwoman Rhodes informed her they would come to her. Ms. Card stated FEMA told her they received a letter from Paralegal Matusick. Rick Rosen , corner of SR 442 and Old Mission Road, spoke of not having a party. As the next door neighbor and future property owner of twenty-three acres he wants to go commercial and also with having a conference call with the property owners of the twenty acres in front of Coral Trace, he asked that the twenty-two additional plots go to twenty-three and allow one house that’s already plotted at the end of Beck’s Grove Road in the Coral Trace. Maybe it would be thought of as an emergency exit for a natural disaster, you never know. There is only one way in and one Page 10 of 42 Council Regular Meeting February 27, 2006 way out on two hundred and something homes. He will come into another part about the drainage issue when they get to Item 6. He spoke of a platted road through the City called Lybrand Avenue. Back when SR 442 was widened, there was an issue about his trucks doing a left turn into his property. He had to tuttle through DOT, approve the left turn lane into his property into his white gates. It was just a matter of him coming off his checkbook for $58,000. The U- turns have been working okay. He feels opening up Lybrand Avenue into a left-turn lane instead of coming twenty-feet further east, make a left turn into possibly Lybrand Avenue. Lybrand Avenue does go into Beck’s Grove Road, which is next to Magnolia Village and there’s one house plotted at the end of Beck’s Grove Road where the water issue problem they are having with the drainage, all of that is going to get torn up anyway. He suggested they allow an additional home and allow the road to have an emergency exit. There was a ten-minute recess at this time. The meeting recessed at 7:45 p.m. and reconvened at 8:00 p.m. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS G. Res. No. 2006-R-01, to borrow $500,000 for the General Fund through Bank of America, N.A. to finance and construct the new Animal Adoption/Rescue Facility Mayor Thomas informed the Council they would be moving this item up on the agenda. Paralegal Matusick read Res. 2006-R-01 into the record. City Manager Hooper made a staff presentation and introduced Mark Galvin, the City’s financial advisor. Mark Galvin , First Southwest Company, Orlando, financial advisor to the City, outlined the process they have gone through and described the resolution. Mr. Galvin recognized Todd Morley, Bank of America, and thanked him for his aggressive bid on behalf of the City. They will st close on March 1 so the cash will be available to be able to pay for the construction of the project. City Manager Hooper commented on working on the final design of the structure. They have quotes that are being Page 11 of 42 Council Regular Meeting February 27, 2006 obtained from two of the three contractors. The object is to try to maximize the construction for the dollars. He further stated Mayor Thomas asked him for clarification on the ballot language. They pulled directly off of the ballot Proposition #4, which he explained at this time. Mr. Galvin stated it allows for up to or no longer than thirty years. This particular financing goes out twenty years. Not only is the interest rate significantly lower than what the maximum was but the average life of the financing is significantly lower also. City Manager Hooper explained the dollars on the tax roll that have to pay that debt service because of increased value will roll back automatically every year. Councilwoman Lichter stated this is for the actual building and explained the Pet Society has been raising money for the past three years to try to furnish it and make a medical room inside. They made $3,000 last week on a yard sale and also are planning larger types of fundraisers. Mayor Thomas opened up the public hearing. The following citizens spoke: Dominic Capria , 606 Topside Circle, stated he knows they voted for it and he knows they have to go forward with it. He asked how much is in the reserve fund. Finance Director Williams informed him $1.2 million. Mr. Capria commented on the $5.5 million that the City received from FEMA and he knew a lot of was being spent to replace what was lost. He believed the City is spending more on projects that didn’t exist which is good too. He expressed concern with $500,000 being a lot and yet it is not a lot. He commented on the interest that will be paid for all those years and suggested taking some money out of the reserve to lower what they would be paying per year. City Manager Hooper stated currently the City isn’t even at the fifteen percent. Every year Councilwoman Rhodes beats him up that we’re not quite there. Councilwoman Rhodes informed him he would be getting it again this year so to be ready. City Manager Hooper informed her but we’re getting closer. Page 12 of 42 Council Regular Meeting February 27, 2006 Carol Ann Stoughton , 2740 Evergreen Drive, feels the City does need the Animal Shelter. She just heard the City has a reserve fund. She asked how much debt we are in. If we have a reserve fund, do we have a debt because her taxes are a $1,000 more than two years ago. She again asked how much we are in debt currently. City Manager Hooper informed her we are in debt for a variety of projects. Ms. Stoughton informed him she wanted a money figure. City Manager Hooper informed her he could get her a money figure but not sitting right there. Ms. Stoughton asked if they had an approximate amount. City Manager Hooper informed her he didn’t. Ms. Stoughton informed him he is the City Manager. City Manager Hooper informed her he realized that but he didn’t have a debt amount. Ms. Stoughton suggested as soon as they can maybe they could find that out before we keep spending. The local people are paying for a lot of these things through taxes. Councilwoman Rhodes stated our Charter only allows us a certain amount of debt. She believed it was .075% we’re allowed. City Manager Hooper stated that is to go into new debt. The City has bond issues back to the 1980’s. Councilwoman Rhodes stated she wasn’t talking about bond issues because bond issues are voted on by the voters and they don’t have control over that. Councilwoman Rhodes mentioned still paying for roads in Florida Shores. Ms. Stoughton stated she could have $10,000 in savings but her debt could be $50,000. She would like to know that and she thinks the people want to know it. Councilwoman Lichter stated there were referendum items and this one happened to pass. The City used to pay the humane society $40,000 a year for being part of their facility. For three and a half years, the Pet Society has taken care of and fed at no expense to the City, with a saving of that money. We do really need this shelter. Councilwoman Lichter commented on all of the items on the tax bill going up. Ms. Stoughton stated back to the point she asked for. She voted for the Shelter. Her taxes have gone up. She hasn’t gotten any more in services. That is the census of the people she meets on the street every day. She wants to know the debt and felt the town should know it. If it’s too high, she feels there should be an audit by an independent outside agency to find out where we stand as a City as to our worth, our debts and are moneys set aside. Page 13 of 42 Council Regular Meeting February 27, 2006 Councilwoman Rhodes informed her every year we are audited and every year that information is available. Ms. Stoughton informed her she would like to see it. She would also like the newspapers and the public to see it. Councilwoman Rhodes stated it is all done publicly. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve Res. 2006-R-01, to borrow $500,000 for the General Fund through Bank of America, N.A. to finance and construct the new Animal Adoption/Rescue Facility, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . City Manager Hooper informed Mayor Thomas that includes authorization for Mayor Thomas to execute all documents just for clarification in the motion. A. Public Hearing, Matthew Markofsky requesting an amendment to the Coral Trace RPUD (Residential Planned Unit Development) Agreement B. Public Hearing, Matthew Markofsky requesting replat approval for an additional 22-lots to be located within the Coral Trace subdivision City Manager Hooper made a staff presentation. Mayor Thomas disclosed his meeting with City Manager Hooper today at 2:00 p.m. He mentioned three trips he made out to Coral Trace last week. He is afraid the drainage, not under normal circumstances, is going to come out and go under Mission Road and then go north and then backup and then it’s going to go here and then back into this canal and go into the trailer park and go south into here. He stated City Manager Hooper has assured him that isn’t going to happen. His remedy to that would be dig another ditch on the west side of Mission Road which goes down along there that way that water won’t compete with the other water when it backs up. He pointed out a certain place where his feet were level with the trailers and his eyes were level at the base of the houses. He commented on there being almost five feet of fill that these houses are being built on. He said this was a wetland. He stated City Manager Hooper disagreed and told him it was a burnt Page 14 of 42 Council Regular Meeting February 27, 2006 out orange grove. Mayor Thomas stated he has been in that grove where if you didn’t have a four-wheel drive and rubber boots you didn’t go in there. He feels this is very fragile land and is part of the Turnbull Hammock system, which they have to protect. He expressed concern with the lakes interconnecting and the drainage eventually ending up on the other side of SR 442 in the Hammock. He questioned who owns that property and is sure it is private property. He then questioned how come the people were allowed to develop this development in high water and drain their water off on somebody else. Mayor Thomas showed a presentation with a sponge that represented the Turnbull Hammock wetland. He broke pieces off the sponge representing certain portions of that area. He questioned how much they’ve got left once he was done. When is the chipping going to stop? Councilwoman Rogers referenced Page 2 of the Residential Planned Unit Development that was dated October 20, 2003 and stated it says Coral Trace shall not exceed a total of 200 single family dwelling units. On Page 3 Paragraph E Retention Ponds, St. Johns River Water Management approved what they had at that time. The way she is reading that that is for 200 homes, not 222 homes. She expressed concern with what additional impact would these ponds have with these additional twenty-two homes. Matthew Markofsky , Coral Trace Associates, showed a copy of the St. John’s permit for 222 homes, which was given prior to the plat being recorded. Those twenty-two homes were always considered with everyone of their permits. He mentioned Tracts K & L being dedicated to them for future development and that has already been approved by Council. Councilwoman Rogers again mentioned the Planned Unit Development being written October 20, 2003. She questioned why it wasn’t mentioned before to get it straight. Mr. Markofsky informed her they did mention it but they were told to put it on the plat. Councilwoman Rogers questioned it taking them 2 ½ years to do that. Mr. Markofsky stated they were also told that the Board wanted to see the home products and the landscaping and the lakes in and the development 100% completed. They have received the CC from the City and have 150 homes in the ground already. Page 15 of 42 Council Regular Meeting February 27, 2006 Councilwoman Rogers asked Mr. Markofsky if he had a letter from St. Johns indicating that they approved this. Mr. Markofsky stated not only did he have a permit; he had an approval. They have reviewed the site and approved it for 222 homes. Councilwoman Rogers questioned how that affects them with the Planned Unit Development Agreement only for 200 homes. City Manager Hooper commented on a sequence occurring. They have brought the PUD Agreement that said 200. Then after that’s approved, they do their final engineering and that’s where the error occurred with their design engineering and surveyor. They drew lots that were fifty- five feet. Ten percent would turn out to be about the area they would need for the twenty-two units. Councilwoman Rogers stated these plans she has looked at all have fifty-foot wide lots on them. City Manager Hooper stated they were approved for fifty. When their engineer drew them they drew fifty-five. It took all of the acreage, then they realized the mistake after the agreement was done prior to the plat. They don’t get the plat until the approvements are put in place. Between those two steps was when they realized they had fifty-five instead of fifty foot lots. They reserved this tract. He advised them at that time until they could show a product that the Council would see of these homes so Council could determine whether they liked them or not, he told them not to do anything until they get those things completed. This is the first of this type of subdivision. He mentioned the previous Council going on a trip to the Melbourne area to look at the finished product, which looks entirely different than when it is under construction. The error occurred between the development agreement being approved and the final plat. The zoning was in October 2003 and October 2004 was the final plat. Mr. Markofsky informed Mayor Thomas an Army Corp permit was required on this job because they do have the wetlands. The two larger tracts on the end of the yellow area are wetlands and they have gone through the whole 90-acre site to dedicate that and they had to deed that land over to St. John’s as part of their Army Corp permit. Mayor Thomas asked if they are building right to the north boundary. Mr. Markofsky informed Mayor Thomas up to the wetlands. Whatever is dedicated as wetland obviously they Page 16 of 42 Council Regular Meeting February 27, 2006 aren’t touching that. Mayor Thomas then asked the north lot line. Mr. Markofsky informed him they would. Army Corp and St. John’s didn’t deem that area wetland. Mayor Thomas wondered if they had been there. Mr. Markofsky informed him they actually have just been there to put up their St. John’s sites. Mayor Thomas stated you can go there right now and it’s dry as a bone. If you go there in September, he guaranteed it’s a different story. He feels they will just have to see. That is his terminology and his guess what is gong to happen but City Manager Hooper has assured him he is wrong. Mr. Markofsky stated their engineer of record did supply the letter saying the drainage system does maintain that water based on the hundred-year flood that is printed out from FEMA. Mayor Thomas mentioned the water trickling out right now. Mr. Markofsky blamed it on the three hurricanes. It is very unusual to have hurricanes back to back through their development process. Mayor Thomas was concerned with the runoff because of all the concrete. Mr. Markofsky informed him an engineer would tell him that if a subdivision were developed with the infrastructure they would have less runoff than they did before. Mayor Thomas stated he is not saying he is an engineer. He’s just a good old boy that has been here thirty-four years and he knows which way water flows and he knows which way water flows out there. Councilwoman Rogers then referenced Item 7, which states when the duration of the construction will exceed one year the permit committee shall submit construction status reports to the district on an annual basis. Mr. Markofsky assured her they are done and are in complete compliance. He again informed her they had been approved by St. John’s for 222 lots. City Manager Hooper stated when they are saying the construction, they are talking of the drainage, the infrastructure, the inlets, and the pipes. Councilwoman Rogers asked if St. John’s comes in and physically looks at the site. City Manager Hooper stated both things occur. Our engineers sign off and accept it. Their engineers certify to St. John’s certification and completion that it’s done in accordance to the plans and Page 17 of 42 Council Regular Meeting February 27, 2006 then St. John’s comes out and does their own checking. He mentioned using all of our engineers because of there being a fair amount of controversy about the water leaving the site. Mr. Wadsworth has reports of all our engineers looking at it agreeing that the Beck’s Grove Road solution they came up with to move the water from here over the Hammock underneath Old Mission is the best viable choice to do that. Councilman Vincenzi stated one thing he doesn’t like is when people come in at the last minute with little pieces of paper. He’s sure they have their permit and he’s sure it is valid but they didn’t know about it before. He stated they have the RPUD that they agreed to a year or two ago that says up to 200 homes. He doesn’t see any reason to modify it. Councilwoman Rhodes felt Mayor Thomas had a point about the south side of Indian River and questioned if that has been designated as a conservation corridor. Mayor Thomas informed her that is correct. He asked who owns that property. Councilwoman Rhodes stated she was fixing to find out. City Manager Hooper stated it has been designated by our land use as conservation. Councilwoman Rhodes stated so it could not be developed. City Manager Hooper stated it could not be developed under the City’s set of rules and regulations unless there was a change requested. The District is looking to purchase more of the Hammock to take that water, go south, it goes into the Mims/Scottsmoor area, the north Indian River. That is one of targeted projects to purchase using Florida Forever money. It is pretty much all in private ownership right now. There are scattered parts that have been done for mitigation by the County, by private land developers in that area. Councilwoman Rhodes stated but the intent of this Council and this City at this time, she realized anywhere down the road another Council can change it but at this point in time that is not developable. When Coral Trace first came before the Council that portion had, whether they drew it wrong or not, it was intended there would be houses there. That was the intent and she doesn’t feel twenty-two more homes are going to impact anymore than they thought it would impact in the first place because they anticipated there would be houses there anyway. She doesn’t see a Page 18 of 42 Council Regular Meeting February 27, 2006 compelling reason why they can’t have twenty-two more houses. Councilwoman Lichter feels more comfortable knowing the south side of Indian River is a conservation area. She didn’t know in the future a potential source for water usage in the future can be some of the underneath wetlands. That is one area that water could be obtained eventually for drinking water. Mayor Thomas stated all that does is filter the water. Councilwoman Lichter stated she is very comfortable with this at the moment. She mentioned she wanted to ask Mr. Rosen about his intent to put commercial establishments on his property. She wasn’t sure if he meant Mission Road or SR 442. Mayor Thomas stated the problems he had was the little swale on Beck’s Grove Road was supposed to take the water, which it did not. Now they are coming in with a bandaid fix to dig a canal and dig a culvert under Mission Road to go there. He questioned how they can give somebody permission or tell them it is okay when their runoff will run off to somebody else’s property. This doesn’t sit well with him. Mayor Thomas stated the final discussion he had with City Manager Hooper was if they would get sued if they vote no. The answer was yeah. Do they have a good chance of winning? Yeah because of the plans that were laid in place. Councilwoman Rhodes stated if you have a compelling reason then you won’t get sued. Councilwoman Lichter stated you might win the case but you could still get sued. Councilwoman Rogers commented on having a fix on the issue with Beck’s Grove Road but not knowing if it is a good fix. City Manager Hooper explained all of the city engineers as well as the County have described it is a good fix. The County permitted the fix. Councilwoman Rogers expressed concern with any delineation of the extent of a wetlands or other surface water submitted as part of the application including plans or other supporting documentation shall not be considered specifically approved unless a specific condition of this permit or a formal determination under section blah-blah- blah determines otherwise. What she was getting at was Page 19 of 42 Council Regular Meeting February 27, 2006 because they have an issue now and because these engineers are saying what they are going to do is going to fix it, they don’t know yet. She asked if that helps them any. City Manager Hooper explained that talks about what are jurisdictional wetlands. He further commented on what would occur if they won. He also commented on what they have done with regard to their compensation for the wetlands areas such as a conservation easement and perpetuity. He commented on what St. John’s looks at with regard to the drainage as far as what leaves the site before and after it is developed. This has less water leaving the site because of the three ponds that have been dug. He then commented on the two types of stormwater requirements, open basin and closed basin. Councilman Vincenzi stated he has been out there a few times and water is constantly running off that property through those lakes. He mentioned these ponds holding a twenty-five year storm event and he can’t see that this runoff is a result of rains from last year or the year before. He feels Mayor Thomas had a good point regarding the water constantly running off into that other area. They had the RPUD negotiated and the fact that they made a mistake on the drawings is really not our problem. It is negotiated for 200 homes and he feels that is what it should stay at. Councilwoman Rhodes stated she would like to know, and she hasn’t seen any evidence, that the extra homes wouldn’t put anymore of a burden on the drainage there than was already anticipated. She suggested they move this to a date certain in the future and have the City Attorney present. Mayor Thomas stated that was another option that he and City Manager Hooper concurred. They could postpone it to a future date and have an engineering company come in and look at it again. They have that option. Councilwoman Lichter stated she thought they were being sued by one developer at the moment. She sees this as a clear-cut obligation to go with the other twenty-two houses. She also sees an obligation that they take care of any future water problems on anybody’s property. She doesn’t mind postponing it until the engineer comes and the City Attorney is present but she isn’t looking for a second Page 20 of 42 Council Regular Meeting February 27, 2006 court case when she thinks they have good grounds to stand on. Mr. Markofsky again stated St. John’s has approved this with the drainage that was there on Beck’s Grove Road now. The City is moving the drainage, which they have contributed $100,000 in the cost to help the City with the drainage problem that they don’t think there is because their St. John’s permit says their subdivision is approved. He stated regarding the RPUD, it was signed by the City and by the developer but the Council approved a plat that is recorded in the public records that says they are entitled to the additional twenty-two lots. The stamped set of City plans has the twenty-two lots with sewer lines and water lines. They have already done the development work. He doesn’t have to do any more work to these lots. Councilwoman Rhodes questioned why they needed to amend the RPUD if he already has what he needs to do this. City Manager Hooper stated he doesn’t. He has approvals for 200 units and that’s where the City stands. He is describing he has put the infrastructure in for the 222. His permits all indicate 222. He is not platted for that number yet and he doesn’t have a development agreement for that number yet. Mr. Markofsky stated he is here to replat those two tracts that were platted on the original plat. On the original plat it says Tracts K & L are hereby retained by the developer for future development in accordance with the City of Edgewater Land Development Code. Mayor Thomas stated if we approve it. Mr. Markofsky stated if you approve it. They have done everything for the Council to approve it. Mayor Thomas opened the public hearing. The following citizens spoke: Mike Visconti , 316 Pine Breeze Drive, commented on when the property was plotted and the fifty-foot lots were introduced. He stated at that time he informed the Council it would come back to haunt them. He feels fifty-foot lots are small and more houses are built on a fifty-foot lot. He commented on when San Remo was developed. When the Council got this for 200 lots, he suggested they make larger lots with less people. He commented on only having Page 21 of 42 Council Regular Meeting February 27, 2006 one way out of Coral Trace. He mentioned when Meadow Lake was a gated community and wanting to reclose one of the entrances and being told they couldn’t so the emergency vehicles could get in and out and Meadow Lake only having 80 homes. He spoke of having a dilemma with no outlets, more homes, more people, more cars, and more service. He told the Council it came back. Rick Rosen , corner of SR 442 and Old Mission Road, informed Councilwoman Lichter he would always ask and would never demand the Council to ever ask if he wants to go commercial. He would always permit a site plan and whatever to be legal. He would never demand, he would always ask. Mr. Rosen informed Paralegal Matusick Mayor Thomas knows the land because he is a hunter. He knows the land because he lives there. He pointed out on a map Lybrand Avenue, which runs between his property and the Coral Trace property. He believed if they didn’t have a problem with the water solution, then twenty-two homes would be a problem. He didn’t believe there would be a water problem adding twenty-two homes when they fix the problem that’s draining on his property now down Beck’s Grove Road. When he stood in front of Council in December the culvert that was put in the wrong place by the engineer, Sue Harpster, he feels the company should be sued by the City. He is about to sue Sue Harpster. If the attorney files a suit on his behalf because they are still draining down Beck’s Grove Road, the City has to turn around sue and sue the developer. They are all here trying to work together. He suggested the Council give the developer twenty-two homes and make the culvert that is in the wrong place now come off of Sue Harpster’s insurance bond and pay some of the developer’s $100,000. When he was here back in December that was supposed to be a water easement to the historical ditch where the drain is draining now on his property on the south side of Beck’s Grove Road go north. There was nothing said about a canal. It’s supposed to be historical ditches and drainage to the pipe to Old Mission. Now they are talking about making it a canal. City Manager Hooper informed him it’s always been a canal. Mr. Rosen stated if you make it a historical ditch with Beck’s Grove Road you make the developer happy about adding houses and a way in and out for emergencies. This isn’t book sense, it’s street sense and it does work. Lybrand Avenue has now an access in off of SR 442 for any kind of emergency into the Page 22 of 42 Council Regular Meeting February 27, 2006 front commercial area or right out the side of one home, which if he isn’t mistaken Beck’s Grove Road will be right there. He suggested they eliminate house number 64, or 63 or 62 and have Beck’s Grove Road right off Old Mission and you have an access. You also have Lybrand Avenue that could T right into Beck’s Grove Road. You also now have a water easement, which is going to be moved so it can go over towards Old Mission Road. He further spoke of the commercial property in front of Coral Trace and the property he owns being commercial property and submitting a site plan to Council and having 46 acres in front and where will it drain. It would either go to the front or side culverts. The developers are now using the new water down the historical ditch. The historical ditch could always be deeper or wider. If you put a road along there just like Old Mission you have it cut out, you have an in and out and Lybrand Avenue you have an in and out. As of December the water is still draining on his property, which it shouldn’t be. Pat Card , 3019 Willow Oak Drive, thanked Mayor Thomas for saying precisely some of the things he said two and a half years ago. When this came up, they talked about the fact that this was going to be the first major development in Edgewater that impacted the Turnbull Hammock. The Turnbull Hammock is listed on the USGS Maps from 1970. If they gave USGS Maps today, he doesn’t think they would consider it the Turnbull Hammock. He thinks when they came through with SR 442 they did a first class job of screwing up the Hammock. The trick now is to save it south of there. His biggest concern is he would really like to know why slamming the gate after the horse has already bolted and is three hundred yards down the road, is going to do them any good. They are looking at ten percent of this. He couldn’t remember how everyone voted on this when it was voted on the first time, but he remembered how far he fought it and he lost. Now it’s over, it’s done with. Let’s get on with it. If we keep doing this to our developers, they are going to find a way to do it to us. People don’t get mad anymore they get even. Marilyn Austin , 3214 Yule Tree Drive, owner with Rick Rosen on the Beck’s Grove Road property, stated their current concerns are they have seen very little progress on the water retention. They continue to be inundated with water after every rain. She noticed there are half a dozen beautiful trees that still sit in the middle of where the Page 23 of 42 Council Regular Meeting February 27, 2006 drain is. She asked when, if ever, would this be finished. The gate prohibiting traffic from Coral Trace onto Beck’s Grove Road has been knocked down, it’s gone and there is regular traffic going in and out of there, which was never supposed to happen. She isn’t against twenty more houses there. Her concerns are they were assured a long time ago there was never going to be a concern of water coming out of that culvert to start with, which they took nine months to get straightened out. The culverts in the wrong place, which took nine months to get straightened out and they still see no changes taking place. If this same engineering that put the culvert in the wrong place says all the drainage concerns have been resolved, she questioned this as well. Adding twenty-two more homes certainly changes the amount of water runoff and the ability of the land to absorb any more water. She wasn’t saying to definitely turn it down, but that no further building needs to be done until the initial problem as it stands has been resolved. If 200 homes are going to be more than that canal can take, then why add twenty more to the problem because then it will become Magnolia Village’s problem because they will be the next one to catch the flood. Councilwoman Rhodes agreed. Mr. Rosen asked Mayor Thomas to show the people of Beck’s Grove Road and the road with the trees in it. City Clerk Wadsworth put the photo on the screen. Mayor Thomas stated that picture must have been taken today because they just removed the tops of the trees today. Mr. Rosen pointed out where the drain was placed and where it is being moved. He pointed out where to make a road off of Old Mission. He spoke about having an emergency exit out the back of Coral Trace. Councilwoman Rhodes pointed out Ms. Austin stated the gate was knocked down and regular traffic is going in and out of there and they don’t want that. Ms. Austin stated they don’t want this until the problem is resolved. The road is running through their property still. The canal is going to be moved and the road is going to be moved off of their property. Right now they are using their property. Mayor Thomas asked the developer if there is a pipe running from the lake to Beck’s Grove Road canal. Mr. Markofsky informed him yes. Mayor Thomas then asked if they plan on building houses over that pipe. Mr. Markofsky informed him no, there’s a ten-foot easement. The lots Mr. Rosen was Page 24 of 42 Council Regular Meeting February 27, 2006 talking about you’re going over wetlands and the Army Corp would never permit going over wetlands. Mayor Thomas stated oh now it’s a wetland. Mr. Markofsky explained you wouldn’t be able to go over any of the green area. Mr. Rosen pointed out Lybrand Avenue and Beck’s Grove Road touches their property. Mr. Markofsky stated they bought the land from the commercial owner who owned the twenty-two acres in front of their property. The whole property went in for one permit. These people have drainage pipes that are draining into their lakes. The culvert is already there. The twenty-two acres are draining into their lake and it was approved by St. John’s. Councilwoman Lichter stated it seems to her with 222 houses, there should be an emergency exit onto Old Mission somehow. She asked Mr. Markofsky is that is a possibility with this plan. Mr. Markofsky stated they do projects in about ten counties in the State of Florida. They do deal with emergency exits where it is feasible. If they don’t own the land to do a secondary exit or FDOT or the County won’t issue a permit, a city or county can’t land lock a property owner, which is why this project was approved with one gated access. Councilwoman Lichter stated so the answer is it doesn’t seem feasible to have a second exit. Mr. Markofsky stated that is what the engineers and DOT told them. Councilwoman Rhodes mentioned the developer saying the neighboring property is draining onto their land and the neighbors saying Coral Trace is draining onto their property. Mr. Markofsky stated his permit is a shared permit. They applied for the permit with the commercial owner. Their contractual obligation with that commercial owner was to get permits for their site. The St. John’s permit is for the 222 units and the commercial twenty-acre parcel. Mr. Rosen and his partner might not know it but they are going to be draining into the three-lake system. Mr. Rosen stated he is wrong and asked City Manager Hooper to tell him the layout was wrong. City Manager Hooper explained the permit is for the whole acreage. Mr. Rosen stated it isn’t for his property. Mr. Markofsky stated the front twenty-acre commercial parcel in front of Coral Trace Page 25 of 42 Council Regular Meeting February 27, 2006 is part of their permit and they are draining into their lake system and the pipes are already existing. Councilwoman Lichter asked when they thought the other situation would be rectified. City Manager Hooper stated they are two weeks from having completed that. Councilwoman Rhodes moved to postpone this until April 17th and she would like an independent engineer and City Attorney Rosenthal here for that meeting. City Manager Hooper stated Quentin Hampton did the review and did the work and asked Council if it was acceptable to have Quentin Hampton review that one more time and bring them more data. It was the consensus of Council to have Quentin Hampton. Councilwoman Rhodes also suggested they should have copies of the St. John’s permit. She stated at some point, they cannot second guess St. John’s and the Army Corp. We can’t do their job and they have to trust in most cases they are doing their job and doing it correctly. Paralegal Matusick clarified Items 6A & 6B. Councilwoman Rhodes informed her yes. Mayor Thomas asked if the study would be done by then. City Manager Hooper informed him it would. Councilwoman Rogers seconded the motion. The MOTION CARRIED 5-0. There was a ten-minute recess at this time. The meeting recessed at 9:10 p.m. and reconvened at 9:20 p.m. st C.1 Reading, Ord. No. 2006-O-05, J.C. Carder requesting annexation of 28.56+ acres of land located north of Godfrey Road and west of the Indian River Paralegal Matusick read Ord. 2006-O-05 into the record. City Manager Hooper made a staff presentation. Councilwoman Rogers stated currently the zoning is agriculture and low density with conservation overlay. Page 26 of 42 Council Regular Meeting February 27, 2006 City Manager Hooper stated current in the county is Urban Low Intensity land use and Urban Single-Family Residential county zoning. He then asked Director of Development Services Darren Lear if he knew how many units that would entitle them to in the County. Mr. Lear informed him the max is four units. Councilwoman Rhodes stated she is in favor of annexation because it allows them to exercise some control over it. We make the decisions instead of the County. Councilwoman Lichter stated when you annex land in and it’s not being used, is there a tax benefit just for having the land in the City. City Manager Hooper informed her yes. The City receives the City’s portion of what that tax bill would be. Mayor Thomas asked Mr. Carder if he had any plans for that property. Mr. Carder informed him no. Mayor Thomas opened the public hearing. The following citizen spoke: Dot Carlson , 1714 Edgewater Drive, on behalf of ECARD, stated she didn’t think land should be annexed in until they know what the use is going to be. They could end up with a situation like Coral Trace where all of a sudden it is a big mess. Councilwoman Rhodes stated when they annex it in, when they ask to do something with it then the Council can decide whether they want them to do that or not. Ms. Carlson felt that was fair enough as long as it is used responsibly. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve Ord. 2006-O-05, J.C. Carder requesting annexation of 28.56+ acres of land located north of Godfrey Road and west of the Indian River, second by Councilman Vincenzi. The MOTION CARRIED 5-0 . st D.1 Reading, Ord. No. 2006-O-04, James Morris, agent for Charles and Phyllis Barry, requesting Page 27 of 42 Council Regular Meeting February 27, 2006 an amendment to the Comprehensive Plan Future Land Use Map to include 5.04+ acres of land located south of SR 442 and west of Old Mission Road as Commercial with Conservation Overlay Paralegal Matusick read Ord. 2006-O-05 into the record. City Manager Hooper made a staff presentation. Councilman Vincenzi asked if this is the piece of property that is fenced and cleared. City Manager Hooper informed him it is fenced and cleared. DOT when they widened SR 442 they put a drainage retention pond back there. Councilwoman Rhodes questioned why the County objected to this being commercial. City Manager Hooper stated the County objected because this was close to the Hammock. The County’s primary objection was the distance from the interchange and at what point you went into the Hammock, the wetlands area verses what point you still have uplands. This has been cleared. This is an uplands area and has no conservation or wetlands on that site. Councilman Vincenzi asked if it has been cleared and filled or is that naturally the way it is. City Manager Hooper thought there was some fill involved. It’s probably fill from when DOT did the pond and it has been filled over a period of time but he didn’t know for sure. Mr. Morris agreed to discuss this when it was his turn. Councilwoman Rhodes questioned what was next to it. City Manager Hooper informed her it is vacant on both sides. There’s a borrow pit to the back that has been mined for shell. Councilwoman Rhodes stated as a rule she is in favor of commercial because she thinks if you are adding houses you should be adding jobs for the people that live in those houses. She wasn’t too sure about this. In fact, she’s sure she doesn’t like it. Mayor Thomas told her to wait for his comment and then she could make her decision. Councilwoman Rhodes stated she really didn’t like the commercial only because even though there’s no plans at this time if it’s commercial then there will be plans so she might not be in favor of this. Page 28 of 42 Council Regular Meeting February 27, 2006 Councilwoman Lichter asked City Manager Hooper if something is designated resource corridor, how does commercial fit in. City Manager Hooper stated you wouldn’t have commercial in resource corridor. Resource corridor is the adjacent portion. This particular piece of land is low impact urban today. The County some time ago by way of aerials picked areas of the County in which they were close to the Hammock. It has a future land use of low impact urban and has a zoning designation of resource corridor. It would be identified as conservation until you do work to determine whether it’s in the floodplain and whether you have wetlands that are there or not. Councilwoman Lichter questioned this piece of property proving itself not to be adequate for commercial. City Manager Hooper informed her they are being asked to approve it as commercial. Their request is a small-scale comprehensive plan amendment to change it from the County’s land use designation to a City commercial land use designation. Councilwoman Lichter questioned if it didn’t meet the requirements, they wouldn’t get permits. City Manager Hooper explained it would go next to a zoning requirement then construction drawings to show they could handle the drainage. It would go through the normal Land Development Code compliance process. He then pointed out where the dividing line is where the elevations fall off and where it goes into the Turnbull Hammock swamp area. City Manager Hooper spoke of the Comprehensive Plan describing commercial development on this side of I-95. Out west of the interchange, it’s all high density and mixed use. Mayor Thomas stated that is part of the sponge right there. When they say commercial, if they wanted to build a fish farm there or a nursery or something like that, that would be compatible with what you already have. Concrete in that area wouldn’t be compatible. Councilwoman Rhodes questioned if they have to do this right now and not twice a year. City Manager Hooper informed her they could do this at any point. This is not part of the City’s transmittal package. Councilwoman Rhodes commented on not knowing what is going to be there and waiting until someone could tell them what is going to Page 29 of 42 Council Regular Meeting February 27, 2006 be there before they did this. City Manager Hooper informed her Mr. Morris might tell them that. Jim Morris, on behalf of the owner Charles Barry, stated the land was cleared and filled in 1986 and it had all the appropriate permits available that were required at the time. He presented Mayor Thomas with pictures and asked him to pass them around to the Council to show them the site. City Manager Hooper asked Attorney Morris if it was in the City when it was cleared or if it was still in the County. Attorney Morris informed him it was in the County. He also pointed out the property was annexed into the City in 1994. Previously, Mr. Barry was represented by another attorney and the City decided the property should have a commercial designation. Any plan amendment, large scale or small scale, has to go to the Volusia Growth Management Commission for consideration. This went to VGMC and the County registered objections but there was never a hearing to resolve the objections the County had. Any County staff member can file an objection. Attorney Morris went on to speak about the Resource Corridor zoning and the corresponding County land use designation, which is Environmental Systems Corridor (ESC). He further commented on this property not meeting any of the criteria for ESC. There are a number of intensities of different land uses that are permitted under the Volusia County Low Impact Urban. He has never seen a situation where property is annexed in over ten years ago and still has the County designation under its Comp Plan. He commented on the annexation process and the County designation changing to a City designation instead of the County designation staying in place. Attorney Morris stated from a standpoint of the City’s Comp Plan and the properties that are in the City’s jurisdiction now and have the City’s plan designation they have shown commercial within this area. It is interesting for him to hear the wetlands to the east referred to as the Turnbull Hammock. He grew up in New Smyrna and has always known it to be the Flow Well Island Swamp but he has accepted they are the same. This property is no longer a part of the sponge. It was cut out a long time ago. From Mr. Barry’s perspective the property should have some reasonable use whether it’s a commercial use, which is one choice. The Page 30 of 42 Council Regular Meeting February 27, 2006 other alternative choices are probably some sort of residential use. With the population growth the City has, there is a need for the City to have more commercial activity within the City fairly proximate to the residential development that can service that. The property as it sits is situated for commercial uses, which is why they requested that. He mentioned having to come back to the City to present a development plan as far as the development of the property is concerned. He commented on everything that has to occur there to protect the Resource Corridor, which is adjacent. He then commented on the marketability of the property. He feels realistically the only other alternative use for the property is probably for multi-family use. From a standpoint of where Mr. Barry sits, he is entitled to reasonable use of the property and the City is entitled to regulate the property so harm isn’t done to adjacent properties. He feels the commercial uses contribute more to what the Comprehensive Plan calls for but also contributes more to the tax base and don’t create a situation creating additional residential traffic. Instead it will work to service the area. He questioned if the City would want to stick residential into that piece of property when there is commercial all the way across on the other side and they still have the buffers adjacent. They think it is the appropriate use and the Planning & Zoning Board thought so too. He feels the property being situated the way it is is a special circumstance that warrants the City’s consideration. If this were Resource Corridor in the County, the County Council would change this because the property doesn’t meet any of the characteristics for the Resource Corridor zoning classification. He questioned the VGMC on how to move this property forward, due to not having a hearing, and basically they have to start over again, which is why they are back here repeating the process. Mayor Thomas mentioned the property being partially cleared and used as a staging area during the widening of SR 442. He questioned if the property was leveled with the fill that was left over from the widening. Mr. Barry stated the State took the back four acres for eminent domain and that was the portion that wasn’t cleared. They dug the shell there for the base of the highway and put the big retention pond in. The property up to that point had been cleared and filled previously. Page 31 of 42 Council Regular Meeting February 27, 2006 Mayor Thomas questioned Mr. Barry not trying to build anything but market the property to sell it. Mr. Barry informed him that was correct. Mayor Thomas stated zoning it commercial would be more beneficial for Mr. Barry. Mr. Barry informed him it would. Attorney Morris informed Mayor Thomas the only thing before them this evening is the Comp Plan designation and that has consumed a fair amount of time. Any rezoning request would have to come back to Council so someone would have to convince the Council whether or not their use as proposed was proper. They recognized the property has sensitivities. He would expect the Council to be attuned to that and to cause it to be addressed. He again spoke of having reasonable use of the land. He informed Council they appreciated their consideration. Mayor Thomas opened the public hearing. The following citizens spoke: Rick Rosen , corner of SR 442 and Old Mission Road, agreed with everything that gentleman just said. Across the street he is annexed into the property. He spoke of running his trucking company out of there also. He will be in front of the City very shortly too across the street, Old Mission West, Coral Trace to the corner is his property and he is going to ask for the same thing. He wants to go commercial. Right now he is annexed for mixed-use and agricultural. He has the longest stretch from Old Mission Road to Coral Trace and the joint with Miss Modulin would be the longest stretch from Coral Trace to Old Mission to go commercial. Pat Card , 3019 Willow Oak Drive, commented on why he voted against this. He spoke of being in the Turnbull Hammock and it has been disturbed already but that doesn’t mean they have to disturb it some more. He expressed concern with where they were going to cut an opportunity to get across SR 442 for the big commercial establishment they are going to put in. He doesn’t feel comfortable with putting any more commercial on the south side of SR 442. Attorney Morris commented on the rest of the Planning and Zoning Board disagreeing with the reason he just laid out for Council. He felt Mr. Card suggested Council should deny any reasonable use of the property because ultimately Page 32 of 42 Council Regular Meeting February 27, 2006 Mr. Barry will loose any value that the property has. If there was a legitimate reason to deny the use that would be one thing, but the property is no longer a wetland, productive area. It is a cleared, filled piece of property. He then mentioned Mr. Card said they should go crazy on the north side but withhold the same sort of authorization on the south side. He doesn’t feel this is a valid reason. He further commented on how the median cuts are handled and DOT having a standard format for that. When you take the essence of what Mr. Card said, and distill it what he is effectively saying is do not give this property the proper legal use and therefore ultimately we will achieve a public purpose at the expense of a private individual. He feels this isn’t what Council should be thinking about from a standpoint of the land use regulations. If you can identify that would have a negative impact on adjacent properties, then certainly that is a legitimate basis to do it. The Planning Board and Planning staff didn’t see it that way. If Council votes tonight, this gets forwarded to VGMC and then adopted on second reading after VGMC’s proceedings. He respectfully requested that Council pass this on first reading and have VGMC have the opportunity to give their input. Councilwoman Rhodes stated Attorney Morris keeps talking about Mr. Barry’s reasonable use of his property and absolutely he has reasonable use of his property but the reasonable use he has of his property is the zoning that exists on the property. Attorney Morris stated absolutely not. Councilwoman Rhodes stated if he comes into the City they don’t have to zone it any differently than it is zoned in the County. In that respect, he has a reasonable use of his property under that zoning. Attorney Morris informed Councilwoman Rhodes she is mistaken. The Resource Corridor zoning won’t stand even in the County. Councilwoman Rhodes stated if it comes into the City and they zone it low density urban or agriculture then he is entitled to reasonable use under that zoning. Attorney Morris stated he is entitled to a reasonable use as far as the uses that are there but when you consider the other circumstances applicable to the property it isn’t reasonable to limit him to that range of use. If they think that is the case, they need to be prepared to do that Page 33 of 42 Council Regular Meeting February 27, 2006 to the other properties in the vicinity because they are all similarly situated. Councilwoman Rhodes informed Attorney Morris they disagree with that as well because she thinks the north side of SR442 is different than the south side. If it comes to residential or commercial on that property, she would prefer commercial. Mayor Thomas asked what the zoning is now. City Manager Hooper informed him Resource Corridor. Urban low intensity is the land use. If Attorney Morris approached the County because it doesn’t meet any of those Resource corridor requirements, the County would make that change. The Urban low intensity is what they would judge that by. He informed Councilwoman Rhodes she was right coming into the City, that’s an entitlement. Looking around at what is adjacent there would be similarly situated properties and that is the legal argument if you are going to grant those that are adjacent, contiguous or under certain conditions uses then they would be entitled to that. They are at a transition and are at the edge of the Hammock. Councilwoman Rhodes stated so that does mean because the north side is commercial does that mean the south side has to be. City Manager Hooper informed her it does not. Mr. Rosen has mentioned to Council he is clearly going to knock on their door and tell them he wants that to be commercial. If they intend that to go to commercial, Attorney Morris will make that same argument that that is a similar situated piece of property. Mr. Rosen pointed out where he was approved for a median cut by DOT. From the light to his gate is 1360 feet. There will be no other median cuts because of legal law. From the light to his gate is where they will only allow a left turn. Attorney Morris stated what he thought Mr. Rosen was saying was the DOT standard for median cuts is 1360. Councilwoman Lichter asked City Manager Hooper when they designate something commercial, does it always have a conservation overlay. City Manager Hooper stated they designate nearly all of their land uses that have conservation. It is subject to validation by the district. Page 34 of 42 Council Regular Meeting February 27, 2006 Councilwoman Rhodes stated if its urban low intensity or our equivalent of that, that means with five acres. Mr. Lear informed her it is low impact urban. City Manager Hooper asked what the density was. Mr. Lear informed him you could do some commercial or some residential but you have some very specific criteria that you have to meet if there are environmental constraints on the property. Councilwoman Rhodes stated so let’s say it’s the lowest density you can get, even if you do ten units. Attorney Morris informed her urban densities in the County begin at four units per acre. The County Comp Plan was created before they had the urban development they have now. They chose to look at mixtures of uses or possible uses so the low impact urban does allow commercial and residential. It looks at it from the standpoint of what would low impact urban be as opposed to the high impact urban that they have so it doesn’t do that. Councilwoman Rhodes stated her point was if you go to the very lowest end of the scale and can put ten units on that property, in her opinion and that is allowing him reasonable use of his property, she would rather see a commercial building there, then ten more houses. Attorney Morris stated the parenthetical regarding the conservation overlay that this request has, what it means when you have a conservation overlay under the City’s requirements, is that they get the benefit of the testing and evaluation of the property and the applicant has the obligation to show the City the property doesn’t meet conservation purposes by it’s physical characteristics. They don’t have a problem with that. He feels very clearly it doesn’t meet that standard but they are willing to ring it back to Council to establish to them that in fact it meets their standards for commercial development as opposed to being in conservation. If they are mistaken, it does become conservation because it has the City’s conservation overlay. Councilwoman Rogers stated Resource corridor, in the County what your saying because of the conditions and the land as it is now, that the County would most likely change it from Resource Corridor. City Manager Hooper stated they would change the zoning. Resource Corridor was taken years ago off of USGS maps or some flights or something. Councilwoman Rogers stated she was familiar with the land. Because of it being the Resource Corridor in the County, Page 35 of 42 Council Regular Meeting February 27, 2006 that tells her the wetlands and then you are going to have the conservation overlay on this property. She didn’t see in the packet where the conservation overlay was going to be. She assumed it would be on the west and east. Attorney Morris stated it is a testing requirement to evaluate the property and make sure that it in fact is not land that ought to be a conservation type use. This property is a level filled graded site. There isn’t anything on it but the City’s plan says with a conservation overlay that coming back in the applicant has to prove that in fact the property doesn’t meet the conservation criteria. He then commented on County standards and the County not having jurisdiction due to the property being annexed into the City in 1994. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve Ord. 2006-O-04, James Morris, agent for Charles and Phyllis Barry, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 5.04+ acres of land located south of SR 442 and west of Old Mission Road as Commercial with Conservation Overlay, second by Councilman Vincenzi. Mayor Thomas stated this used to be part of the sponge and is no longer part of the sponge because they put dirt in it. He agreed with Councilwoman Rhodes he would rather see it commercial than residential. Councilwoman Rogers would also rather see it commercial than residential but at the same time, the soils have changed and the composition of the land has changed. Councilwoman Lichter feels Mr. Barry has the right, as long as it doesn’t environmentally impact our community, to make the best sale he can make with this property. The MOTION CARRIED 5-0 . nd E.2 Reading, Ord. No. 2005-O-56, Paul and Tomoko Newsom and Robert Jalbert, Jr. requesting an amendment to the Official Zoning Map to include 12+ acres of property located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural Transitional) Page 36 of 42 Council Regular Meeting February 27, 2006 Paralegal Matusick read Ord. 2005-O-56 into the record. City Manager Hooper made a staff presentation. Councilwoman Rogers asked if they knew which part would be agriculture and which part would be rural transitional. Mr. Lear pointed this out on the map. Councilwoman Rhodes stated she is all for this. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rhodes moved to approve Ord. 2005-O-56, Paul and Tomoko Newsom and Robert Jalbert, Jr. requesting an amendment to the Official Zoning Map to include 12+ acres of property located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural Transitional), second by Councilwoman Lichter. The MOTION CARRIED 5-0 . nd Reading, Ord. No. 2006-O-03, Visconti F.2 requesting an amendment to the Official Zoning Map to include 2.44+ acres of property located at 3609 and 3625 S. US1, including the vacant parcels to the north and east as B-3 (Highway Commercial) and R-3 (Single-Family Residential) Paralegal Matusick read Ord. 2006-O-03 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rogers moved to approve Ord. 2006-O-03, Visconti requesting an amendment to the Official Zoning Map to include 2.44+ acres of property located at 3609 and 3625 S. US1, including the vacant parcels to the north and east as B-3 (Highway Commercial) and R-3 (Single-Family Residential), second by Councilman Vincenzi . The MOTION CARRIED 5-0 . G. Res. No. 2006-R-01, to borrow $500,000 for the General Fund through Bank of American, N.A. to Page 37 of 42 Council Regular Meeting February 27, 2006 finance and construct the new Animal Adoption/Rescue Facility This item was discussed earlier on the agenda. 7. BOARD APPOINTMENTS A. Planning and Zoning Board 1) Nomination by Councilwoman Lichter to fill vacated seat due to the expired term of Ed Vopelak, who is seeking reappointment Councilwoman Lichter moved to reappoint Ed Vopelak to the Planning and Zoning Board for a three-year term, second by Councilwoman Rogers. The MOTION CARRIED 5-0 . 2) Nomination by Mayor Thomas to fill vacated seat due to the expired term of Robert Garthwaite, who is not seeking reappointment Mayor Thomas nominated J. David Ross to the Planning & zoning Board. Councilwoman Rhodes moved to approve Mayor Thomas’ nomination to appoint David Ross to the Planning and Zoning Board, second by Councilwoman Lichter . The MOTION CARRIED 5-0 . Councilwoman Lichter suggested someone contact Elizabeth Donahue to find out if she is still interested because she resides six months down here and six months up north. 8. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 9. OTHER BUSINESS A.Water/Wastewater Purchase Agreement – staff recommending approval to award bid to DPC Enterprises, L.P. for the purchase of chlorine Page 38 of 42 Council Regular Meeting February 27, 2006 cylinders for an annual estimated cost of $30,000 and authorize the City Manager to execute the agreement City Manager Hooper made a staff presentation. Mayor Thomas entertained a motion. Councilwoman Rhodes moved to approve awarding the bid to DPC Enterprises, L.P. for the purchase of chlorine cylinders for an annual estimated cost of $30,000 and authorize the City Manager to execute the agreement, second by Councilwoman Lichter. The MOTION CARRIED 5-0 . B.Stormwater Management Cost-Sharing Agreement – staff recommending approval to enter into a contract with the St. Johns River Water Management District for the Eastern Shores Stormwater Improvement Project and authorize the City Manager to execute the agreement City Manager Hooper made a staff presentation. Mayor Thomas entertained a motion. Councilwoman Lichter moved to approve enter into a contract with the St. Johns River Water Management District for the Eastern Shores Stormwater Improvement Project and authorize the City Manager to execute the agreement, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper informed Council they have a formal request from City Attorney Rosenthal to hold a closed session dealing with the lawsuit from the condominiums. The show cause order was issued by the judge. We have Page 39 of 42 Council Regular Meeting February 27, 2006 twenty days to respond. That response will be going in probably tomorrow and that’s asking for a dismissal based on that final action has not been taken by Council. Their th continuation hearing is scheduled for March 20. City Attorney Rosenthal will be here but he requests and it has to be put on the record that there is a request for a closed session. He further informed the Council what a closed session is. They are looking tentatively on March th 13. They currently have a work session scheduled for th March 13 regarding “Reflections” the 800-acre project at the corner of I-95 and SR 442. City Attorney Rosenthal will update the Council on what is there. He will get input from Council over any options they will offer him in which he can discuss with the other attorney before it goes th to a suit. He asked if March 13 worked for the Council. It was the consensus of Council to hold the closed session th on March 13 at 6:00 p.m. 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items City Manager Hooper pointed out the list of Tentative Agenda Items. The Council has requested to hold it to three or four land use items. They have a large backlog that is building. They are starting to get complaints and the Council will be next to start getting those complaints. He mentioned the large Comp Plan amendment that will be coming up. VCARD and the Home Builders Association has requested to review and make comments and try to give Council their thoughts. City Manager Hooper stated City Attorney Rosenthal would be th at the meeting on March 20. He encouraged the Council if th they saw anything on the 6 that they felt City Attorney Rosenthal would need to be present for to let him know. Mayor Thomas stated he went to look at Coral Trace the other day. He asked City Manager Hooper if there was something that allows a City employee to go on the property. He was told to go ahead and if anybody asked to let them know he was a City employee and nothing would happen. Mayor Thomas didn’t feel comfortable with this. When he was a Wildlife Officer there was a State Statute that said he could go on the property and take what equipment was necessary. He either wants to get that put in the code or if they apply for a permit, he wants them to Page 40 of 42 Council Regular Meeting February 27, 2006 sign a paper that says that the City employees may go on their property and take what equipment necessary. He asked how the rest of the Council felt about that. Councilwoman Rhodes felt that was fine but didn’t feel he needed to take anything. Mayor Thomas stated he was talking about if you needed to drive your truck or have whatever equipment necessary. Councilwoman Rhodes was thought he was talking about removing things from the property. City Manager Hooper commented on some people that don’t want you on their property. City Manager Hooper stated it is possible to have them do that. You can have them, when they make application, they sign a policy form now that says they agree to pay for advertisement and design review and you could add another that allows City staff or elected folks to be on the property. After some discussion, the Council had no problem with this. The following citizens spoke: Carol Ann Stoughton , 2740 Evergreen Drive, stated when they find out how much money they have in the tills she would like to see a motion down the road to increase the salaries of the Council and the Mayor. She mentioned the long hours being put in at the Council meetings and she hoped the staff didn’t have to be to work at their regular time when they spend all this time at a Council meeting. City Manager Hooper informed Ms. Stoughton if she would like, Finance Director Williams had the answer to her debt service question. Finance Director Williams informed her the total dollars the City is in debt is $47 million. Of that $11 million is associated with the General Fund, $28 million is associated with the Water & Sewer Fund and the remaining amounts are spread across the Stormwater & Refuse Funds. Michael Morse , 39 Camino Real Drive, Eastern Shores, thanked the City for helping them get their water problem taken care of. He appreciated all their help. 12. ADJOURNMENT Page 41 of 42 Council Regular Meeting February 27, 2006 There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 10:30 p.m. Minutes submitted by: Lisa Bloomer Page 42 of 42 Council Regular Meeting February 27, 2006