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06-05-2006 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 5, 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 Excused Councilman Dennis Vincenzi Present Councilwoman Harriet Rhodes Present Councilwoman Judith Lichter Present Interim City Manager Jon Williams Present City Attorney Nick Palmer Present City Clerk Susan Wadsworth 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 March 20, 2006 Councilwoman Lichter moved to approve the March 20, 2006 minutes, second by Councilwoman Rhodes . The MOTION CARRIED 4-0 . B. Regular Meeting of April 3, 2006 Councilwoman Rhodes moved to approve the April 3, 2006 minutes, second by Councilwoman Lichter . The MOTION CARRIED 4-0 . C. Regular Meeting of May 1, 2006 Page 1 of 33 Council Regular Meeting June 5, 2006 Councilman Vincenzi moved to approve the May 1, 2006 minutes, second by Councilwoman Rhodes . The MOTION CARRIED 4-0 . D. Regular Meeting of May 15, 2006 Councilwoman Lichter moved to approve the May 15, 2006 minutes, second by Councilwoman Rhodes . The MOTION CARRIED 4-0 . 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS A. Interim Chief Taves presenting Robert Hazelwood a plaque for “Officer of the Quarter.” Interim Police Chief Taves commented on why Officer Robert Hazelwood was named “Officer of the Quarter” and presented him with a plaque. Mayor Thomas commented on complaints he has received about the skate park at Whistle Stop Park. He expressed his appreciation and thanked Officer Hazelwood. B. Mayor Thomas presenting a Proclamation to Mike Ignasiak for his achievements while serving as Police Chief Mayor Thomas read a proclamation outlining the achievements of Mike Ignasiak while serving as Police Chief. Mr. Ignasiak thanked Mayor Thomas. He thanked the Council for the support and guidance they have shown him over the last five and a half years. C. Rob Hunter and Bob Tolley, Green Coast Energy, Inc., presenting proposal for an alternative energy project Rob Hunter, Director of Operations, Green Coast Energy, Resident, 2521 Travelers Palm Drive, made a Powerpoint presentation regarding a proposal for an alternative energy project. Councilwoman Lichter asked Mr. Hunter how long they have been in business. Mr. Hunter informed her Green Coast Page 2 of 33 Council Regular Meeting June 5, 2006 Energy has been around seven to eight months but composing it are experts who have been doing this since the world was young. Councilwoman Lichter asked what cities they cover right now. Mr. Hunter informed her currently they are looking at the Volusia County area. Councilwoman Lichter stated if Florida Power & Light owns the transmission setup, who is responsible for fixing things when things go wrong. Mr. Hunter stated they are. It is their infrastructure. They would receive a fee for Green Coast Energy using their infrastructure. Mayor Thomas entertained a motion to instruct Interim City Manager Williams to look into the feasibility of this and then bring it back in front of the Council. Councilwoman Rhodes stated she would like to hear more about it. She asked Mr. Hunter when they bring it back to bring back some places it is currently being used. Councilwoman Rhodes so moved, second by Councilwoman Lichter . The MOTION CARRIED 4-0 . Interim City Manager Williams informed Mr. Hunter he would be in touch to set it up. 4. CITY COUNCIL REPORTS Councilman Vincenzi had nothing at this time. Councilwoman Rhodes stated Mr. Ross gave minimum standards for RPUD. She feels minimum standards for RPUD’s is a good idea. She feels the numbers need to be tweeked some and maybe are a little more stringent than they really need. She wanted to let Mr. Ross and Interim City Manager Williams know. Interim City Manager Williams confirmed he had also received it. Councilwoman Rhodes feels this is a good idea and is something that needs to be considered when the final I’s are dotted and the T’s are crossed. She thanked Mr. Ross and appreciated that Mr. Ross complained about it and came up with a compromise she feels will really work. Page 3 of 33 Council Regular Meeting June 5, 2006 Councilwoman Lichter agreed with Councilwoman Rhodes. She told Mr. Ross before the meeting she would like to meet with him and go over the figures. Councilwoman Lichter stated since she has served on the Council, every Veterans Day and Memorial Day for the last eight and a half years she has attended the ceremonies for both of these patriotic occasions. Generally she reads an appropriate poem and gives a short speech. This last Monday Mayor Thomas was not able to attend due to his grandson having poison ivy. She was asked to welcome the large crowd that was present on behalf of the Mayor and the rest of the City Council. She feels it is important that they join the citizens on these occasions, if at all possible. American Legion Post 285 planned and hosted the occasion and they worked very hard on that program. This year more children attended than ever before. It was a very emotional, educational, gratifying experience. Interim City Manager Williams presented Edgewater’s wreath. She was very happy to go on behalf of Mayor Thomas. 5. CITIZEN COMMENTS The following citizens spoke: David Ross , 2803 Needle Palm Drive, informed Interim City Manager Williams that when he reviews the proposal from Green Coast Energy, he likes the idea that the citizens don’t have to pay this $6 million franchise fee. He would like to know the name of the individual that money will come from since it isn’t the taxpayers of Edgewater. Mr. Ross commented on Red Fish Cove and this being in the County. This will be an enclave that we will probably surround one day but to his knowledge they have never requested to become a part of the City. He spoke of this being in our utility service area and the City providing water and sewer. Interim City Manager Williams informed him that was correct. Mr. Ross stated since the taxpayers of the City are the ones that are responsible for paying for the cost for the sewer and water plants, none of the people outside of the City have any responsibility to pay that. If the City goes bankrupt, the County isn’t going to pay it. The taxpayers of Edgewater have got to pay for the water and sewer plants. It seems reasonable to him that since the citizens Page 4 of 33 Council Regular Meeting June 5, 2006 of Edgewater are responsible that if we are going to be generous and give this service to non-Edgewater citizens they should pay a premium price so his water and sewer rates are reduced. He asked how much they would be reduced. If they aren’t, then why are we doing it? Councilwoman Rhodes informed him they do pay a premium price and they pay more than we pay. Mr. Ross asked if that means his rates go down. Councilwoman Rhodes stated her understanding is the rates wont’ go down because of it but they aren’t going to go up because of it. Mr. Ross questioned why we should do it because some day we keep selling all of these services and we are going to have to add more capability, which means we will have to spend more money. Why do we do it? Water is at a premium. We know we don’t have enough recycled sewer water. Why are we giving away to people that have no responsibility to all of these services if it doesn’t benefit us? Councilwoman Rhodes stated we have an agreement with the County, where the County provides the sewer and we provide the water and it is a trade off. Mr. Ross asked why we provide the water. Councilwoman Rhodes informed him because we have water and they have sewer. We can get our sewer at a reduced rate in this City because we provide water. Mr. Ross stated he thought we owned the sewer plant. Interim City Manager Williams stated we have additional capacity reserved with Volusia County and that is part of the interlocal agreement we have in place with Volusia County. Any resident receiving water and sewer service outside of the City limits pays an additional 25% and that is applicable on the impact fees as well. They are being charge a surcharge above and beyond what the residents here pay. At some point, we intend on going after those folks to come into the City. Mr. Ross stated if we don’t receive a benefit financially why do we do it? If his rates don’t go down there is no financial benefit. Interim City Manager Williams stated it helps maintain the rates at the current level. Mr. Ross stated he would like to see those numbers. Interim City Manager Williams informed him okay. Page 5 of 33 Council Regular Meeting June 5, 2006 Dominic Capria , 606 Topside Circle, agreed with Mr. Ross. Years ago when the City started selling water to the County, at what they considered bulk rates, which was a lower rate then what the citizens of the City are paying. The rates went into Hacienda at a lower rate then the City residents were paying. He was responsible for getting up and complaining and saying this is ridiculous to sell these people water at a lower rate than the residents were paying. Low and behold right after that the County raised the water rates at Hacienda at the same level as us. To him that is still not good enough. Why should we be giving them those services when they don’t even belong to the City of Edgewater? Their rates should be higher so ours can go lower. Councilwoman Rhodes questioned the City selling to the County and not selling to individual people in the County. Interim City Manager Williams stated in certain cases we do. We have water customers in Cory Estates and Hazelwood River Road where we sell water. He thought what Mr. Capria might be suggesting was that the wholesale rate we sell to the County goes to the County meter and then they turn . around and sell it to their residents at a different rate That is where the interlocal agreement comes into play where we get wastewater capacity at the County’s plant at a rate that is equal to that bulk rate for water. Interim City Manager Williams thought it benefited everybody. We have additional capacity at the County’s wastewater plant, which prevents us at this point from expanding our own plant. For that incremental rate per gallon charge there, he feels the City and its residents receive a benefit. Ultimately when it goes to the County’s meter, they are in control of the rates they charge to their residents. He wasn’t aware of what those rates were at this point. He informed Council he could do some research and bring it back to them. Councilman Vincenzi informed Interim City Manager Williams he could get it to Mr. Ross if he liked. Interim City Manager Williams agreed to do so. Mike Visconti , 316 Pine Breeze Drive, stated reading the paper in the last week, this has to do with River Oaks, which is a 16-story that comes through Edgewater. There has been a petition out to stop this project, which has been voted on and passed by the previous Council, Mayor and Page 6 of 33 Council Regular Meeting June 5, 2006 City Manager. It seems to him that there is a vigilante group who has been against whatever the previous elected officials have done. The same group wanted the City Manager out and the same group worked day and night to make sure Mayor Schmidt was defeated and they also picked the Best Western hotel to shy away customers. The voters of Edgewater elect the Mayor and Council. Once elected, they use their judgment for the best for our City. There will always be pros and cons whatever the issues are. River Oaks is the second high rise to come before the Council. Edgewater Harbor being the first. He sees many benefits in tall buildings but limit their heights. These buildings may house families on less land leaving plenty of green, natural vegetation and wildlife. He referred to Coral Trace and asked Council to imagine the same maybe high rise housing the same amount of people with more vegetation. Last week we had a fire scare. Imagine if that Fire did jump and got into Coral Trace what a disaster we would have. He spoke about River Oaks being about two miles south of Roberts Road, hidden from sight; you would just about see it from U.S. #1. River Oaks Edgewater would collect impact fees on all units, will collect taxes. They would be shopping in Edgewater. Our economy will flourish. If growth is stopped how will it stimulate business and jobs. River Oaks will create them. The petition calls for 1400 signatures of registered voters. There are 11,000 registered voters. That means 9,600 are the silent voters. This group prides themselves by saying they are saving Edgewater. It seems to him like they are doing more harm. He mentioned Michael Ignasiak and Kenneth Hooper resigning. They both have done great services to our City. He informed Mayor Thomas and the Council they were elected to serve the people, not just a few. Councilwoman Rhodes informed Mr. Visconti his time was up. Mr. Visconti stated he would like to see the lots sizes seventy-five feet and no smaller than sixty-five feet. He encouraged the Mayor, Interim City Manager and Councilmembers to use their better judgment and put back pride in our City. Andy Anderson , Pine Tree Drive, stated he understood if one is using the City’s reclaimed water that he can water his lawn three times a week. Interim City Manager Williams informed him that was correct. Page 7 of 33 Council Regular Meeting June 5, 2006 Mr. Anderson stated with a well he is only allowed two waterings a week. He questioned why someone on reclaimed water would need three waterings compared to his two. Councilman Vincenzi stated he thought wells were regulated under different rules than reclaimed water. It’s not that the lawn needs it more; it’s just that you can do it with reclaimed water and not a well. Councilwoman Lichter stated she thought when they started with reclaimed water, they thought it was a throw away product. We didn’t realize how valuable that water is. Mr. Anderson felt if two waterings were sufficient, he didn’t know why they allow three if we are in water conservation mode now more than ever. It seems to him we would limit the three down to two just like everybody else. Councilwoman Lichter stated the two times a week is regulated by the County. She believed they are now looking into two times a week being a permanent thing. That is tighter than St. Johns, which in some places allows three. Volusia County is very conservation aware and she thought they probably are looking at that. Dominic Capria , 606 Topside Circle, stated he is not confused. He knows what is going on is wrong. He wasn’t talking about reclaimed water. He was talking about well water and City water. With well water we are allowed to water twice a week from 4 a.m. to 8 a.m. but yet if you don’t have a well and you want to use City water you can water eight to four in the morning and four to eight in the evening. He felt this didn’t make sense. Carol Ann Stoughton , 2740 Evergreen Drive, brought the Council’s attention to a recent newspaper article with regard to New Smyrna Beach. She didn’t know if the Council considered before they want to vote on a development or a developer’s plan of the fact that perhaps our sewer treatment plant and our water could perhaps need a complete overhaul. New Smyrna Beach is now expecting $173 million over five years to repair aging pipes. She asked if they have ever delved into that before they go into allowing more developments to come into our City. Ms. Stoughton stated with regard to Mr. Visconti over a few certain people putting the Mayor in office and changing Page 8 of 33 Council Regular Meeting June 5, 2006 things around here, it was the wishes of the voters of the City to make a change. She has been in touch with over 1500 registered voters who didn’t want the 17-story condo. She commended Councilwoman Rogers for her valiant stand in actually voting against the fact that the attorneys for the town said it would cost millions of dollars if they went against this. However, she bucked that and she is so sorry the others didn’t because he instilled fear that it would cost millions to defend this lawsuit. When it comes to a vote, 9,000 people 10,000 people cause they put it on a ballot to make it on a referendum have that chance to vote it in or vote it out, whatever comes and whatever goes or whatever has passed, they are the people of the City and they have a right whether it was voted in or not to vote it out again. All of the people she has spoken to are disgusted and feel they have been lied to. They wanted to preserve our City. She feels the condos are not what is there now and she feels sorry for the people that live there. They will not be able to ride their bicycles like Councilwoman Rhodes wants her children to ride theirs. The people of Florida Shores and Edgewater Landings and the people all over do not want these condos. The people will speak when it goes on the ballot in November. She was shocked that the residents only have three minutes when the developers get five or ten. Interim City Manager Williams informed Ms. Stoughton in reference to the maintenance of the utility systems, the City has a renewal and replacement fund and each year appropriations are made to that fund to handle ongoing maintenance issues with regards to our utilities. Ms. Stoughton asked how much is in the fund right now. Interim City Manager Williams informed her he did not have figure off the top of his head but he agreed to get it for her. Ms. Stoughton asked if they are going to have an audit as to what was done before Interim City Manager Williams. Interim City Manager Williams informed her we have an audit done every year. Ms. Stoughton asked how much the City has presently in a fund for any catastrophes. Interim City Manager Williams informed her it wax referred to as fund balance. He informed her under his report, he was going to give the Council and residents what he is estimating the projected Page 9 of 33 Council Regular Meeting June 5, 2006 fund balance to be after the seven months of this fiscal year and that is roughly $4 million. If the fiscal year were to end as of April 2006 that is what he would project as our fund balance. Ms. Stoughton stated she has asked his predecessor that but she knows she will get answers out of Interim City Manager Williams. She has never gotten them before. Chris Balmer , 148 William Street, stated he recently was reading the paper where someone had been commented saying that reference affordable housing that if people can’t afford houses in Edgewater they can boogie on down the road. He asked if they have a plan. He is starting to hear it is an issue from an affordable housing perspective. Do they have a development plan to address the affordable housing need that we will have to address in the next three to five years? He then asked if they have a committee or the Planning & Zoning Board or someone working on that very issue. He doesn’t think the answer is just to say move out. He feels the issue is to provide something for those type of people. Councilman Vincenzi stated he didn’t think there was a committee set up but they have been talking about it. He and Interim City Manager Williams have talked about it. He suggested the other Councilpeople probably have to. Other towns are starting to do some different things too. Mr. Balmer felt it interesting what people are requiring of developers. He feels it is going to be an issue in the next three to five years and he feels they need to address it. Bob Overton , 631 Starboard Avenue, stated the lady that just spoke doesn’t represent him. He wanted to be sure that the Council knew that everybody in Edgewater Landing does not agree with her. Councilwoman Lichter stated she also lives in Edgewater Landing and they know she has been a representative for a good many years. She feels there is some confusion about the petitions. It is not very clear in their minds the way it is expressed. She stated Ms. Stoughton mentioned maybe they weren’t truthful or something to that affect. Of course, people have a right to sign things but they also have a right or responsibility to explain it properly. Page 10 of 33 Council Regular Meeting June 5, 2006 Nobody is planning wall-to-wall all across the river condos. That is one of the concepts that are coming out of this. They also aren’t being explained about the money aspect that the City was told by the City Attorney that we have a done deal as far as being sued and that it would not be in the best interest to change since we had no Land Development Code regulating height before. She is getting calls from people that are very confused. John Cordeiro , 1515 Pine Tree Drive, asked why they went from five minutes to three minutes for citizen comments and whose idea that was. Mayor Thomas stated he would take credit for that. Mr. Cordeiro suggested they get up and say their name and you dig a big hole and after we state our name you take them out there and shoot them and then they fall into the hole and then the Council won’t have to hear them. He feels that would be the easiest thing for them if they don’t want to hear what the people have to say. They are supposed to represent the people. He remembered the campaign. A city for the people by the people. How can it be for the people by the people if you cut them off and maybe give them thirty seconds or five seconds and then take them out and throw them in the hole and bury them. He feels it should be changed back the way it was or even add more. All the developers and lawyers, they get up and rant and rave and smoke and mirrors for as long as they want to. Dominic Capria , 606 Topside Circle, stated the petition is very simple and self-explanatory. There isn’t anything confusing about it. He is from Edgewater Landing and he is against the high towers. He again stated that petition is very simple. Don’t confuse the issue. As far as the three to five minutes, he agreed they need to go back to five minutes. Carol Ann Stoughton , 2740 Evergreen Drive, stated what the people don’t realize is that it says that you will have the right to vote in November. If you want to vote it in in November, vote it in. It is something they all feel over 1500 people to date plus and a lot of people who live in the County can not vote and it is going to be in their back yard. Terra mar can’t vote and Hacienda can’t vote. Many places can’t vote but they don’t want it in their backyard. She hopes the Council realizes what the people want and don’t want. That is why they put this Council in office. Page 11 of 33 Council Regular Meeting June 5, 2006 Mayor Thomas stated for the three-minute thing, they can blame him. He likes to listen to people and the meetings were running anywhere from 10 p.m. to 12 a.m. They were looking for ways to expedite the meeting. He feels if they have a prepared speech they can get their point across in three minutes. If they don’t want to do it at the meeting, they will listen to them at another time and place. Mayor Thomas stated if we don’t start conserving our water now, there will be a time that they will restrict on how much we can use. He spoke of the water being pumped to the Keys. We need to go to extreme to conserve our precious water commodity. More and more people are coming to Florida and we aren’t going to have it. He urged the citizens to tell their neighbors to conserve. He suggested using natural vegetation that doesn’t need to be watered as much. Councilwoman Lichter feels pretty soon there will be builders that are required to put other grass in than what we have right now. They will be required to lay out the land so each zone is getting the amount of water needed for the landscaping in each zone. She feels we will have water but you won’t have cheap potable water. They are starting plans now because in ten years you will have a crisis. What happens in Deland will affect Edgewater. You not only need to conserve, but you need to cooperate. She commented on our waterless park at Menard Park. They need to start thinking of it now. She mentioned the packets City Clerk Wadsworth has available from St. Johns and the Water Authority of Volusia. They are available at City Hall and at the Library. There was a ten-minute recess at this time. The meeting recessed at 7:55 p.m. and reconvened at 8:05 p.m. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Michael Evans, agent for Julington Oaks Investment, LLC, requesting preliminary plat approval for an 86-unit single- family residential subdivision located west of US 1 and north of Clinton Cemetery Road Page 12 of 33 Council Regular Meeting June 5, 2006 Interim City Manager Williams made a staff presentation. He went over the specific changes made to the PUD Agreement when he went over for the preliminary plat. Mike Evans , 1682 W. Hibiscus Boulevard, Melbourne, stated he was available to answer any questions. He also mentioned they have five passive parks instead of the required two. Councilwoman Rhodes asked if they were going to get into a problem like they did with Coral Trace because he has given us a plat with 86 units but his PUD says 90. Mr. Evans gave her his word that 86 was it. City Attorney Palmer stated he believed some of the confusion with Coral Trace is on the plat itself. There were on tracts that said they were reserved for future development even though they had used up the initial 200 lots that were included in the RPUD Agreement. If the developer wanted to divide this into any more lots they would have to go through the Planning process again. Mr. Evans stated there is no tract that says for future development. Councilwoman Lichter asked if it is ever possible in this kind of development that someone buys two lots. Mr. Evans informed her no. Councilwoman Lichter asked if they are on the south side or north side of Clinton Cemetery Road. Mr. Evans informed her they are on the north side. Councilwoman Lichter stated on the other side they have horses but none of these lots are large enough for that. Mr. Evans informed her no. He also didn’t think the City allowed that. Councilwoman Lichter commented on swimming pools. She asked if every one of those lots could have a swimming pool. Mr. Evans informed her yes. Councilwoman Lichter asked if St. Johns checks to see what the swimming pools would do to surrounding stormwater facilities. Mr. Evans informed her he would have to defer that to his engineer to see. Scott Nichols , 1678 W. Hibiscus Boulevard, Melbourne, stated it is considered. Whenever they do their stormwater Page 13 of 33 Council Regular Meeting June 5, 2006 calculations, they assume a maximum impervious area over each lot. Councilwoman Lichter asked which permit allows that. Mr. Nichols informed her that was the St. Johns permit. Councilwoman Lichter confirmed they wouldn’t approve of the pools unless they thought they had sufficient land, right water conditions surrounding, the type of soil etc. Mr. Nichols stated they want to ensure they are being conservative enough with their impervious area calculations. Councilwoman Lichter asked if it ha been their findings that everybody wants a swimming pool. Mr. Evans stated probably less than 25% of the people in there would end up building a swimming pool. Councilman Vincenzi asked if this was the property that had the drainage issues. Mr. Evans informed him it was the next one. Councilman Vincenzi stated he didn’t have any questions about this one. Mayor Thomas asked if all of the lawns would be Floratam lawns. Mr. Evans informed him they would all have reclaimed water so they won’t be tapping into the wells or City water to water the lawns. Mayor Thomas asked if they would be using natural vegetation that doesn’t use as much water to landscape. Mr. Evans stated the landscaping requirements in the PUD are to meet City Code and they do anticipate Floratam sod with reuse irrigation. Mayor Thomas stated someone has to start the process and asked Mr. Evans if he could start the process. Mr. Evans stated they had committed to try and start that process at Oak Leaf because of the City’s concerns of how environmentally sensitive that property was. Mayor Thomas clarified what he was talking about was leaving some of the natural vegetation that doesn’t use the water. They have to do that. Mr. Evans agreed to look into it. The back of these lots all the natural vegetation will be left. Homeowners prefer for the most part the grass. If you have reuse, it works a lot better on that because you aren’t tapping into the water system and it’s a good way for the Cit to get rid of the effluent water. Mayor Thomas stated he realizes it is easier for the builder to get in there and do the construction and wipe out everything in the front yard. Mr. Evans stated it is cheaper not to put that Page 14 of 33 Council Regular Meeting June 5, 2006 down. Mayor Thomas stated he is really worried. They need somebody to set the example. When they see that, it is beautiful to him. Councilwoman Lichter stated they may need to put that in the Land Development Code, which they have not thought about up until now. Mr. Evans stated the way this particular project is designed, it was a nursery and it is cleared completely where the houses are going to go already. Councilwoman Rhodes asked if they can deny developers based solely on the fact that this County is running out of water. City Attorney Palmer stated he would like to take some time to research that. Councilwoman Rhodes stated it is a concern of everybody and you have more people coming here, which makes the problem worse. She asked if mitigation of that problem for the time being be no more development until we find a way to get more water. City Attorney Palmer stated if they are talking about a blanket moratorium say for six months on development applications. Councilwoman Rhodes stated she is talking longer than six months. She is talking until they have a water source that can give all these people water, until St. Johns or WAV comes up with their plan as to how they are going to water the people that live in this County. Interim City Manager Williams stated part of the development process ensures that there is concurrency with our utilities and that they reserve capacity and that there is a water or sewer source. He spoke of Volusia County playing a major role in that. Councilwoman Rhodes stated she understood that. That was her point. Is that we have that water source but at the same time we are running out of water so you don’t have the water source right now. She agrees with the conservation efforts. She would like City Attorney Palmer to find out. Mayor Thomas commented on cities pulling out of WAV because they don’t want the WAV regulating their water and what he feels is going to happen is it is going to cost more for the water that we are using or they are going to restrict the use. That is why he says they need to start now on these subdivisions. Councilwoman Rhodes stated she was talking about water to drink and water to bathe with. Page 15 of 33 Council Regular Meeting June 5, 2006 Councilwoman Lichter stated Steve Gintner on a County level is in charge of dealing with developers. Steve and Deborah Green on the WAV group have very good cooperation with some developers up to this moment but it isn’t a law. It is a cooperative type of thing at the moment. She feels some of these things have to come from St. Johns and the County but the City could put something in the Land Development Code where every effort should be made. Interim City Manager Williams stated the County currently has a minimum standard right now. The house he purchased has those standards currently in place. Councilwoman Rhodes stated it wasn’t the standards that concerned her. What concerns her is that people move here, houses are built and water source or no, if you are giving them water, then that means everybody that is here has less water in the future. That is why she is asking the City Attorney if that is reasonable. Councilwoman Lichter asked Interim City Manager Williams how it worked with this house and if the developer had to lay it out in a particular manner. Interim City Manager Williams informed her that was correct. Councilwoman Lichter then asked if that applies to all new development in Edgewater. Interim City Manager Williams stated as far as he was aware, it applied to the whole County. Mayor Thomas felt before they get something in the Land Development Code, they could strongly suggest. Mr. Evans stated he would take that into consideration. Councilman Vincenzi commented on this being 86 homes and it already being planned to use reclaimed water. Mr. Evans informed him yes. Councilman Vincenzi asked about the other one. Mr. Evans informed him that is reclaimed water also. Councilman Vincenzi mentioned this being 500 and some homes and reclaimed water already being scarce. They haven’t decided definitely on rates and usage. He remembered a year ago when they were talking about reclaimed water rates and usage that one thing that Ken Hooper agreed not to hook up new developments until they were sure the system could handle the customers it had. He asked if this wasn’t the case. Interim City Manager Williams stated it is his understanding we are still in a moratorium for connecting new connections. What they are going to be putting in his Page 16 of 33 Council Regular Meeting June 5, 2006 dry lines for the reclaimed water and obviously they will provide a source to help provide a supply of reclaimed water. Councilman Vincenzi questioned their sewer going to the County. Interim City Manager Williams commented on plans in place to do some upgrades to the County’s plant to use that as a resource. Councilman Vincenzi asked right now, what they do with their reclaimed water is they just spray it out over old Orange Groves. Interim City Manager Williams informed him that was correct. Councilman Vincenzi then asked if there are plans to build a reclaimed facility there. Interim City Manager Williams informed him that was correct. Councilman Vincenzi said to Mr. Evans so they are piping for it. Mr. Evans stated they are piping for it and they are using their own ponds to recycle it in the beginning if they don’t have the reuse water hooked up. They are being required to put it in to hook up when it is available. Councilman Vincenzi asked if it says anywhere they are entitled to hook up. He doesn’t mind them hooking up and doesn’t mind new customers as long as the system can service the customers it has. Interim City Manager Williams stated it specifies in the agreement that they are required to put the lines in and then obviously as the resource becomes available down there then the requirement is there for them to hook up. Mayor Thomas opened the public hearing. The following citizen spoke: Dave Ross , 2803 Needle Palm Drive, stated he didn’t care what WAV is doing. If this City and this County don’t get on the road right now for desalination, we are going to be missing the boat. They aren’t going to stop another 100,000,000 people from coming into Florida. The only way they can keep the water supply is desalination. Mr. Ross informed Mayor Thomas he appreciated his concerns about St. Augustine grass and he agreed with him 100%. The Page 17 of 33 Council Regular Meeting June 5, 2006 responsibility starts there, not here. Where is the Land Development Code addressing these issues? That is in the Council’s hands, not Mr. Evans. Councilwoman Rhodes stated if you are pumping this out faster than it can go in, which is what is going to happen, then you have no more rivers or oceans. That is not the end of the story. Councilwoman Lichter stated there is only a certain amount you can take out. Mayor Thomas closed the public hearing. Councilwoman Rhodes moved to approve the preliminary plat for an 86-unit single-family residential subdivision located west of US 1 and north of Clinton Cemetery Road, second by Councilman Vincenzi . The MOTION CARRIED 4-0 . B. Public Hearing, Michael Evans, agent for Worthington Creek Investment, LLC, requesting preliminary plat approval for a 436-unit single- family residential subdivision located east of US1 and northeast of William Street Interim City Manager Williams made a staff presentation and went over the PUD Agreement. Mayor Thomas asked Mike Evans to approach the podium. Mike Evans , 1682 W. Hibiscus Boulevard, Melbourne, stated he would be happy to answer any questions. Councilman Vincenzi stated even though this isn’t what he feels is an ideal set up for a development he feels it is moving in the right direction. He feels the variety of lots, even though he feels there are too many fifty-five foot lots, is moving the way he would like to see development go. This is the property with the drainage issues they talked about six or eight months ago. He remembered when Mr. Evans was talking to the residents around there he did a great job of addressing their issues. He commended him for that. Councilwoman Rhodes agreed with Councilman Vincenzi. She would not use the “m” word ever because she feels as a City they don’t need to leave it up to the County as to how the Page 18 of 33 Council Regular Meeting June 5, 2006 land around us is going to be developed. Annexing it and doing the best job they can to see they can provide the services and limit the explosion, she feels is the best way to go. She isn’t against development. She likes the concept of this project but she didn’t like the thought of 436 families moving in as much. She felt it was a good use so she didn’t have a problem with it. Councilwoman Lichter asked if they have resolved to the satisfaction of the neighbors on the south their concerns about the water going onto their property. Mr. Evans confirmed they had and informed her they have had a couple of meetings with them. A lady at the P & Z meeting spoke that they had met with them and had resolved their issues. They are going to build up their side of the canal and clean out the canal which will stop some of the water from going in there. They could not and are not putting any more water out than is going off that property right now. Councilwoman Lichter then asked the proximity of this project to what might be a new Fire Station down there. Interim City Manager Williams informed her a mile or mile and a half to the south. Councilwoman Lichter asked about it being serviced by that. Interim City Manager Williams informed her it could. Councilwoman Lichter spoke of this depending on City fire services. She mentioned this being in District 4 and it sounding like we will need a District 5 soon. Mayor Thomas commended Mr. Evans for working with the citizens and the County residents about the problem they have stated about their drainage in Oak leaf and this one. He has gone above and beyond the call of duty. He appreciated that. He didn’t think this fits in with their goal of 30% with fifty-five foot lots into a variety of lots. This is 55% but the way Mr. Evans explained it to him is there is a railroad track running behind it and who wants to build a big beautiful home behind a railroad track. Mayor Thomas asked City Clerk Wadsworth to go back to the aerial. He knows they can’t use the natural vegetation on this because there is none. The only vegetation he knows that exists is along the canals that run through there. He asked Mr. Evans if they are going to try and preserve that. Mr. Evans informed him they were. Page 19 of 33 Council Regular Meeting June 5, 2006 Mayor Thomas opened the public hearing. The following citizen spoke: Mike Visconti , 316 Pine Breeze Drive, asked how many entrances and exits there are with this project. Mr. Evans informed him there is are two, one entrance/exit and one exit only. Mr. Visconti stated for safety’s sake he was just wondering. He has made a comment before that he would like to see some smaller lots. He feels the bigger the lots, the less houses and the less people and more vegetation and more green. Mayor Thomas closed the public hearing. Councilwoman Lichter moved to approve the preliminary plat for a 436-unit single-family residential subdivision located east of US1 and northeast of William Street, second by Councilman Vincenzi . The MOTION CARRIED 4-0 . C. Public Hearing, River Colony Inc. requesting preliminary plat approval for a 15-unit single- family/townhouse residential subdivision located north of Jones Fish Camp Road and west of the Indian River Mayor Thomas asked Barney Dillard to approach the podium. Interim City Manager Williams made a staff presentation. He went over some of the highlights of the PUD agreement. Mayor Thomas stated they talked about the fifty-foot and it is going to be just two-story but that is the architectural. Barney Dillard , 3515 U.S. 1, Edgewater, explained the layout of the townhouses. He further commented on the landscaping he is planning to do. Mayor Thomas stated he was excited about this project. Councilwoman Lichter asked Mr. Dillard if he had any pictures of what these homes were going to look like. Mr. Dillard informed her on the RPUD the plat that they showed on RPUD, they showed the neighborhood development concept Page 20 of 33 Council Regular Meeting June 5, 2006 and the cracker style houses for the single family and then the old Florida style townhouses. Due to there being no comments, Mayor Thomas opened and closed the public hearing. Councilwoman Lichter moved to approve the preliminary plat for a 15-unit single-family/townhouse residential subdivision located north of Jones Fish Camp Road and west of the Indian River, second by Councilwoman Rhodes . The MOTION CARRIED 4-0 . nd D.2 Reading, Ord. No. 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, cont. from 5/1/06, Item 6A to be continued to 7/10/06, awaiting comments from Volusia Growth Management Commission (VGMC) nd E.2 Reading, Ord. No. 2006-O-08, Anthony and Melissa Lancellotta requesting an amendment to the Comprehensive Plan Future Land Use Map to include .9+ acres of property located at 2923 Oak Trail as Low Density Transitional with Conservation Overlay, cont. from 5/1/06, Item 6C to be continued to 7/10/06, awaiting comments from VGMC nd F.2 Reading, Ord. No. 2006-O-09, Anthony and Melissa Lancellotta requesting an amendment to the Official Zoning Map to include .9+ acres of property located at 2923 Oak Trail as RT (Rural Transitional), cont. from 5/1/06, Item 6D to be continued to 7/10/06, awaiting comments from VGMC Mayor Thomas stated it looked like they were going to supercede Items D, E, & F. st G.1 Reading, Ord. No. 2006-O-18, Reflections Community Development, LLC requesting an amendment to the Official Zoning Map to include 877.50+ acres of land located at the southwest corner of SR 442 and I-95 as RPUD (Residential Page 21 of 33 Council Regular Meeting June 5, 2006 Planned Unit Development) and approval of associated RPUD Agreement City Attorney Palmer read Ord. 2006-O-18 into the record. Interim City Manager Williams made a staff presentation. He then went over the significant points of the RPUD agreement. Councilman Vincenzi asked City Clerk Wadsworth to put up the colored photo again. He asked if the circles at the top were wellfields and how they are protected. Mayor Thomas stated he thought with the 500-foot buffer. Mr. Lear stated it is to be amended in the Code to be 500 but it is 200 at this point. He then commented on the primary wellfield protection zone that is required in the City’s Land Development Code. Mayor Thomas asked how close they could build to this. Mr. Lear explained they could build within there as long as you aren’t seeping any noxious chemicals into the ground. Councilman Vincenzi confirmed the red area was commercial and the yellow was single-family residential. He then questioned houses being built on top of the second wellfield. Ken Mitchell, Mercedes Homes, explained if they look at the planning they have got under way already he believed virtually all of that area has detention ponds over the wellfield areas. Scott Sterns explained the single-family portion of the wellfield is yellow. This portion has no development currently planned adjacent to that and the commercial portion has lines on adjacent on top of that area which will protect the wellfield. Councilman Vincenzi confirmed even though it is marked yellow and red for certain types of development there isn’t going to be any building in that lined area. Mr. Mitchell informed him that was correct. Councilwoman Rhodes stated in the yellow but on the commercial there is going to be commercial built. The Reflections representative asked if they have the detention pond in that area as well. Scott Sterns, 520 S Magnolia, Orlando, Florida, Boyer Singleton Engineers, explained currently there is at the Page 22 of 33 Council Regular Meeting June 5, 2006 main project entrance adjacent to the red area, in the wellfields there is a retention pond and the main signage for the project and that pond will be a feature pond, which will be a lined pond which will have a fountain or something like that in it. It is an amenity pond and it will be a lined pond so that it does not allow the water in the pond to seep into the groundwater. It actually bleeds it out downstream. Councilwoman Lichter questioned if this really works. She knows conditions with fountains and they are supposed to be lined underneath and still you lose water. Mr. Sterns explained it is a lined pond. Just like any other kind of rainfall you would have, it if hits the side banks it may percolate into the ground. Everything they are proposing to do is meeting the requirements of the Land Development Code. They are going to meet all of the Federal guidelines that are in the development agreement and the City’s Land Development Code. Councilman Vincenzi expressed concern with the map that was just provided there isn’t going to be anything built. There is going to be a retention pond right next to the second entrance. Even though that is marked commercial, it is really going to be a retention area. Mr. Sterns explained this plan does not show any of the internal retention ponds on it so that is inside the development areas. Councilman Vincenzi was concerned with the commercial and residential areas running off and people using chemicals on their lawns. Mr. Sterns thought this was something that could be discussed at the site plan approval process. That is a conceptual plan and their intent. When they have a commercial user that is going to come in and potentially use that site that is something that will be contemplated at that time. Councilman Vincenzi asked if the City has adequate rules and regulations in place to protect this. Mr. Lear stated they are well aware. Terry Wadsworth is looking into it as well. It is very conceptual at this point. Once the rubber hits the road, they will be looking more into wellfield protection. Councilman Vincenzi stated that is a major concern for him. Councilman Vincenzi asked about the multi-family residential Village 9 & 10 and what types of structures are Page 23 of 33 Council Regular Meeting June 5, 2006 going to go there. A Reflections representative explained their typical multi-family structure at present ranges from approximately 22 feet wide to 30 feet wide. It’s a fee simple ownership. The lot lines go down to the center of the individual units. Typically anywhere from between a minimum of three to a maximum of eight, generally about four to six units per building, for sale to the general public. In their current environment, that is a starter home for a lot of families. Ken Mitchell, President, Corporate Land Division, Mercedes Homes, presented a history of Mercedes Homes. Mr. Mitchell then commented on the water issue with regard to some thoughts he offered and some of the things that could be incorporated into this community. They started several years ago controlling the irrigation, particularly in their multi-family town homes communities. They have a master irrigation system with remote valves that they control as the homeowners association. One of the big problems in Florida is over watering. He commented on the St. John’s Water Management District regulations. He spoke of nobody in Brevard County under the two days a week control plan ever receiving a citation. They control that by controlling all the irrigation to all of their higher density units and to their smaller residential lots. They put in the common irrigation system and control the valves. They have a master panel that has anywhere between 100 to 300 individual controls so when they set the community to water two days a week you can only water two days a week. The homeowner cannot take responsibility and override the system. They feel this is very important from a water conservation standpoint. The other thing they have started doing is to put natural vegetation around their detention and retention ponds. He commented on a community in Melbourne called Montecito that has natural grasses around the lakes. They don’t allow exotic plants in their subdivisions and they encourage and approve in their approved plant list only native vegetation. They started making this transition about two to three years ago. Mr. Mitchell stated they were here tonight because they wanted to be an active part of Edgewater’s future growth and they want to set an example for a master plan community development west of I-95. They have been working very hard with City staff for more than six months to generate a community that offers a great lifestyle for a very wide Page 24 of 33 Council Regular Meeting June 5, 2006 variety of Edgewater residents. Their plan received unanimous approval and support of the Planning & Zoning Board several weeks ago. They offer extensive parks and open space and several different types of housing. The commercial land at the corner of I-95 and Indian River Blvd. represents a unique opportunity to take advantage of a regional retail demand and the associated revenue. They are new to the area. He feels their housing operations will stimulate the local economy, provide new jobs and increase revenue from the purchase of housing related products. They will have affordable housing products for teachers and other public sector employees. They are matching the needs of the community by offering a site for a fire station and a school. They have listened to the needs of the adjoining property owners and they have modified their access to the south for the benefit of the Miami Corp and the Ford family. At the joint City Council and Planning and Zoning Board work session, they share their vision for the community and they are ready to make that vision a reality. They asked the Council to support their hard work and vote for the approval of Reflections as Edgewater’s newest signature community. Councilman Vincenzi asked what they plan on having in the commercial area. Mr. Mitchell informed him it is very early in the planning for that particular area. Obviously commercial demand follows residential growth and residential activity. He mentioned there being nothing on the west side of Indian River Boulevard. He feels it will occur in phases. He is a proponent of a village concept. At this point it is difficult to assess. Today probably the only heavy demand for this site would be a gas station and he feels it would be a mistake to just jump in and throw a gas station at the entrance of their community. Councilman Vincenzi agreed. Councilwoman Rhodes suggested they think grocery store so all of the people don’t have to come to downtown Edgewater to buy groceries. Mr. Mitchell pointed out an area that is designed to be a Publix or Winn Dixie type grocery store. Councilwoman Rhodes stated the more self sufficient this community is, the less impact it will have on the rest of the community. Mr. Mitchell stated this community center in this case would service primarily the needs of their residence. Page 25 of 33 Council Regular Meeting June 5, 2006 Councilwoman Rhodes asked who sets up their irrigation systems. Mr. Mitchell informed her the homeowners association. Councilwoman Rhodes then asked if somebody in the homeowners association would be able to over ride it. Mr. Mitchell informed her yes but their homeowners association management company who operates the system isn’t going to want to violate St. Johns standards. Councilwoman Rhodes stated twenty years down the road if this is left to degrade and fall apart then you don’t have an irrigation system. Mr. Mitchell stated the good thing about this system is that the valves are all controlled from a master box. Councilwoman Rhodes asked if it is going to be the homeowners association to maintain the system. Mr. Mitchell stated the way they would set up their guidelines would be a homeowners’ association responsibility. It could not be something that they abridge their responsibility. Councilwoman Rhodes mentioned instances in the City where things like that were put in place and left to forget about and nobody knows about them. Mr. Mitchell commented on documents being created today for homeowners associations being much more rigid and much for difficult for someone to ignore that responsibility. Councilwoman Rhodes commented on Interim City Manager Williams comment about decreasing some of the multi-family and replacing it with a like number of single-family dwellings. She asked how this impacts the green space and if they have to take away from the green space. Mr. Sterns explained they would be trading a larger number of multi- family for a smaller number of single family. They could not alter the amount of park space because that is in the PUD. Councilwoman Rhodes wants to make sure this is something the lawyers pay attention to. She doesn’t want there to be any misunderstanding. Councilwoman Rhodes felt the fire station but asked about a shelter also. Because then we are on the other side of I- 95 and we are where we can have a shelter. Interim City Manager Williams stated they would look at incorporating that design into the fire station as well. Councilman Vincenzi mentioned the school. Interim City Manager Williams stated the school would probably qualify as an impact resistant shelter being that far out. Councilwoman Rhodes stated for the school, the land is conveyed to the City and the City conveys it to the County and if the County doesn’t use, the developers get it back. Page 26 of 33 Council Regular Meeting June 5, 2006 Councilwoman Rhodes wants the City to have it if the County doesn’t use it. Mr. Sterns asked what they are going to do with it. Interim City Manager Williams stated he thought they could. She asked Mr. Mitchell how they felt about it. Mr. Mitchell stated if they use it as a park and give him credit on his park fees, he would be happy to do that. Councilwoman Rhodes stated we might use it for a City Hall or a shelter. They don’t know what in the future they are going to need. If it is going to go for public use and the County does not want to use it for public use, the City needs to have it for public use. Mr. Mitchell commented on his conversations with the School District. He pointed out where the school site would be because they have some upland that would be available for the school. This would make a good park area. Interim City Manager Williams stated between now and the second reading that is something they could discuss. Mr. Mitchell stated he was totally unprepared for it because they have never talked about before. He believed if he dedicated land for the school site he knew the CDB would participate. He didn’t know if they would do that for the City. Councilwoman Rhodes suggested they talk about it and maybe they could do something if that was going to be a park at that time that could help the developers out. If it is going to go for public use anyway, she wants to see it go for public use regardless of whether it is County public or City public. Councilwoman Lichter commented on always wanting this spot to be the new City Hall because of the river. She commented on the School Board purchasing the old horse farm for the middle school. She feels this location is more central to the City and a gorgeous spot. She was thinking about some kind of trading. Maybe out there might be a good spot for the middle school. She would like to talk about that possible type of swipe. Interim City Manager Williams explained they have approached the School Board with some of those ideas as well. Councilwoman Lichter asked Mayor Thomas if he said on this property some place there are bears. Kenny Clinton gave her eight pictures of a bear that she thought were behind this property. Mayor Thomas confirmed it was. Councilwoman Lichter asked what they are thinking about that interaction due to bears being important to the Page 27 of 33 Council Regular Meeting June 5, 2006 environment around here. She asked if they have made any plans for that type of thing. Mr. Mitchell stated they have thought about a lot of things but not bears. Mayor Thomas stated he leases the 52000 acres that is adjacent to this 800 and they have between thirty-five and fifty bears and they roam all over. This is not bear habitat what they are talking about. It is not unusual for one to roam up there and they are going to have to take precautions on how to tie down their garbage cans but they aren’t going to hurt anything. Mr. Mitchell stated all of their deed restrictions do not allow you to put out your garbage other than the day it is being picked up. It wasn’t written for bears. It was written for raccoons and other wildlife but it will certainly work for bears as wells. Councilwoman Lichter stated she talked to the developer north of them and they are planning to do something about bear crossings. She felt they should think about the bears due to them being very unique around here. Mayor Thomas felt Councilman Vincenzi had a very good point about the wellfields. He feels they need to make arrangements to have those protected. When they put them next to the road, they are subject to sabotage. He feels they need to go to extremes to protect those. He met with the Snowden people the other day and since our wellfields are here they are going to have to construct the four-lane road mostly on their property. He hoped he spoke for the developers saying they would help them or get together with them. Mr. Mitchell confirmed they have already met with them. Mayor Thomas asked if they are still going to leave a buffer on I-95 where the people going down I-95 will not see the back of the houses. Mr. Mitchell informed him they were. Mayor Thomas pointed out an area that is an extreme cypress farm. That is really good for your property because it can help drain and that goes into the Crane Swamp drainage system and he didn’t think that could ever be developed. He thinks it is a very good project. He is incorporating Smart Growth. He is going along with the City plans Page 28 of 33 Council Regular Meeting June 5, 2006 regarding the size of the lots, which he feels they need a variety and he is also doing commercial. He asked if other City residents would be able to visit those stores. Mr. Mitchell informed him absolutely. In fact, they are counting on it. He patrolled this property before the wellfields were initiated and our wellfields have really hydrated that soil and has left most of it high and dry to be buildable. He spoke of setting up wellfields on the other side of I-95 for Plan B. Mayor Thomas opened the public hearing. The following citizens spoke: Mike Visconti, 316 Pine Breeze Drive, stated in his estimation this is one of the best concepts that has come along in a long time. It reminds him when he first went to the Villages. It reminds him of a city within a city and it is in a good spot and he feels the name Reflections is going to reflect on Edgewater of what we do. He is very enthused about it and feels it is a good concept. He feels this one should be passed. David Ross, 2803 Needle Palm Drive, stated he has absolutely no objections of this development. He feels there are a couple of things they need to be aware of. There was a density of 1.5 or whatever per acre. That is not part of the RPUD because the developer has said he has intentions of developing additional property on this 877 acres. He thinks it is a little bit misleading to say this is a 1.5 development. If it is then write it in the RPUD and that will close it down for future development but that isn’t the developer’s intention. Councilwoman Rhodes stated it is in the RPUD because she remembered reading it. Mr. Ross questioned if at the P & Z meeting there was conversation that he intended to develop some additional property on the 877 acres later on. Mr. Lear informed him he would have to amend the agreement. Mr. Ross stated there would be a request to amend the agreement. So the 1.5 is temporary. Mr. Ross stated the P & Z gave it unanimous approval however in that approval was a condition that the developer negotiate in good faith prior to tonight with the City for five acres of land for a City Hall. He hasn’t heard the talk about the status on that. Page 29 of 33 Council Regular Meeting June 5, 2006 Councilwoman Rhodes stated they went with a fire station instead. Mr. Ross stated no ma’am, City Hall. It is in the minutes of the meeting. Councilwoman Rhodes stated she knows that is what P & Z recommended but that doesn’t mean that is what they have to do. Interim City Manager Williams stated negotiations are ongoing and they hope to have some solidified before the second reading. Mayor Thomas closed the public hearing. Councilwoman Lichter asked if they are still planning that and she knows they want to see it from the highway but they said that this was higher than normal. Interim City Manager Williams stated his understanding is they are still planning for that. Councilwoman Rhodes stated it is in the PUD and it is sixty feet. Councilwoman Rhodes suggested they put the City of Edgewater welcomes you to Reflections. Mr. Mitchell stated they would be glad to put the City’s logo on it. The reason behind the height is because they have an overpass there and you really couldn’t see any entry monument at all if you didn’t give it some height above the bridge elevation. He said it is very important to go that high and it is going to be a very expensive monument but it’s a very good solution. Councilwoman Rhodes stated she would like to see somewhere on that sign it says City of Edgewater. She asked Mr. Mitchell to consider that. This is going to put our little sign to shame. Mr. Mitchell agreed to bring some illustrations to the second reading to show the Council some ideas. He hadn’t prepared to do it but he didn’t have a big objection to it. He thinks there is a way they could do that and it could be quite nice. Mayor Thomas asked Interim City Manager Williams what notes he had taken that they are going to negotiate. He listed the items he would be looking into. City Attorney Palmer suggested the negotiations also include a provision that the declaration or homeowner’s docs provide for the maintenance of the irrigation system. Page 30 of 33 Council Regular Meeting June 5, 2006 Councilwoman Lichter moved to approve Ord. 2006-O-18, Reflections Community Development, LLC requesting an amendment to the Official Zoning Map to include 877.50+ acres of land located at the southwest corner of SR 442 and I-95 as RPUD (Residential Planned Unit Development) and approval of associated RPUD Agreement, second by Councilwoman Rhodes . The MOTION CARRIED 4-0 . Mayor Thomas stated he was instructed by City Clerk Wadsworth to go back to Items 6D, 6E and 6F. He read the titles of these ordinances at this time. Councilwoman Rhodes moved to continue Items 6D, 6E & 6F until July 10, 2006, second by Councilman Vincenzi . The MOTION CARRIED 4-0 . 7. BOARD APPOINTMENTS A.Police Pension Board – affirming Police Department’s election of Dan Blazi to serve another 2-year term Councilwoman Rhodes moved to affirm Sergeant Dan Blazi as one of the police officer representatives on the Police Pension Board, second by Councilwoman Lichter. The MOTION CARRIED 4-0 . 8. CONSENT AGENDA There were no items on the Consent Agenda to be discussed at this time. 9. OTHER BUSINESS A.Interlocal Agreement – staff recommending approval of the Second Amendment to the Interlocal Agreement establishing the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System to include the Town of Ponce Inlet and those eligible stations of Volusia County Fire Services and authorize the Mayor to execute the amendment Page 31 of 33 Council Regular Meeting June 5, 2006 Mayor Thomas informed Council they were including Ponce Inlet into the agreement. Councilwoman Rhodes moved to approve the Second Amendment to the Interlocal Agreement establishing the East Volusia Local Government Fire-Rescue and Emergency Medical Services Automatic Aid and Closest Unit Response System to include the Town of Ponce Inlet and those eligible stations of Volusia County Fire Services and authorize the Mayor to execute the amendment, second by Councilman Vincenzi . The MOTION CARRIED 4-0 . 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. City Attorney Palmer had nothing at this time. C. City Manager Interim City Manager Williams informed Council they each received consensus points from the Planning & Zoning Board outlining all of their comments with proposed changes to the Land Development Code. They are requesting an additional month to review the comments, which will allow Council to review them and provide feedback as well with the final recommendation from the Planning & Zoning Board coming back for the first reading in August. Councilwoman Rhodes asked if the tree ordinance is in there. Interim City Manager Williams informed her they are bringing that forward with all the proposed changes in the Land Development Code. Interim City Manager Williams commented on the change to the revised budget schedule. They will be providing the thth preliminary budget on June 14 for the June 26 Council work session. Interim City Manager Williams informed Council what they plan to do for the first meeting of every month is to bring to Council their projected fund balance or projected position as of a specific point in time. He went over the period ending April 2006. Page 32 of 33 Council Regular Meeting June 5, 2006 Councilwoman Rhodes asked Interim City Manager Williams to hand out copies of this from now on. Interim City Manager Williams agreed to do this. 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments/Correspondence at this time. A. Tentative Agenda Items There were no Tentative Agenda Items to be discussed at this time. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:32 p.m. Minutes submitted by: Lisa Bloomer Page 33 of 33 Council Regular Meeting June 5, 2006