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11-04-2002 - Regular " u u ",- CITY COUNCIL OF EDGEWATER REGULAR MEE TING NOVEMBER 4, 2002 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Myron Hammond Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Paralegal Robin Matusick Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTE S A. Special Meetino of September 9, 2002 Councilwoman Lichter moved to approve the September 9, 2002 Special Meeting minutes, second by Councilman Hammond. The motion CARRIED 5-0. B. Reoular Meetino of September 9, 2002 Councilman Brown moved to approve the September 9, 2002 Regular Meeting minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. C. Reoular Meetino of September 16, 2002 Councilwoman Rhodes moved to approve the September 16, 2002 minutes, second by Councilwoman Lichter. The motion CARRIED 5-0. o Q D. Reqular Meetinq of October 7, 2002 Councilwoman Rhodes moved to approve the October 7, 2002 minutes, second by Councilman Hammond. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recoqnition of appointed/reappointed Board and Committee members Mayor Schmidt recognized Mr. Hamell, Mr. DelNigro and Mr. Corn as being appointed or reappointed Board or Committee members. CITIZEN COMMENTS Harold Brander, 110 E Yelkca Terrace, stated he lives next to 104 E. Yelkca Terrace. He presented a petition from people on his street. The house has been sold and is going to be remodeled. They asked the City to investigate this house because they would like to get this house remodeled the way it was built. It was built as a one bedroom apartment upstairs and offices downstairs. Over the past 25 years it has been illegally converted to three or four units for low income people without any adequate parking. They couldn't find any permits for the alterations done to the building. They have added two more entrances. Councilwoman Lichter asked if they have building permits. City Manager Hooper didn't know. He suggested the Council take the petition. He asked for a week until they corne back to find out if they have a building permit. Mr. Brandner stated he spoke with Mr. Fischer and he recommended he corne before Council with this case. This house is called the Harris House and has been boarded up by the City and now it has been bought by a local developer who developed everything in private. Councilwoman Rhodes stated if he is getting a permit to do that then he isn't going to be able to do it against Code. City Manager Hooper stated he needed to speak to Mr. Fischer. Councilwoman Lichter stated she is interested in the business aspect of this. Mr. Brandner stated it is next to Dudley's Funeral Horne so it is B-3 and zoned commercial and it was built for Harris builder and he built it for his offices downstairs and he lived upstairs. Page -2- Council Regular Meeting November 4, 2002 u Q Mayor Schmidt asked Mr. Brandner to turn the petition into City Clerk Wadsworth. CITY COUNCIL REPORTS Councilwoman Rhodes commented on what a pleasant experience the Fall Festival was. She commended Mr. Corder and Ms. Moeller and Mr. Corder's staff for doing a wonderful job. Councilwoman Lichter agreed with Councilwoman Rhodes. She felt the judging was most difficult. It was a wonderful occasion. Councilwoman Lichter informed the public of a phone number they can contact for charities that are calling all day and night to check with the Florida Department of Agriculture and Consumer Services to see if these charities are a legitimate non-profit organization. That number is 1-800-HELP-FLA. That doesn't apply to religious, educational, government agencies or political groups. Councilwoman Lichter stated Pet Society Inc. has been doing quite a few small fund raisers. On November 9th there is going to be pictures taken with Santa for pets at Kitty Kritters. On November 23rd they have gotten the Library to have a meeting with volunteers. They are asking for anyone that has ideas or would like to help with the fund raising. The meeting will be held at 9:30 a.m. Mayor Schmidt commented on the Fall Festival and Family Day at the YMCA for the employees. He felt Parks and Recreation and Personnel did a great job. He recognized Liz McBride for ten years of service and City Clerk Wadsworth for thirty years of service. Mayor Schmidt spoke about getting a left hand turn arrow heading south at Park Avenue. They have put the process in motion and from everybody he has talked to it should be a no brainer since everything else is there. That should alleviate some of the traffic on Wilkinson Avenue. Mayor Schmidt spoke about work coming down at Roberts Road and u.S. #1. Rumor has it there is going to be a no u-turn at that intersection. Within a year and a half there should be a turn lane put in there. Page -3- Council Regular Meeting November 4, 2002 u Q Mayor Schmidt encouraged everyone to vote tomorrow. City Manager Hooper stated an appointment needs to be backup to the Water Entity. Mayor Schmidt asked City Hooper to be the alternate for Councilwoman Lichter. Manager Hooper agreed. made for a Manager City Councilwoman Lichter stated they will be meeting in Deltona. I the past all water meetings have been held in Port Orange or South Daytona. Councilman Brown reminded everyone on November 11th there will be a service for Veterans at Sea Pines. He got a compliment regarding Planning and Zoning from a couple of contractors. They are very satisfied with how everything was handled. Councilman Brown also encouraged everyone to get out and vote. Councilman Hammond stated he received his tax bill today. He is going to be working hard to see when the next budget comes up that they don't have an increase. He hears from a lot of service providers that deliver parts and supplies that we are subbing out our repair work to New Smyrna Beach. He would like to know what it runs on a lot of little items. He spoke of Edgewater having a facility that is just sitting there. He mentioned a comment made by someone in New Smyrna Beach that said they wouldn't put one red cent into Edgewater. He has a problem with subbing some of our work outside the City if we can do it here or have it done in our City. He would also like to know where some of our heavy expenses are and how they can be curbed. As a City we are growing and taking on more developments. He feels they have to start looking ahead and know where they are going to be going. City Manager Hooper asked if he would like the Council to bring some of this back at the next meeting and under his report talk of New Smyrna, the rates, why they are doing this and what they are doing. He agreed to also talk of the big picture with regard to cuts being there if the City is willing to make those and what those costs could be. He is going to ask for a Work Session on the 18th before they are done tonight. He could speak about New Smyrna tonight but he could get more facts and show them exactly what has been spent, what is coming back out of that and what the City's cost would have been. Councilman Hammond feels that would be a good plan. The Council knows some but the people don't know. Page -4- Council Regular Meeting November 4, 2002 u o PUBLIC HEARINGS, ORDINANCE AND RESOLUTIONS A. Public Hearinq, Nancy Hansen, authorized aqent for Edqewater United Methodist Church, requestinq a Special Activities permit for a charitable event/activity (Christmas Under the Palms) City Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Lichter asked if there are fees involved with this. City Manager Hooper informed her yes. Councilwoman Lichter stated they did not ask for a waiver and will be paid. City Manager Hooper informed her that is correct. Nancy Hansen, 232 N Ridgewood Ave. #28, stated it is a charitable event. City Manager Hooper stated what they have done to date and his urging of Council from here on is there is a City cost. One of the things they do now that they didn't do before was expanded the area they advertise these to 500 feet verses a much smaller. Our cost for a single day or a small event is equal to the cost of the application. The recommendation, even thought it is non- profit charitable, it still costs the City to put on the advertisements. Councilwoman Rhodes mentioned not having budget dollars to cover it. City manager Hooper stated Planning was set up as a mini- enterprise so the money revenue in equals their expenses. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to grant the Special Activity Permit for the Methodist Church for a charitable event, second by Councilman Brown. Councilwoman Rhodes stated she no longer works for the Methodist Church anymore. The motion CARRIED 5-0. B. Public Hearinq, Rich Fromm, owner of Rich's Place, requestinq a Special Activities permit for a charitable event/activity (Poker Run) and to waive the permit fee Page -5- Council Regular Meeting November 4, 2002 u o City Manager Hooper made a staff presentation. Staff recommends approval with no waiving of the fee of $150. Richard Fromm, 2422 Needle Palm Drive, stated he put down waiving the fee because he figured he might have a chance because it is for a charitable cause and he is putting a lot of food out of his own pocket. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve the Special Activity Permit for a charitable event poker run at Rich's Place with no waiving of the fee, second by Councilman Hammond. Councilwoman Lichter asked if the County gets notified. City Manager Hooper stated everyone within 500 feet gets notified. The motion CARRIED 5-0. C. Public Hearina, Ed Grant, authorized aaent for Edaewater Terrace Inc., seekina final plat approval for a subdivision to be known as Maiestic Oaks which provides for 97 sinale-family buildina lots subiect to compliance with all revisions reauired by the City Surveyor, City Attorney, City Enaineer and City staff, formal acceptance by the City of a bond on remainina infrastructure: and authorizina the Mayor to execute the documents City Manager Hooper made a staff presentation. Staff recommends approval. This is asking Council's approval for him to plat, which is just the Mayor signing and having it recorded, that that be acceptable when all of the staff conditions and attorney conditions are met and turned back in. Councilwoman Lichter asked about the roads. In Edgewater Landing the developer put in the roads and they had to be acceptable to the City and then the City took them over but they were paid for by the homeowner. City Manager Hooper stated the developer will construct the roads to City standards. There will be an inspection done as well as a two-year maintenance bond. After that the City accepts them and they become City responsibility for maintenance. Page -6- Council Regular Meeting November 4, 2002 u o Councilwoman Lichter asked if there are retention ponds in there. City Manager Hooper informed her they are in there but the City does not accept the retention ponds. They stay with the Homeowner's Association. City Manager Hooper further commented on the responsibilities of the Homeowner's Association. Councilman Hammond questioned this being set up for 200 homes at one time. City Manager Hooper explained this at one time had a court order that said it could have no more than 200, it had a certain size buffer and it also had a requirement that it could not connect to the streets in Silver Ridge. It came back through Council with a much less number and was reviewed by this Council and the Attorney that this met the court order conditions to have this approved. He is well under way with the construction and is ready to sell some of these lots to builders so they can concurrently be constructing during the completion of the infrastructure. Councilwoman Lichter stated she is interested in what is going on with U.S. #1 in terms of this project. City Manager Hooper informed her there are turn lanes and a nice median cut. Councilman Brown feels this is going to be a great addition to Edgewater. Ed Grant, 873 Hewitt Drive, Port Orange, introduced himself. Councilwoman Lichter asked how much space will be between the homes. Mr. Grant informed her anywhere from 10 to 15 feet. Councilwoman Lichter asked if they meet the City requirements in the back. Mr. Grant informed her they meet all the requirements. Mayor Schmidt mentioned comments he has received regarding how long the turn lanes are. Mr. Grant stated he believed they were 300 feet on each side. Dominic Capria, 606 Topside Circle, asked the lot sizes and price of the homes. Mr. Grant stated they sell the lots. They don't build homes and he didn't know what the cost was. Holiday Builders has bought the whole project. City Manager Hooper stated the lots average 60' X 120'. Page -7- Council Regular Meeting November 4, 2002 o o Councilwoman Lichter asked about Silver Ridge having a problem with this. City Manager Hooper stated the representatives of Silver Ridge reviewed this and agreed they were consistent with the court order and they were a party to the court order at the time. Councilman Hammond spoke of there being no Homeowner's Association with Florida Shores and not being able to get compliance with everything. Mayor Schmidt opened the public hearing. Dick Jones, 1530 Sabal Palm Drive, asked about the separation between homes being 10 to 15 feet. He asked about the 10' setback requirement. He asked if that applies in that area. Councilwoman Lichter stated no, because of the court case. Mr. Jones expressed concern with the Ad Hoc Committee that discussed recreational vehicles and parking them in the back and these lots not being wide enough to get them in the back. Councilwoman Lichter mentioned they may have exceptions like Edgewater Landing that they don't know about. Mayor Schmidt stated they will still have to go by the same rules. If the boat won't fit, they will have to find somewhere to put it. City Manager Hooper spoke of having limited choices per the court order. Mayor Schmidt closed the public hearing. Councilman Hammond moved to approve the final plat for Majestic Oaks subject to the conditions coming back from the City Attorney and City Surveyor and authorization for Mayor Schmidt to sign the plat, second by Councilwoman Rhodes. The motion CARRIED 5-0. D. 2nd Readinq, Ord. No. 2002-0-17, amendinq Section 1-8 (General penalty: continuinq violations) and Section 1-9 (Additional court cost for law enforcement education) of Chapter 1 (General Provisions) of the Code of Ordinances Paralegal Matusick read Ord. 2002-0-17 into the record. City Manager Hooper made a staff presentation. Staff recommends approval. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -8- Council Regular Meeting November 4, 2002 o o Councilwoman Lichter moved to approve Ord. 2002-0-17, second by Councilman Hammond. The motion CARRIED 5-0. E. 2nd Readinq, Ord. No. 2002-0-18, amendinq Chapter 6 (Boats, docks and Waterways) to include Article I (General); Article II (Non-Movinq Boatinq Violations) and Article III (Movinq Boatinq Violations) of the Code of Ordinances Paralegal Matusick read Ord. 2002-0-18 into the record. City Manager Hooper made a staff presentation. Staff recommends approval. Mayor Schmidt opened the public hearing. Dick Jones, 1530 Sabal Palm Drive, questioned the territorial limits of the Waterway being in the center of the channel for Edgewater. He asked if this is still the same. City Manager Hooper stated tonight it is the same but they are doing a similar agreement that will enable them to have authority to issue citations throughout both sides of the channel. He commented on why they don't have this tonight. Councilman Hammond moved to approve Ord. 2002-0-18, second by Councilwoman Lichter. The motion CARRIED 5-0. City Manager Hooper informed Council the patrol becomes effective this week. F. Res. No. 2002-R-28, establishinq a schedule of fines, penalties and/or costs relatinq to various law enforcement violations City Manager Hooper made a staff presentation. Staff recommends approval. If there is a fee change, they will bring this back to Council. Paralegal Matusick read Res. 2002-R-28 into the record. Councilwoman Lichter asked if this resolution pertains just to specific fees or one area of fees. Paralegal Matusick explained it relates to all of the fines and violations. Councilwoman Lichter asked if they are different than they were before. City Manager Hooper explained they are locally enacted so the money can come back to the City. Prior to that there were no fees or the money went to the State. Page -9- Council Regular Meeting November 4, 2002 u u Councilwoman Lichter questioned the fee for the ticket being the same price it is just who gets the money they are dealing with. City Manager Hooper stated there are some new fees that weren't in there before. Paralegal Matusick explained some of those can be charged by either a violation to the Code of Ordinance or pursuant to the statutory requirements. City Manager Hooper further explained why they would do this as a City. Mayor Schmidt opened the public hearing. Ferd Heeb, 115 N. Riverside Drive, asked what the fees are. As the audience they have no idea what Council is talking about. Councilwoman Rhodes stated it depends on the violation. City Manager Hooper stated for boating they range from $50 to $100. Mr. Heeb spoke of this being the time of year when the yachts proceed south. Most of the captains are coming from New York, Maine and Massachusetts. That is a long way when you go through as many speed zones as they have on the intercoastal. He spoke of the wake these boats are making. He feels if they want to balance the budget to put a cop behind the mangroves. Mayor Schmidt closed the public hearing. Councilman Hammond moved to approve Res. 2002-R-28, second by Councilwoman Lichter. The motion CARRIED 5-0. G. 1st Readinq, Ord. No. 2002-0-19, establishinq Section 10- 97(d) authorizinq the City to charqe for lien research requests City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. 2002-0-19 into the record. Mayor Schmidt opened the public hearing. Mike Visconti, 316 Pine Breeze Drive, asked if they are paying the Department of Transportation for these services to maintain the highways. Mayor Schmidt informed him that is the next item. Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to approve Ord. 2002-0-19, second by Councilwoman Rhodes. The motion CARRIED 4-0. Page -10- Council Regular Meeting November 4, 2002 o o H. Res. No. 2002-R-29, authorizinq the Mavor to execute a Memorandum of Aqreement between the City of Edqewater and FDOT for City to continue performinq hiqhwav maintenance and the City to be paid an annual sum of $16,604.24 city Manager Hooper made a staff presentation. Mayor Schmidt asked if this contract goes up every year. Mr. Corder stated normally they raise it 3% but because of the work being done on SR 442, they kept it the same. They are still paying us to do SR 442 but we aren't doing maintenance there because of the construction. Councilwoman Rhodes asked how much more it costs the City. City Manager Hooper stated it probably costs five or six times this amount. Councilwoman Rhodes asked if we can ask them to reimburse us for the actual cost. City Manager Hooper informed her no because it is a State road and they pay for a State road saying that is the minimum they would pay. Councilwoman Rhodes asked if they could go to the Florida League of Cities and get a letter from them to the State saying the cities in this State don't think it is adequate. Mayor Schmidt stated they would turn around and say they would do it on their cycle and then the cities are stuck. City Manager Hooper informed her that has been tried. He further commented on the State's theory. Mayor Schmidt spoke of having things on SR 442 that we didn't have before. He asked if this will be adjusted next year. Mr. Corder stated this agreement can be amended. They put that in there for that purpose. When the project is complete, they will sit down with them and negotiate. Councilwoman Lichter asked how far south we are having them do extra. Mr. Corder stated they now mow to approximately Volco Road. Councilwoman Lichter stated the corner of Volco Road and u.S. #1 looks worse than anything else in the City. Mr. Corder stated he asked for a cost estimate to pick up the litter and mow to Ariel Road and they gave him a cost of approximately $3,000 for a year. Paralegal Matusick read Res. 2002-R-29 into the record. Mayor Schmidt opened the public hearing. Page -11- Council Regular Meeting November 4, 2002 u u Mike Visconti, 316 Pine Breeze Drive, stated we only have one highway coming into Edgewater which is SR 442. He questioned it costing the City $16,000. He spoke about beautifying u.s. #1. City Manager Hooper informed Mr. Visconti this isn't money the City pays them. It is money they pay us. Mayor Schmidt closed the public hearing. Councilman Brown moved to approve Res. 2002-R-29, second by Councilman Hammond. The motion CARRIED 5-0. J. Res. No. 2002-R-30, opposinq Volusia County's proposal to delete the extension of the Beltline from its 5-year work proqram, that Volusia County undertake a corridor studY of the east Volusia Beltline from its present terminus to SR 442 and the impacts of the planned interchanqe at 1-95 and Pioneer Trail City Manager Hooper made a staff presentation. staff recommends approval. Councilwoman Lichter spoke about the residents on both sides of u.s. #1 being asked if they would like to see u.s. #1 widened. They said no and wanted an alternate road running parallel to u.S. #1. City Manager Hooper explained it is on the County's unfunded twenty-year long term road plan. They were taking it off of that plan. What they need to have first is to put it on the plan and then have an alignment study. He feels we need another north-south connector desperately. Councilman Brown stated that would automatically make SR 442 extended somewhat to the west to tie into this. He feels this is a good idea. Paralegal Matusick read Res. 2002-R-30 into the record. Councilwoman Lichter asked where the $10,000 is coming from. City Manager Hooper stated it will probably come from our reserves, our contingency. At this time, they haven't budgeted or picked a particular place for it, letting the County first agree that it will occur and if so they will find a place for it. Mayor Schmidt asked to make sure they ask the powers to be in the County that if there is information that already exists to look that up first before they pay somebody to do the exact same thing over again. City Manager Hooper agreed to do this. Page -12- Council Regular Meeting November 4, 2002 o Q Councilwoman Rhodes suggested the next time they write a letter like this they don't offer $10,000 and they let them ask us for it. City Manager Hooper feels this was done as an incentive. They were told they have to come up with some money or they wouldn't bring it back up. Councilwoman Lichter asked what the reasons were for taking something off that was already planned. City Manager Hooper elaborated. Councilwoman Lichter stated it doesn't negatively impact Port Orange at all. City Manager Hooper stated they support it. Mayor Schmidt opened the public hearing. Ferd Heeb, 115 N. Riverside Drive, stated he thought that the extension of Williamson Road was going to whip around on Pioneer Trail and tie into Mission Road. City Manager Hooper stated that is the old alignment. The County had proposed to abandon anything that came on the east side. This is a north-south connector that does Williamson after it crosses 1-95 and runs straight down south and becomes a frontage road on the west side of 1-95. Mr. Heeb feels this encourages expansion and he is not too happy about that. He feels they have to do something. This issue was raised relative to six-Ianing u.S. #1. What will happen is that one of these days they are going to do a traffic count and they won't allow that much traffic on u.S. #1 and they will end up with six lanes. The only way to avoid that is to get another north-south corridor. He has been preaching that Mission Road has to go to Halifax. If you can get east-west tieins to Mission Road, people have an alternative. He commented on the golf course community coming in. He feels the Council has to address this and push for another north-south corridor. He isn't in favor of this running on the other side of 1-95. All that means to him is that is going to open up development. Councilwoman Lichter stated Williamson was supposed to go to Mission Road. City Manager Hooper commented on the MPO's plan. The County Council moved the road to the west side of 1-95 which he believes Port Orange requested. Mission Road is being studied and is on the twenty-year plan to be connected to go north and south. If you look at thoroughfare plan of the County, there is a north-south road on the east side of 1-95. This is in addition to that. Page -13- Council Regular Meeting November 4, 2002 Q o Mayor Schmidt feels with the high school going on Josephine at least the section between Josephine and Park Avenue they should see major improvements even the possibility of four lane because with the traffic, over half of it coming from Edgewater, they don't want that traffic on u.S. #1. The only way they will do that and make it safe is do something to at least that section of Mission Road. Councilman Brown mentioned trying to realign Taylor Road. City Manager Hooper explained they are trying to realign around the High School. That is being studied, which is being funded by the School Board and the County. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve Res. 2002-R-29, second by Councilwoman Lichter. The motion CARRIED 5-0. BOARD APPOINTMENTS There were no board appointments at this time. CONSENT AGENDA There were no items to be discussed on the Consent Agenda. OTHER BUSINESS A. Continuinq Professional Enqineerinq Services Contract - staff recommendinq approval of the Contract with Ouentin L. Hampton Associates, Inc. and authorizinq the Mayor/City Manaqer to execute the contract B. Consultinq Enqineerinq Services Work Order #2002-1 - staff recommendinq approval for Ouentin L. Hampton Associates, Inc. to provide desiqn, permittinq, biddinq assistance, construction administration and construction inspection for the Western Reserve Area Utilities Expansion proiect at a cost of $166,256.00 and authorizinq the City Manaqer to execute the Work Order City Manager Hooper made a staff presentation with regard to Items A & B. Staff recommends approval. Councilwoman Lichter asked what impact this will have on traffic. City Manager Hooper explained it is hard to say at this point due to first having to find the alignment. It will have an impact on traffic. It won't close traffic but there will be crossing. Page -14- Council Regular Meeting November 4, 2002 u u Councilwoman Lichter asked if the total price includes the personnel or if that is just for the job. City Manager Hooper stated that is the total cost. They have defined their cost to do the alignment study, preliminary design, permitting, final design and construction. The only way that cost would change is if that construction contract goes much longer than anticipated. There was a brief discussion regarding the contractor being penalized if he goes longer than the contract. Additional costs would be recouped from the contractor. Councilwoman Lichter expressed concern with Item B stating a definite price. City Manager Hooper explained what could change is if the task changes. He further commented on what will be done next. Councilwoman Rhodes stated Quentin Hampton is the one who does the anticipating of the million and one things that could go wrong. City Manager Hooper informed her that is correct. Councilwoman Rhodes would like to see this be closer to an actual reality than the project they have going where they are finding all the rock. She always anticipates that things will go wrong and she allows for that and she feels they need to do that as well. City Manager Hooper stated if they tell them no change orders are allowed they are gong to tell you it is not $166,000, now it is $206,000. Councilwoman Rhodes stated if that is the reality that is fine. City Manager Hooper stated you want them to be able to say here is what they honestly think and if something changes that they can't control they want the ability to come back in front of Council. Councilwoman Rhodes feels they need to anticipate they will find rock and they need to say that is what is going to happen and they need to say if they do it is going to cost a million dollars. Then we can say we can't afford it and let them know we will have to wait on this for a while rather than doing half of it and coming back to the city for money we don't have. city Manager Hooper stated in essence that is what they are doing. He doesn't expect this figure to change much. Councilwoman Rhodes stated maybe they need to change the contract so we don't pay more than it costs but so we know up front what the highest possible cost would be. Mayor Schmidt stated there is no way of knowing the highest possible cost. Page -15- Council Regular Meeting November 4, 2002 Q o Councilwoman Lichter suggested having a cost not to exceed. City Manager Hooper stated every contract that is done has a change order associated with it. Councilman Hammond moved for approval of the Continuing Professional Engineering Services Contract, second by Councilman Brown. The motion CARRIED 4-1. Councilwoman Lichter voted NO. Councilman Brown moved to approve the Consulting Engineering Services Work Order #2002-1 at a cost not to exceed $166,256.00, second by Councilman Hammond. The motion CARRIED 4-1. Councilwoman Lichter voted NO. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Paralegal Matusick had nothing at this time. City Manager 1) Discussion of acquisition of Terra Mar Villaqe utilities City Manager Hooper made a staff presentation with regard to Terra Mar Village utilities. The owner approached the City and is interested in selling this to the City. He feels there is some value to the City in adding customer base and annexation. He asked the Council, if there was no objection, that he work with the owner to develop more information and bring this back to Council regarding a price and the pros, cons and benefits of it. It would be water service from the City and sewer service from the County. City Manager Hooper further commented on the process. The price range he has heard is the low side is $250,000 and the high side is $750,000. It was the consensus of Council to hear more information about it. Mayor Schmidt spoke about the package plant in Magnolia Village on Mission Road. We know it is inevitable that our expansion is going to go that way. He asked if it behooves them now to maybe talk to them about possibilities. City Manager Hooper stated a number of people that reside in the park have come in and met with staff and they are going to invite him to their next homeowners meeting to discuss that potential. Page -16- Council Regular Meeting November 4, 2002 I o o "l. city Manager Hooper asked for consensus from Council regarding a Workshop to be held November 18th at 6 p.m. to discuss the solid waste garbage rates. We have had a rate study done because the County has increased their rates a sizeable percent. He thinks what needs to be presented to Council is here is the rates if they continue doing business as we do or if they want him to look at other alternatives. He will also speak to Council about reclaimed water if he has enough information at the time on its base rate. It was the consensus of Council to hold this workshop on November 18th at 6 p.m. City Manager Hooper asked for consensus from Council to hold a Workshop on December 16th regarding the Land Development Code. It was the consensus of Council to hold this Workshop on December 16th at 6 p.m. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:35 p.m. Minutes submitted by: Lisa Bloomer Page -17- Council Regular Meeting November 4, 2002