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03-07-1984 - Workshop I u CJ CITY OF EDGEWATER PLANNING & ZONING BOARD WORKSHOP WITH CITY COUNCIL MARCH 7, 1984 Minutes Mayor David Ledbetter called the workshop to order at 8:00 P.M. in the Communi ty Center. i. ROLL CALL Present included: Mayor David Ledbetter, Councilwoman Gigi Bennington, Councilman Neil Asting, Councilman Jack Spencer, Councilman Melbourne Wargo, City Clerk Connie Kinsey, Chairman Don Bennington, Vice-Chairman Greg Stewart, Lyle Chenoweth, George Quaggin, Ann Thomas, secretary Susan Mista, members of the press and various members of the audience. City Attorney Jose Alvarez arrived at 8:15 P.M. Fred Finn and Jake Wheeler of the Planning and Zoning Board were excused. Mayor Ledbetter stated that this workshop was to discuss the feasibility of annexing land to square off the City boundaries. Councilman Asting advised that he was the one who asked for this meeting because there are parts of the County property protruding into the City. He further stated that there are some 38 acres of land that is owned by New Smyrna Beach and he would like Council to consider squaring off the boundaries and taking into the City the areas that protrude into the City limits. Each of the Council members and Planning and Zoning Board members were given a map of the City, outlined in red showing the pro- posed boundary lines,if squared off. Chairman Don Bennington stated that there was a man in the audience who is interested in annexing some land into the City, on the river. Mayor Ledbetter stated if they square off the limits on the south, why not go from Adams Road all the way to the east to the river. That would square the City up into a square. He said that Adams Road is south of the Cory Estates and if you cut in on the east side and go all the way to the river, you would square it off. Councilman Spencer said that there are other aspects to annexation, one being the scarcity of industrial zoned land in the City. He feels it is appropriate to consider annexation for industrial purposes. He also stated that cities should play the role of providing municipal facilities, as opposed to the County providing that. Also, Councilman Spencer said they needed to know the legalities of voluntary and involuntary annexation and the State statutes that apply. Mayor Ledbetter agreed that they needed to know when they would be able to provide water and sewer facil- ities to these locations, including fire and police protection. Councilman Asting stated he was concerned that all the cities around Edgewater are growing. Oak Hill is growing and the only way they can go is north. He is concerned that one morning they will wake up and find Oak Hill at Aerial Road and maybe farther north than Aerial Road, which is supposed to be the southern boundary in accordance with the Comprehensive Plan, if some action isn't taken concerning annexing some of this property. Chairman Bennington stated the City may end up having no control over what has been annexed n~xt to the boundary lines. Councilwoman Bennington agreed, stating that Edgewater will also be burdened with the problems that may result by this annexation. Chairman Bennington said that there is presently a large cemetary and several housing projects being constructed in the outlying areas around the City. Mayor Ledbetter said that is why he suggested that everything on the east side of the road being incorporated in this annexation. Mr. Quaggin questioned whether or not they can annex propetty to the wes t. Coun.tilman As ting stated they can go wes t, as far as to I - 95. o o Councilman Spencer stated that there were a lot of people in the audience who were asked at the Council meeting Monday evening to attend this meet- ing and he felt they should be entitled to say what they want to about this subject. Mayor Ledbetter invited the people in the audience to come up on the stage to offer their suggestions regarding this annexation. The secretary, Mrs. Schmidt, and Vice-Chairman, Alva Stewart, of the South Waterfront Park Home Owners Association introduced themselves to the Board. Mrs. Schmidt explained that they are in need of water and are requesting that the City of Edgewater extend the water lines down to their Park to service them. She stated there are 256 homes in the Park at the present time. No one governs them; they are a separate entity in themselves. She thought that it would be better for them if someone were to take hold of them, they don't know what to do or how to get things accomplished, they do not have outside or inside strength. The PSC wants to reduce the water rates. They presently pay $12.00 for 1500 gallons per month and 73~ for every hundred thereafter. It is not potable water; they are buying their drinking water. They advised that they are approximately three miles south of Roberts Road, north of Aerial Road about a half mile. Mr. Herbert Cooper from Indian Harbor Estates began talking to the Board, stating that they are south of South Waterfront Park, presently under County control. They have a special assessment district that was created by petition for the County to build them a water plant, which they were charged $350,000. These assessments amounted to $985.00 per customer. Ninety percent of the debt is paid. The people were given the option of paying cash or over a ten year period. They are now paying $25.00 for 2,000 gallons of water which they cannot drink, they have to buy their drinking water and are sick and tired of this. Their properties are being affected in value due to the water condition. Everyone is in the same trouble. There are presently 176 people buying water from their Park; there are 202 properties, some people own 2 or 3 lots; there are 402 lots; there are 202 families living on the grounds at the present time. He further stated they have assets in the Park and with ten percent more of the money paid to the County, the district can be closed out and they will then own the water plant. They will own all the piping under- ground, the automatic pumps, the pipe is very good, the best money can buy. There is no pipe in the Park less than 4", most is 6 and 8" pipe. They are willing to fund the expense for hooking them up to the City water. Mrs. Schmidt clarified that Mr. Cooper was speaking of Indian Harbor Estates when he said they would fund this water hook-up, that did not include South Waterfront Park. Mr. Cooper said that possibly the City could use the expansion. The water plant is on Aerial Road. Councilman Asting said that he under- stands that our Comprehensive Plan calls for the ultimate expansion to Aerial Road. A man in the audience, who did not identify himself, stated that he was interested in approximately 135 acres, part of it being contiguous to the City; the property is presently under contract with one of the conditions of the contract being that the property will be annexed into the City of Edgewater, voluntary annexation. He further stated he was not properly prepared to explain this project in detail at this time, however, it is in the works. This property is at least 2~ miles north of South Waterfront Park, on the east side of the highway. Mayor Led- better said it includes the area he was talking about in squaring off the boundary lines, from Adams Road - east to the river. Chairman Don Bennington asked if Cory Estates has bad water, too. Mrs. Schmidt said, yes. -2- Planning & Zoning Workshop with Council March 7, 1984 o o Councilman Asting said that it was his understanding that Palm Breeze did not want to be annexed into the City. Mayor Ledbetter stated they want all of the City's services and fire and police protection but they do not want to be part of Edgewater. The man in the audience speaking about the 135 acres stated that they would be looking for City water. This will be a Park that will be sold slowly, not all at one time; this will be developed over a 5 year period. The property is on the east side of u.s. 1, some fronting on u.s. 1, extending to the intra-coastal waterway. They are considering a very high class manufactured home colony; a residential mobile home Park, including a 9 hole executive golf course. There will be some 200 sites, some will be sold, others rented. There will be approximately 4~ units situated on each acre, approximately 600 units which will be extended over a possible 6 year time period, this is their projection. This would be a gradual increase, they would not be asking for water for 600 units all at one time. Mayor Ledbetter thanked the man for his presentation. Councilman Asting said they should hear from Terry Wadsworth regarding the water situation. He asked Terry to comment on the matter of extending the City's water south. Mr. Wadsworth stated insofar as serving everyone here tonight with the present plant capacity, it would be physically impossible. Taking in just one of them would be possible, but you would be taking the service away from the in-City construction. More realistically they have a plant expansion that they will be doing in the next 12 months. It is a consideration Council has to make because you will be taking a number of building units away from property within the City limits. Councilman Asting asked Terry if the plant expansion will be for the units constructed in the City limits, only, or will the capacity exceed the building in Edgewater. Terry stated, with the expansion, it will not serve Florida Shores in a built-out state. It depends on many variables, the needs, demands, number of people that have to be served, line sizing, many variables that makes it difficult to comment on at the moment. Councilman Spencer stated that the present situation and the committments that exist within the City limits, we are not in a position to serve surrounding territories. Terry advised that it could be done to a limited extent. He said with everything he has heard tonight, he was roughing it out and it would bring us up to full capacity with the State allowance that is required for fire protection. This does not include the expansion. The plant presently has the capacity of 1.5 million gallons. The expansion would increase the capacity to 2.2 to 2.3 million gallons if it was done minimally, on-site. The well capacity is presently 1.8 and the expansion would include an additional well. Terry said that the expansion includes the committment for the FEC project and others that mayor may not be built out. Councilman Asting asked Terry Wadsworth if he knew the estimated cost for the proposed expansion. Terry advised that they have estimated costs, in the amount of approximately $300,000, which includes the expansion and drilling another well. Councilman Asting asked if that money is available in the capital improvement fund. Terry stated there is only approximately $200,000 in the water impact fund. Councilman Wargo said that it is his understanding that the placement of the plant is also important, from what Frank Marshall has said, concerning the costs. Chairman Bennington questioned the water plant at the Park south of the City. Terry said they would not want to use that plant, it would be worthless to us. Carson Norris asked to speak, stating he was from South Waterfront Park, and it was his understanding that under Ordinance 400 you were allowed -3- Planning & Zoning ~orkshop with Council March 7, 1984 ~ ... - o o to go so far beyond the City limits. He said he thought the City was trying to annex down to Cory Estates. Mayor Ledbetter said it was Adams Road on the west side, across from Cory Estates. Mr. Norris said if that were the case, it would make them less than 2 miles from the water main. He asked if they couldn't come on down to them. Mayor Ledbetter said it would depend on whether or not the City could supply them with the water. Mayor Ledbetter said Council can direct Mr. Wadsworth, the Superintendent of the Water and Sewer plant to determine how much excess water he has and make an estimate on what the line extension would run down through there and what he would need and then get back with the people in the audience later. Councilman Spencer stated that Terry says we are committed to capacity now, nothing can be done immediately for these people, it has to be looked at on a long range basis. Councilman Asting said that Terry advised it would be at least 12 months from now before the plant expansion program is completed. Councilman Wargo stated that he felt that the area is growing so fast that it will eventually be the County's responsibility to go into a water authority in order to keep up with it. Councilman Asting advised that as far as Edgewater is concerned it is a case of money, putting in another well and expanding the present plant. Terry Wadsworth stated that if the City is planning on annexing a large portion of property to the south, it would be more feasible to put in the larger size line that would accommodate more property, as opposed to putting in only a 6" line to supply one trailer park and then bring in another trailer park, and another one, etc. The size of line would depend on the density requirements, the possible number of houses to be built, the population, etc. Councilwoman Gigi Bennington asked Terry Wadsworth if the City squared off the boundary line to the south, as is indicated on the maps that were provided, can the City handle the water service in all of this area? Terry advised that they could handle:'.i t for "x" amout of time; other areas in the City will be developed; Florida Shores will be devel- oped; all an expansion will do is buy time for so many years down the road. Councilwoman Bennington said that in other words, if we want to aggressively annex, we will need a new water plant. Everyone agreed that the City would need a new water plant. Councilwoman Bennington suggested that if the City decides~they want to do a great deal of annexation, why put the money into expansion of this water plant, why not build a whole new water plant. Councilman Asting said that that would cost a great deal of money. He learned that the present water plant cost approximately $750,000 five years ago. He further stated that the expansion will generate impact fees which will go into a fund that will eventually build up to partially fund another water plant. Councilwoman Bennington asked Mr. Alvarez to advise them of what legal steps are involved in this annexation. Mr. Alvarez began discussing this subject with first advising that annexation is an action which lies purely with the legislature of state. In quoting from the First District Court of Appeals, he read: Annexation is the power reposing exclusively in the legislature the vehicle utilized by the legislature to accomplish a municipal annexation is by a sepcial act. However, the legislature has determined to share the power to annex with municipal corporations by enacting Chapter 171 Florida Statutes, known as the Municipal Annexation or Contract Act. The act provides that annexation by municipality is accomplished by passage of a municipal ordinance utilizing the procedures set forth in Chapter 171. Under this Chapter there are two ways to annex, voluntary annexation and municipal annexation. All that is required under volun- tary annexation is that the owner of the property files a petition for -4- Planning & Zoning Workshop with Council March 7, 1984 o o the annexation, Council then determines that the property is contiguous and does not create an enclave and then an Ordinance is adopted and it comes into the City. In regards to municipal annexation, it requires a series of hearings, a feasibility study to provide for the services needed by the new areas, and after this has been determined the City can go ahead and annex, subject to a referendum and the voters of the City as well as the ~oters of the areas to be annexed will vote in that election and it requires a majority of the over-all votes - voters in the city and the areas to be annexed. Voluntary annexation is more p9pular and easier to use and does not require a referendum. The crucial question is what is going to be the policy of the City. Regarding water, it can create a problem and a hassle as to whether or not service can be provided. You must be able to foresee the growth in relation to the water supply. Regarding what is an enclave and what is contiguous, there is an opinion from the Attorney General regarding an enclave, there is a distinction on who enclaves on whom. Is the City creating an enclave on the County or is the City, by annexing, creating a County property enclave within the City limits. According to the Attorney General, if we go out and create a bulge and create a City enclave in the County - that is forbidden. But if we square up the boundary and the County enclaves are within the City, then it is OK. Enclaves of County land within the municipal territory is not prohibited. The County has adopted a resolution, 8110, which states that the County, pertaining to municipal annexation, does not object to the orderly expansion of municipal bound- aries to provide needed municipal services to adjacent lands. The crucial question here is what does the Council wish to do. If they decide it would be good for the City to annex this property, then we will look at the ramifications of what needs to be done. There are obviously people who want to corne in, for obvious reasons. Chairman Bennington stated that our City limits abut U.S. 1 on the west side, if we go across U.S. 1 and take in property, is that abutting our property or not? Mr. Alvarez said that those are the remedies that need to be worked out as we go along, like the water situation. If you do not have the water, what will it take to provide the water. Chairman Bennington referred the attorney to the Fong property that has a petition for voluntary annexation before the Planning and Zoning Board for their property south of the City. Between the City property on the east side of U.S. 1 and the Fong property is one street of residential property that does not want to corne into the City. But their property is across U.S. 1 from Edgewater property. If we have the ~ater and could supply all the services, could that property be annexed? Mr. Alvarez said he would have to look at that situation more closely before he could answer. Councilman Asting stated if they were to annex this property and find that they cannot provide the proper service for water, they could then put a moratorium on building in the area. Mr. Alvarez said that a moratorium would create lawsuits. Mayor Ledbetter stated that he has been familiar with the problems the people are having with water in that area and he assured them that if there is any way possible for the City to help them, he is sure that Council will go along with them. However, he further stated they had to determine their supply and studies had to be done to find out this information, which will take time, it will not happen overnight. Councilman Spencer noted that if Proposition One passes, they will be unable to increase their revenues to account for the service needed to these existing trailer parks. Property that is annexed undeveloped is considered new construction and would be added in the amount allotted for revenue under Proposition One. -5- Planning & Zoning Workshop with Council March 7, 1984 o o Mrs. Schmidt thanked the Council and Board members for hearing them, and taking their time to discuss this problem with them. Mr. Alvarez said that if the Council wishes to square off the south boundary line they will have to go for a referendum. If it is voluntary annexation, a referendum is not necessary. The first step would be to see if voluntary annexation is feasible, that is do the property owners agree to it. If they don't, you go for an election. If a vote is required you need to determine how many of the people outside of the City limits will vote for and against annexation. You need to sit down with the tax rolls and see who owns what and where they stand. The voters will be the ones registered in Volusia County to vote, not a property owner who lives outside Volusia County. Councilwoman Bennington asked Mr. Alvarez if there were a time frame regarding providing service to the areas? Mr. Alvarez said if it is a voluntary annexation, you guarantee them nothing. If there is in- voluntary annexation, you have to decide prior to the referendum, that the facilities are there. Councilwoman Bennington said that they should also consider what zone this district would be if it were annexed in. It was decided that this property has to remain under the County zoning for two years. Mr. Alvarez stated that when they come in, and the density is similar to the City, there is no problem; if you want to increase the density you have to go to the County and ask for a change, which is approved or denied by the County Council. Councilwoman Bennington said another advantage to annexing large areas of undeveloped land is that the City will have control over what is developed on that land, as opposed to the County having control over the development. Mr. Alvarez said if Council and the Board decide that they want to just square off the south boundary line, it will then be up to the staff to determine the feasibility of annexing this property and then inquiring as to whether or not the property owners wish to be annexed. Council- man Spencer said he was not opposed to the annexation, however, he felt that the matter should be looked in to, very carefully, possibly by the new consulting engineering firm that they plan on hiring as to the water service that will be required, whether or not the City will be capable of handling the extra service, before any firm decision is made regarding annexation. Councilwoman Bennington stated that if Council decides they do want to consider annexation IF it would be feasible to provide all the services, they should start with the south end of the City and square that section off before trying to do the entire boundary at one time. Just do a small section at a time and the south end would not create that large an impact as any other area. Councilman Asting asked that Terry Wadsworth submit a report on the feasibility of annexing parcels in the south to square off the boundary. Councilwoman Bennington suggested that not only Terry prepare a report but the other department heads do the same, regarding police, fire, building, etc. Everyone agreed with the suggestion. There being no further discussion, Councilman Asting made a motion to adjourn the workshop, seconded by Councilwoman Bennington. The workshop was adjourned at 10:05 P.M. Minutes submitted by: Susan Mista -6- Planning & Zoning Workshop with Council March 7, 1984