REGULAR CITY COUNCIL MEETING MINUTES

COUNCIL CHAMBERS – CITY HALL

1000 CITY CENTER CIRCLE

JANUARY 3, 2012

 

THE REGULAR CITY COUNCIL MEETING of the City of Port Orange was called to order by Mayor Allen Green at 7:00 p.m.

 

Pledge of Allegiance

 

Silent Invocation

 

Roll Call:                                Present:                     Councilman Bob Ford

                                                                        Councilman Bob Pohlmann

                                                                        Councilman Donald Burnette

                                                                        Councilman Dennis Kennedy

                                                                        Mayor Allen Green

 

                                    Also Present:            Kenneth W. Parker, City Manager

                                                                        Margaret T. Roberts, City Attorney

                                                                        Joyce Dombrowski, Recording Secretary

                                                                        Shannon Lewis, Asst. City Manager

 

 

ORDER OF BUSINESS

 

Mayor Green asked if anyone wished to amend or change the current procedures or meeting times.  Vice Mayor Kennedy believes things should stay the way they are. Councilman Pohlmann, Burnette and Ford agree.

 

Motion to approve Order of Business as presented by Vice Mayor Kennedy and Seconded by Councilman Pohlmann. Motion carried unanimously by voice vote.

 

ELECTION OF VICE MAYOR

 

Mayor Green asked for nominations for Vice Mayor.  Vice Mayor Kennedy nominated Councilman Pohlmann, seconded by Councilman Pohlmann.  Councilman Burnette nominated Vice Mayor Kennedy, Seconded by Councilman Ford.  Flexibility of schedules and dividing responsibilities was discussed.  Mayor Green is asking each Member to adopt a state level representative to follow.  Roll call vote was taken regarding nomination of Councilman Pohlmann serving as Vice Mayor.  Motion carried 4-1 with Councilman Ford voting no.

 

Council agreed that the City’s Citizen Participation Plan is working and should remain as is.  Mr. Parker mentioned the reports the Members receive and the formats of these reports.  All Members are happy receiving the reports electronically but suggested having a longer discussion regarding the financial reports formats.  Mr. Parker will schedule a special working session regarding the financial reports.  The other departmental reports and their formats are acceptable.  Councilman Ford would like to receive at least the agenda earlier in order to allow more preparation on the topics.  Mr. Parker offered to send out an email after the agenda conferences to notify the Councilmembers of the proposed topics earlier.  Vice Mayor Pohlmann would like to see less spam in the read file.  Mayor Green asked Mr. Parker to check with the IT Department to see what can be done.        

 

APPOINTMENT TO COUNCIL COMMITTEES

 

Arthaus – Councilman Burnette

City Investment Committee – Councilman Kennedy

Communications Interlocal Agency – Mayor Green

General Employees Retirement Trust Fund – Councilman Ford

Golf Course Board of Directors – Mayor Green

Library Advisory Board – Councilman Kennedy

Transportation Planning Organization – Councilman Ford

Municipal Firefighters Pension Board – Vice Mayor Pohlmann

Municipal Police Officers Retirement Trust – Councilman Kennedy

Port Orange-South Daytona Chamber of Commerce – Councilman Burnette

Volusia Council of Governments – Mayor Green

Volusia League of Cities – Mayor Green

YMCA – Vice Mayor Pohlmann

 

Mayor Green asked the Council Members to look at their schedules and come up with a plan regarding which state level official they could meet with and a time frame.  Mr. Parker will add it to the next meeting’s agenda.

 

NON-AGENDA ITEMS

 

Mayor Green acknowledged the Spruce Creek High School Baseball Boosters.  Steven Staudt and Dustin Fornari spoke about the need for fundraising for the baseball program. They need better batting cages and ball fields as well as help bringing in more volunteers.  Mrs. Hayes is the lead contact person or you can call Dr. Staudt at 679-6987 or Spruce Creek High School.  In February they will be having a golf tournament at the Spruce Creek Fly-in.  For $400 a sign can be put on the outfield fence for advertising. 

 

Ted Notfall, Chickadee Dr., asked the Mayor to reconsider his vote on hiring a lobbyist.    

 

B.        SPECIAL RECOGNITION AND PROCLAMATIONS

 

6.         Mayor Green and the Council Members recognized the City employees who retired in 2011.

 

7:49 p.m. Regular City Council meeting recessed.

 

7:59 p.m. Regular City Council meeting reconvened.

           

G.        BOARD APPOINTMENTS AND INTERVIEWS

 

1.    Board Appointments

 

a)    Planning Commission

 

Mayor Green advised that there is one position open and two applicants, John Junco and Glejuanda Davis.  Ms. Davis is unable to attend tonight’s meeting due to a previous engagement but spoke with Mayor Green regarding her desire to be considered for and serving on the Planning Commission.  John Junco introduced himself, gave information on his background and his interest in being appointed.  Mayor Green advised the members of Ms. Davis’ background.   

 

Motion made by Councilman Burnette to appoint John Junco to the Planning Commission. Seconded by Councilman Kennedy.  Motion carried unanimously by voice vote.

 

b)    Library Advisory Board

 

Mayor Green advised that there is one position open and one applicant. Marion Solana introduced herself, gave information on her background and her interest in being appointed.

 

Motion made by Councilman Kennedy to nominate Marion Solana to the Library Advisory Board.  Seconded by Councilman Ford. Motion carried unanimously by voice vote.

 

H.        CITIZEN PARTICIPATION (Agenda)

 

8.  Carrie Pennington- 725 Freda Lane

 

Mr. Pennington is unable to attend the meeting due to health issues.  Mr. Parker advised the Board that in 2005 Mr. Pennington was granted a credit for water and sewer impact fees in exchange for an easement allowing the City to install water lines through his property.  He recently came in to connect to the City water system and learned he would have to pay a very large connection fee to the City.  He is asking for assistance with the water connection fee in exchange for his sewer impact fees and the City has no plans in the foreseeable future to extend sewer service in this area.  Mr. Pennington was a great help to the City when obtaining the easements for this area.  Mr. Parker proposes moving the $415 sewer impact fee credit towards the water connection fee. 

 

Motion made by Councilman Kennedy to move the $415 sewer impact credit towards Mr. Pennington’s water connection fee.  Seconded by Vice Mayor Pohlmann. Motion carried unanimously by voice vote.

  

I.          CITIZEN PARTICIPATION (Non-Agenda - 15 Minutes)

 

J.         CONSENT AGENDA

                       

9.    Approval of Minutes

                 a)  December 13, 2011 - Regular City Council Meeting

10. Construction Activity Report

11. Council meeting Schedule for 2012

12. Budget Calendar

 

Motion made by Councilman Burnette to approve Consent Agenda items #9-12. Seconded by Vice Mayor Pohlmann. Motion carried unanimously by voice vote.

 

Mr. Parker remarked that in item #11 there was a change to the first week November’s meeting date due to elections.  That week the meeting will be held on Wednesday. 

 

K.        FINANCE (John Shelley)

 

13.       Second Reading – Ordinance No. 2011-37 – General Employee’s Pension Ordinance

 

Mayor Green read Ordinance No. 2011-37.

 

ORDINANCE NO. 2011-37

 

AN ORDINANCE OF THE CITY OF PORT ORANGE, VOLUSIA COUNTY, FLORIDA, AMENDING CHAPTER 54, ARTICLE VI, CODE OF ORDINANCES, CITY OF PORT ORANGE, FLORIDA, ENTITLED 2003 GENERAL EMPLOYEES' RETIREMENT SYSTEM; AMENDING SECTION 54-146, DEFINITIONS BY SPECIFICALLY AMENDING THE DEFINITION OF “AVERAGE MONTHLY COMPENSATION”; AMENDING SECTION 54-147, PARTICIPATION; AMENDING SECTION 54-150, NORMAL RETIREMENT AND RETIREMENT INCOME, AND SPECIFICALLY SUBSECTION (B) AMOUNT OF RETIREMENT INCOME, SUBSECTION (D) SUPPLEMENTAL RETIREMENT INCOME AND SUBSECTION (E) AD-HOC COST-OF-LIVING INCREASE; AMENDING SECTION 54-151, EARLY RETIREMENT AND RETIREMENT INCOME, AND SPECIFICALLY SUBSECTION (C) MINIMUM MONTHLY RETIREMENT INCOME AND SUBSECTION (E) SUPPLEMENTAL RETIREMENT INCOME; CREATING SECTION 54-175, CITY OF PORT ORANGE DEFINED CONTRIBUTION RETIREMENT PLAN; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR REAL OF CONFLICTING ORDINANCES; PROVIDING RIGHTS OF SEPARATED EMPLOYEES NOT AFFECTED; AND PROVIDING AN EFFECTIVE DATE.

 

Motion to approve Ordinance No. 2011-37 made by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann.

 

Comments: Councilman Ford would like to revisit this matter in the future to add more hiring options and flexibility.  

 

Motion carried unanimously by roll call vote.

 

14.       Discussion relating to Impact Fees

 

Mr. Parker referred to the opening memorandum dated December 23, 2011 which outlines policy issues the Council may want to look at and discuss.  Regarding Transportation Impact Fees, residences west of I-95 are involved in proportional fair share; some of the residences east of I-95 are also paying proportional fair shares.  These can be credited towards local impact fees.  Many of the subdivisions have prepaid. Therefore, policy item number one is an acknowledgement that the vast majority of vacant lots in the City are covered by the proportional fair share agreement.

 

Targeting or abating some of the impact fees in certain areas of the City was discussed. Different impact fees and how they are used were discussed. Options are to abate, to create economic incentives, or alter the formulas used to calculate the fees.  Some facilities and equipment have been financed from future impact fee collections.  The City has been very studious regarding the calculation, collection, and keeping impact fee funds separate from the rest of the tax base.  The City does have the option of changing some of the formulas used to calculate impact fees, such as how many community centers or baseball fields per thousand people the city wants.  Some cities in the area are trying impact fee abatements/moratoriums for a set period of time to gauge how it has impacted their city. 

 

Mayor Green feels the City has studied and calculated the impact fees correctly and they are balanced. 

Councilman Kennedy agrees that abatement creates an issue for those who have already paid.  Impact fees help growth pay its way and changing the formulas may create more problems than benefits. 

Vice Mayor Pohlmann does not feel it is necessary to reduce impact fees at this time and that the City has done a good job of using the fees as intended.  Councilman Burnette wants the City to take a look at abating impact fees for a year and keeping the fund whole by allocating $60,000 to reserves to offset the loss of impact fees.  He would also like to target certain areas:  City-wide he suggests reducing the impact fee to $0 for Fire and reducing Parks fee by $380, which would bring the City to mean.  In the areas east of Nova Road he suggests another 10% reduction for those parts of the City.  He suggests business landscape improvement grants along US1, 50-50 grants to improve the properties, CRA grants for building and facility improvements, and looking at how to tie improvements and fees to job creation. 

Councilman Ford feels it is time to wean the City off of impact fees.  The City will have an increasingly difficult time legally justifying impact fees as it gets closer to build out.  He would like to see impact fees reduced or eliminated in certain older parts of the City for infilling.  The roads and fire stations are already built in those areas and impact fees are not allowed to be used for maintenance and operations.  He suggests targeting the older areas of the City first to direct rebuilding back into those areas.  He would like to see Community Development push some of the subsidized elderly housing projects into those areas as well. 

Mayor Green opened the discussion to the public. 

Corey Burman stated he has a home and a business in Port Orange and is in the foreclosure real estate business.  Lowering the impact fees will detrimentally affect the real estate market in the City.  There is an overabundance of foreclosures that need to be sold rather than building new homes.  Impact fees need to be used to pay off bonds. 

Jim Paytas of Paytas Homes stated the City needs to do something to bring in jobs.  He stated Volusia County has a moratorium on impact fees and their sales are up 60% from the same quarter last year. 

Elizabeth Skeen, resident and state certified residential real estate appraiser, stated there are about 150 infill lots in the City.  Building on the infill lots will generate extra money in taxes.  There were three building permits for infill lots since July.  There are 53 foreclosures registered and 450 shadow foreclosures.  Foreclosures are not competitive to new homes as they need so much work.

Jamie Adley, Villages of Royal Palm, stated building more houses equals more jobs.  Many of their subcontractors are based out of Port Orange.  Royal Palm will commit to build two additional spec homes, which will result in almost a half million dollars in additional economic stimuli, if the City abates some of the impact fees. 

Bob Porter, DR Horton, stated studies show that about three new jobs are generated by the construction of a home.  DR Horton will commit to building spec homes as well.

David Hoss, ICI Homes, supports Councilman Burnette’s motion but would like to see an entire moratorium of the recreation impact fee.  ICI Homes will commit that within 45 days of Council passing a moratorium they will begin construction of five new homes.

Sandy Bishop, Executive Office of Volusia Building Industry Association, reports the City of Deland placed a moratorium including water/sewer impact fees by 50% and of their small fees such as recreation and fire which totaled about $4,500 per house.  In the fourth quarter of 2011 they only gained two homes and held steady. This year Port Orange is down 23 permits from the same quarter last year.  A moratorium on impact fees might allow the City to at least maintain growth and act as an economic stimulus.

John Russell, resident, stated infill lots and foreclosures are important.  There is a lot of inventory available.  Eliminate recreation fees for new building but leave the fire impact fees.  Reduce impact fees on infill lots to spur building on those lots and increase the tax base. 

Mayor Green brought the discussion back to the Council members.  He feels recreation makes the community what it is.  He feels the City is already unbalanced and does not have all the community centers that are currently required by the MDP.

Councilman Kennedy stated he will support a moratorium of some kind and would like further discussion.  He would like to keep the funds whole and recommends a period of one year and an in depth investigation of the results.

Vice Mayor Pohlmann stated he will consider help for infill projects and will consider some time of economic stimulus that would help create jobs.  He also supports some kind of relief for the Ridgewood corridor but feels giving relief to new subdivisions is unneeded.

Councilman Burnette stated something needs to be done tonight since it is the third discussion on this topic.  He stated this is a piece of a bigger puzzle. 

Councilman Ford also agrees something needs to be done tonight.  He asked Mr. Parker why Port Orange’s recreation impact fee is so much higher than other cities.  Mr. Parker said it is driven by the facility portion of the comprehensive plan that Council adopted.  Councilman Ford would like to have a reduction in infill and some reduction in fees for a year.

Mayor Green said in considering infill lots the City needs to remember that construction of a building or home that sells for less than $140,000 will cost the City more than it will generate in taxes. 

 

 Motion made to reduce the fire impact fee to $0 for a period of one year for the entire city beginning March 1, 2012 and ending February 28, 2013; reduce the parks impact fee by $250 for the entire city for the same time period; reduce the parks fee an additional $250 for properties east of Nova Road for the same time period; and allocate $60,000 to reserves to offset the losses and keep the funds whole by Councilman Burnette, and Seconded by Councilman Ford. 

 

Comments:  Mayor Green asked where the $60,000 comes from.  Mr. Parker stated it will come from the carry forwards, the reserves from past impact fee payments.

Councilman Kennedy stated he is not sure he is ready to put it on paper tonight.  Mayor Green said it would have to come back as an ordinance change. 

Vice Mayor Pohlmann agrees with infill development but agrees that anything under $140,000 will not be able to support itself.  He is willing to support a $250 recreation deduction.

Councilman Ford has no further comments.

Councilman Burnette repeated his motion for the record.  Mr. Parker clarified the motion deals with residential only. 

 

Motion defeated 2-3 by roll call vote with Mayor Green, Councilman Kennedy, and Vice Mayor Pohlmann voting no.    

 

Motion made to reduce the recreation impact fee by $250 and to reduce the fire impact fee by $100 for a period of one year for the entire city beginning March 1,2012 and ending February 28, 2013; by Vice Mayor Pohlmann, and Seconded by Councilman Burnette. 

 

Comments:  Councilman Burnette would like to discuss amending the motion to keep the fund whole. 

Councilman Ford hesitant to use the reserve accounts.

Ted Noftall, citizen, asked about including commercial fees.  Mayor Green agreed.  Vice Mayor Pohlmann agreed and offered to amend his motion to include commercial impact fees.  Mayor Green suggested leaving the motion as is and coming back to look at commercial impact fees at a later meeting. 

 

Motion carried 4-1 by roll call vote with Mayor Green voting no.

 

Vice Mayor Pohlmann suggested an amendment to include commercial impact fees.  Councilman Ford asked to revisit the issue at a later date to allow for more discussion. The Board agreed.

                       

L.         COMMUNITY DEVELOPMENT (Wayne Clark)

 

15. Second Reading – Ordinance No. 2011-32 – Land Development Code Text Amendments/Pain Management Clinics (Case no.: 11-25000001) (CONTINUED FROM 12/13/11)

 

Mayor Green read Ordinance 2011-32.  Margaret Roberts, City Attorney, advised the Mayor there was a revision on page three relating to the second “whereas” where language was added.  The motion needs to include the amendment on page three. 

 

Motion made to adopt Ordinance 2011-32 with the amended language shown on page three by Councilman Kennedy, and Seconded by Vice Mayor Pohlmann. 

 

Comments:  Councilman Ford does not want this Ordinance to be perceived as harassment by

legally operating  legitimate pain management clinics. 

Councilman Burnette stated the City will need to watch for changes in State legislation regarding this issue.

Vice Mayor Pohlmann supports the Ordinance.

Councilman Kennedy supports the Ordinance.

Mayor Green asked if the Police and Code Departments are properly staffed to enforce the Ordinance.  Mr. Parker stated they may need to address staffing levels.  Mr. Parker is concerned that the Ordinance is able to be codified.  Ms. Roberts said a second document can be adopted at a later date to allow for codification.  She does not want the moratorium to expire before the Ordinance is adopted. 

Dr. Anthony Picchiello, pain management doctor at 1515 Herbert Street, stated he sees patients at later hours and on weekends because some are employed.  He asks the operating hours 7am-7pm be stricken.  His office is a state registered pain management clinic by choice.  He schedules patients until 9pm and stays until they are taken care of, sometimes until midnight.  Councilman Ford asked if this office will be grandfathered in.  Ms. Roberts stated only for location.  He will have to register and operate in accordance with this Ordinance and the State requirements.  Councilman Kennedy does not want to limit a legitimate business.  Councilman Burnette suggested amending the motion to change the hours of operation.  Consensus was that 9pm is a valid closing time.

 

Motion made to amend the motion to adopt Ordinance 2011-32 with the amended language shown on page three to also state a change of operating hours to 7am-9pm by Councilman Ford, and Seconded by Councilman Kennedy.

 

Discussion on the amendment to the main motion followed.  Dr. Picchiello asked what 9pm meant.  Ms. Roberts stated her interpretation is that the last patient should be leaving at 9pm.  Cory Berman stated the office in question is a chiropractic office.  Dr. Picchiello stated it is a chiropractic office but when he is there he is a medical doctor and can prescribe medications. 

 

 Motion to amend the motion to adopt Ordinance 2011-32 with the amended language shown on page three and to also state a change in operating hours to 7am-9pm carried 5-0 by roll call vote.

 

Comments to the amended motion:  Ted Noftall asked if any medical people were consulted while drafting this ordinance.  Ms. Roberts answered yes.  Mr. Noftall feels this is a medical issue rather than a City issue.  Phil Klema, citizen, feels this issue has been discussed and publicized and feels the City has done due diligence in drafting the Ordinance. 

 

Amended motion to adopt Ordinance 2011-32 as amended carried 5-0 by roll call vote.  

 

16. Second Reading – Ordinance No. 2011-33 – Code of Ordinances Text Amendments/Pain Management Clinic (Case no.: 11-25000001)

 

Ms. Roberts advised the title of Ordinance 2011-33 has been revised and the same whereas clause was added as in Ordinance 2011-32.  The Ordinance was properly advertised.  Mayor Green read Ordinance 2011-33.

 

Motion made to adopt Ordinance 2011-33 with the amended language and corrected title by Councilman Kennedy, and Seconded by Councilman Ford.  Motion carried 5-0 by roll call vote. 

 

There were no citizen or council member comments.   

 

17. Second Reading – Ordinance No. 2011-38  - Code of Ordinances Text Amendments/Simulated Gambling Devices (Case no.: 11-25000006)

Mayor Green read Ordinance 2011-38.

 

Motion made to adopt Ordinance 2011-38 by Councilman Burnette, and Seconded by Councilman Kennedy.  Motion carried 5-0 by roll call vote.

 

There were no citizen or council member comments.

 

18. Second Reading – Ordinance No. 2011-39 – Land Development Code Text Amendments/Simulated Gambling Establishments (Case no.: 11-25000006)

 

Mayor Green read Ordinance 2011-39.

 

Motion made to adopt Ordinance 2011-39 by Councilman Burnette, and Seconded by Councilman Kennedy.  Motion carried 5-0 by roll call vote.

 

There were no citizen or council member comments.

 

19. Second Reading – Ordinance No. 2011-40 – Ordinance Rezoning & Approving a Master Development Agreement & Conceptual Development Plan/Altamira Shopping Village PCD (Case no.: 11-65000001)

 

Ms. Roberts informed the Council that a request has been received to revise the Master Development Agreement to provide for purchase of the property labeled as Tract D within 6 months rather than 12 months as initially proposed.  She is not opposed to revision.  Mayor Green read Ordinance 2011-40. 

 

Motion made by Councilman Kennedy to adopt Ordinance 2011-40 with the revised language, Seconded by Councilman Burnette. 

 

Comments:  Councilman Kennedy stated he has recently heard from residents that are unhappy about the redirection of traffic on Taylor and wants more discussion. 

Vice Mayor Pohlmann asked the necessity for removing the intersection and is it a City decision.  Mr. Parker referred to Wayne Clark, Community Development Director.  Mr. Parker said the DOT has wanted to close that intersection for a long time.  Mr. Clark stated DOT is concerned with through traffic on Dunlawton Avenue.  The applicant’s traffic engineer and the City’s traffic engineer have studied the area extensively. The intersection is under the jurisdiction of the DOT. 

Derek LaMontagne, citizen of Port Orange, is requesting that the development be required to use native trees and turned in a petition signed by citizens requesting that tree replacement mitigation costs not be waived as the developer has requested.

Katherine Negrini, citizen, reports she is not happy with the change in the intersection and the traffic it will bring into her neighborhood with the addition of the Yorktowne Extension. 

Connie Stemmler, citizen, stated her barn will back right up to the Yorktowne Extension and she is concerned about the effect of the traffic on her horses and the wildlife in the area as well as the noise.

Charlie Clark, citizen, is concerned with the gopher tortoises.  Mr. Green stated the environmental issues have been addressed with the proper agencies.

Catherine Gallagher, citizen, is concerned with the wildlife in the area as well as historic trees on the site. 

Wes Negrini, citizen, is concerned with traffic and feels Yorktowne is unnecessary as most traffic stays on Dunlawton.  He is concerned with the church traffic. 

George Spivey, citizen, is concerned with the trees and the wildlife.  He does not want to lose the ability to make a left onto Dunlawton. 

Cory Burman, citizen, reports traffic is a big issue on Hidden Lakes and is wondering what the Yorktowne Extension will do to traffic on Hidden Lakes and on Willow Run and to children getting to school.

Sam Lassiter, Lassiter Transportation Group, is the traffic engineer who has studied the area extensively.  The intersection will be right turn only onto Taylor Branch Road and off of Taylor Branch Road at Dunlawton.  Mayor Green asked Mr. Lassiter if he has fulfilled the agreements with DOT and he answered yes. 

Chris Challis, Cobb and Cole, represents the developer.  The 6 foot screen wall that was agreed upon with the residents as well as the 82 foot right of way and the planting shelf is to buffer the sound of the traffic.  A lot of the historic trees are in the lower levels of the existing canal bank and where the road is to be built.  Mayor Green asked about the relationship of the roadway and the wall to the existing grade.  Kim Buck, Cobb and Cole, said they have tried to keep the elevations as close to the existing grades of the properties as possible; she feels it is only a matter of about an average of one foot in difference.  

Councilman Ford asked Mr. Parker about the City’s cost to build Yorktowne.  Mr. Parker stated the maximum cash that the City has told the developer from day one is $2.4 Million.  That does not include any credits given to the developer. 

Councilman Burnette is concerned with the tree mitigation costs and with what seems like just rerouting the traffic problem.  Mr. Lassiter stated the Yorktowne Extension is just part of a long term project for improving local traffic flow in the area.  Mark Watts, Cobb and Cole, stated the requirement to build and reconfigure Yorktowne relates to the City’s comprehensive plan and has been a part of the plan for over a decade.  DOT was sent all the plans for the project and they are the ones that put the right turn only restrictions on the Taylor Branch intersection.  There is a five party agreement that dictates that part of the project and its funding.  The tree mitigation credit relates to the trees in the public infrastructure areas.   The construction of the roadway and flooding issues dictated the relocation of the canal.  The developer is just executing the City’s, the County’s, and DOT’s plans.  Mr. Challis reported all the environmental studies and permits related to the canal reposition have been received.  One gopher tortoise was located and will be relocated to another area on site. 

Mr. Klema stated he has been an engineer for years and has designed many projects.  He feels the design of the roadway and the canal is improper.  Mr. Parker stated Volusia County has jurisdiction of the canal and approved the plans first. 

Charlie Clark is concerned that the church will be land locked and will need easements to exit their property.  The wall should be higher.  He feels the City did not do enough putting the word out by only advertising in the News Journal. 

Catherine Gallagher asked about the conservation easement and how it will be affected by the change in zoning.  Tim Burman, Principal Planner for the City, stated it would have to be brought before council to be vacated before a change of use could be granted for the easement.  Chris Challis stated there is no development planned for that area, it is built into the zoning document, and is supported by easements and land use.  Mr. Lassiter stated the County has asked them to revisit the traffic design as it relates to providing the church access.  Mr. Parker stated Taylor is also a County road and these issues have been brought to the County as well. 

Mr. Parker stated there are policy issues to discuss:  the wall is a condition to approval of moving forward; and the wall is a code requirement and should not be included in the road project but should be a part of the development project.  Mr. Watts stated the developer intends to come forward with a proportionate share agreement that breaks down the costs associated with these improvements. Two spreadsheets were provided a few months ago, one with the cost of the wall included and one without.  They are waiting for a second appraisal to come in showing the value of the right of way in order to finalize the numbers.  Cobb and Cole would like assurance that they will be able to recover any overpayments in the event costs and proportionate shares are refigured at a later date for future developments.  Mr. Watts remarked that the development itself will add only a small percentage of traffic to the area. 

Councilman Burnette feels the impact of 200-300 jobs and an improved tax base makes the project more of a positive than a negative to the City. 

Vice Mayor Pohlmann asked about citizen participation in the project.  Citizen Sandy Cincerick stated that the terms and development has changed since the residents’ initial meetings with the developer.  The fence was agreed upon before they found out the roadway was to be built only 80 feet from their property lines.  Vice Mayor Pohlmann stated the canal relocation project was publicized for many years and should not be a surprise to anyone.  Margaret Momberger, Landscape Architect for the City, stated the oleander planned for the wall will grow about 8-12 feet tall.  He asked her if that is the best choice.  She stated yes for that space, although sweet viburnum would grow to about 16 feet and is evergreen. Neither one is native.  Mr. Challis stated the waiver for the tree mitigation payment is for the trees located within the existing canal and the Yorktowne right of way.  Slides of the projected views of the development were shown.

Councilman Kennedy stated the project and the tree mitigation are both important to the City but he feels money is due to the City for the tree mitigation.  He supports the project even though he is concerned with the traffic issue.  Mayor Green said the development allows an opportunity to generate some revenue to offset the costs of relocating the intersection.  Mayor Green would like the tree mitigation issue looked at further.  Ms. Roberts said language in the MDA would have to be changed if the tree mitigation waiver is not allowed.  Mr. Challis reminded the Council they are asking for a waiver for the mitigation regarding the public right of way areas only of the canal and the roadway, not for the shopping center areas.  The County does not want trees in the canal.  Ms. Roberts clarified that language in the MDA allows for a waiver in the areas of the existing and relocated drainage canal and in the right of way for Dunlawton and Yorktowne.  Council agreed to vote on the item the way it is written.  Mayor Green read the motion. 

 

 

Motion carried 3-2 by roll call vote with Councilmen Ford and Kennedy voting no.

 

M.        PARKS & RECREATION (Susan Lovallo)

 

20. Resolution 12-1 - Amend Fee Resolution 10-90 Establishing Revised Sponsor Fees and Registration Fees for City Sponsored Youth and Adult Athletic Programs, Playground Programs, Adult Programs and Classes; Establishing Revised Non-Resident Registration Fees for Activities to Include Fees for Babe Ruth/All Stars and Adjust Rental Fees Accordingly; Superseding Prior Resolution and Providing an Effective Date.

 

Susan Lovallo stated the amendment is necessary because of the addition of a new program and the fees must be approved by Council.

 

Motion made to approve Resolution 12-1 by Councilman Burnette, Seconded by Councilman Kennedy.  Motion carried unanimously by roll call vote.

 

11:21 p.m. Regular City Council meeting recessed.

 

11:24 p.m. Regular City Council meeting reconvened.

 

N.   ADMINISTRATION (Ken Parker)

 

21. Gamble Place Discussion

 

Mayor Green asked if the Council Members approve of him entering into negotiations with the Museum regarding purchasing the property. 

Councilman Kennedy is interested but wants the City to be aware of the cost.

Vice Mayor Pohlmann has no problem with negotiations.

Councilman Burnette feels it is ironic to buy back what was originally the City’s.  The City needs to keep all costs in mind and how to pay for the purchase. He is open to negotiations.

Councilman Ford is not open to negotiations and feels it is not in the interest of the City to take on more burdens.

Consensus is to open negotiations.    

 

O.   COUNCIL COMMENTS

 

22. Council Priorities

 

Will be discussed at a future meeting.

 

23. Comments/Concerns from Council Members

 

Councilman Ford reports the lights on the Riverwalk sign are out.  Ms. Roberts is requesting an attorney/client meeting regarding the Innoprise case on January 24, 2012 at 5:30 p.m.

 

P.   ADJOURNMENT: 11:37 p.m.

 

 

 

                                                                                                                                               

                                                                                    Mayor Allen Green

 

Attest:

 

 

                                                                       

Kenneth W. Parker, City Manager