Welcome to the city council meeting of March. We only have three items on the agenda and unfortunately the third let us pray. Heavenly Father, as we gather here today
uh in a city council meeting, we thank you for the opportunity to serve our community. We ask for your guidance and wisdom in our discussions and decisions. Help us to work together in unity to put the needs of our citizens first. May our words and actions reflect compassion,
integrity, and justice in Jesus name. Amen. To the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.
As always, we always open this portion of our agenda to anybody in the audience that wants to talk about something that is not on the agenda. So, the floor is open to anybody like the state and address.
That was fast. Uh James McConnell. I'm uh here to talk about the 610 Nicole Drive. Uh I'm the owner of that lot. Um and I submitted a minor development application to build a single family home on there. Uh the
application for review came back on March 4th. Most of it went well. Setbacks, lot coverage, flood zone, wetlands, all approved. Uh it's a, you know, good review. Uh however I do want to bring one specific thing and the reason I bring this up is uh you know
just forformational purposes maybe somebody can help me figure out what to compose to put on the agenda for the next meeting. So that's kind of why I'm making the statement. Um but um the fire department's review requires me uh as a condition to build
as a condition to build this house to install a new 6-in water line along the cold drive including a fire hydrant. And uh you know I certainly understand and respect the intent behind that. Uh you know fire protection matters to you know me and everybody. Uh here's the situation as I understand it and I could
be wrong. The existing water uh main along the cold drive is a 2-in potable water line which even under the city's own LDR is you know is not is unders sized. Um the city standard calls for 8 in diameter main. Uh there are currently
no fire hydrants along the stretch in the cold drive and I'm building one single family home currently uh not a subdivision or commercial project uh just on on one lot. Uh what the requirement effectively does is ask me as the first person to build on this
street in a while uh to fund public infrastructure upgrade that would serve the entire neighborhood at my sole expense. I don't yet know exactly what that cost will be, but a 6-in water um line installation with a fire hydrant probably be a significant amount. Um it
just feels disproportionate to the place the entire burden on you know one person. Um and I want to be clear about what I'm asking for tonight. I'm asking for you guys to make any decisions. I'm not asking for any special treatment. I just want the commission to be aware of the situation and, you know, maybe somebody can, you know, help me figure
out what to put on the next agenda to figure it out. If I had any questions, I'll answer them. If not, >> we called you from there. What you need to do now with me attorney?
>> Okay. >> Okay. Okay. All right. Thank you very much. >> Yep. >> Next item is the item one is a request for a split. Go ahead. >> Just for your understand
attorney approaches the city, I have to be assured that I don't make a decision or we don't rule or I let them rule or give them bad information so that they would rule on something that the city. And so when you come before us
or council or anybody and it's just you asking questions, it's you asking us questions. Once you hire an attorney, then I'm not answering your questions anymore for fear of not getting the correct answer. So I'm human. I do make
mistakes occasionally. And normally I know to go to our attorney to get advice. So in this particular case, what he said is 100% correct. He did go to public works and they
problem what the problem was. I tried to explain to him on the phone what it was when he called me from the lawyer's office because I'm not recorded and I don't know exactly what I was talking
about but I can tell you we are upgrading and improving anywhere you drive right now people tore up very very short period of time. We're going to have a water system that is
second to nobody else. Anybody that's building a new house needs to have the water supply for their property that's compant with legislation goody. So that being said, the regular agenda
item for tonight is Mr. Is there anybody else here? >> Yes, sir. Dave Whe 45 West Cooper. That's the last street before you go over the bridge to Tendle.
Uh and uh I'm asking for a a partial um platit where they were before they were and so he can build new houses with Mr. and Igo
planning and planning council that they would like to do when I'm think >> Yes, sir. Uh, but I can't do it all at once. Uh, I'm I'm having to do it stepwise because I I need the revenue to come in to build each new. So, I built a
new one last year. It's at 108 Black Shere. Um, it's a it's a beautiful home. I want to build the next one over that's on lot uh 11. I'm ready to build the one on lot 11. I've already pulled the trailer off and the lot is cleared and
ready to go and I'm just asking to move to that one. Then I'll in the future as the revenue continues to build, I will move the remaining four off and build those on that that side. It's a little bit confusing on the plat
because that side of the street of West Cooper is residential. The other side is um mixed use. So I I want to first concentrate on the residential and then uh and then we'll come back for the mixed use. But that's what I'm attempting to do is to eventually have
four single family homes on those four lots. Uh, but I can only do it one at a time. Yes, sir. So, this one would be 104 um black shear. So, I I developed and I'm sorry I gave you kind of an old um
>> plat there that So, the if you look at plat and wood that corner um I've taken off that old single family home that was on there and built a new home. Then the next trailer over would be 104 Black Shear. I've pulled that trailer off and
now I'd like to develop that lot. And the lots are already um uh in a 1952 plat. They're already platted out. Um and then they were kind of joined together at some point to make
a parcel. So I'm just trying to return to the regular explain to me. >> I'm sorry. That's the way the parcel comes up. So I I I apologize for that. It's if that's confusing. It's um the
partial kind of address is 45 West Cooper, but the this lot would be 104 Blackshire. So So, so I'm >> Yes, sir. And so I'm separating out from the parcel. >> So So I'll be undeading this lot and
then rediding it to myself with um with a new partial ID number. and it does meet the sizing requirements and um all of the requirements of the LDR.
>> So I guess what he's asking for a move on whatever they are So the so it you no you no you're not you're you're definitely thinking like I
am. So the the um low density residential lots are the lots that are in between West Cooper and Wood. Those lot those four lots are low density residential and those are the four lots that I want
to concentrate on first. Um so I I did build on lot 10 which is the one on the corner of Wood and Black Shear. The next one over is lot 11. That's the one I'm asking for um tonight. And then as you
know as I'm able to I'd like to develop the other two. The other you all have to do at the same time because as you can see the trailers kind of go um they kind of face West Cooper instead of um facing uh Black Shear and so they
would they would all have to come off at the same time. So um eventually I I hope to have a neighborhood a nice neighborhood there instead of a trailer park but it Yes sir. And and and then on the other side, I think it will be likely that I
would need to develop that all at the same time on the mixeduse side. Uh but but I I I'd like to take care of the residential side first. Motion. >> Yes, sir. Thank you. Thank you very
much. item questions on this. How are you, sir? >> Good. How are you? >> Good. Are you the buyer? >> Buyer. Yes, sir. >> Explain this to me so I understand it completely. I don't understand.
>> Yes, sir. >> So, there is a lean on this property. >> Yes, sir. And it's enforcement of $9,000. Is that correct? >> Yes, sir. >> Okay. The lean is paid off. >> So, working with the seller, seller's
aware of the lean. Um, >> is he here? >> He is not here. No, sir. But his our intention that we've talked about is um at closing proceeds, we'll take care of the lean. um at closing. So when we pay for it, it'll pay off the lean from his
proceeds. Um because I have a copy of the invoice from code enforcement and so does our title company. >> Yeah, code enforcement gets paid first. >> Yeah, Greg Hullbrook is the the current owner. No, ma'am. I'm
>> Tanner. Tanner sent you >> normally because you don't own it. >> Okay. >> But I've been advised that this is unusual circumstance. Quite frankly, I'm surprised he's not here.
>> Yeah. Greg, he we've built a good relationship over time now. and um he's you know he he was like I would love for you to kind of work through this for me um so he doesn't have to and I'm like look I'm happy to do it. Um so that's kind of where we're at but he's aware that I'm here. He knows everything
that's going on. He knows my intention um and we're in complete alignment. >> So >> well Right. >> I would love to address this after >> when do you think you could buy it? >> So we in our in our purchase agreement
as of right now. Um, I was hoping or looking to get uh verbal approval of we would be able to split, not go through with the split, but just understanding that, hey, I I know because the price that we have on our agreement >> is I told them, hey, this is contingent
>> on me being able to get two homes, um, two houses. >> And so going through with the entire lot split, as you had mentioned, um, wasn't the intention of being here tonight. It was just simply to get verbal approval of, hey, if I do close on this at this
price, I'm gonna be able to get two lots. >> Yeah. We can't give you that. Neither could the attorney. There's nothing. >> Okay. >> If you own it, then you can come back. It's up to us and then we can make a decision. >> Okay. >> I don't see any reason why you couldn't.
I mean, can you close on it tomorrow? Well, um I guess I could now, but um I mean >> do a straw ballot. That's not really >> I understand. >> You know what I'm saying? >> Yes, sir. >> I just normally what she said is right
for tonight is that we only normally make negotiate with people that own the property. And so if you bought it and it was in your name and you came back to us and asked
the same question, can I do a >> Okay. Okay. So if Greg was here, >> he would >> Well, I'm saying but if he was here >> Okay. Right. But see if you bought it already.
So when you came back up here, you'd be the owner, >> right? >> Okay. >> Yes, ma'am. I'm the owner. >> And you're going to build two nice houses, right? >> Yes, ma'am. Or Yes, sir.
>> Get get in. Um, yeah, it's a really big lot. So, basically, one lot would be the corner lot. Our intention would be a 70 by 140. >> Um, so both would be well over 7,500 square feet because it is low density, >> big yard.
>> Yeah, it's a huge lot. Um, so would that be something you want to do is to uh take care of your due diligence on it and then get paid and come back to us. >> Yeah. >> Ask the same question. >> Yeah. So that would be next month.
>> Okay. >> Yeah. I mean, I'll I want to get moving. So, >> yeah, I I want to move. >> Okay. Or or have Greg here. >> One of the two. >> We won't meet either one of you again until April. >> Well, I'm saying like if if we didn't
close on it by then and Greg was here with me in the next meeting. >> So, he'd be the one doing the >> technically. Yes. I could I could get him to do it. He knows what I'm trying to do. So, So the deal
>> he doesn't want to he he wants to he wants to wait till closing. I mean from what we've talked about is it's not that he's against it. Um but you know nine grand is nine grand. So he's like hey >> penalty is a penalty
>> right and absolutely. So basically he paid the fine >> right >> yeah that's what title will take care for us >> yeah that was the plan all along >> where >> got it
>> yes ma'am request. >> Right. >> Okay. Okay. Got it. >> No, I I No, I totally get it. I appreciate it. >> Yes, sir.
>> And so unless he satisfies those fines. What we could end up doing is long enough. >> Okay. >> Got it. Yeah. Okay. Well, that's all I have then. That's clear. >> No, I appreciate it. Thank you guys.
So item three They have called and said that they can't be here tonight. There's nothing else we can talk about next thing is I want to see if there's any
line dancing over there twice a month. The other thing is Memorial Day. The only thing request is the 24th of May. Monday The problem we're having
people want to build these trees, some of them survived the storm are years old. They cut them down,000 trees around the bottom. Beautiful oak trees and we have oak trees
and they've been there before Bay County and it happened more frequently than most people would be aware of. Before I was
contacted this not only the trees are a problem but every time you split the You build two houses that water us and I have a major concern about that
because it's my intent not to do anything ever I just don't think we should do contrary to a lot of people. And it has absolutely fixed that problem that you know the only
hotel I just think I'm with you. That's something we should sit down and talk to about and ask the rules. Maybe they are tighten up. I don't know. But I just I don't know.
I don't know what we do when they cut down. You look at the forest over here. It's full of this before. agree. >> Don't cut down,
you know. come to the podium to tell us what we know right now. >> Absolutely. I I think John's exactly right, but I I don't think it's planning because those rules already exist. It's more about enforcement. U right now uh
the three trees that are absolutely protected are of course your champion trees, your heritage trees, and your historical trees. Uh also any tree that's more than 15 in at 54 feet above the ground from a diameter is also a
protected tree. anytime anybody, whether it's a a resident or anybody else, wishes to take that tree down, they have to come before you, uh, if they take it down without coming before you, they violated the law. So, that's why I say it's a it's an enforcement issue, not a
planning issue. Uh, so we've identified, and of course, the state has even intervened. There's something called a Torres tree. If you take a single Torres tree down, that's a $10,000 state imposed fine. If you Now, here's the
thing. We're We were very, very, very clear in the land development rules with most of you here to make sure that we weren't preventing future buildings. So, we developed a tree mitigation program. In other words, if you're in a position
where you have to take one of these majestic trees down, first of all, it requires approval by you. Secondarily, the mitigation program is if you take down a 20-inch tree, you've got to replant 10 twoinch trees or seven
three-inch trees. Uh, you know, after taking that tree down. >> Okay. Now, so that's for you to already establish. That's for you to approve. So, you look at the circumstances and the first thing you could do with the builder is say, "Can't you move the
house six feet to the left or 10 feet to the rear?" That's so those rules already exist. That's why I say this is an enforcement issue. Now, here's the exception. If you're homesteaded on a piece of property, okay? The only three trees that you have to get approval from
you on would be a champion heritage or historic tree. Okay? Because Florida right now is very strong in individual property rights. So, we wanted to make sure that we navigated those laws that are already in the state's books, but
not a builder. If if a builder buys a parcel of land, there's nobody homesteaded on that property. So, if you've got a builder buying a parcel of land and wiping the trees out, they've already violated the law. And that's where um Umire has recently stated that
municipalities do have the right in order to impose those fines. that's a fine at that point because the law has already been broken. So, I think from a planning standpoint, those laws are already in place. The only exception is if you're homesteaded, you're living on
that property. Uh if a ch like I say, if it's a champion historic or or a heritage tree, they have to come before you before they can take it down. Now, they have the right to trim them but not take them down. Uh now, that's again only if you're homesteaded on the property.
have an opinion when folks come down no matter what? >> Well, it depends on the on the type of tree. Uh if it's any of your hardwoods, you know, your walnuts, your oaks, uh any of your nut trees, and of course, dogwood. If you have a dogwood that's 3
in or bigger at 54 in above the ground, that's a big time find because it's a slow growing majestic tree. So, that's already in the books. That's already in planning. And many of these folks enforce >> it's enforcement. It's not about writing
new laws because the law we made sure uh listen we wrote the land development rules after Hurricane Michael. So that issue was forefront that was right there. Uh and and like I say the the state has even said all right let's add these trees to your protected trees.
Trees that weren't physically in in the protected area. So, um, again, if you've got a subdivision, a developer, it's not that they can't take the trees down, but first it requires your review before they take them down. Secondarily, then
there's the mitigation program. So, if you then say it's okay for them to take it down, they have to replant those trees. Thirdly, you remember I think it was actually Miss Barrows who said, "Why are we only require I think it was you who said, "Why are we only requiring that the builders
guarantee those trees exist for one year?" So, we changed that to three years. So, the builders have got to put irrigation in to make sure that the trees they replanted are still alive three years from now. So, those things are already in the in the land development rules. Um, I really think
we're talking about compliance and code violations. We're not talking about and and if you guys have something more than what we've just stated that you'd like us to change, happy to go ahead and put them into the land development rules. But I think we really nailed it because
like I say, Hurricane Michael had already happened. We were already trying to preserve what was there. Um if for example you're taking a a majestic tree down, we even put in that you have to have uh you know an arborist come in and say that tree is diseased. They have to
certify that that tree is diseased or a danger uh to the public before it can come down or you have to approve it for building purposes. >> So there's the disease state, then there's the building state. There's a few other things that I'm forgetting
just because I don't have the LDRs in front of me, but I but those things are there already. >> I think these kind of problems and Pretty soon what we'll have is more
houses and no end houses. We're not saying good for our city, you know, for the goals of the future. >> Well, one thing just to to make that point. So, you remember we established both the density rule and the minimum
lot size rule. So, an acre is right at right at 45 thou, you know, 40 46 45,560 square feet. And if you divide that by five, low density residential, you can never put more than five residences in a low density residential area. So that
mean that's works out to about 86 8,700 square feet. Now I've heard earlier today about 7,500 square feet. Remember that's the minimum lot size. So if you start with one acre, you could have five residences in that one acre with the
smallest lot size never being more than 7,500 square feet. But that means somebody else is going to have a 9,000 square foot uh so that you still have the area for trees, green area, um you know, grass, nature, that stuff. So
we've got the we've got the density rules in place. That's five per low density residential, 15 residences in MU1, 25 for MU2. If we look at East Bay Flats, the reason that those are limited to those areas, I think they started
with eight or nine acre. You you guys probably know that more than me because it was development that happened before me. >> Right. So, so but the residences met the, you know, the MU requirements. Uh, and then Exactly. So, so you've got
density, then you got minimum lot size, which really dictates you have to have so much green area. Then we've got impervious. So if you've got a tiny little lot, 7,500 square feet in a low density residential area, remember you can only take up 40% of that in imperous
area. So that means the rest of it's going to be grass in imperous area where where you're likely going to have trees and, you know, bushes and things of that nature. So those rules already exist. I think that when we wrote the LDRs, we really really
>> So you suggest that we should enforce Well, I I I think the issue is really if you've got a builder that's flattening a partial land before they come before you and say, "Is this okay?" They violated the law. That law is already that's a statute that's already in the book. As a matter of fact, we you know that if it's
in an LDR and it's violated, then they violated the municipalities rule and and that's when the now that's the other piece of it I forgot to mention. Then there's the penalty phase. So, you got the tree mitigation phase which is already in place. Now you got the penalty phase and you all establish that penalty phase. Uh now you can change
that you can increase it if you want but that penalty phase is already there >> for the violations. Absolutely. >> I made a statement a couple meetings ago about
tree. Well, I found out somebody broke tree in half. Okay, everybody. I'd like you to meet I look at my watch and she's made it through the entire day >> which is a good sign already.
That's wonderful. Um the only thing I have that I'd like to talk to you about tonight in you make up the infrastructure board. We need to have an infrastructure meeting. Haven't had one in some time because we didn't have any
infrastructure. Next Monday I should have the numbers from Suzanne the bookkeeper in the infrastructure revenue. We now know how to calculate that more accurately
income those areas that are in that meeting and then the >> I'm sorry the infrastructure
CRA CRA board we make that up because it's a little bit confusing $100 tax $100 $8% that's what we need to sit
We don't want any situ about 10 days ago with Mr. Reitude of Mr. and power supply.
He gave that to the electric will be removed. We're not sure what we're going to do with power supply. I think for an ice machine problem they can't put it there. We have little concrete
They might overlook machine whatever they want to have there machine or whatever. And I don't disagree that power supply will remain You paid for
that money in the next few days. Well, I used to not just been Was there something more And to be honest with you, I would
invite you to come as far as I think you should probably read before bring their own boat. It cost too much in our meeting to leave the business. Well, it's pretty important for thing I say is I don't want to spend
hundreds and hundreds of mansbody. from the podium. I'm willing to go ahead and give you the time. Go ahead. >> I'm Bill Converse. There's >> I'm sorry, 101 North Lakewood Drive.
>> Um, so right on Cherry Street there was new lights that were putting an upgrade in which is awesome. It's great. I love having new lights. It helps keep the criminal element down. >> Yeah. >> Yeah. Well, so my backyard looks like a a prison yard. >> I want to give him a name, rank, and
serial number every time I walk out of the backyard at night. So, I mean, I've got a fire pit out there and tiki torches and, you know, normally sit out there and just hang out over the fire, watch it. It was was really nice. >> The the lights were really not well lit. They were old and were okay because the
old lights. Yeah. Because they were dim. >> But they make things called lighting shields and it's a it's a device that you put on the on the street light and it it stops that exact thing from happening where it just blocks the light at a certain area so it doesn't go into
your neighbor go into the people's backyards or areas that's >> And so I didn't know if that Okay. >> Yes. >> Springfield. Okay. >> I got you. >> Okay.
>> Okay. Great. Well, thank you for your time and thank you for all the work you guys do.