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05-20-1996 - Regular '-" ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 20, 1996 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL: Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey City Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Excused Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE: There was a silent invocation and a pledge of allegiance to the Flag. APPROVAL OF MINUTES: Regular Meeting of May 6, 1996 Councilman Hays made a motion to approve the May 6, 1996 minutes, second by Councilwoman Martin. The motion CARRIED 4-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY: jother than public hearings} Paul Jenkins, 2029 willow Oak Drive, spoke in opposition to the proposed restoration permit fees. Judith Lichter, 826 Navigators Way, spoke about Item 7C and when this matter came before the LDRA. She commented on the intent at one time to keep this area small. She feels Mr. Karet's suggestions of changing some of the areas to light industry but keeping those areas that abut single family homes as commercial was well put. She feels something needs to be done with the two incompatible uses and one zoning. Donnie Williams, S. Atlantic Avenue, New Smyrna Beach, Manager of the Florida Shores Business Warehouse, commented on the loss of potential tenants because of the three employee rule. He spoke about not having the jobs and industry to pay people. He can't think of any logical reason for the three employee rule which prevents employers from coming into Edgewater. Myron Hammond, 2516 Hibiscus Drive, spoke about being cited for working outside his shop. He spoke about things he has done to bring his building up to code and clean it up. He feels the City needs to start thinking about the taxpayers. He is starting to wonder if Edgewater is a hospitality city. Edward Clinton, 2210 Hibiscus Drive, spoke about being hit by Code Enforcement for having too many vehicles parked on private property and being told he can not work outside his building. Ray Fisher, Fisher's Auction, Hibiscus, asked to be left alone so he can make a living and to cut the business owners some slack. He spoke about being located by the railroad tracks. 'W' ...., Richard Iasimone, 2010 Hibiscus Drive, spoke on his business being the oldest on Hibiscus Drive. He commented on the paving done on Hibiscus. He commented on water coming on his property and questioned why the drains weren't placed on the side of the road where the railroad tracks are. He spoke about being photographed by Code Enforcement. Mr. Iasimone spoke about past Police Chiefs coming around and introducing themselves. He feels the businesses in the City need to be protected. Mayor Hayman spoke about some of the businesses outgrowing our codes and ordinances. He spoke about the City not meaning to be hostile but the City needs to work collectively in a collaborative mode to help the citizens help the City fix the things that need to be fixed. He commented on being aware of an economic dilemma in the City. Tom Alcorn spoke about Edgewater being a major exporter and we are exporting our children because there 1S no opportunity here for them. He feels it is vitally important to work with the community. He said everyone here has one goal which is results. He spoke about the need for business in Edgewater. Councilwoman Martin asked that Mr. Fong list the accomplishments and endeavors made by the City and Economic Development Board to recruit business and try to make the environment more business friendly. Philip Fong, Chairman, Economic Development Board, commented on the accomplishments of the Economic Development Board. He commented on land use changes on Guava and Hibiscus being an issue. He feels it is important to work together and try to resolve the problems. Councilwoman Martin commented on the effort that has been made to try to bring industry into the City. John Moore, Edgewater, feels the City needs to take care of the businesses that are already in Edgewater. He spoke about problems with the three employee cap. He asked for a fair ear from someone who is going to listen to some of the problems and work with the businesses so they can stay in business. He commented on funds received by bigger businesses from the Capital Improvement Program. He feels the City needs to look at each and every business rather than trying to restrict them and shut them down. vic Glidewell, Edgewater, spoke on the problems on Guava Drive. He feels Hibiscus Drive is a perfectly good street to be used for expanding businesses. He feels the three employee cap is ridiculous and being ignored and needs to be changed. He does not feel Guava Drive should be zoned industrial. Mayor Hayman presented the reasons for the three employee cap. He feels modifications need to be made. Councilman Hays commented on speaking to Mr. Clinton regarding parking. He feels we have issues that need to be addressed and they should have a public hearing. These changes can not be made tonight. We need to get a handle on the issues and look at the land use to find out what changes can be made to accommodate this and look at the parking problems. He made a recommendation to have a workshop addressing the issues and so that everyone can be heard. Mayor Hayman asked the citizens to keep remarks as concise as possible. Page -2- Council Regular Meeting May 20, 1996 ~ ~ Mayor Hayman supported Councilman Hays' recommendation to hold a workshop. He itemized the issues of concern. Barry Brumer, Attorney in Edgewater, commented on his main practice being bankruptcy law and most of his clients coming from Florida Shores. Mr. Brumer commented on the new businesses coming into New Smyrna Beach. He commented on the three employee cap. He feels ideas could be thought of in order to make everyone happy. Mr. Brumer would like the appearance of Edgewater improved which may help attract businesses. Bob Burell spoke about being written up by Code Enforcement. He stated the building he owns can not be supported by only three employees and has been vacant the past three or four years. His taxes continue to go up and his building doesn't rent. He has had three different opportunities to rent the building but because of the three employee cap they chose not to. John Moore, 2354 Fern Palm Drive, commented on section 713.06 of the Code of Ordinances. He spoke about things he didn't know until tonight. He would like to see a workshop on this matter. He complained about the way Code Enforcement is handled. He feels this can be worked out but he doesn't think it is going to be worked out by writing citations or by people complaining. Bob Richards, owner of Southern Instruments on Hibiscus Drive, informed Council he was Chairman for the Industrial Development Board about five or SlX years ago. It was decided at that time that Edgewater could not afford an industrial park and that Guava and Hibiscus would be Edgewater's industrial park. The three employee cap was on then. We have operated in violation of it for eleven years now. He feels they have to get together and work it out. Michael Dean, 2518 Hibiscus Drive, commented on obtaining different costs on deposits and fees when he called as opposed to when he came in to pay. He commented on wanting to purchase property adjacent to him to make an outside storage area. Every time he tries to start something, he gets his hand slapped instead of being offered help to work something out. Kenny Clinton, 1917 pine Tree Drive, spoke about when he was on the City Council. He spoke about city Manager McMahon, Beverly Johnson and Community Development Director Mr. Karet putting businesses and homeowners down. He asked to call the dogs off until this matter is settled. Councilman Hays feels they need to be more user friendly and that some of the requests being made are reasonable. He would like to act on this and hold a workshop. Mayor Hayman would like to see the workshop held before the second meeting in June. Mayor Hayman asked City Manager McMahon to ask Mr. Karet to have the contacts with Code Enforcement and the public be made a warning. He is hearing it is a very antagonistic situation and a lot of people are being acquainted for the first time that they are not in compliance with a code or ordinance. He is questioning what can be done if they don't do anything between now and the workshop. Page -3- Council Regular Meeting May 20, 1996 ..... ..." City Manager McMahon stated the City Manager, Community Development Director, the Code Enforcer, the Chief of Police and police officers follow the exact policy and zoning requirements of the City. They are here to follow the direction of the elected officials. He explained the building code is required by state law. The zoning code is a local ordinance that is passed to administrate the comprehensive land planning and development act of the state. Councilman Hays explained his suggestion wasn't to ask the Code Enforcement to not do her job. There is a need for that. He spoke about a big complaint is being cited for a hood being up on a car outside of the building. He doesn't think this is life threatening and doesn't present a potential hazard as far as public safety goes. community Development Director Mark Karet explained with Council direction, they can stand down in the Code Enforcement activities on Hibiscus and Guava Drives in regards to the individuals who are working outside. We can stand down in regards to those individuals who are not in compliance with the parking. We do have one pending issues that needs to be resolved which relates to parking in the rights-of-way. He spoke about swales being torn up on Hibiscus Drive and fixed by the contractor but the City has been put on notice that he will no longer be doing that. Councilman Hays explained he would like Code Enforcement stepped down on the enforcement of activities on the business property itself. He asked to lighten up on this until the Council has a chance to hammer this out with the citizens. Mr. Karet stated if that is consensus of the Council, he will do that. City Manager McMahon spoke about parking on a public right-of- way. Jerry McDaniels, CM&G Welding, 1922 Hibiscus Drive, spoke about right-of-way parking. He suggested Council use some common sense and they will all get along better. Councilman Hays made a motion to hold a workshop before the June 17th meeting to discuss the three employee cap, proposed changes of land use, parking and outside activities and for Code Enforcement to step back on enforcement of activities on business property on Hibiscus and Guava Drive but not to ignore the public rights-of-way, second by Councilwoman Martin. The motion CARRIED 4-0. Myron Hammond, 2516 Hibiscus Drive, questioned the citation he received today and whether or not he will be affected. city Manager McMahon stated he would think the citation would not be followed through with as a result of Council action. Mr. Karet explained up to this point all that has been issued are courtesy notices which have no regulatory affect. We will not follow up with actual notices of violation. Councilman Hatfield asked anyone that has concerns to please put it to the Council in writing so they have them before that meeting. It is a lot easier to address concerns if they are in front of them. There was a ten-minute recess at this time. COUNCIL REPORTS: Mayor Hayman had nothing at this time. Councilman Hatfield had nothing at this time. Page -4- Council Regular Meeting May 20, 1996 ..,.. ....." Councilwoman Martin had nothing at this time. Councilman Hays had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS: A. Res. 96-R-15 Establishing vehicle restoration permit fee and permit renewal fee Mayor Hayman presented the background and staff recommendation for Res. 96-R-15. City Manager McMahon presented further background information for Res. 96-R-15. Mayor Hayman read Res. 96-R-15. The recommended permit fee and renewal fee is $15. Councilman Hays is glad they finally have a closure on this. Councilman Hatfield made a motion to approve Res. 96-R-15, second by Councilwoman Martin. The motion CARRIED 4-0. CONSENT AGENDA: A. Acceptance of results of Ernst & Young audit of revenues and expenditures of Florida Dept. Of Environmental Protection Loan No. 794020 B. Lease agreement on Minolta copier for Community Development Department Councilman Hays made a motion to approve the Consent Agenda, second by Councilman Hatfield. The motion CARRIED 4-0. OTHER BUSINESS: A. Appointments to Parks and Recreation Board due to expiration of terms of Shirley Pittman and Larry Ruggles, who request reappointment Councilman Hatfield made a motion to reappoint Shirley Pittman and Larry Ruggles to the Parks & Recreation Board, second by Councilman Hays. The motion CARRIED 4-0. B. Appointments to Land Development and Regulatory Agency due to expiration of terms of Mary Agrusa and Ronald Hildenbrand. who request reappointment Councilman Hays made a motion to reappoint Mary Agrusa and Ronald Hildenbrand to the Land Development and Regulatory Agency, second by Councilman Hatfield. The motion CARRIED 4-0. C. Discussion of land use change on Hibiscus and Guava Drives from commercial to industrial This item was discussed under citizen comments regarding agenda items only with a motion made by Councilman Hays, second by Councilwoman Martin. The motion CARRIED 4-0. D. Funding options for development of 26-acre park site City Manager McMahon commented on the reason for this coming to Council. Parks & Recreation Director Jack Corder made a presentation regarding funding options and the expansion of some of their programs. This would be a complex for everyone in the City. He presented preliminary estimated costs. Page -5- Council Regular Meeting May 20, 1996 '-" .""., Councilman Hays would like this placed on the General Election ballots due to a better turnout but it can only be placed on the Primary Election ballots. He expressed disappointment that it can not be placed on the General Election ballots. City Clerk Wadsworth explained her conversation with Deanie Lowe and the reason why it would be better to place this on the Primary Election ballots. It was the consensus of Council to send a letter to Deanie Lowe, Supervisor of Elections, requesting this be placed on the ballot for the General Election for reasons stated. City Manager McMahon agreed to get a letter out early tomorrow but suggested Council carefully consider the wording on the ballot and the cost of providing the funds for this. The Council is going to be looking at the equivalent of 1 - ~ mills for $3 million. He suggested Council have discussion over the period of the summer at a minimum of four different meetings so the public is fully aware of what is being done. city Attorney Storey commented on legal requirements regarding the wording and language. There was a discussion regarding a referendum being binding and the certified millage rate on a bond issue. Mr. Corder completed his presentation speaking about the shuffleboard facility being moved to the 26-acres. GENERAL CITIZEN COMMENTS/CORRESPONDENCE: Mayor Hayman read a letter from the Florida House of Representatives regarding Vehicle Hit and Run FHB-173. Judith Lichter, 826 Navigators Way, feels a very compelling reason why a second primary should not be used for the date of such an important referendum because there may not be a second primary. She questioned how long it would take to payoff the possible construction of the 26 acres by raising the millage rate 1.5 mills. City Manager McMahon informed her this would be for fifteen years. She then questioned if they need the whole thing at one time. City Manager McMahon commented on ways the cost can be reduced. Dominick Fazzone, 302 Paradise Lane, expressed support for the 26-acre park project. Paul Jenkins, 2029 willow Oak Drive, commented on Code Enforcement and codes are costing a lot of small businesses in this town from not even opening. It is not just restricting the businesses that are here. We have this Economic Development Plan that helps out on taxes and impact fees for ten employees or more but nothing helps out the guy who has three or four. OFFICER REPORTS: City Attorney Storey informed the Council of correspondence from the Florida League of cities regarding legislation that was passed regarding the property appraiser presumption of correctness. The League is requesting a resolution opposing that and urging the Governor to veto. Mayor Hayman commented on the letter and resolution he received. Councilman Hatfield made a motion to approve Resolution 96-R-16, second by Councilwoman Martin. The motion CARRIED 4-0. City Manager McMahon had nothing at this time. Page -6- Council Regular Meeting May 20, 1996 ..... ...", City Clerk Wadsworth had nothing at this time. ADJOURNMENT: There being no further business to discuss, councilman Hatfield made a motion to adjourn. The meeting adjourned at 9:15 p.m. Minutes submitted by: Lisa Kruckmeyer Page -7- Council Regular Meeting May 20, 1996