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06-16-1997 - Regular '-" ""'" CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 16, 1997 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 Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Dr. Bill Sharp, Christian Life Center. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Regular Meeting of June 2, 1997 Councilwoman Martin made a motion to approve the June 2, 1997 minutes, second by Councilman Hatfield. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Hays had nothing at this time. Councilman Mitchum had nothing at this time. Mayor Hayman had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Second reading and public hearing Ordinance No. 97-0-09 Rezoning 1.11+/- acre parcel from 1-3 to 1-1 West Park Avenue Mayor Hayman read Ord. 97-0-09 and opened the public hearing. Mayor Hayman informed Council of a conversation he had with Charles E. Wheaton. Councilman Hatfield informed Council he has visited the property and has spoken to Mr. Wheaton. Councilman Hays informed Council of a conversation he had with Mr. Wheaton. ~ ...." Community Development Director Mark Karet presented the background information and went over the criteria that has been established. The Department of Community Development has concluded that the applicant has satisfied six of the seven criteria established for small scale rezoning and recommended approval. Earl Wallace, 1927 Guava Drive, presented comments as the representative for the applicant. Mr. Wallace had no questions of Council. There were no citizen or Council comments. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Ordinance 97-0-09 based on the criteria identified by staff, second by Councilman Hatfield. The motion CARRIED 5-0. B. First readinq and public hearinq Ordinance No. 97-0-10 Amendinq zoninq ordinance to add limited aquaculture to list of permitted uses in I-I. 1-2, 1-3 and PID districts City Attorney storey explained the request of the applicant and that the Council needs to hold two public hearings. Mayor Hayman read Ordinance 97-0-10 and opened the public hearing. Mr. Karet presented the background information and elaborated on aquaculture uses. He called Council's attention to the proposed ordinance and the permitted uses in the I-I, 1-2, 1-3 and PID districts including limited aquaculture. The Land Development Regulatory Agency voted 6-0 to recommend approval of the ordinance to City Council. Earl Wallace, 1927 Guava Drive, representative for Charles Wheaton, feels this added text amendment would benefit the community as well as the tax base. There were no citizen or Council comments. Mayor Hayman closed the public hearing. Councilman Hatfield made a motion to approve Ord. 97-0-10 as per the recommendation of staff and the LDRA, second by Councilwoman Martin. The motion CARRIED 5-0. C. First readinq and public hearinq Ordinance No. 97-0-11 Amendinq zoninq ordinance to permit bed and breakfast establishments in R-l, R-IA and B-3 districts Mayor Hayman read Ordinance 97-0-11 and opened the public hearing. Mr. Karet presented the background information. The LDRA and staff have acted favorably to the request to permit bed and breakfast establishments in the R-IA zoning district. He went on to explain the proposed ordinance and the process for someone to obtain an occupational license for a bed and breakfast establishment. He further elaborated on the criteria established. There were no citizen or Council comments. Frances Todd, 621 N. Riverside Drive, presented comments regarding her request to convert her home into a bed and breakfast. Page -2- Council Regular Meeting June 16, 1997 '-" ...", Ken Millard, 238 N. Riverside Drive, spoke in opposition to changing the zoning on Riverside Drive to allow bed and breakfast establishments. Ana Burnett, 418 N. Riverside Drive, questioned a bathroom being required for each bedroom. She was informed that is established in the criteria. Ms. Burnett questioned parking. Mayor Hayman briefly commented on the parking requirements. Ms. Burnett questioned what happens if the establishment doesn't work out. Mr. Karet explained it could revert to a residential use or someone else could purchase it and continue to operate the bed and breakfast. Mr. Karet spoke about bathroom facilities. It is not required that each individual room have its own bathroom facilities. The intent is that it be distinguished and separate from the residents living there. If Council would like each individual room to have its own toilet facilities, that could be incorporated into the ordinance. Ms. Burnett spoke about the traffic on Riverside Drive. She feels that area would be destroyed if the bed and breakfast establishments were allowed. Yvonne Bice, 210 N. Riverside Drive, expressed concern regarding the traffic it would bring. She questioned if there is a limit to how many bed and breakfast establishments can be built on Riverside Drive. Is everyone going to have the same right if they all have homes that are adaptable. Mr. Karet explained there are no spacing requirements in the ordinance. In theory, anyone that meets the criteria and goes through the process could be granted a conditional use permit to become a bed and breakfast. Ms. Bice questioned who makes the final decision as to who is allowed to have a bed and breakfast. Mayor Hayman explained if the ordinance passes, they would need to apply the ordinance equally to everyone. Mr. Karet elaborated on the process for conditional uses. Ms. Bice commented on the bed and breakfast establishments in st. Augustine. What happens to the property value when the bed and breakfast establishments come into the area. Mr. Karet explained this is the opinion of someone who is not an expert in property values. Most of the experiences with bed and breakfast establishments are in historic districts. What effect it would have in Edgewater is hard to judge. He doesn't feel it would have a negative impact or that it would drive down the values of property. Ms. Bice asked if a study has been done in New Smyrna regarding what effect it has had on New Smyrna Beach or st. Augustine. She would like Council to look at this more closely before making a decision. Bud Roberts, 423 N. Riverside Drive, asked if the LDRA has gone out and looked at the location being discussed. He feels it is a treacherous spot. He feels this should be looked at closer. Mr. Roberts spoke of controversy in New Smyrna regarding bed and breakfast establishments. Page -3- Council Regular Meeting June 16, 1997 "-' ....., Mr. Roberts further spoke in opposition to allowing the bed and breakfast establishment. Mr. Karet explained this action is a text amendment. It effects what is permissible in that district. The actual applicant's piece of property would not immediately be effected by this. They would have to corne in and make application for conditional use and any issues would be addressed specifically to that property at that time. Patricia Richards, 422 N. Riverside Drive, spoke in opposition to having a bed and breakfast on Riverside Drive. She doesn't believe this would help or stabilize property values. She feels this was not a well publicized meeting about this ordinance. She feels if more residents knew about what is going on, there would be a lot more people here complaining about this ordinance. Mayor Hayman explained the necessary public notice was disseminated in the newspapers. City Attorney Storey explained that is all that is required. Individual notices to property owners are not required because this relates to several zoning districts, not an individual property. Mr. Karet explained the meeting held by the LDRA was covered by the press and they did publish an article in the newspaper. Mayor Hayman closed the public hearing. Councilwoman Martin stated she sees this as an attempt to commercialize Riverside Drive much like AlA. She feels approving this request would be a mistake. She spoke about the Riverwalk. She feels this is not a good idea. Councilman Hays spoke on the concept of bed and breakfast establishments being something he enjoys when he and his wife travel. He doesn't think Riverside Drive is the place for bed and breakfast establishments. The majority of the people who spoke tonight spoke in opposition to this and he feels he has an obligation to represent them on this. Councilman Hays made a motion to deny Ordinance 97-0-11, second by Councilwoman Martin. The motion CARRIED 3-2. Councilman Hatfield and Mayor Hayman voted NO. D. Public hearing - appeal of Land Development and Regulatory Agency decision denying conditional use permit, Resolution No. 97-R-15 Mayor Hayman opened the public hearing and read Res. 97-R-15. City Attorney Storey presented the background information pertaining to the decision of the LDRA. She made Council aware of the conditions and criteria for the granting of a conditional use permit and asked Council to disclose any ex parte communication. Mayor Hayman informed council of discussion he had with the applicant. Councilman Hatfield informed Council of discussion he had with Mrs. Stanley who is in opposition to this. Mr. Karet made a staff presentation regarding the LDRA's decision to deny this request. Staff had made a recommendation to approve the request at a hearing held before the LDRA on March 26, 1997. Page -4- Council Regular Meeting June 16, 1997 ...... ., Mr. Karet made the same presentation to council that was made to the LDRA. He explained the definitions, which are followed very closely, are used for family residential homes, community residential homes, and institutional residential homes and are based on how they are defined by state law. Mr. Karet explained the standards for the review of conditional use permits in Section 612 of the Land Development Code. Mr. Karet informed Council staff recommends the applicant's request be approved and that the conditional use should be conditioned. He elaborated on the conditions to be placed on the conditional use permit. Councilman Hays questioned if this piece of property is the only piece of property in that area that is not on the wastewater or do we have an enclave. Mr. Karet explained there is an enclave in that area which goes all the way down Regent street. Councilman Hays asked what level of patient care is projected for these residents. Mr. Karet elaborated on the type of care that will occur at the property in question. Mary Hansen, 1620 S. Clyde Morris Blvd., representative for Jesusa Wheeler, presented comments regarding their request. She spoke about the facility and briefly commented on the level of patient care that will be provided. Ms. Hansen further spoke about the need for adult congregate living facilities in Edgewater. Ms. Hansen elaborated on the standards for a conditional use permit. Every single one of the City's and State's requirements will be met amply or exceeded by this facility and Ms. Wheeler. Ms. Hansen spoke about noise levels, traffic and parking issues. Ms. Hansen spoke about the denial of this request by the LDRA. Ms. Hansen spoke about moving the patients during the tornado that came through Edgewater. Ms. Hansen spoke of biohazardous waste. The only waste there is dirty diapers which are not considered biohazardous waste. There was a ten-minute recess at this time. Ms. Hansen spoke about pine trees that were taken down after the storm and this being a concern of the LDRA. Joan Clearing, 61 wildwood Drive, New Smyrna Beach, spoke about the home on Mango Tree and her mother being placed in this facility. She is grateful for a clean and loving place where her mother spent her last days. Mary Miller, 1330 Mango Tree Drive, spoke about there not being any crying and the facility being immaculate. She praised the facility. George Wolfe, 2729 Lime Tree Drive, spoke about his wife having a stroke and being placed in this facility. He spoke on behalf of Ms. Wheeler. Helen Haskell, N. Riverside Drive, commented on her husband being a resident at the home that Ms. Wheeler has at this time. She spoke on the cleanliness of the facility. Page -5- Council Regular Meeting June 16, 1997 ~ ..." Gertrude Wheeler, 921 Lake Avenue, spoke about her husband also residing at this facility and the care he received. Mayor Hayman closed the public hearing. Councilman Mitchum moved for approval based on the recommendation of staff to include the conditions, second by Councilman Hatfield. The motion CARRIED 5-0. Councilman Hays feels the comments he has heard are very encouraging. E. Resolution No. 97-R-16 utility relocation agreement with state of Florida Department of Transportation utilities Director Terry Wadsworth presented the background information. Mayor Hayman read Res. 97-R-16. Councilman Mitchum made a motion to approve Res. 97-R-16, second by Councilman Hatfield. The motion CARRIED 5-0. CONSENT AGENDA A. Purchase of one computer system with one 450 UPS using Law Enforcement Trust Funds B. satisfaction of two lot clearing liens C. Blanket license agreement with Florida East Coast Railway Company (FEC) D. Request for review committee to enter into negotiations with applicants for design and construction services for development of Fire/Rescue station #57 E. Edgewater Fire/Rescue Association's banner sign request Councilman Mitchum made a motion to approve the Consent Agenda, second by Councilwoman Martin. The motion CARRIED 5-0. OTHER BUSINESS A. Petitions from residents of Riverside Drive Ferdinand Heeb, 115 N. Riverside Drive, made a presentation regarding the petition presented pertaining to the increasing traffic on Riverside Drive. Mr. Heeb read the petition. He presented the results of the petitions mailed. He read the comments received from a resident at 2004 S. Riverside Drive. Mr. Heeb informed Council of petitions he received after a list was made by Sue Koser. He read the names on the additional petitions. Councilman Hays questioned if Riverside Drive is declared as a scenic drive, would the speed limit be decreased. He feels they need to think about the stop signs. He would like more input regarding this matter. Councilman Mitchum agreed with Councilman Hays. He feels lowering the speed limit to 25 miles per hour may suit the need. He would not want stop signs. Page -6- Council Regular Meeting June 16, 1997 .....,. ..., Mayor Hayman would be willing to look at two intersections. He encouraged the community to have a sunset for six months and return this for further discussion. He has no problem with no passing on Riverside Drive. He spoke about the citizens asking to raise the speed limit on Riverside Drive from 25 mph to 30 mph not long ago. Councilwoman Martin lives on Riverside Drive. She spoke in opposition to putting stop signs on Riverside Drive. She feels if they want to sight see they should stop and use the Riverwalk. A no passing lane would help. She feels Riverside Drive would be more commercial if they put up stop signs. Councilman Hatfield agreed with Mayor Hayman. He would like to revisit this in six months. He spoke about the speed limit on Park Avenue and Indian River Blvd. Councilman Hays feels they should consider a no passing zone in residential areas throughout the City. Parks and Recreation Director Jack Corder explained in 1993-1994 Riverside Drive was declared a scenic area. Mr. Heeb further spoke about the speed limit and traffic on Riverside Drive. He encouraged Council to try all five stop signs for six months and then relook at this. Councilman Hays would like some input from the Police Department and Fire/Rescue regarding response times. Adelaide Carter, 1705 Dayton Street, spoke about traveling Riverside Drive to go to work. She feels 25 mph and no passing lanes are fine. She feels Indian River Blvd. and Park Avenue should be considered. Bud Roberts, 423 N. Riverside Drive, spoke about a show he saw on television that is identical to the problem on Riverside Drive. He feels everything should be taken into consideration. Doug MoIster, 101 Park Place, is for slowing down the speed on Riverside Drive but he is opposed to the stop signs. He spoke about changing the speed limit to 20 mph. Glenn Barnhill, 602 S. Riverside Drive, feels they can do all this but there is still going to be a problem if there isn't another north-south street throughway west of the railroad tracks. Councilman Mitchum made a motion to support the agreement except for the stop signs and to get Police Chief Schumaker involved and for this to be brought back at the next Council meeting, second by Councilman Hays. Councilman Mitchum clarified his request to include the scenic route signs, no passing on Riverside Drive, the 25 mph speed limit and to delay the stop sign issue for two weeks until this can be looked at. The motion CARRIED 5-0. B. Bids for metal building materials Mr. Corder made a presentation regarding the bids for metal building materials. Staff recommendation is for Council to reject all bids and authorize re-advertising for bids for the construction of a metal building. Councilman Mitchum made a motion to approve Mr. Corder's request, second by Councilman Hays. The motion CARRIED 5-0. Page -7- Council Regular Meeting June 16, 1997 ..., ....." C. Bid award for demolition of structures at 346 North Ridgewood Avenue/Ocean Breeze Court Councilman Hays moved for approval, second by Councilman Hatfield. The motion CARRIED 5-0. D. Replacing liquidated damages with retention funds for requirements of substantial and final completion status for Contracts A and B (Florida Shores RIP) entered into agreement with Halifax Paving, Inc. Councilman Hatfield moved for approval, second by Councilman Hays. The motion CARRIED 5-0. E. Appointment to Economic Development Board due to expiration of term of Gary W. Roberts, who requests reappointment Councilman Hatfield made a motion to reappoint Gary W. Roberts, second by Councilwoman Martin. The motion CARRIED 5-0. F. Designation of voting delegate at Florida League of cities annual convention at Buena vista Palace August 21-23, 1997 Councilman Mitchum made a motion to designate Councilman Hays as the voting delegate at the Florida League of cities annual convention, second by Councilman Hatfield. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mayor Hayman spoke about a resolution for the MPO supporting the City's position to the Department of Transportation. Dick Jones, 1530 Sabal Palm Drive, apologized to Council. He is sorry to hear about the no passing zone on Riverside Drive. Peter Moncure, 120 N. Riverside Drive, commented on putting stop signs on Riverside Drive. OFFICER REPORTS City Manager McMahon had nothing at this time. City Attorney Storey had nothing at this time. city Clerk Wadsworth had nothing at this time. ADJOURNMENT There being no further business to discuss, Councilman Hatfield moved to adjourn. The meeting adjourned at 9:52 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting June 16, 1997