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02-16-1989 - Special '. .,.,. ..." CITY COUNCIL OF EDGEWATER SPECIAL MEETING WITH LAND DEVELOPMENT & REGULATORY AGENCY FEBRUARY 16, 1989 MINUTES Vice Mayor Russell Gold called the meeting to order at 7:02 P.M. in the Community Center. ROLL CALL (Council) Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish Arrived Later Present Present Present Present City Attorney Jose'Alvarez City Manager William Powers Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Excused Present Present Present Don Bennington Nancy Blazi Robert Garthwaite Sadie Glover Present Present Present Present Agency) Bill Klein James Mackie Louise Martin Present Present Present ROLL CALL (Land Development & Regulatory Vice Mayor Gold called a recess at 7:04 P.M. to await the Mayor's arrival. Mayor Mitchum arrived at 7:05 P.M., and called the recessed meeting back to order at 7:06 P.M. Mrs. Nancy Blazi, LDRA Chairman, stated that Council appoints the City Manager, City Attorney, and advisory board members and they serve at the will of the Council and should answer to Council. She stated that the Board has a problem with the communications between the City Attorney which have to go through the City Manager's office. She pointed out that memos get bogged down and often the City Attorney doesn't get them until 2 or 3 days before the meeting and then he doesn't have time to research and get the answer for the next meeting which causes them to postpone a decision. She asked that Council allow them to communicate directly with the City Attorney, keeping the City Manager aware of what the Board is doing. She explained they understand that memos for Council would go to the City Manager because he sets the agenda and must make comments. She stated that some of the members would like the City Attorney at all their meetings and there are times she feels he should be present, but if they get answers back in a reasonable time, then there may not be a need for him to attend. Mrs. Blazi stated that the City has no Planner again and she feels Council should take interest in the hiring of Department Heads. She stated that Mr. Ong's personal and professional conduct did not reflect the leadership they're looking for. Mayor Mitchum cautioned Mrs. Blazi regarding her statements. Mrs. Blazi suggested they give consideration to someone who's had previous municipal experience because of the difference between the private sector and municipal government. She stated that Mrs. Plaskett did a marvelous job running the depart- ment when they didn't have a City Planner but she doesn't have a college degree and the City Manager's looking for someone with a college degree. Mayor Mitchum pointed out the meeting is for the LDRA and Council and he doesn't want names called or to get into administrative areas because Council will handle the administrative and the City Manager, and there's a set policy. Don Bennington stated that the City Manager solved one of the biggest problems by taking Code Enforcement from under the Building Department. He said there's still a problem with building permits issued and there's a violation of Section 715.02. He said people come for site plans and they find out they have building permits and are doing the work without site plans. He stated that more individuals will probably appeal their decisions and in the future they should require they supply them with verbatim copies of minutes, as he feels they were misled in the minutes regarding 'a lengthy discussion'. He pointed out that after they make a decision, they have no control over what is done in the field, and they have to abide by the Code. ...... ..- James Mackie stated they've had trouble with communications with the Council since 1972. He said they're just an advisory board and never get satisfaction from letters sent to Council. He said the members found they had no juris- diction to require the City Attorney to come to their meeting because Council had stipulated he wasn't being paid for it. He referred to the prior 2 year waiting period for property to belong to Edgewater, and a mistake they'd made and weren't told about it. He spoke on the previous boards that were combined. He said they've never had a problem when they've had an attorney. He again stated they're lacking in communication. Robert Garthwaite stated that they knew they're an advisory board and appeals of their decisions would be made to Council. He suggested minutes should be provided to Council verbatim to find out just what was said. Bill Klein stated that in the last 3 to 4 months there has been a list of wrongdoings presented to the City's administration and they haven't received a communication back on this. He stated there are problems in the City and people are doing things that aren't by the ordinances. He stated that some decisions are being made in City Hall that should be made by the City Attorney. He pointed out they need legal interpretations from time to time to make their decisions. Louise Martin stated they stick to the Code and leave personal feelings out of their decisions. She asked that the Code be adhered to so it doesn't increase their work load unnecessarily. Sue Glover stated that she's doubtful they're doing the right thing sometimes when they go over the 5 criteria because it's so restricted. She asked that they look into making some changes and perhaps see what other cities work by to see if ours might need loosening. Don Bennington stated that a variance isn't to be granted that couldn't normally be built under normal circumstances. He said that's why the restrictions are so strong and they have to supply the hardship. He stated that when the present City Attorney was hired, he was to come to any board meetings when the chairman requests it. He asked that they look into this as he thought it was in the base monthly pay to attend any board meetings. Mrs. Glover pointed out it's sometimes difficult to determine a true hardship. Mr. Klein suggested they should have minutes spelled out instead of a brief breakdown that can be interpreted different ways. He pointed out they don't even have minutes from many of the meetings yet. He stated they put conditions on a lot of things and they aren't aware if these conditions are met when the project is done and they need to know this. Mr. Mackie spoke on the businesses that are required to put in landscaping and then they don't follow through with the proper shrubbery or trees. He suggested they consider a larger diameter tree and that they don't get a certificate of occupancy until everything is correct. He spoke briefly on the B-2 zones. Mr. Bennington spoke on the landscape ordinance and the condition of the new Hardee's lot. Mayor Mitchum asked if the landscaping there is finished and Mr. Bennington replied that it was signed off. Mrs. Blazi pointed out there was a question with the lights (at the miniature golf course) that was never resolved. She asked if the Police Department could check to see if the lights of Hardee's could create a hazard for drivers. There was further discussion regarding the lights from the golf course. Chief Schumaker pointed out that the opinion would be of the individual Police officer. Mr. Bennington reviewed when the golf course was approved and the requirements regarding the lights shining, and that the enforcement people were asked to look into it. Mrs. Blazi pointed out that they've made good stride in the department with re-establishing a system of enforcement but there has to be a follow up. -2- City Council of Edgewater Joint Meeting with Land Development & Regulatory Agency February 16, 1989 Minutes ..... ...." Mrs. Glover pointed out they'd put a condition on the area behind Winn-Dixie to replant the trees and put up a fence and it should be checked when it's done to make sure it's done. Mr. Bennington suggested they withhold a certificate of occupancy and then it would be done properly if they knew they couldn't get away with it. Mr. Klein stated too many people in the City sign off on things that should be done right and it's not that way in the ordinance. Mayor Mitchum asked the system for checks and balances before signing off. Mr. Powers replied the system is that before a C/O is issued, the Building Department has to inspect it and it was circulated for the Department Heads to sign off on their portion. He said a punch list is used and has to be completed and this will rectify the problem from the past. He said the certificate of zoning has to be verified before it goes to the Building Department and that helps solve a lot of problems. He pointed out the Code needs a lot of cleaning up and everyone has to make interpretations. He stated they're facing the Comprehensive Land Use Plan and this board is charged with that and an initial review shows there are a lot of problems with it and they'll investigate it and find out how to correct it. He added that the minutes aren't transcribed verbatim and she has been able to transcribe about six sets but has had to use a lot of overtime. He pointed out they've been working on a lot of ordinance updates and they need to look at equipment needs for computers and word processors which will increase their efficiency. He noted that minutes are to provide a document that will accurately reflect the actions of that board at that time and the section they referred to was a short segment taken from the tape because the minutes hadn't been transcribed and this wasn't intended to misrepresent anything. Mr. Powers stated that he'd told the Department Heads not to contact the Attorney without his knowledge and he didn't say the boards couldn't and that was an assumption. He said he'd look over most things and then they'd go on, and he has no problem with the boards communicating directly with the Attorney but the departments won't communicate with the Attorney without going through the City Manager. He stated that the City Attorney and City Manager are on the same plain in reporting to the Council, and the Board doesn't answer to him and he doesn't answer to the board, but to Council. He added that it's very specific in this form of government and is specific in the ordinance that implemented the Manager form as to who does the hiring and firing. He pointed out they didn't receive a lot of response from the last advertisement for the Planner and he hopes to get as many as for the Finance Director's position. He stated that his concern will be is if they have governmental experience, but he does require a degree in Planning. He pointed out the City has liberal benefits for getting a degree, and he explained that to an individual who didn't qualify. He referred to the need for a Police officer's knowledge of the law and a Planner needs to know advertising requirements per State Statutes. He spoke on other building officials and their duties in growth situations. Mr. Powers pointed out the meeting was to clarify their duties and responsibilities and section 7 of Ordinance 88-0-8 is very specific as to their duties. Mrs. Blazi expressed her hopes that the lines of communication would remain open between the board, City Manager, City Attorney, and City Council. She stated the board wants to contribute what they should and to be part of the team. -3- City Council of Edgewater Joint Meeting with Land Development & Regulatory Agency February 16, 1989 Minutes -- .., Councilman Hatfield stated he's 100% behind the City Manager and the City Manager form of government, and they need to make the government more pro- fessional and more equitable for each citizen. He stated that he attends as many LDRA meetings as he can and depends on them and supports the board and the board needs to support the Council. He pledged to keep the lines of communication open with all the boards. Councilwoman Bennington stated that regardless of what the contract with the City Attorney says, she feels that any board that feels they need him there should have him there by request without having to get prior approval. She pointed out the Board's function is to approve or disapprove site plans and handle variance and special exceptions and zoning and the Comprehensive Land Use Plan. She added that it's not up to the Board to enforce Codes after they approve a project. She suggested that the problems with the lights at Hardee's and the golf course could be handled by the Building Trades Regulatory Appeals Board to determine if the lights need to be changed and then it would only be challenged through Circuit Court. She pointed out there's a lack of consistency in interpretations of the Code. She suggested that anytime they have someone appeal to Council from a board's decision, she'd like that chairman to be present to represent the board. Mr. Garthwaite asked if the Building Department has a check list to inspect the site and then returns it to the proper people. Mr. Powers replied yes. Mayor Mitchum asked if it comes back to the board to be checked when they approve a site plan with certain restrictions and it's signed off. Mrs. Blazi replied no. Mr. Bennington stated they are not going to approve any- thing else with conditions and will put conditions on the print and have them come back. Mrs. Blazi agreed it needs to be in black and white and they'll require everything is done before it comes to the board so there won't be so many possibilities of error. Councilman Fish expressed his appreciation for their services and said the duties of the board are outlined in the ordinance that created it. He stated on some occasions LDRA has overstepped their bounds and stepped into the Code Enforcement area and that's where some of the past problems were generated. He suggested they all work together and trust each other. Mr. Bennington asked how they'd overstepped. Councilman Fish said some of the issues about the lights and some of the requests he's seen, and their purpose is to approve site plans of the projects and not what they do with it down the road or if they're doing something illegal, because that's up to code enforcement. There was brief discussion about the way it was handled in the past. Mr. Klein stated they go by the ordinances and don't step into code violations but when they put stipulations on it and those aren't met, then they step into it. He stated that the City administration is not enforcing the Codes and it's up to Council to see that it's done. Councilwoman Bennington stated that in the past the Board has seen things not being followed through right and it goes back and is changed illegally but requiring everything on the plans prior to approval will help. She suggested they update the ordinance on code enforcement and put a shorter time frame on it. She also requested consistency in interpretation. Mr. Klein pointed out that Burger King's request for a sign was denied because it exceeded the size and then down at 30th Street there was a sign advertising a subdivision which exceeds the ordinance requirements. Mrs. Blazi stated that one of the biggest problems in the past was that Council didn't look down the road and their board has to be concerned with the future and growth in the City. Mr. Bennington stated there was no building permit issued for the sign and nothing was done about it. He suggested everyone go by the same rule book. -4- City Council of Edgewater Joint Meeting with Land Development & Regulatory Agency February 16, 1989 Minutes .. .. Councilwoman Bennington recalled that they passed a landscape ordinance before and gave a 36 month clause for every building in the City to come up to standards. She said they were given a notice when they were given licenses but it's never been enforced. Mrs. Blazi pointed out the sign ordinance was the same way and it allowed 5 years for the businesses to bring them up to Code. Councilwoman Bennington suggested they have more code enforcement officers to go out and do the job. Mayor Mitchum agreed these were valid points brought out and they all have guidelines.to follow. He suggested they all be watchdogs of the community and work together as a team. Mrs. Blazi thanked Council for giving them the opportunity to meet with them. Mayor Mitchum thanked them for coming and for the work they do. Councilman Fish moved to adjourn. Councilman Gold seconded the motion. Meeting was adjourned at 8:30 P.M. Minutes submitted by: Lura Sue Koser COtING - ZONE 'tWO --1;"- ~(/:/t6((~/1 t? /4t"-/ COUNCILMAN - ZONE THREE 2i~ /f ~~ COUNCILMAN - ZONE FOUR ~V~ )/ ~ ATTEST: -d.~.- ACTING CIT Approved this ,3i day of '. C' ~~ MAYOR -5- City Council of Edgewater Joint Meeting with Land Development & Regulatory Agency February 16, 1989