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08-21-1989 - Regular '-'" ....., CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 21, 1989 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Danny Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez City Manager Elly Johnson Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Excused Present Present Present Present Present Excused Present INVOCATION, PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Harvey Hardin, retired Methodist minister, delivered the invocation, calling for a moment1s silent prayer for the Hatfield family. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reaular Meetina of Auaust 7, 1989 - Councilwoman Bennington moved they approve the minutes of August 7. Councilman Fish seconded the motion. Motion CARRIED 4-0. CITIZEN COMMENTS None. CONSENT AGENDA Mayor Mitchum asked if anything was to be removed from the consent agenda. There were no requests. Beautification Committee's proposed By-Laws - Councilman Gold moved for approval of the consent agenda. Counc ilwoman Benn i ngton seconded the mot i on. Mot i on CARRIED 4-0. NEW BUSINESS John McGreaor with petition reaardina opposition to Ord. 89-0-11 Outdoor display and storaae - Mr. Johnson stated that Mr. McGregor had presented a petition requesting an appearance before Council. Mr. McGregor stated the petition was sent July 12th and they are objecting to the ordinance. Mr. Johnson advised Mr. McGregor that the normal procedure is to present the petition to the Council and each member has a copy. Mr. McGregor asked that they respond to certa i n objections he has made. Mayor Mitchum asked if he is objecting to the ordinance. Mr. McGregor replied he objected to the ordinance and the way it was presented. Mr. Johnson stated that in response to not being notified, they ran several ads in the local paper when it was being considered by the Land Development and Regulatory Agency and Council with a quarter page ad and it's been in the discussion stage for about two years before Council and the LDRA. Mr. Johnson said on the second question regarding the 6 foot fence, he can't respond about aesthetics but it is an ordinance of the City and they have to enforce it. Mr. Johnson stated that item three regarding the $75.00, it is a normal filing fee for advertising and they accepted it as reasonable and adopted it. He pointed out the objections could have been made at the hearing. Mr. Johnson stated in response to item 4 that they had several ads run plus other notifications and discussions plus it was in the papers when it was discussed by Council. ~ ......, NEW BUSINESS John C. McGreaor with petition reaardina opposition to Ord. 89-0-11 Outdoor display and storaae (Continued)- Mr. Johnson stated in response to item 5 regarding 10 days from notification to comply, the ordinance was passed June 5th and he wasn't cited until just a couple of weeks ago and they gave grace time before starting to write tickets. He added that they've written 11 tickets for violation. Mr. Johnson stated in response to item 6 being exempt because of grandfathering per Section 766, the City Attorney will reply. City Attorney Alvarez stated he's not familiar with 766 but he'll be glad to discuss it with him. Mr. McGregor stated the grandfather clause says they'll grandfather it in and he owns the property. City Attorney Alvarez and Mr. McGregor briefly discussed the grand- father clause. Mr. Johnson stated in response to item 7, the elected officials will have to address that. Mayor Mitchum suggested Mr. McGregor meet with the City Attorney and then if they have to pursue it further, they will. He pointed out proper notice was given. Mr. McGregor asked if they will hold off on citations with 10 days notice until it's resolved. Mayor Mitchum stated it's an enforceable ordinance at this time. Councilwoman Bennington stated the ordinance has been in the works for over two years and the business community has been aware of it and she'd talked with several people in October of last year about it. She pointed out they held public hearings and didn't have anyone speak against it. Mr. McGregor said when he talked to the others after it was passed no one knew anything about it until then. Councilwoman Bennington asked if he thought Council should notify every business man or property owner every time they pass an ordinance. Mr. McGregor replied yes. Counc ilman Fish stated that a number of ads were placed between the Land Development and Regulatory Agency and adoption of the ordinance with the two public hearings. City Attorney Alvarez displayed the quarter page ad run Saturday and Sunday, June 24th and 25th. Mr. McGregor stated he didn't see it. City Attorney Alvarez further explained that every ordinance is required by State law to be passed at a public hearing and this ad was in the legal section of the News Journal. Councilwoman Bennington asked about his objection to filing for a special exception. Mr. McGregor replied the form would be unsuitable because the five criteria wouldn't be applicable. Councilwoman Bennington noted every zoning has a category for special exceptions. Mr. McGregor agreed it should be treated as a special exception but not use that form because it doesn't apply. He added he could make a request verbally or by letter and it shouldn't cost $75. City Attorney Alvarez suggested the specific questions could be answered by the Assistant Planner and that could be the means to have a better form and for Mr. McGregor to clarify some of the points. Mr. McGregor stated he still wants to talk with the City Attorney. City Attorney Alvarez agreed. Mr. McGregor stated he doesn't understand the setbacks and his land is 100 by 200 approximately and if you consider setbacks, 42% of his land he can't use and he can't display or build or park on it. City Attorney Alvarez again suggested he meet with the Assistant Planner and Mr. McGregor agreed. Mayor Mitchum asked that he let them know where they go from there. Hiaainbotham Chevrolet Oldsmobile's request for sale at Florida Shores Plaza September 1. 2. and 3. 1989 - Mr. Johnson recommended the request be granted for the sale on September 1, 2, and 3, and issue a temporary permit with the condition that all requirements of the ordinance be met. Councilman Fish moved they accept the request for a sale to be held September 1, 2, and 3 at Florida Shores Plaza in accordance with Ordinance 88-0-19. Councilman Gold seconded the motion. Councilwoman Bennington stated the City hadn't received the insurance binder as of this date and she'd like the motion be contingent that it be received. Mr. Johnson stated they won't issue the permit if they don't have the binder. Motion CARRIED 4-0. 2 Council Regular Meeting Minutes August 21, 1989 '-' "<t1It11If NEW BUSINESS (Continued) Appointment of Planninq/Zoninq Director - Mr. Johnson stated this morning Patricia Wrenn called and requested she be withdrawn as Planning and Zoning Director for personal reasons and he's requesting no action be taken. Grant application for Veterans Park fishinq pier extension - Mr. Johnson stated they have the opportunity to apply for a grant and Jack Corder has prepared the application. He said the cost of the project is $32,250 with $16,125 from the Authority. He recommended they adopt the resolution. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readinq: ; Res. 89-R-60 Ponce De Leon Port Authority Grant Application for Veterans Park fishinq pier extension - City Attorney Alvarez read the resolution. RES. 89-R- 60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE PONCE DE LEON PORT AUTHORITY; ASSURING THAT THE REQUIRED 50 PER CENT MATCHING FUNDS WILL BE AVAILABLE; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; ASSURING THAT FUNDING IS AVAILABLE UPON COMPLETION TO OPERATE THE FACILITY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they adopt 89-R-60. Councilwoman Bennington seconded the motion. Councilwoman Bennington pointed out that page two had the year as 1988. The correction was made. Motion CARRIED 4-0. Second Readinq: None UNFINISHED BUSINESS Land Development & Requlatory Aqency recomendation re: Library parkinq lot expansion - Mr. Johnson stated the LDRA has recommended Council look at vacating A1amanda and then condemn, and if not acceptable, then they agree with the second alternative which was the plan submitted by Dyer, Riddle, Mills & Precourt for additional parking at the Library. He noted that several months ago LDRA had looked at an alternate by the former City Engineer to use the street and share it with the real estate office. He pointed out they can bring the Library into compliance where it is now with either plan but there1s no room even with moving the parking to the vacated street for further expansion of the Library. He said there1s a question about going ahead with the parking or not because it's over $18,000 and the plan shows the retention area should be expanded whether they move it down or if they expand. Councilwoman Bennington stated it will give them 13, which is 5 over the requirement. Mr. Johnson said with the other way they'd have about 12 more spaces than required. He pointed out there's property to the north and there's concern with having access to it. He suggested they might want to table or defer it to give them a chance to look at alternatives and perhaps come up with a mixture of the plans that's more reasonable. Councilwoman Bennington stated it was discussed previously if Alamanda is a street or right of way. She asked if it1s a right of way and not a street, would they have to vacate it, or do they vacate whether it's a street or right of way to use it as a parking lot. City Attorney Alvarez replied it's according to the language of the recorded plat and if it's dedicated to be used as a street or if the language is consistent with the dedication. There was discussion about its being a dead end or street to be used for the public to park. Councilwoman Bennington stated that if they vacate, then half has to go to each owner. City Attorney Alvarez agreed. Councilwoman Bennington asked if they could vacate back of the property owner since he has access on U.S. 1. City Attorney Alvarez rep 1 i ed it's a 1 so on 442. There was discuss i on about the number of parce 1 s there. City Attorney Alvarez stated this was discussed with the president of the Magnuson Corporation and the attorney and he feels this could be included as a joint recommendation, including the corporation, when the City Manager looks at alternatives. Councilwoman Bennington stated that the Library does not meet their parking Codes now but do they as a Council undertake expansion of the parking area to bring it up to Code or is there another vehicle they can use. She asked if they grant a special exception to the Library because it doesn1t meet their Codes. City Attorney Alvarez explained that insufficient parking is sometimes handled with cross parking agreements where the parking is shared by two businesses that have 3 Council Regular Meeting Minutes August 21, 1989 .' 'Wr' ...., UNFINISHED BUSINESS (Continued) Land Develo ment & Re ulator A enc recommendation re: L ibrar arkin lot expansion Continued) different hours and different demands time-wise on parking, but he doesn't know if it applies. He added the special exception wouldn't be applicable here and he doesn't know why it was designed that way. He stated the solution is for the Manager to explore it and come back with additional parking. Mr. Johnson suggested a response could be ready in about 30 days to allow time to look at further ways to handle it or come in with a proposal. Councilwoman Bennington asked if they want to spend $18,000 to $20,000 to add 13 more parking spaces, and going.with the engineer's design, it would bring them up to 40. Mayor Mitchum replied they have to correct the parking problem. Councilman Fish agreed and moved they TABLE this until the Manager has sufficient time to study all the alternatives and bring back a more workable plan. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez stated that there was litigation regarding Lutz versus the City of Edgewater with the bathroom door at Menard Park falling on her foot and they wanted in excess of $5,000 and have now agreed to $2,000. He recommended they accept the settlement because it will cost too much for trial. City Attorney Alvarez stated there was an agreement on May 15th for his services for CIP and there were billable times before May 15th and he hoped Council would have no objection to that. Councilwoman Bennington moved they accept the City Attorney's recommendation and go for the settlement. Councilman Gold seconded the motion. Motion CARRIED 4-0. Councilwoman Bennington moved they concur with the billable times prior to the resolution. Councilman Fish seconded the motion. Motion CARRIED 4-0. City Manaaer - Mr. Johnson stated they're now under the St. Johns River Water Management District water restriction rules which was mandated for Friday, the 19th, at midnight. He pointed out these are more stringent than ours and copies are in City Hall and it's been published in the papers. He cautioned people they're calling the City to help enforce. City Council - Councilwoman Bennington advised Council she may be late for the Workshop/Hearing on Wednesday because of a prior commitment and she has to drive to Lakeland. Councilwoman Bennington stated that anything that comes from any board she'd like the package to include everything they have had in dealing with this particular item along with the minutes, whether they're approved or not, and if someone is appealing a variance she'd like to see the plans the board looked at in order to help them make better decisions, and she so moved. Mr. Johnson stated he'll take care of it. Councilwoman Bennington withdrew her motion. Councilwoman Bennington stated they need to work on the bike path and they were waiting for the City Manager to arrive. She suggested they meet with Magnuson or whatever is needed. City Attorney Alvarez stated he and the previous Manager met with the company president and their attorney and they sent a letter out- lining points for negotiation in exchange for the rights of way for the bike path and the next step was to meet with the LDRA and receive their input and invite the company president. He suggested Council may wish to take another approach or the City Manager may want meet with the company's representatives rather than be bound by decisions or meetings of a prior Manager. Mr. Johnson stated he's reviewing the files but they're trying to put the budget together and he'd have no problem meeting with the LDRA. He added he read the proposals from the property owner but he's not familiar with all the property and needs to meet with a Department Head to discuss it plus he wants to discuss some of the problems with the City Attorney. City Attorney Alvarez again suggested the City Manager meet with the company's representatives for a first hand feeling before they meet with LDRA. 4 Council Regular Meeting Minutes August 21, 1989 .t .- ........ ... COUNCIL/OFFICERS REPORTS (Continued) C;ty Counc;l (Continued) There was discussion about the meeting dates and it was agreed to have it for the first regular meet;ng in September. Councilman Gold asked if they have to take the land down through there for the CIP for drainage and if it should be addressed before the bike path or at the same time. Mayor Mitchum replied it will coincide. Councilwoman Bennington stated the LDRA didn't understand the request regarding the 25 foot planted buffer and she clarified that the motion was to consider in industrial requirements those parcels abutting residential zoning to require a 25 foot planted buffer and grass and retention area not constitute the buffer area. She said she felt it was self-explanatory and they.ve had problems in the past with residential abutting industrial zoning with noise and various things and now in the zoning they require in B-5 a 25 foot planted buffer between that zoning and the residential, and they should require at least that between industrial and residential. She pointed out the definition of buffer is why she suggested it go to LDRA and the Industrial Development Board for them to tell Council what would constitute a buffer other than grass or retention area. Councilman Gold stated he.s had people contact him and ask what the City can do about the rusted, unsightly, weak fire hydrants and they asked him to bring it to the City Manager's attention. Councilman Fish stated it's a pleasure to have a professional in the office of the City Manager and he feels he's doing a whale of a good job. Mayor Mitchum concurred. QUESTIONS FROM PRESS Jennifer Halperin, News Journal, asked about the dates for the public hearings. It was suggested she look at the complete files. Minutes submitted by: Lura Sue Koser ADJOURN Mayor Mitchum suggested a motion to adjourn. Councilwoman Bennington so moved. Councilman Fish seconded the motion. Meeting was adjourned at 7:47 p.m. dt,b~ fg~ -Ah COUN - WOM1\fl - Z /-7 ./:'{"'.--:-:'iJ~c?t ff _ /\L~d ;;//\7 c~~. - ZONE THREE. /' '.:2 ~~#uA Ifl1-- COUNCILMAN - ZONE FOUR I~ p ATTEST: ~" i-,~ ACTING CIT CLERK Approved th i s ..3 0 day of ()-'J~~ -, Al)8-h: ~49QL- 5 Council Regular Meeting Minutes August 21, 1989