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03-23-2015 - Workshop City of Edgewater 104 N. terL Drive Edgewater, ,FFL 32132 -,DGEWATER Meeting Minutes City Council Michael Ignasiak,Mayor Christine Power,District 1 Gigi Bennington,District 2 Dan Blazi,District 3 Gary T. Conroy,District 4 Monday,March 23,2015 1:00 PM Council Chambers Workshop 1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION Present: 5- Mayor Mike Ignasiak,Councilwoman Christine Power,Councilwoman Gigi Bennington, Councilman Dan Blazi,and Councilman Gary T.Conroy Excused: 2- City Manager Tracey Barlow,and City Attorney Aaron Wolfe Also Present: 3- City Clerk Bonnie Wenzel,Jeff Lariscy,and Darren Lear 2. The City Council Business Workshop for current and prospective businesses regarding the permitting process and regulatory codes. Mayor Ignasiak welcomed everyone to the workshop; provided a brief overview of the history, purpose, and desired outcome of the workshop; discussed City ordinance development and the approval process being the responsibility of the City Council, not City staff; and stated that the Council is very interested in the business community's problems, issues and ideas, because the Edgewater City Council is a "Pro-Business"Council. Darren Lear, Development Services Director introduced Jeff Lariscy, Code Enforcement Supervisor, and Steve Cousins, Fire Chief and provided a staff report on the development of the City of Edgewater's Article XX, The Ridgewood Avenue Corridor Overlay and Design Standards, which came about from the previous Council, who adopted it to address concerns that were brought up by the Community and Council members. During his report he presented slides with photos of previous and current building designs and signage along the Ridgewood Avenue corridor; discussed the City's desire to set a little higher aesthetic standard along Edgewater's business corridor; reviewed types of signs used in other municipalities and in Edgewater; sign spinners in the right of way; and storing items in front of business buildings. He stated that Article XX (Ridgewood Avenue Corridor Design Regulations) was adopted by City Council in June 2011 to ensure high quality private development in the Ridgewood Avenue Corridor, and to forward the vision of City Council and the citizens that was adopted in 2008; and read the City's Vision Statement. City of Edgewater Page I Printed on 412212015 City Council Meeting Minutes March 23,2015 Mr. Lear discussed the two major components of these regulations as; landscape, buffer and related site development treatments, especially for areas immediately adjacent to the road, and building design standards for new and redeveloped structures, including signage; and stated that in December 2011, a request was made to the City Council to eliminate Article XX, which was declined in an effort to keep following the adopted vision. He also discussed the importance of Article XX, Section 21-650— Signs; reviewed slides on successes; previous adjustments to Section 21-650; and the vacancy rate along the Ridgewood Avenue, stating that presently there are 278 occupied businesses and 57 vacant on Ridgewood Avenue,for a total vacancy rate of only 21%. He discussed the next steps the City is looking to do as; possible LDC amendments to provide signage for the rear of buildings on out parcels; a possible CRA grant program to provide matching grants to business owners to bring signage into conformance; and Electronic and IVR permitting. Edgewater Building Official Wayne Thorne provided an update of changes in Edgewater's building department since August 2014, to include the IVR permitting process. Mayor Ignasiak opened the meeting to public comment. Susan Bradley, President of the New Smyrna Beach Board of Realtors, discussed previously working with the City of Edgewater to refine their current Ordinance; stated they took Edgewater's ordinance to New Smyrna Beach (NSB), and that the NSB Council is doing the second reading on the changes to their sign ordinance tonight; discussed the tenants of Edgewater's ordinance; and stated the NSB Board of Realtors is still in support of Edgewater's current ordinance. Robert Clinton, 4210 Liza Clinton Road, discussed his open house signs being picked up by Code Enforcement; various reasons given for signs being removed, and discussed the effect of unsold homes. Sue Perry, Coronado Real Estate, stated that she is concerned with the pole sign ordinance; which she feels is a practice of discrimination; discussed the sale of a business and the having to lower signs within five (5) years; the difference in fees and costs between the property owner and an individual who rents the property for their business; the business owner not being able to make lettering changes to the existing sign; and suggested the City sharing the costs with the property owner to replace the signs that are now prohibited by City ordinance. Chuck Bryson, 121 West Marion Avenue, discussed the sign spinner portion of the Ordinance; business customer base increasing due to sign spinners; his revenue from being a sign spinner going back into the Edgewater economy; and suggested implementing a sign spinner fee or permitting process. James Lindsey, Edgewater Fitness Club, discussed his business not being as well known because it is on the back section of the plaza; the sign ordinance not allowing signs that are distracting; and signs needing to be noticeable. City of Edgewater Page 2 Printed on 412212015 City Council Meeting Minutes March 23,2015 The Council and staff discussed property owner responsibilities; plaza owners being allowed to have two (2) monument signs; benefits to having a Community Redevelopment Area (CRA); and tenants discussing their needs with the plaza owner as a group; and possibly using CRA funds to help business owners pay for changing their signs. Economic Development Coordinator Samantha Bishop discussed Edgewater's CRA, and CRA Statute limitations only allowing CRA revenue expenditures on items that are in the approved CRA plan. Bob Andrejkovics, 331 Admiralty Court, President, Edgewater Lakes Home Owners Association (HOA), stated that he is in support of the City's Vision statement and signage along US 1; he finds Edgewater to be a very pleasant place to live; applauds the City for going forward with the Vision; he emphasizes with business owners who have to deal with some of the changes; and that he supports the idea of a possible joint venture with the City to help alleviate some of the costs to business owners to make the required sign compliance changes; overall everyone benefits; he does not want to see the City taking steps backwards; he encourages every business owner to be successful; and stated that the Council is doing a good job and that he supports what they are doing. Skip Roberts, 2803 35th Street, Southern Structures, suggested a sign be installed at Parktowne Industrial Park to show what businesses are in the park; and that he feels the building department is miserable to come to and get a permit. The Council and Mr. Roberts discussed the current Edgewater permitting process and problems he is having with permitting; possible changes to the process; and trying to make the permitting process more user friendly. Marcia Barnett, Barnett Real Estate, discussed new home construction; new homes being a long time coming to Edgewater; D.R. Horton finally started building in Edgewater Lakes, but that they are so unhappy with the permitting process that they were ready to move out; she has talked to other builders and they would not come to the workshop, and said they were not going to come and complain because they felt it would then be worse than it already is; and that the permitting process has come a long way, but the City still has a long way to go to welcome people in to the community. She stated that it is not just about the process, that getting the permitting process paired down is a good thing, but it is about feeling welcome; feeling like the City wants them here, with a "how can I help you" attitude instead of "no, sorry, go away"; and that is what the builders are saying, which is their reality that they pass on to other developers and builders. Jeff Berner, Professional Physical Therapy and Associates, stated that he built his business in 2012 into 2013; that as a first time builder he had an excellent experience with the building department; discussed the positive effect of building relationships with City staff; City staff members like Darren Lear being willing to sit down to discuss and educate him on the permitting process; and staff quickly getting situations resolved. Michael Galietti, 1871 Kumquat Drive, stated that he just opened a new business, Moto Magnifico; discussed his business location on Old County Road in a fairly new building; the City allowing signs on Park Avenue; he had a signage permit problem requiring a $25 permit to put vinyl stickers on his window, which he feels is a little bizarre; for his grand opening he put a sign out with a couple City of Edgewater Page 3 Printed on 412212015 City Council Meeting Minutes March 23,2015 balloons on Park Avenue to direct people to the grand opening and Code Enforcement said he had to take the balloons off; feels the City should allow balloons, but with a time limit; the need to have something to draw peoples attention to the sign; starting the business was a very learning experience with having to deal with the City, County, and State, and feels there should be some type of guidance on the order to proceed; discussed the positive impact of local businesses on Edgewater; and the City doing whatever changes they can to the sign ordinance to help businesses. The Council and Mr. Galietti discussed what handouts were provided to him by the City when he first approached them about starting a new business, and the need for an informational guide for what steps needs to be done, and in what order. Baldev Patel, 931 S. Ridgewood Avenue, discussed a pole sign at his business; the need for it to come down and to make it smaller; the confusion with the building permit department with whether or not there was a need for a permit to change numbers on the sign pole; and where numbers were allowed to be placed on an existing pole sign. The Council and staff discussed the five(5)year grace period process for existing pole signs. Elliott Hagood, 2025 Orange Tree Drive, discussed his belief that the Edgewater signage issue came to fruition during the last recession; the hundreds, if not thousands of garage sale signs that were out in Edgewater; derelict real estate signs; the City not providing the same level of service as before; and that real estate signs should not be treated any differently than political signs. Skip Roberts, 2803 35th Street, Southern Structures asked if some of the older, historical type of signs would be required to be taken down, and staff explained the variance request process that is available to property owners. Sue Perry, Coronado Real Estate, asked for clarity on the availability of the five (5) year grace period after December 2015, and staff replied that opportunity for the five (5) year variance when a sign is modified is not an available option available after December 2015. Skip Roberts, 2803 35th Street, Southern Structures discussed open house signs; campaign signs; commercial property; and signs in the right of way. Bob Andrejkovics, 331 Admiralty Court, President, Edgewater Lakes Home Owners Association (HOA), discussed a home on Ridgewood Avenue south of Arthur Avenue and a totem pole village business that is shanty town style home. They have a NAPA Auto sign in their yard; and laundry, clothes lines, and debris in the front of their house. The house is located in unincorporated Volusia County; however, since cleaning up Ridgewood Avenue is a priority for Edgewater, he asked the City to do whatever they can to help get the property owners to clean up. Milly Hoffman, 1517S. Ridgewood Avenue, Strokers, Billiards & Grille, gave accolades to Mr. Lariscy for helping her new business with coming into compliance with City ordinances; stated that she is in a quandary because the business is now so blended in that it blends in instead of attracting customers; she put up a banner to attract attention to an event they were having and Code had them take it down; and that she is looking for a balance with business needs and City ordinances. City of Edgewater Page 4 Printed on 412212015 City Council Meeting Minutes March 23,2015 The Council, staff, and Mrs. Hoffman discussed banner requirements; communication; permit requirements; keeping the process simple; options for putting out signs; being successful in business; various Code Enforcement officer scenarios; possible grace periods; banners being allowed on the buildings; working with property owners; the permitting process being available on the City's webpage; automation being beneficial to businesses; improving communication with the community and businesses; and keeping dollars in Edgewater. Councilman Conroy and staff discussed the five (S) year promise to engage into a contractual obligation when the landowner has a new tenant; the requirement being very costly; some landowners not being able to afford to bring their sign into compliance in five (S) years; avenues for relief to the requirement are, the property owner removing the sign completely, or the City can pay for the sign to be lowered and brought into compliance, and then the property owner would have to pay the City back; a new property owner not having to lower a sign if it is not modified; and signs that are modified or need major maintenance are required to come into compliance. He discussed the building department not providing helpful guidance on how to apply for a permit when he came in to get one; as a citizen, not feeling welcome in the building department; the brochure on Ridgewood Avenue Design Regulations stating that "garish or gaudy colors are prohibited"; and colors in violation being open to interpretation. Councilman Conroy and staff discussed the fact that a lot of things in the land development code are open to interpretation; the need for the City to be a little more understanding during special events like Bike Week by giving businesses a little more latitude; special activity permits; changes being made at Dunkin Donuts and Code Enforcement's proactive process of going out to help businesses; businesses, like Moto Magnifico, being allowed to put signs on residential property but the request for approval having to come before the Council; open house signs and what mileage radius would be acceptable to accommodate realtors; complaints and the code enforcement process; the complaint records keeping process for the City when it involves unincorporated Volusia County; yard sale signs; the City being proactive and not projecting that they are doing selective enforcement, but not being overly aggressive; education versus being cited; footage of an area sign being determined by the linear frontage of a building; Florida Shores plaza wanting to make changes to their sign, their feeling that the process is just too difficult, and the property owner not wanting sign the five (S) year compliance contract with the City; sign slingers and commercial mascots; and the possibility of holding another workshop in the evening for those that cannot attend a daytime meeting. Councilman Blazi discussed looking into the possibility of using CRA funds to meet businesses in the middle and assist them with their signage needs; perhaps modifying the open house sign portion of the ordinance to take out the radius verbiage and just limit the number of signs that are allowed for an open house, thus allowing the realtor to determine where the signs are needed; removing the prohibition of putting open house signs on commercial property; stated that he is against sign slingers, and that would be his stance if it ever came up for a vote; discussed a possible moratorium on banners for a specified time period during special events like Bike Week and Biketoberfest; the City needing to be proactive with communication; looking at the spirit of the law as opposed to the letter of the law, and a business owner making an honest effort to come into compliance; looking at the policy of interpreting changes in lettering of a sign as being a modification to the sign; the City being facilitators rather than being punitive; and stated that he is an advocate of Code Enforcement being proactive rather than reactive. City of Edgewater Page 5 Printed on 412212015 City Council Meeting Minutes March 23,2015 Councilwoman Bennington discussed being a part of the Council that approved the current City vision and sign ordinance, and not having too many problems with the ordinance; stated that Code Enforcement officers have been thanked for keeping the area clean and not littered, 90% more than they get complaints; people who get yard sale signs understand the need for a permit once it is explained to them, and a lot of the confusion just being a matter of education; bad business decision making on some locations, business owners needing to take responsibility for their decisions, and the City not bending the rules; she does have a problem with the part of the ordinance that addresses pole signs; concurred with Councilman Conroy that maybe the Council should hold another meeting in the evening to obtain more information before making changes to the ordinance; agreed with Councilman Blazi about sign spinners; she feels the practice is dangerous; and that the City needs to look at their liability concerns with sign spinners. Councilwoman Power thanked Code Enforcement for being so proactive about staying on top of things and keeping the City looking half way decent; there will always be some issues in code enforcement; there being instructions on the website so complaints can be submitted anonymously; signs and some business access being off of Route 1, and seeing if the City can't do something to help them out; the City not being able to force land owners to help the businesses out, and the City seeing if there is any way they can support the businesses; banners and the City looking at putting some easy to use instructions for banners on the website to assist businesses, and the importance of having a friendly environment when people come in for a permit; and stated that sign spinning is a distraction, and she does not think it was a good edition to the City to have them. Mayor Ignasiak stated that he liked the idea of having a second meeting in the evening for those business owners who might not have had the opportunity to attend the workshop. After discussion, the Council concurred for the City Manager to schedule another Business Workshop for current and prospective businesses regarding the permitting process and regulatory codes, in the evening during the work week. Mayor Ignasiak stated that it was nice to see the realtors on board with the ordinance; it was nice to see that they could come to some form of a resolution that they were happy enough with that they could take it up to the next City to try and do something with it; the argument between business and the need for aesthetics and the need to clean up the US 1 corridor, which he is strongly in support of; he is not in favor of sign spinners; sign violation problems during previous bike week events and Code Enforcement being right on the spot before any children could see the signs; he likes the comments about a signage moratorium during certain events and maybe taking the wraps off Code Enforcement during those periods, with certain limits, and the idea feeding into and supporting the business community; stated that he has heard the same comments about the building department and the permitting process, and that the City has had these same problems since the City has been here; however, in the building department's defense, they do have a limited staff; as the City continues to grow the building department definitely will need to be expanded; of course, it is a cultural issue; the need for a one-stop shop in the building department, and the City having an educational opportunity to go ahead and address the problem; and that bigger businesses have deeper pockets and can afford to do more than a smaller business; the bigger businesses can advertise on radio, television, newspapers, etc.; the same thing in Edgewater is the local businesses are competing, but they have City of Edgewater Page 6 Printed on 412212015 City Council Meeting Minutes March 23,2015 limited resources to advertise; all of the City ordinances and restrictions are not aimed at the big companies, but at the smaller businesses and trying to control them, and the City needing to find a happy medium; he stated that he is not against tweaking the City's ordinances to help local businesses, within reason; recognizing the advertising playing field in relation to big and small businesses is uneven, and local government needing to step up and help businesses by doing things to even that playing field. He stated he heard a lot of great ideas, e.g. the City exploring the opportunity with the CRA funding idea, within limits; encouraged each Council member to have a conversation with the City Manager; and that the intent is to bring everything together after the second meeting to see what the City can do to help local businesses. 3. ADJOURN There being no further business to discuss, the meeting adjourned at 3:2 7p.m. Minutes Submitted by: Mitch Honaker Deputy City Clerk City of Edgewater Page 7 Printed on 412212015