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03-07-1983 - Regular v<- ~ r . ,,<j . u u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING MARCH 7, 1 983 MINUTES Mayor Richard McKillop called the regular meeting of Council to order at 7:02 P.M. in the Community Center. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present * Present Present Present City Attorney Jose' Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Present ** Present Present There was a silent invocation and a salute to the flag. ~1ayor McKillop read a proclamation dedicated to the Cystic Fibrosis Bike-A-Thon for the 12th of March, 1983. This was presented to Mr. Perkins on behalf of Jennifer Montgomery and Jerry Remington. PUBLIC HEARING There was a public hearing on the re-zoning request of Old County Road from 1-1 to R-5. *Councilman Ledbetter arrived at the meeting at this time. The City Clerk read a letter from Mrs. Doris Massey, Chairman of the Industrial Development Board, which advised the Industrial Development Board is opposed to this re-zoning. **City Attorney Jose' Alvarez arrived at this time. The City Clerk read a letter from Mr. Dana Armstrong regarding this re-zoning request. Councilman Spencer moved to open the public hearing, Councilman Asting seconded. Motion CARRIED 5-0. Attorney Clay Henderson spoke to the Council as a representative of Mr. Talmadge Stuckey, and Mr. & Mrs. James Hatfield,Danny Hatfiel.d; and Tenhie,Moshe~~ An architect from Orange Park was present. Attorney Henderson stated he felt the letter from the Industrial Deveiopment Board is prejudical to the interests of the applicants. He referred to the agenda of the last Industrial Development Board meeting which did not list this topic as a matter to be discussed, and said he would have appeared at the meeting had he been advised. Attorney Henderson said that Mr. Armstrong's mention of the location of Old County Road is completely irrelevant to the matter tonight as the position of Old County Road has nothing to do with them. Attorney Henderson distributed a blueprint to Council for review. The architect assured them that these plans are the same plans that had been submitted to City Hall. Attorney Henderson stated if this request is not granted, the units would be put in the lb. rear of the lot and the industrial area would be parking. Councilwoman Bennington asked if this would be government subsidized or if HUD was involved with it. The architect replied the only subsidy received is in terms bf the interest rate and it is not public housing. The developer receives a loan at a lower interest rate which allows him to rent the units at a lower rate. The income is in the $9,000. to $18,000. range. Councilman Spencer asked Attorney Henderson about the two plans if it were re-zoned or not re-zoned. Attorney Henderson said this has been done with several developments in the past few years, and parking is allowed in any of the zones, except perhaps agricultural. Attorney Henderson stated the problem is with the Comprehensive Plan and we should not have industrial areas around residential areas. Attorney Henderson advised that he reserved the right to cross-examine any of the witnesses. Mayor McKillop reminded Attorney Henderson that this is a public hearing and these people are not witnesses, they are people of the public coming to speak to their Council, and that he could come back at the end if he wanted to address issues, but a citizen of this community has the right to speak to their Council without cross-examination. Attorney Henderson insisted upon his right to cross-examine any witness that comes before this Council and speaks...There was vocal interruption from the audience at this point. Mayor McKillop stated if an expert witness is brought forward by the citizens, Attorney Henderson will have a right to cross-examine any expert witness. I f a member of the general pub 1 i c comes to ta 1 k to th is Counc il, he wi 11 not have to do so under the fear of cross-examination. u u Don Bennington suggested page 1623, paragraph C, would answer Councilman Spencer's questions on parking. Frank Opal asked if this is a public hearing for the people or a trial in session. He spoke on the location of Old County Road based on the 1961 map. Mel Wargo feels these are just to benefit the developers and contractors and investors and it should all go by the Comprehensive Plan. He asked if a study has been made for traffic on Park Avenue and also about the drainage there. Dana Armstrong stated he owns property on the south side of Cheetah Drive, as does Mr. 2a Sikes, and they were not notified. He displayed a 1927 map of the Town of Edgewater and pointed out the location of Old County Road. He had several exhibits, including copies of plats, a map from Florida Power and Light, and others. The City Clerk read into the record the section regarding title of property reserved to new municipalities. Ann Minton, 202 North Old County Road, expressed concern for the traffic problem on Park Avenue and the problem of drainage there. Donis Massey, Chairman of the Industrial Development Board, said that regarding the Board's agenda, any time they meet they discuss items under new business or miscellaneous if it's pertaining to industry in Edgewater. She feels we need all the industrial land we can get. Mort Mosher spoke on the traffic problem on Park Avenue and paving of the road that isn't even in the right place. Robert Christy, 1916 Evergreen, spoke on Attorney Henderson's comments and said you can add to or change an agenda and suggested Council look into the two roads before making any decisions. Tom Sawyer, a member of the Industrial Development Board, said he feels we need multi- family and industrial areas in the City. He suggested that R-5 zoning be looked into in other areas in the City, but not in industrial. Attorney Clay Henderson stated it's not if the units are going in, but where. He asked Mrs. Mosher, a longtime resident, if she remembers the road being moved and she replied she did not. He stated he has abstracts that have no title defects. Carl Groep1er, 109 Neptune, spoke on harrassment and asked if the people in this area who testified this evening would sign a statement they1d like to live there the next 5 or 10 years. James Hatfield, owner of the property since 1977, said regarding the request to sign the statement for the next five years he doesn't know if he'll live that long and regarding the road, it's been there 35 years and if there's an error, he wants it corrected. Dana Armstrong stated the north end of Old County Road as it now exists is only a little over 11 feet wide and the road they're going to pave over to Mockingbird Lane has an 11 foot right of way. He said Pearl Street going to U.S.1 is only 20 ft. wide because the other 20 ft. was never dedicated to the City. He read a letter dated May 14, 1981, to the Mayor and City Council, Chairman and Members of the Zoning and Planning Board, and All Department Heads, from the then City Attorney Clay Henderson regarding the Comprehensive Plan. He also quoted Section C. Housing, 1981, which reads: "6. Prevent unplanned resi- dential development in areas reserved for industrial and commercial uses." Mort Mosher, Old County Road and Park Avenue, said the first time he drove down Old County Road was in 1940 and at that time it was parallel to the railroad and came out near the Ship restaurant. He wants to know if the road was wrong then or wrong now. Councilman Ledbetter moved to close the Public Hearing. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilman Asting asked if the railroad or the road was there firstand which was encroaching. Councilman Ledbetter replied after Old County Road was moved in its present position, they by-passed around Lot 24 and they started using railroad property for that end of Old County Road to come over to Oak Ridge. Councilman Ledbetter emphasized that Old County Road was not in the place it is today. Attorney Henderson said the FEC had put concrete gates at Old County Road and Cheetah Drive, prohibiting access to north of that point, and after an investigation, it was determined the right-of-way was actually on the easement of the FEC railroad. Attorney Henderson said Old County Road encroaches not only on railroad property but also on these peoples' front yards a little bit. -2- Regular Council Meeting Minutes March 7, 1983 u u There was a five-minute recess called at 8:56 P.M. The meeting returned to order at 9:05 P.M. Attorney Henderson stated his applicants had a proposition to make to Council. Since the City wants to open up this road, Mrs. Mosher and Mr. Hatfield will give to the City that portion of their front yards which is presently being used by the City of Edgewater to gain access from Old County Road to Cheetah Drive, and they hoped that Mr. Armstrong would do likewise as he has 2t feet there. In addition to this, Mr. Stuckey is willing to pave Old County Road from Lot 19 to Cheetah Drive, pave Cheetah Drive to Mockingbird Lane. Mayor McKillop reviewed the widths of the various streets and said that the 30 feet they are proposing would not conform and he felt that we need a 40 foot right of way. Attorney Henderson said they now have 10 feet and they will be donating the 30 feet and paving. Mayor McKillop asked Mr. Armstrong if he would be willing to donate that 2t foot. Mr. Armstrong asked the exact location and then said Mr. Sikes owns that land. Mr. Armstrong said he isn1t opposed to building this kind of building and had said he would be willing to exchange the platted right of way of 1927 for another right of way of equal value to the west. Wilbur Sikes, owner of that property, said if they will concede the 30 feet he will donate enough land to equal that but with the stipulation that this land on North Old County Road, Cheetah Drive, up Canal Road, and Mockingbird Lane be paved and inspected by the City without any expense to any of the property owners. He wants the whole thing paved and not just part of it. Attorney Henderson stated that they would pave to City standards. Wilbur Sikes came forward again and emphasized that all of this should be paved. Mayor McKillop stated that Mr. Sikes has a 2t foot planted buffer on the south side of Cheetah Drive and if they give 30 feet added to the 10 for the 40 foot right of way, that would take care of all but the corner where they'd have a problem with the 2t feet. City Attorney Alvarez asked Attorney Henderson if the 2t foot property is going to be affected by the re-zoning. Attorney Henderson said it is not related to the re-zoning. There was a discussion between the two attorneys regarding the 2t foot being private property, rather than City property. Dana Armstrong said his attorney and his engineer advised him to deed to the City the north 40 of the south 42.52 feet and to plant shrubs. He sold that portion of the west end of the lot to Mr. Sikes which included the 2.5 feet. The 2.52 feet was brought about because the property owner at that time didn't want any right of way to the street. 3b Robert Christy asked to speak to Council but the request was denied. It was determined to keep this with Council and move forward. Councilman Ledbetter moved to TABLE this and set a workshop with the City Attorney so he can advise them of their procedure. Councilwoman Bennington seconded. Councilman Asting felt the matter should be settled legally and the City Attorney should investigate the legal aspects since there appears to be a cloud over the property which needs to be resolved. Motion to TABLE CARRIED 5-0. City Attorney Alvarez stated he would look at his calendar and would advise when a date and time could be set. Mr. Stuckey asked if they could be at the Council workshop and Mayor McKillop advised all meetings are open to the public. Councilman Ledbetter asked that the City Attorney take into consideration all the information given to them tonight, including the plat of 1927. APPROVAL OF MINUTES Councilman Spencer moved to approve the minutes of the Special Meeting of February 16, 1983. Councilman Asting seconded. Motion CARRIED 5-0. Councilwoman Bennington moved to approve the minutes of the Special Meeting of February 21, 1983. Councilman Spencer seconded. Motion CARRIED 5-0. Councilman Asting moved to approve the minutes of the Regular Meeting of February 21,1983. Councilwoman Bennington seconded. Councilman Ledbetter stated for the record that he was absent from this meeting. Motion CARRIED 4-1. Councilman Ledbetter voted NO. -3- Regular Council Meeting Minutes March 7, 1983 u Q BILLS AND ACCOUNTS The City Clerk stated there is a bill from Briley, Wild regarding the construction in progress in Florida Shores. Councilman Spencer moved to take Briley, Wild bills separately from the balance of the bills and accounts. Councilwoman Bennington seconded. There was no roll call on this motion. Councilman Spencer stated he had talked with the Finance Director on these two bills and the first bill for $356.44 was detailed as to what those charges were for, and they generally occurred in December and January relative to change order and also a representative did drive over the paving with Mr. Copeland. Councilman Spencer moved to pay that bill for $356.44. Councilwoman Bennington seconded. Motion CARRIED 5-0. Councilman Spencer stated on the second bill from Briley, Wild for $1,975.02, he feels this is a legitimate bill per the contract and moved to pay that bill. Councilwoman Bennington seconded. Motion CARRIED 5-0. Councilman Ledbetter moved that the Council instruct the City Clerk to furnish the Council with an updated amount of money paid to Briley, Wild on the Florida Shores paving. Council- man Asting seconded the motion. Councilwoman Bennington asked that this be itemized as to just what they paid for. Motion CARRIED 5-0. Councilwoman Bennington moved to pay the regular bills. Councilman Asting seconded. Councilman Ledbetter questioned the payment of $100. to David Hall for machinery and equip- ment. The City Clerk advised it was the sale of a Motorola radio and charger unit. Police Chief Earl Baugh came forward and said it is a one-channel walkie-talkie to be used in emergencies for dispatching in case the power goes out. Councilman Spencer said on page 7 there is an item for $14,350. and he had to inquire as to what it was for and he feels the Council should be informed of this type of expense. This was for the upgrading of the computer equipment and was paid for by Federal Revenue Sharing. He stated he would like the Finance Director to advise Council when such an item is on the accounts. Mayor McKillop questioned Attorney Alvarez's bill. He stated Attorney Alvarez has received $7,148. and this does not include the $1,714. in the bills for this evening. He stated they were only budgeted for $12,000. for the whole year plus the $5,000. for litigation. He wants Council to be aware of the amount that is spent. There was a discussion between the Mayor and Attorney Alvarez regarding the hours spent on the different projects. Councilman Asting wants some of the litigation turned over to insurance. Motion to pay bills CARRIED 5-0. MISCELLANEOUS Councilwoman Bennington moved to have the Miscellaneous at the end due to the late hour. Councilman Ledbetter seconded since the public hearing took so long. Councilman Asting stated several people in the audience want to speak. Councilman Spencer felt we should take care of Council business first. Mayor McKillop said there are several people in the New York Avenue area who are concerned about the drainage problems and they want to talk to Council about it, and we could continue the meeting until tomorrow night. Motion 4a CARRIED 3-2. Councilman Asting and Mayor McKillop voted NO. COUNCIL REPORTS Councilwoman Bennington requested the City Clerk read a letter from 09il Reed which asked that item 10.C. on the agenda, Change in Drive-Through Parking, be moved up to 7.A., Council Reports. Mayor t1cKillop stated these residents are concerned with water run-off. Council- woman Bennington stated this item was put on the agenda at the request of the Mayor. Councilwoman Bennington motioned to move it up, the reason being the Mayor put this item on and keeps bringing it up. She felt it should be under Council reports to begin with. Councilman Ledbetter seconded the motion. Motion CARRIED 4-1.Councilman Asting voted NO. Change in Drive-Through Parking - Mayor McKillop stated he asked for this information because the decision to make the change in parking did not go to the other boards for approval. He wanted to know how a board of this City,and under what authority the Attorney granted that authority. to change the zoning ordinance to require the approval of the five parking spaces. Mayor McKillop referred to the summary of SP-8228, Drive- Through Grocery, prepared by Deborah Winks on February 24, 1983. Mayor McKillop asked City Attorney Alvarez how far they can stretch and go in either direction in granting these variances. City Attorney Alvarez said his answer had nothing to do with the recommend- ations they make and how they make it and how far they can go. That's a separate issue. In this case the question put to mmwas whether or not the Planning Commission had the authority to make the recommendations on the parking. Mayor McKillop asked if the Commission can make the decision on parking or would it have to go to the Board of Adjust- ment for their approval as a variance. City Attorney Alvarez said there is no hardship here and the Commission could require that they have 28 parking spaces. There is no particular hardship here which would entitle them to a variance. -4- Regular Council Meeting Minutes March 7, 1983 (.) u Change in Drive-Through Parking (continued) There was a discussion about the changing of the sign ordinance to accommodate the Winn-Dixie store. Councilwoman Bennington asked Mayor McKillop why he keeps bringing this up and there was a discussion regarding Mr. Murphy'scomments on the requirements and a change to the zoning ordinance, and the fact that the dry cleaning business came to Council to get approval. Councilman Spencer asked if he wants the zoning ordinance changed to include this type of .establishment. Mayor McKillop replied that he wants to know if the Planning Board acted within the scope of their responsibilities in making this change or should it have gone to the Board of Adjustment or another board, or eventually to the City Council under our Zoning ordinance. Councilwoman Bennnington stated that fi.rst the Mayor picked the attorney's bill apart and now he keeps bringing this up and it's been on the agenda 3-4 times and he's received answers from the attorney three or four times telling him the same thing. Mayor McKillop stated that any Council member has the option to put any item on the agenda. Councilman Asting stated he felt any final action by any City board should come to Council for final approval and no City Board should be able to make a final decision. Councilwoman Bennington asked Mr. Asting if he wanted .all site plans brought to Council and he replied yes. Councilman Spencer disagreed with Mr. Asting as we have City boards duties spelled out in the codes. A discussion followed ~egarding the boards. 4b Mayor McKillop read the petition from residents of the New York Avenue area expressing their concern of the surface water problem in their area which they feel will be intensified because of the three new buildings on New York Street and U.S.l. There were 20 signatures on the petition. Arlene Beader, Fernald Street, stated that water now runs down New York and if they put in driveways there, they don't have any drainage for it and she asked who they can sue if they get damage from it. Councilman Spencer stated that later on the agenda is a request from the Building Code Board regarding the water runoff from one property to another property. Robert Fuller spoke on the drainage and the water on the lawns already and wanted to know who okayed the permit on this. Mayor McKillop said there is no drainage shown on the plans for the drive-through. He had been advised by Mr. Wallace that swales would be put in. Don Bennington said if you check the tapes from that meeting, they said they would put in a trench drain if they went with the pavement. Councilman Spencer asked if both projects were reviewed by the Department Heads. Mayor McKillop responded that all projects are reviewed by the City Department Heads. Council- man Spencer felt it's up to Council to look into the people's problems to see they are being handled properly and instruct the Building Official to review the plans and make sure. Mayor McKillop stated the Building Official did review the one for the drive- through, and his comments were that it shouldn't require the same number of spaces as a walk-in building and variance is required. Mayor McKillop said that Mr. Murphy had stated the building complies with the SFB Code and paving is preferable for use and Mr. Murphy had questioned the storm drainage locations and retention areas. Councilman Asting moved that the City Attorney be directed to prepare an ordinance requiring all City Boards submit their findings and recommendations concerning City business to the City Council for final approval. Motion DIED for lack of second. Councilman Spencer moved that the City Council instruct the Building Official to review these plans for those new buildings on New York Avenue and see that the drains are complied with and report to Council. Councilwoman Bennington seconded. Don Bennington came forward and referred to page 1635 of the Code Book on site plans. Frank Opal spoke on the retention ponds on the north and south end of the property and said he was told they have retention ponds there. There is a drain in front of the Harris property and in front of the laundromat but there is no drain there. Water flows east- wardly so the property on New York will get it instead of U.S. 1. -5- Regular Council Meeting Minutes March 7, 1983 . <..; u Change in Drive-Through Parking (continued) Mel Wargo referred to his position as a homeowner in Wildwood and taking the City Official's word for something. Motion to instruct the Building Official to review these plans CARRIED 5-0. Councilman Asting moved to adjourn. Councilman Ledbetter seconded the motion. Motion CARRIED 4-1. Mayor McKillop voted NO. Meeting adjourned at 10:58 P.M. Minutes submitted by: Lura Sue Koser ~~ If-' COUNCILMAN - ZONE ONE ,~"~ COUNCIt. N "- ZONE TWO ~~~'t-~ k,~ COUN - 0 THR ( I ~ 7J-DJ I ~ CO ATTEST: ~r~, . 1...-..' CITY _CLER . ,Approved this r:2/ day of - ~~ ' 1983. ~~~ -6- Regular Council Meeting Minutes March 7, 1983