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09-09-2002 - Regular u u . J .. " CITY COUNCIL OF EDGEWATER REGUI..AR MEE TING SEPTEMBER 9, 2002 IMMEDIATELY FOLLOWING SPECIAL MEETING COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 8:50 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Legal Assistant Robin Matusick Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recoqnition of appointed/reappointed Board and Committee members Mayor Schmidt informed the Council that Councilman Vincenzi would be leaving us. Myron Hammond will be taking his seat. He informed Mr. Hammond that they look forward to having him up there with them. CITIZEN COMMENTS Dominic Capria, 606 Topside Circle, reminded everybody that tomorrow is the Primary Election and to go out and vote. He wanted to spread the word they have new registration cards and a lot of the polling districts have changed. u ~ Doris Hill, 112 Lincoln Road, stated she wanted to speak about Item 6B with regard to the closing of Boston Road and Item 9A regarding the City Hall Site Selection. Ms. Hill stated she believes the two ordinances that were passed on the noise ordinance and the special activities permits are really null and void because they were illegally passed under State Statutes and under our own Comprehensive Plan. Those changes carne under Article 21 Section 21-94.02 where it says all modifications or text amendments to Chapter 21 shall be consistent with the provisions of the Comprehensive Plan. Then it gives the procedures, which she listed. She stated in this case this never went before the Planning and Zoning Board. This is according to the Florida State Statutes and our own Codes. Ms. Hill stated since it has been passed they really never had a fair hearing. It never went to the Planning and Zoning Board. If it had, they would have had a hearing and given their recommendations to Council. Instead the Council didn't want any of that. She feels that wasn't fair to the people of this City. She has consulted with an Attorney and she has been advised that in fact that the laws have been violated. She told Council tonight they have two subjects on the agenda relating to the No Name Saloon, one directly and one indirectly. She is opposed to closing off part of Boston Road. If they intend to park cars on the road because they don't have enough parking space, she would really be opposed to it. Ms. Hill then went on to speak about the City Hall Site Selection. The Siting Committee's first choice was the McAllister property on u.S. #1. Councilwoman Rhodes informed her we can't buy that. Ms. Hill stated when this carne before Council that wasn't encumbered in any way. There were two hearings where 90% of the citizens were in favor of that site. She stated she was here the night the Council talked about it and she heard one Councilperson say that she would like to see the site on u.S. #1 but further south because of the No Name Saloon. She heard another Councilperson say that he would not vote for a u.S. #1 site for any reason because of the No Name Saloon. The problems with the No Name Saloon could have been resolved but they weren't. She feels up to that point, the Council had done a pretty good job. But on this job, she suspects they were misinformed. They did not listen to the people because a majority of the people did not want the Council to go the way they went. Page -2- Council Regular Meeting September 9, 2002 u Q Andy Anderson, Pine Tree Drive, stated he understands the City has invested in the stock market. City Manager Hooper stated what we have invested with is a mutual fund company called Principal that has invested some of the retirement funds. They are in a mutual fund and part of those have been invested off and on with the stock market. The City doesn't invest its funds in it. That is the retirement funds done by a private company. Mr. Anderson stated if you were to borrow money from a bank and they wanted to know what you are doing with the money and you said you are going into a fund or stocks they would deny you the loan. His recommendation would have been AAA warranted bonds, government backed that last year were paying between 7 ~% and 8%. Mr. Anderson stated the Leadership held some hearings around the City about where to put the new City Hall. He attended a couple of those hearings and from what he saw the vote by hand was between 95% to 100% for the McAllister property on u.s. #1. He noticed in the paper. the City is looking at somewhere else now. He feels the people have spoken and this is what they want and he doesn't know why they are looking somewhere else. Mr. Anderson stated when they call various City agencies they are told on the phone they are on lunch break or not available right now but will get back to you. By the time they get back he's not home so they are calling him and he is calling them back and he gets the same message. with the messages back and forth he never gets to talk to anybody. Lots of times most of the issues don't get resolved because they don't talk to anybody. He would like to see something done about that. Mr. Anderson then spoke about being stopped at the railroad crossing on SR 442 and there was a train going by very slow. There were 141 cars with three diesels pulling it. It took about 40 minutes to go by that intersection. He feels this should be looked at. Mike Visconti, 316 Pine Breeze Drive, stated he would like to know about the new City Hall site. He works on u.s. #1 and two weeks ago a sign was put up from Prudential Realtor Company on McAllister's property. That makes him believe that something has happened to that property or that somebody might be interested in it. He spoke about the citizens wanting the McAllister property. He spoke of Edgewater having no center of town. He feels it is a shame they didn't consider the McAllister property when the opportunity was there. Page -3- Council Regular Meeting September 9, 2002 o u Mayor Schmidt stated that land is under contract right now. City Manager Hooper stated that is what they will talk about under Item 9. CITY COUNCIL REPORTS Councilwoman Lichter spoke about there being twelve children in the three homes on Wilkinson Ave. Amy Vaughn told her she never realized what a cross street that was. The Police Dept. have put up two signs that say Caution - Children at Play. It is a cut over from u.S. #1 and Park Avenue. She thinks part of the problem is that there is no turn arrow on the stop light on Park Avenue and u.S. #1. She feels there should be a left-hand turn lane. She feels it is a street that is well traveled. She also spoke of large trucks using this street. She has spoken to Mr. Wadsworth who is going to think about possibilities. Councilwoman Lichter then spoke about the Water Alliance getting the other cities together in our County. Out of 16 cities there are 15 cities that have said they will come into the Transition Team and be part of forming the new entity which will give every City in Volusia County a vote. She then mentioned a letter in the Observer written by Joe Stitch. She feels the cities working together is vital. The County Council wrote the Water Alliance a letter that the County wants to expand their conservation program and they are looking for help from the Water Alliance. Councilwoman Rhodes had nothing at this time. Councilman Brown informed the Council there will be a service at the cemetery at 12:00 for 9/11. Councilman Vincenzi asked what is going on with DBCC and the city limit sign. City Manager Hooper stated they have approached DBCC and the City of New Smyrna and they are working on getting signs. It hasn't gone up yet. The college is going to offer to put signs on their property and he thinks that will be done in the next two weeks. Councilman Vincenzi asked City Manager Hooper if he has looked into the stop signs by 26th Street. City Manager Hooper stated they have gone out and looked at the number of cars coming in and he thinks the Police Chief's report back was that it didn't warrant a change. Page -4- Council Regular Meeting September 9, 2002 Q Q Police Chief Ignasiak spoke of having a periodic problem. He stated what is causing that is all of the other streets have been shut off. You only have three or four avenues that are exiting out onto SR 442. They are putting officers in the neighborhoods. In some cases they are issuing citations for running stop signs, rolling through stop signs and speeding. They are dealing with each location as it comes up. This problem will continue until all the streets are finally open and everyone returns to a normal flow path. Councilman Vincenzi mentioned putting rumble strips in. City Manager Hooper agreed to look at that. Councilman Brown asked about Chief Ignasiak doing a study on Wilkinson Avenue. Chief Ignasiak stated that road is heavily used. It is a legal access road. People who are traveling south on u.s. #1 if they want to make a left on to Park Avenue they have to wait at the light. The light does not allow them to load into a separate lane and make a turn which happens in most busy intersections. They will stop a block ahead and there is a lane there they can load off the side out of main traffic and make a left hand turn and follow it right around and it is perfectly legal. The speed limit posted is 15 m.p.h. and they have warning signs up for children. It is an area where they have to exercise caution. They have not identified a speeding problem, they have identified a volume problem going on that road. Councilwoman Lichter suggested asking DOT to get a turn signal there. City Manager Hooper stated what they will corne back and describe is turning movements, the number of turns and they would do the same thing they have talked about on other signals and warrant studies. He agreed to ask. Councilman Brown suggested putting in a speed bump or rumble strips. Chief Ignasiak stated you could put rumble strips there but they aren't going to change the situation. You aren't finding vehicles going through fast. Mayor Schmidt suggested they check with DOT first. Councilwoman Rhodes suggested closing that street off. City Manager Hooper agreed to look at this to determine if this is a good or bad idea. Page -5- Council Regular Meeting September 9, 2002 u (.) Mayor Schmidt asked about lake lily pad. Mr. Wadsworth stated they are starting on it. Some of the chemicals they need to use are backordered. They have some small spray units but until October 1st they won't be able to get a decent size one that will make an impact. When they do start it they will have to do a little at a time because if they do a major kill it will take all the oxygen out of the water and when that stuff falls you will have a major fish kill. It will be a slow process to get rid of all the weeds in that lake. They have started but they won't make a dent in it for quite a while. They are shooting for a goal of next Spring. Mayor Schmidt asked why it is only that lake. explained there are a lot of canals that are Schmidt asked if they have to put an aerator Manager Hooper stated that probably wouldn't Mr. Wadsworth the same way. Mayor in that lake. City help that problem. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Res. No. 2002-R-22, Joseph and Cvnthia Cvach requestinq vacation/abandonment of an unopened/unimproved easement and riqht-of-wav for a total of 30 feet in width located between two parcels owned bv applicant, known as Coquina Drive, west of Bradford Road City Manager Hooper made a staff presentation. Legal Assistant Matusick read Res. 2002-R-22 into the record. Mayor Schmidt opened the public hearing. Joe Cvach, 1600 Bradford Road, informed Council they recently purchased the empty lot to the north. The easement has never been used and will never be used. When they moved in, it was used as a public dump. He is planning on fencing this property off if he is granted this abandonment. Mayor Schmidt closed the public hearing. Councilwoman Rhodes informed Council Mr. Cvach called her a while back and she went out and looked at the property. She commented on the debris out there. She suggested to him at the time that he apply for this abandonment so the City does not have to take care of this property. Councilwoman Lichter stated she had no problem accepting Planning and Zoning's recommendation. Page -6- Council Regular Meeting September 9, 2002 o Q Councilwoman Lichter moved to approve Res. 2002-R-22, second by Councilwoman Rhodes. The motion CARRIED 5-0. B. Public Hearinq, Tanva Girvan, owner of No Name Saloon, requestinq a Special Activitv permit for Biketoberfest, October 11, 2002 throuqh October 20, 2002, as well as closinq Boston Road from 106 Boston Road to US 1 October 17-19, 2002, from 4 p.m. to midniqht City Manager Hooper made a staff presentation. There was a discussion regarding the closing of Boston Road and no parking being allowed in the street. Councilwoman Lichter questioned this being monitored. City Manager Hooper explained it will be monitored and a barricade will be put up. Councilman Brown asked about lighting if Boston Road is closed. Tanya Girvan, 3109 Travelers Palm Drive, stated they right now, even thought the lot on Boston Road isn't theirs, they pay Florida Power & Light for a street light there. They also pay for a light on U.S. #1 that lights up a large area. They aren't only closing it off just for people to walk across. They want to do this so motorcycles won't go to Riverside Drive and bother the people that live on Riverside Drive. Councilman Brown asked if they would be blocking this off to cars and just motorcycles will be allowed to use it. Ms. Girvan stated cars use the parking lot across the street. There will be no cars parked on the street. Councilman Brown expressed concern with it being extremely loud when all the motorcycles leave when the bar closes. City Manager Hooper stated he and Chief Ignasiak have spoken of a lot more patrol for noise of bikes on other arterials this year. There will be a lot more enforcement of those with pipes and being able to make excessive noise than they have in the past. City Manager Hooper further commented on his strong support for closing Boston Road to keep the bikes away from residential. Councilman Vincenzi asked if the people in the area have been notified and if they had any concerns. City Manager Hooper stated the advertisement went out to everyone within 500 feet. Page -7- Council Regular Meeting September 9, 2002 Q o Mayor Schmidt stated it is easy to say no bikes will go down Boston Road when it is closed off and hit Riverside Drive. She asked if someone will be put down there. Ms. Girvan informed him they always do and always have security in the parking lot for safety reasons. She can't promise that people aren't going to go down to the light at Falcon Avenue and go down that road and drive by Mr. Anderson or Ms. Hill's house. Councilwoman Lichter asked if anything has been done about the sound stage. The alley behind that going to Cameron's was where the noise was the loudest. Ms. Girvan stated they didn't do anything. All they did was abide by the City's decibel readings. They had somebody come out twice a day to take a reading and they were not over those. Councilwoman Rhodes stated she did tell them she was going to do that. Ms. Girvan stated she did and she was told to stop and hold off on everything until the ordinance stuff was going also. She could put an egg crate barrier if Council would like her to do that. Councilwoman Lichter stated she heard the noise the most at the end of the alley next to Boston Road. Ms. Girvan again agreed to put up an egg crate barrier. Councilman Vincenzi stated after the last round of problems, they were supposed to do surveying and other things like that to bring their property into compliance. City Manager Hooper explained Ms. Girvan and her dad had applied to add an additional bar area, additional impervious, and to expand that site meant it had to come into compliance. It is a non-conforming site today because it extends into the right-of-way and doesn't have the property setbacks. Since that time, the owners have withdrawn that request and haven't added anything. City Manager Hooper stated he has spoken to them about the parking which is still a safety issue with regard to parking outside and parking along u.S. #1. Since then he hasn't seen any vehicle parking. He has seen a few bikes there but along those lines they have made efforts and there are cones and signs that say no parking. Mayor Schmidt opened the public hearing. Page -8- Council Regular Meeting September 9, 2002 u u Doris Hill, 112 Lincoln Road, asked city Manager Hooper how many parking places must they have to be in compliance. With a special activity permit, there is not a specific number. He asked city Manager Hooper what the restaurant would require beyond that. Chief Planner Darren Lear stated he would have to check on the number of seats and tables they have. Ms. Hill then asked if they still have permission to use the McAllister property for parking. City Manager Hooper informed her yes. Ferd Heeb, 115 N. Riverside Drive, feels that the citizens of Edgewater don't want this to be an event city. What they have is a number of businesses that are springing up saying they want to make Edgewater an event city and they want to attract this kind of a tourist attraction or trade. He doesn't know what the answer is. Ms. Girvan's arguments are compelling and the arguments on the other side of the fence are compelling. He expressed concern with the closing of Boston Road. What that tells him is the City is subsidizing a special event by allowing that entity to use public property. In addition they are subsidizing this event by increasing the number of police officers, patrols and traffic control to accommodate the events of this particular enterprise. He disagrees with closing Boston Road so they can have the use of that road for their event. He likes the idea of keeping bikes off Riverside Drive but there is no way they are going to keep the noise of bikes off Riverside Drive. He then commented on hearing the traffic on Ridgewood Avenue. He feels the Council is exacerbating the problem because there are going to be thousands of motorcycles going up and down u.s. #1 and the reason is because this Council is allowing this City to become a special event destination. He is opposed to it. Councilwoman Rhodes stated Boston Road is not being closed so Ms. Girvan can use it. It is being closed to keep the people that are going to Ms. Girvan's place off of Boston Road. Mr. Heeb has an issue with closing Boston Road because they shouldn't be parking on Boston Road and they shouldn't be creating those problems because closing it is to allow access from the parking lot to the establishment across Boston Road. Ms. Girvan stated you will be able to get on Boston Road from U.S.#l. You will not be able to go beyond 106 Boston Road. Councilwoman Rhodes stated you will be able to go on Boston Road but you won't be able to go any further on Boston Road than her property. Page -9- Council Regular Meeting September 9, 2002 o o Mr. Heeb stated so that is not giving her access to that property. Councilwoman Rhodes stated she already has access. She owns it. What she doesn't own, she has permission to have people park there. Mr. Heeb stated the arguments are compelling but he is opposed to it and he is opposed to the increase in special events in this community. Councilwoman Rhodes stated she thinks closing Boston Road is the best thing to do for the public. Councilwoman Lichter asked if they to monitor the end of Boston Road. her no, we are not. Ms. Girvan is the normal patrol that we have out they do anyway. are paying for extra policemen City Manager Hooper informed paying for an officer and on they will go by that area like Mike Visconti, 316 Pine Breeze Drive, asked the No Name Saloon to beautify and landscape the front of their property. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve the Special Activities Permit for the No Name Saloon for Biketoberfest activities from October 11, 2002 through October 20, 2002 as well as the closing of Boston Road from 106 Boston Road to u.S. #1 October 17-19, 2002 from 4 p.m. to midnight, second by Councilwoman Lichter. The motion CARRIED 5-0. Councilwoman Rhodes agreed with Mr. Visconti regarding the beautification of No Name Saloon. C. Public Hearino, an appeal of the Technical Review Committee (TRC) denial of the proposed site plan for the expansion of Coastal Tire, located at 1701 S. Ridoewood Avenue City Manager Hooper made a staff presentation. Staff recommends denial of the driveway application because of a public safety issue. Staff also recommends denial of the sign. Ron Carwile, 1701 S. Ridgewood Avenue, went over additional information that was included in the Council's packet with regard to the driveway. City Manager Hooper went over what he feels is a safety issue per the request of Mr. Carwile. He commented on there being a traffic problem created by the driveway. Page -10- Council Regular Meeting September 9, 2002 u o Mr. Carwile referenced a letter from DOT regarding how much they appreciate this driveway being talked about being moved and the location where they want to move it. Once the traffic is on his property it is his responsibility unless the City wants to give him a hold harmless and assume the responsibility of traffic on his property. Mr. Carwile passed out the letter to the Council from the Department of Transportation. Councilwoman Lichter feels eliminating the end driveway in the north part is excellent. The letter only addresses the fact that the state thinks that was a good idea with regard to the two driveways that are left. Councilwoman Lichter made mention of all the arrows within the property being a potential safety hazard because they are coming and going. She asked if in any way that is the City's responsibility if something happens. City Manager Hooper elaborated on what occurs. Councilwoman Lichter questioned the reason for not doing one way in and one way out. Mr. Carwile commented on servicing large trucks and the trucks not being able to make that turn. He feels this driveway should have never been a concern. It was never a problem until the last meeting. He referred to the second page of the 8/13/02 comments from the TRC with regard to the Police Department. Councilwoman Lichter asked if there is a possibility that he writes off on the liability to the City. City Manager Hooper stated they could get a release of liability and hold harmless approved. City Manager Hooper stated he is sure the City Attorney would tell them that that would not suffice. Mr. Carwile stated unless the Council can prove there is something unsafe about it, he can't see why they would want to deny a driveway that DOT obviously wants moved. Councilwoman Lichter stated the DOT part isn't the problem. It is the interflow within, the turning within the narrow confines of the area. Mr. Carwile stated unless the City wants to have its engineer draw up his driveway and assume the responsibilities of it, he doesn't think Council has any choice on this. Mr. Carwile stated they had engineers draw this up. Page -11- Council Regular Meeting September 9, 2002 o u Councilman Vincenzi stated he doesn't see that there is a safety issue. It has been this way for 42 years. Mr. Carwile stated they have never had an accident and they have two driveways that do the same thing that these two do except the other driveway they are eliminating has an entrance and an exit. Councilman Vincenzi stated it hasn't been a problem for 40 years, why is it going to be a problem now. City Manager Hooper stated because he is greatly expanding his business. Mr. Carwile stated he is refurbishing the building, adding on some office space, and moving the tire store to the south end of the property. Councilman Vincenzi stated even if there is an increase in traffic flow, they are still only traveling four mile per hour. City Manager Hooper recommended to Council that the driveway come in and there is a right in and you are able to make that swing and come out or you can come out on Hardin. Mr. Carwile explained there is no way to drive a 20-ton truck around that center driveway back into his driveway. Mr. Carwile stated they aren't going to give up the driveway. They have been there for 42 years and they haven't been a problem. Councilman Vincenzi feels somebody suing the City if there is an accident on Mr. Carwile's property doesn't seem plausible to him. Mr. Carwile again referred to the comments made by the Police Department and none of them deal with what City Manager Hooper is talking about. Councilwoman Lichter suggested signage may help. Councilwoman Lichter would like the City Attorney to inform her that the responsibility would come on to us if the City approved a variance. She further spoke about the other businesses on u.S. #1 that have been here for a long time and many code changes involving grandfathering. She would like this to totally be Mr. Carwile's responsibility and wondered if they could accomplish that if something happens within. Councilwoman Rhodes asked if that was a vacant lot and somebody wanted to build a business on that lot would they be allowed by our Codes to have two driveways. City Manager Hooper informed her no. Councilwoman Rhodes questioned why Mr. Carwile needed two driveways for trucks. Mr. Carwile explained that trucks can not make the turn. Page -12- Council Regular Meeting September 9, 2002 Q o Councilwoman Lichter would like to see if they can get out of the liability if something happens within. She would like to move on to the sign issue. She doesn't think Mr. Carwile has too much leeway because it is an older lot, an older setup that is close to the street. There was further discussion regarding trucks not being able to make the turn and trucks exiting onto u.S. #1 which has a 45 m.p.h. speed limit. Councilwoman Rhodes asked Mr. Carwile why he would need the middle driveway to be both directions. Mr. Carwile elaborated. He stated he doesn't have to build this building. It is going to cost him over $1 million and they thought they had all of the things worked out when they were here a year ago. Councilwoman Rhodes stated they aren't telling Mr. Carwile to eliminate the driveway. They are telling him to eliminate the traffic flow he has going from the driveway. Mr. Carwile asked how to do that. Councilwoman Rhodes informed him to have it go one way, one way in and one way out. Mr. Carwile commented on the thousands of dollars they have spent drawing this up three or four times trying to appease the City. They drew it to what they asked them to draw. Unless the City wants to give him a hold harmless and the City assume the way the arrows move, then they can do that or he could build a single story instead of a two- story building. He thought the driveway was one thing he was giving the City that the City wanted. Mr. Carwile asked the qualifications of Mr. Lear and City Manager Hooper for drawing the arrows. City Manager Hooper stated they are trying to tell him there is a problem with the traffic. It is not consistent with our Land Development Code. On the August plan submitted by Mr. Carwile the driveway was not on there. Mr. Carwile stated the landscaping plan is the same plan they showed the City that had the driveway on it. They only moved the driveway after the second, third or fourth TRC meeting. Mayor Schmidt suggested the trucks go around the back of the building. Mr. Carwile informed him there isn't enough room. Mayor Schmidt stated there are arrows there so there has to be enough room for vehicles. Mr. Carwile stated there is a 15 foot driveway around the back of the building but it isn't enough for a 20-ton truck to make traffic around through there on a regular basis. Page -13- Council Regular Meeting September 9, 2002 u o Councilwoman Rhodes stated the driveway is not in the plan that the Council saw. Mr. Carwile stated City Manager Hooper asked him to move it. City Manager Hooper stated he asked him to close it. Mr. Carwile stated he originally asked them to close it and then he asked them to move it which they agreed to do. Councilwoman Rhodes asked Mr. Carwile if he had any minutes from any meetings to that effect. Mr. Carwile stated those were a private meeting outside and he wasn't in on those private meetings so the Council would have to speak with Mr. Martin on that. Councilwoman Lichter felt the sign issue would be resolved simpler. Sometimes when you get into problems you get an arbitrator, someone else to take a look at just this issue. She expressed concern with legally getting out of anything that might happen within. She feels having the extra driveway on the corner is only an improvement and having the traffic go out from the little street on the side is only an improvement. She wondered if they could get a hold harmless agreement letter and give him the variance. Councilman Vincenzi stated he still doesn't think that is necessary. City Manager Hooper and Mr. Lear have not proven to him that it is a big safety issue that really needs to stop this guy from doing what he wants to do. Councilwoman Lichter stated some signage in there wouldn't hurt. Mr. Carwile agreed to put up small signage. Mayor Schmidt opened the public hearing. Noritta Harris, 2425 Orange Tree Drive, spoke of a hold harmless agreement she was granted and there were damages and the City didn't have to pay for them. She had to put new driveways in. She doesn't see why it can't work for this gentleman. Joe Martin, East Volusia Engineering, stated he was the engineer on this project. In the discussions with the staff with respect to moving the driveway or eliminating it, it was requested that they eliminate that driveway and basically have one. His response, a compromise, was they would move it. That is essentially what they did. Councilwoman Lichter stated and that was agreed on. Mr. Martin stated it was not agreed on. It was in a discussion with the TRC. Page -14- Council Regular Meeting September 9, 2002 u o Mr. Martin presented some insight where he comes from as a design professional. He feels the Land Development Code should be something he can rely on without frequent recourse of staff interpretation. Where a clear case of ambiguity is believed to exist and its incumbent on him its prudent to contact staff and see if they can't work out an interpretation before proceeding with the design. He referred to Article II in the Land Development Code. It does not contain a definition of commercial center or shopping center therefore other means have to be used to determine if Mr. Carwile is entitled to more than one pole or ground sign. He then referred to Article VI which is the sign regulations. As presently written there is no ambiguity with respect to Mr. Carwile's entitlement. This article describes the type of signs and relates their use to two unique categories, residential and non-residential. He arrived at this conclusion by considering 21-61.02 which covers development signs or signs that a developer would put up. If Mr. Carwile wishes to erect a development sign to advertise this project, he would have to be granted a permit under the non-residential category. They aren't asking for a development sign. Within the non-residential category, reference is made to two subcategories, commercial and industrial properties. Within the two subcategories it certainly isn't industrial, which is not permitted in a B-3 zone, therefore it has to be considered commercial and Mr. Carwile is entitled to two pole or ground signs per 21-67.07. With respect to the access driveways, he doesn't believe there is any ambiguity in this case either. He then referred to 21-52.02C which says you must have a driveway at least 630 feet from Hardin. This does not apply to this project. It is already there. He then referred to Section 21-52.02C means that in order to have a driveway onto U.S. #1 the minimum spacing between streets coming off U.S. #1 would have to be over 1,320 feet or 1/4 of a mile. A majority of the street between 10th Street on the north and Indian River Blvd. on the south are much closer than this, which means a majority of this U.S. #1 frontage can not be redeveloped without seeking a variance. You can not deny a variance because you can not deny a person use of their property. Why require them to expend the time and funds to go through a variance request and that deals only with that 630 feet space. If the intent for the use of 21-52.02C is to create an upscale U.S. #1 frontage patterened after the Dunlawton corridor in Port Orange, then the City must acquire the B-3 frontage and much of the residential property behind B-3 and redevelop it with frontage roads on each side. If this is not the intent, then the City needs to change the language of that Article in those paragraphs. He commented on a report written by the Industrial Board years ago where there were twelve recommendations and one of them was to approve the appearance of U.S. #1. Page -15- Council Regular Meeting September 9, 2002 u o Councilwoman Rhodes asked Mr. Martin if he helped write the Land Development Code. Mr. Martin stated he didn't help write it but he had 14 pages of comments but he thinks he missed this one. Mayor Schmidt asked about the south driveway and wanting the trucks to be able to make a u-turn. He commented on the proposed Drive-thru roof over. He is assuming the trucks can fit underneath there. Mr. Carwile informed him that is correct. There was a brief discussion regarding what type of trucks Mr. Carwile works on. Mayor Schmidt has concerns with the u-turn in the middle of the parking lot. Mr. Carwile stated it actually goes through the bays and through the back with a double driveway back there and around the building and back out. City Manager Hooper explained regarding parking, our compromise from staff was to allow the internal bays to be used as parking. Mr. Carwile stated they are parked when they are doing service on them. Mike Visconti, 316 Pine Breeze Drive, asked the difference between the driveway at Riverside Bank compared to this driveway. Mayor Schmidt stated they have room to go all the way around the building. Mayor Schmidt closed the public hearing. Councilman Vincenzi stated he thinks Mr. Carwile wants to do a lot of improvements to his property and he is putting a lot of time, money and effort into it and this is a minimal point that is not worth arguing about. He doesn't feel the safety issue has been addressed properly. Councilwoman Rhodes agreed with Councilman Vincenzi. The reason she doesn't like it is because anybody else couldn't do it. Councilman Vincenzi moved to accept Mr. Carwile's proposal to design the driveway as he specified, second by Councilman Brown. The motion CARRIED 4-1. Mayor Schmidt voted NO. Mr. Carwile made a presentation regarding signage. He feels somebody should be assigned signage according to what the frontage of their property is on u.S. #1. Councilman Vincenzi asked City Manager Hooper when they went through the Technical Review if he was willing to compromise on the signs. Page -16- Council Regular Meeting September 9, 2002 v o City Manager Hooper stated they talked of the compromise. If the driveway could be avoided that they just went through they were willing to give on the sign. He commented on this being an aesthetic issue, not a public safety issue. Mr. Carwile explained how he would be going from five signs to two signs, one which would be an anchor sign and one would be a tenant sign. He then spoke of there being nine or ten units that will be involved in the new building. There is no way to operate nine or ten businesses with 60 square feet of sign. He feels the sign ordinance should be looked at again. There was a brief discussion regarding a height limit on the signs. Mayor Schmidt asked how the signs would affect the driveways if they are ground signs. City Manager Hooper stated he doesn't think they will affect the driveways. Mr. Carwile commented on where the ground signs will be placed. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter felt the signs will be an improvement and had no objection. There was a brief discussion regarding Mr. Carwile being able to have two signs due to having two parcels. City Manager Hooper stated one site plan, one use. Mr. Carwile explained it is would actually be one use once it is altogether and done. Until this project is done, it is certainly different use properties. Councilman Vincenzi moved to accept Mr. Carwile's proposal and allow him to put the signage he requests, second by Councilwoman Lichter. The motion CARRIED 4-1. Councilwoman Rhodes voted NO. There was a ten-minute recess at this time. BOARD APPOINTMENTS There were no board appointments at this time. Page -17- Council Regular Meeting September 9, 2002 u u CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. OTHER BUSINESS A. City Hall Site Selection - staff presentinq site options for a new City Hall City Manager Hooper made a staff presentation regarding the site options for a new City Hall. He also made mention of a site that is south on u.S. #1 that was mentioned by Tim Howard that consists of about 15 acres. He thinks the three sites they are down to are McCaskill's site out by 1-95 and SR 442, May's property south of the new middle school, and Mr. Howard's site which is south on u.S. #1. Tim Howard, 3028 Willow Oak Drive, spoke to the Council about the site he has proposed. There was discussion between the Council regarding the proposed sites. They agreed on Site 2 and the new site proposed by Mr. Howard. Councilwoman Rhodes made mention of the citizens wanting to see City Hall on u.S. #1. Whether they want it so far down on u.S. #1 is another issue. She feels the citizens will want it to be further south on u.S. #1 rather than further west on SR 442. Councilman Vincenzi asked City Manager Hooper to keep an eye on the McCallister property in case the deal falls through. B. Memorandum of Understandinq - staff recommendinq supportinq a Comprehensive Potable Water Interconnect Proqram for coastal entities and authorize the Mayor to execute the document City Manager Hooper made a staff presentation. Councilwoman Lichter moved to accept supporting the Comprehensive Potable Water Interconnect Program, second by Councilwoman Rhodes. The motion CARRIED 5-0. C. Animal Shelter Facility - staff recommendinq 1950 S. Airpark Road as the site for the construction of an Educational Center and Animal Shelter Facility and authorizinq the City Manaqer to execute a Lease Aqreement with Pet Society, Inc. Page -18- Council Regular Meeting September 8, 2002 u u City Manager Hooper made a staff presentation. Staff recommends approval of this particular site. Mayor Schmidt asked if they have had any complaints. City Manager Hooper and Legal Assistant Matusick stated neither had received any complaints. Councilman Vincenzi asked about the two sites they were looking at. City Manager Hooper stated they narrowed it down to Airpark Road and Park Avenue. He further commented on the Park Avenue site and this being an area that can't be developed. Councilwoman Lichter stated she is a member of the Pet Society, she is not an officer and she is not acting as their spokesperson in any way. Councilwoman Rhodes moved to select 1950 S. Airpark Road as the site for an Education Center and Animal Shelter Facility and authorize City Manager Hooper to execute a lease agreement, second by Councilman Brown. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth reminded everyone to vote tomorrow. City Attorney 1) Stipulation & Settlement Aoreement relatino to local amendments to the Florida Buildino Code Legal Assistant Matusick presented an update on the Florida Building Code Challenge that was brought up by the Florida Homeowners Association. Councilwoman Lichter moved to accept the Stipulation & Settlement Agreement, second by Councilwoman Rhodes. The motion CARRIED 5-0. City Manager Hooper had nothing at this time. CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 Pine Breeze Drive, asked if a site has been chosen for City Hall. He was informed no. Mr. Visconti then asked if they are contemplating a golf course. City Manager Hooper informed him no. Page -19- Council Regular Meeting September 9, 2002 (.) o Donna Wagner, Pet Society Inc, thanked the Council and informed them of a fundraiser they have already started. She has raffle tickets for a Lazy Boy chair. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 11:05 p.m. Minutes submitted by: Lisa Bloomer Page -20- Council Regular Meeting September 9, 2002