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12-19-1984 - Workshop ~ v ~ CITY COUNCIL OF EDGEWATER WORKSHOP OF DECEMBER 19, 1984 MINUTES Mayor Baugh called the Workshop session to order at 3:00 P.M. in the Community Center. He stated the items on the agenda to be discussed. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Excused Councilman James Inman City Attorney Jose' Alvarez City Clerk Connie Kinsey Police Chief Douglas Betts Present Present Present ~xcused Planning & Zoning Board's recommendation re: re-zoning property on Guava and Hibiscus from 20th to 30th Streets from B-2 to I-I - City Attorney Alvarez reviewed the request from Planning and Zoning to rezone a section of the City from Business to Industrial and said he needed guidance from this Council to proceed. He noted that the areas in question adjoin Residential R-4 and some businesses could be conflicting to a residential area. He added that according to the February 15th meeting of Planning and Zoning, it appears that the ware- houses were the motivating factor of why this came about. He pointed out that there has been an amendment to this section in the past for this portion of the City and additional uses have been added but zoning was not changed. He said the B-2 zoning district intent is to provide neighborhood small retail types of business to adjoin nearby residential areas. He noted that this rezoning request is not based on a voluntary petition by property owners, but initiated by the governing body or its designee, which is Planning and Zoning in this instance. He said the procedures are different than when it's voluntarily petitioned. He noted that it involves about 1% of the City. City Clerk Kinsey added that there are about 350 land owners involved. City Attorney Alvarez pointed out that they would all have to be notified individually and they can attend a hearing if they wish. Mayor Baugh said he looked at the zoning map and reviewed this with the City Clerk and this is the only area that's zoned B-2 and asked what it would entail to add to B-2 instead of changing it to I-I and amending the ordinance. City Attorney Alvarez replied that it's an alternative and has been done in the past. There was a discussion about the shops that are in that area now. Mrs. Gigi Bennington, former Council member, noted that they'd amended the permitted uses and took the mini-warehouses out of B-2 except for storage. Mayor Baugh suggested rather than going to the expense of changing the zoning it might be to their advantage to add to, rather than change it, plus it would take less time and effort. Councilman Prater said he agreed and asked City Attorney Alvarez if they can do that. City Attorney Alvarez replied yes. Councilman Rotundo asked if it follows the guidelines of the Comprehensive Plan and Mayor Baugh replied yes, because it was taken into the plan when it was developed, and the zoning was in the five-year plan, and they'd just be adding to the Permitted Uses there. Councilman Rotundo pointed out that they can control what goes in there. Mayor Baugh agreed and said a lot of things in the I-I zoning are very noisy and they can control what goes there. There was a dis- cussion about an electronic components shop that had been located there. Mr. Ed Hall, Jr. asked what is allowed there now as he was confused as to what can go in B-3 Permitted Uses. City Clerk Kinsey noted that the Code was amended and the update isn't in the book yet. Mr. Ron Lucas asked if they keep the zoning the same if it would keep the setbacks and percentages the same and just change some of the uses. Mayor Baugh clarified that it would add the uses to it. Councilman Inman said he agreed with Councilman Rotundo that if they modify the ordinance they can control it much better and they'll have public hearings on this. Mayor Baugh asked what requests had been received to add to it and City Clerk Kinsey replied that she was only aware of the request from Planning and Zoning and Mr. Lucas and Mr. Hall, Jr. had discussed some ideas with her. ~ ~ o Mrs. Bennington noted that the problem with B-2 now is that it's supposed to be a neighborhood business and with the railroad tracks there and the conditions of those roads, it's hard for a business to thrive. She noted that some of the warehouses were converted to manufacturing and she suggested they change the B-2 from neighborhood business to something else there for light industrial manufacturing. She added that it's not being policed there and things are being put in that shouldn't be there. Councilman Prater said they should stay with what they have rather than changing it. Mayor Baugh noted that if they change it to 1-1 they could have industry come in right behind where the R-4 is abutting it. Councilman Prater recalled an instance on Hibiscus where they had spray drifting over to a house from paint and it was to be a storage-office space. Councilman Inman said he didn't sympathize when someone buys property along- side an airport and then complains about the noise, but he'd be upset if something with a high noise level came in after the homes were there. Mayor Baugh asked City Attorney Alvarez if they can just leave it as it is and add to it and City Attorney Alvarez replied there's no problem with it and if it's Council's consensus, he'd suggest referring it back to the Planning Board with Council's determination and ask them to address the specific problems. Councilman Rotundo asked if they'd have to get it changed if someone came in with a light industry request and City Attorney Alvarez said it's according to the nature of the business and if it's a permitted use or a permitted special exception, but if it's a special exception, they'll have to go to the Board of Adjustments. He added that if it's not listed in the B-2 zoning or the new amendment, then they're in the wrong district and they need to go to another district where the business can be allowed. Councilman Rotundo noted that they don't want to get into spot zoning, and the location is ideal for light industry because of access to the railroad tracks but there are homes there also, and they would need a buffer for the noise. Mr. Lucas pointed out that on permitted uses they have manufacturing shops in there and asked if they would be incorporated, if the zoning isn't changed. He referred to a cabinet shop that's located there. There was a discussion about the manufacturing and/or sales from that location. City Clerk Kinsey noted that under the mini-shops it allows preparing on the premises. Mrs. Bennington noted that under the new permitted uses, they can have light manufacturing if it doesn't exceed three employees. Mayor Baugh asked that Council members be given a copy of the new ordinance. Mr. Hall, Jr. suggested instead of adding uses to B-3 it would be much better to notify all the people that they're going to change it and have the meetings and change it. He added that there's a lot of land there and not very many businesses and more businesses would bring revenue to the City. He suggested they get the public in and see what they say. Councilman Rotundo said he thinks they'll turn it down. Mayor Baugh said they'll proceed with adding to instead of changing it. Councilman Rotundo suggested they ask Planning and Zoning why they wanted it rezoned to start with. There was a discussion of the minutes of the Planning and Zoning Board meeting in which the action was taken. Councilman Rotundo suggested a joint meeting with Planning and Zoning on this. Councilman Inman agreed they need to get their input. Mayor Baugh said they can bring it up at the next regular meeting to call a Special Meeting or Workshop with Council and the Planning and Zoning Board to go over this and come to some type of agreement. Council members agreed with this. -2- Council Workshop Minutes December 20, 1984 ~ ~ v South Florida Natural Gas Co. franchise renewal - City Attorney Alvarez recalled that the former Council had directed him to negotiate a 20-year franchise agreement with South Florida Natural Gas but he wanted to get the instructions from this Council if they want him to proceed. Councilman Rotundo asked City Attorney Alvarez if he's satisfied with the agreement presented by South Florida and City Attorney Alvarez replied no, but he didn't want to get into negotiations until discussing this with Council. Mayor Baugh asked the time frame involved. Mr. Bill Sherman, Attorney for South Florida, and Mr. Bob Morgan, Vice President of South Florida, were present. Mr. Sherman pointed out that the franchise is the same as the previous one except that previously they had to have a referendum vote but that was changed to save the public money and the rate structure is regulated by the Public Service Commission. Mayor Baugh suggested to Council that they have the City Attorney, a repre- sentative of Council, and the City Clerk as a negotiating team. City Attorney Alvarez compared the franchise to a landlord renting a property, and said he'd like it as an agreement between the two parties similar to the one with the Cable TV company. Mr. Jack Spencer, former Council member, pointed out that the negotiations with Florida Power & Light Company and the City made a big difference because in the past the industries weren't subject to the franchise tax. City Attorney Alvarez said he'd like this to be a non-exclusive franchise, and he'd like the authority to continue with the assignment but would like the meetings to be open so the Sunshine Law won't be violated. Mayor Baugh said he'd rather have open meetings also and the City Clerk would be able to give Council input from the meetings. City Attorney Alvarez noted that during the labor negotiations it was helpful when Council members came in and observed. Mayor Baugh suggested that Councilman Prater serve on the negotiations and asked when they could begin negotiating. City Attorney Alvarez replied it would be after the first of the year and they'll arrange the calendars and proceed, and he has some papers to pass on to Mr. Sherman, but the non- exclusive is one of his main concerns. Mr. Sherman stated that it was no problem since it's natural gas and that would be immaterial. Mayor Baugh asked when the old franchise expired and Mr. Sherman replied that it was November 4th but it won't affect the service to the citizens but they'll have a problem with the lending institutions if they want to expand or for borrowing because the franchise is a pledge of the assets. Mr. Morgan noted that franchising permits are needed. Mayor Baugh asked Councilman Prater if he'll accept as a negotiator and Councilman Prater agreed. Mr. Morgan asked if the negotiating team can finalize it and Mayor Baugh replied that they'll have to bring it back to Council with a recommendation. Councilman Rotundo asked how soon the negotiations can begin since the next meeting is January 7th. Mayor Baugh pointed out that the negotiating team can negotiate and bring the recommendations to Council for the 7th. City Attorney Alvarez stated that he'll remain as the negotiator and a member of Council and the City Clerk will sit in. Councilman Rotundo said he just wanted it to be legal. Mayor Baugh said they can have it on the 7th if it's ready, and if not, they can have a short Special Meeting for this purpose. Council members and the South Florida Gas Company representatives agreed to this. Councilman Inman moved to adjourn, and City Attorney Alvarez requested a short delay for discussion of an item with him. -3- Council Workshop Minutes December 20, 1984 . ~ ~ City Attorney Alvarez asked Council members individually if they had any reasons why he shouldn't continue as City Attorney. Councilman Rotundo replied no. Councilman Inman replied no, and he'd explained to him the other day that he hadn't done anything derogatory to him but he does think his fees are a little too high. City Attorney Alvarez explained that his books are open for review at any time. Councilman Inman noted that he's concerned that the amount of money the City is spending is taxpayers' money, but he's not questioning the books and feels they're in order. City Attorney Alvarez explained the number of hours required to handle the business for the City and said about 70% of his time is devoted to City matters, and he'd like to give some time to private practice. Councilman Prater said he's been well satisfied since he's been on Council but prior to that when he was on the Citizen Code Enforcement Board, he felt he was let down. City Attorney Alvarez noted that they're looking at 1985. Councilman Prater said he'll sweep that under the carpet and thinks he's done a wonderful job since he's been on Council and he's satisfied to this point but he feels an apology is in order for the letdown. City Attorney Alvarez said they discussed that and he made it clear that he was sorry that he didn't let him know previously. He added that it hasn't been an easy two years and the City has faced some enormous problems and gone through changes of Mayor and administrators plus referendums and the case loads could have kept two attorneys busy as of six months ago but the litigation has declined and they'll see a change in that. He referred to the pending Caldwell case where re-zoning occurred and said he feels they should prevail in this matter but anything can happen when it goes to a jury. Mayor Baugh pointed out that this wasn't on the agenda for this Workshop and City Attorney Alvarez explained that he's just expressing his opinion to Council and it's not for discussion. He suggested a monthly workshop with Council to discuss pending matters, assignments, and litigation. Councilman Inman moved to adjourn. Councilmen Prater and Rotundo seconded the motion simultaneously. Workshop was adjourned at 3:58 P.M. Minutes submitted by: Lura Sue Koser -4- Council Workshop Minutes December 20, 1984