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08-15-1977 - Public Hearing/Regular .\ u <J CITY COUNCIL OF THE CITY OF EDGEWATER PUBLIC HEARING HELD August 15, 1977 Mayor Armstrong called the Public Hearing of the City Council of the City of Edgewater, Florida, to order Monday, August 15, at 7:00 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Cl,erk Sue Bl ackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present Mayor Armstrong explained that in order to make any amendments to Ordinance No. 880 the City must hold a Public Hearing in order to listen to the public opinions. This was advertised, and it is for the purpose of changing the permitted uses in the B-3 Zoning District to add a Garment Assembly. He stated that Mr. King has explained to the Council that in order to lease this property, they would be willing to vacate it and move Atlantic Machines to an Industrial area in the City of Edgewater. He asked that anyone wishing to speak on this matter is asked to speak their names and addresses. A man spoke to the Council (He stated his name and address, but it could not be heard on the tape). He did state that he does not see why the Zoning should be changed in order to let a machine shop go in there. He would not want to see the Zoning change because some of their property will depreciate. Mayor Armstrong explained that there is no Zoning change being made. The only change is in the permitted uses that are allowed. Mrs. Marie Nichols, 1015 Flagler Avenue was given the floor. She stated that you can not say that this is affecting just the property in question, when you do this you are talking about all the property in U.S. 1. Anywhere there is B-3 Zoning this can be done. Two wrongs just do not make a right. Mr. King presented the Council with a petition of names of property owners who are in favor of this. Mr. Bradley from the corner of Rhode Island and Monroe stated that he is against this. Councilman Sikes asked Mr. Bradley if the people who signed the first letters that Mr. King took around agreeing to this permitted use, have changed their minds? Mrs. Inman stated that all the people are always complaining because they want industry in Edgewater, they want business. This is a way of getting it, so why are they against it? Councilman Dietz called order to the meeting, and stated that before we get too far out of hand, what this originally came about from was the fact that we had a Heavy Industrial business on the highway; in Mr. King's steelworks there. We were trying to come up with a compromise; Mr. King came to the Council and stated that he was willing to move out if we would allow another business to go in there which would be less offensive. There is no way that the Council can force Mr. King out of his business for seven more years. He can work his steel mill there and we can not stop him, so we thought this would be a good trade off and help the area. He went on to explain that u o we are in no way changing the zoning, we are making an addition to the present zoning. Councilwoman Webber stated that in 1974 we had a Zoning and Planning Board made up of very knowledgeable people who composed our present Zoning Code, Ordinance 880. She read from the Ordinance what is allowed under the B-3 Zoning. She added that she is in favor of bringing business into the City, but in its proper place. She said that she is sure that this factory could find another location within the City. Mr. King spoke to the Council about his business. Councilwoman Webber stated that she does not see penalizing the entire area for this one business concern. Mr. Tucker explained the business he proposes to put in this building, stating that it is quiet and the outside will be kept neat and clean. Councilwoman Webber again stated that she is not against the business, but the prescident that is going to be set by making this change. Mrs. Nichols asked if there could be a conditional use permit given in the case of these two buildings. What she is concerned about is adding this permit to all of the B-3 Zoning District. Councilman Sikes went over the permitted uses in the Light Industrial District, stating that a lot of them are a lot more offensive than a garment assembly. Mr. Christy spoke on this matter, stating that we need money in this City, and why do we bicker about something when we are getting the better end of the deal. He went on to say that Mr. King could keep the business he has there now, which is noisy and there will be pollution. We should take the business that will be better in that location. Tape lB There were more comments heard from the audience. Mr. Jim Jones spoke in favor of the business Mr. Tucker proposes, stating that he thinks it will be clean and better for the highway than more gasoline stations or car repair shops. Mr. Bradley spoke to the Council again, that they were told that the zoning was going to be changed and that is why they were objecting. He said as far as the new business coming in there, they will be glad to see that happen because they are cleaning it up and all. Mayor Armstrong explained that we are absolutely not changing the zoning. There were a few more comments. Mayor Armstrong asked for an adjournment of the Public Hearing so we can go into the regular meeting. ADJOURNMENT: Councilman Shell made a motion to adjourn, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. -2- o o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD August 15, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida, to order Monday, August 15, at 7:30 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Dietz made a motion to accept the minutes of the meeting held August 1,1977, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. BILLS AND ACCOUNTS: Mayor Armstrong read the total of the bills in the General Fund account. Councilman Dietz made a motion to pay the bills, being seconded by Councilman Sikes. After several questions on the bills, upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. Mayor Armstrong read the total of the bills in the Water and Wastewater account. Councilman Dietz made a motion to pay the bills, being seconded by Councilman Sikes. After several questions on the bills, upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong read the total of the bills in the Federal Revenue Sharing account. Councilman Dietz made a motion to pay the bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. COMMUNICATIONS: The City Clerk read the General Fund Budget Report for the month of July. The City Clerk read the Operation and Maintenance Report for the month of July. -3- o o The City Clerk read a letter from Elizabeth J. Crouser resigning her position as Deputy City Clerk, effective September 8, 1977. Councilman Sikes made a motion to accept the resignation, being seconded by Councilman Dietz. Councilman Dietz asked the City Clerk if there was a reason given for this. The City Clerk stated no, she asked Mrs. Crouser about this, and was told that she had another job, but did not want to tell us where. Upon roll call vote on the motion, said motion CARRIED, 5-0. The City Clerk read a letter from Mr. Walter Gross resigning from the Planning Board. Councilman Dietz made amotion to accept this resignation, being seconded by Councilwoman Webber. Upon roll call vote on the motion, said motion CARRIED 5-0. Councilman Dietz stated that we should get these vacancies on these boards filled as soon as possible. AUDIENCE MISCELLANEOUS: Tape 2A Mr. Alt was given the floor. He presented a petition to the Council in regard to having water and sewer lines extended into the River Park Mobile Home Colony. Mayor Armstrong thanked Mr. Alt and stated that the Council will take this petition under acknowledgment. Mr. Paul Walls was given the floor. He stated that there are a lot of people in Edgewater who put their boats in the water from the docks out here, and they are taking their lives in their hands every time they do it. He asked what happened to the $400 that the City received from the Saltwater Fishing Association for the work to the done on the docks. Mayor Armstrong stated that this money has been earmarked for this work, however we have been so busy trying to play catch up with the work that we have that it has not been started. There was discussion on the construction of a new dock or docks. A man who resides on Ann Street was given the floor. He spoke to the Council about the residents of Edgewater having to pay for water and sewer charges when they are not here six or seven months out of the year, stating that this is becoming a hardship on the people. Mayor Armstrong explained the bond issues that the City is obligated under. He stated that it is a fact that whenever we have sufficient revenue in any twelve months to meet our obligations, then we can reduce the rates and exempt those people who are temporarily absent from the system, but until then we don't have much choice. There was more discussion with this gentleman about this matter. Councilman Dietz explained that the City is not allowed to make a profit on this, we charge what it takes to maintain and operate the services. If we allowed people to cut off, we would have to raise the rates to keep the revenue coming in to operate the services. -4- o o A representative from the Police Benevolence Association spoke to the Council requesting a time be set up to meet with members of the Police Department and the City. Councilman Sikes stated that at an earlier meeting we referred this matter to our attorney to determine whether we had to negotiate with P.B.A. first or with the local policemen. There was discussion about this with the attorney. It was suggested that the City receive a letter from P.B.A. in regard to negotiating. Mr. Fredericks was given the floor. He stated that there is a hole on Hardin Place at Riverside Drive, and if something isnlt done soon it is going to be a lot worse. It already needs blacktop, shell will not do any good. It was agreed that some men should be sent down there. OLD BUSINESS: Mayor Armstrong stated that some action should be taken on the addition to the B-3 Zoning, by adding to it "Garment Assembly": He asked for the Council IS pleasure in regard to this. Councilman Dietz made a motion that we accept the recommendation of the Zoning Board and grant the addition to the B-3 Zoning of the Garment Assembly, as an additional usage of the B-3, being seconded by Councilman Sikes. Councilwoman Webber stated that the Zoning Board did not vote on this, they did not have a quorum. Councilman Dietz stated that they did make a recommendation, and he asked Mr. Mackie from the Zoning Board about this. Mr. Mackie stated that they did not have a quorum, and the reason for sending this to the Council was to keep from holding this up any longer. It was discussed that the other members were informed of the matter and their vote was taken, under advice from our attorney that this was the only way to handle this. Councilman Sikes asked if he could ask Mr. King a question. He asked Mr. King about a letter stating that he will be out of this building at any certain time. Mr. King stated that there was a letter which was notarized. The City Clerk stated that the letter does not have a certain date on it, it just says that he will not move back if this went through. Mr. King looked over the letter; stating that he will give the City another letter. Councilman Dietz stated that we will have to hold up on any decision until we have that. There was discussion as to whether Mr. King could add this to the letter already given to the City. Mr. King added to the letter the fact that he will have his business removed by the end of six months. Mayor Armstrong asked after the corrections here, are there any questions. There being none, he asked for a roll call on the motion. Upon roll call vote said motion CARRIED, 4-1. Councilwoman Webber voting NO. -5- o o Councilman Dietz made a motion that we instruct the City Attorney to draw up the proper Ordinance drafting this change in B-3 Zoning to permit Garment Assembly, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-1. Councilwoman Webber voting NO. Mayor Armstrong stated that the next item is the Zoning & Planning Boards recommendations on the Hall Annexation. The City Clerk read the recommendation from the Planning Board, accepting the Wildwood Development. She also read the recommendation from the Zoning Board, accepting the Wildwood Development, which has the zoning change they recommend attached to the letter. The City Clerk read this change. Mayor Armstrong stated that it appears to him that this is setting a new classification of the R-2-A. He asked the attorney about holding a Public Hearing on this. Attorney Woods explained the requirements in regard to holding a Public Hearing. Councilman Dietz asked Mr. Mackie why the Zoning Board make this change instead of having it fit something that we already had? Mr. Mackie explained the situation and circumstances of this to the Council. Mrs. Nichols stated that she does not believe that 75' x 100' is large enough for a building site in a subdivision. There was more discussion about holding a Public Hearing, and when it would be possible to do this. Councilman Dietz explained that he and Mr. Kuyk and Mr. Fernandez are suppose to meet with Mr. Hall's engineers and go over some discrepancies in their water line extensions. Attorney Woods stated that he sees nothing wrong in their meeting to take care of this. Councilwoman Webber made a motion to hold a Public Hearing on this matter at 7:00 September 12, 1977, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. There was discussion as to how long this will take after the Public Hearing is held. Attorney Woods stated that he can not answer this because it will depend on the results of the Public Hearing. Mayor Armstrong stated that the next item is to set another budget workshop. It was agreed that the Council will meet tomorrow, Tuesday at 6:30 P.M. NEW BUSINESS: Discussion began about setting Public Hearings on the budgets. Councilman Dietz made a motion that the Council meet Tuesday, Wednesday and Thursday of this week and get this budget done. We should quit fooling around and get it done. As far as the Public Hearing is concerned, we don't have to have this on a meeting night, as long as we give public notice. Tape 3A MISCELLANEOUS: Mayor Armstrong spoke to the Council about the. Brown property, explaining that he talked with her. Councilman Sikes also stated that Mrs. Brown would like the City to come back with some type of letter indicating that we are interested or we are not in- terested. -6- o o Councilman Dietz asked where the Council is planning on getting the $15,000? He asked if the Council would be interested in borrowing $40,000 and buying this, and paying the $40,000 over a period of seven years at 6% interest? Councilman Sikes stated that he can see the need of purchasing this property and he would like to see us get the property, however he feels the first priority is water. Mayor Armstrong stated that he knows there is another party interested in purchasing this property. However the time is coming when Edgewater is going to need more property, if we ever build next to City Hall, the parking is going to be very limited. He added that he thinks we should make a counter offer of $35,000 for it. We should have a letter written to them stating that we are still uncertain and can not commit ourselves, but if they would be interested in $35,000 they could contact us after October 1st, which is our new fiscal year. Councilman Dietz asked the attorney if there is anything wrong with the City Council borrowing $35,000 and spending it on this property and amortizing it over a period of seven years and paying it off at 6%. Attorney Woods stated that if the City has the money or can get the money, and this Council decides that this is a good investment for the City of Edgewater there is no reason why it can not be done. There was discussion at this time as to what the land and buildings would be used for. Attorney Woods asked if this matter could be tabled so that he could research the possibilities of what the City would be able to do with the buildings on the property. Councilman Sikes made a motion that this matter be tabled until next Monday night, being seconded by Councilman Shell. Upon roll call vote said motion CARRIED, 5-0. The City Clerk stated that the next item is Mr. McLaughlan1s request to do business out of his home. This was passed on to the Zoning Board and now it is back to the Council. The recommendation from the Zoning Board is to request him a one year permit on a temporary basis, with the option for renewal because of the Health Department's requirement. Councilman Sikes made a motion to accept the recommendation of the Zoning Board, being seconded by Councilwoman Webber. Councilman Sikes asked if the option for renewal is based on their meeting the requirements of the Health Department? Councilman Dietz stated that we don't want to base the renewal on that, because his business may grow and we may have neighbors complaining and such like that. He added that he thinks we are stretching the Zoning Ordinance a little too far. Mayor Armstrong went over the provisions of the Home Occupations. He stated that any time these provisions are violated, he is out of business. After more discussion on this, the previous motion and second were withdrawn. Councilman Sikes made a motion that we grant Mr. McLaughlan a license to operate the business, the Brow Company, out of his residence at 3326 Willow Oak Drive, this license to be granted for a period of one year and will be subject to re- view at the end of the year. That he be given a copy of the Home Occupational Ordinance for his compliance, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Councilman Shell spoke to the Council about getting a permit to burn some of the trees and shrubs in the landfill. There was discussion about how we can take care of these trees. -7- '-> o Councilwoman Webber stated that she spoke to one gentleman the other day, and he said each one of us going over there and putting our two cents in is becoming confusing. She suggested that we name Mr. Shell as coordinator of the Street Department. Councilman Dietz stated that we have to come up with an awful lot of dirt. He has been checking on prices for this job. He spoke of cleaning out the lakes. Councilwoman Webber stated that our trucks could not do this; we would have to pile the dirt and wait for it to tryout. There was discussion among the Council members about this. Mayor Armstrong stated that a schedule has been posted at the City garage for seventeen or eighteen months in regard to what has to be done, and it just hasn't been done. Councilman Shell stated that he thinks someone should take ahold of this and get it done. Councilwoman Webber stated that she made a motion to have Mr. Shell coordinate that department, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. Councilman Sikes spoke to Councilman Shell about leveling down the parking lot at the Baptist Church. It might be worthwhile for the City to use that dirt when this is done. The City Clerk stated that the Council needs to do something about Mr. Martine so that they can continue to sign his pay checks. This was discussed by the Council. There is an Ordinance on the books that has to be looked into in regard to this. Councilman Sikes made a motion that we authorize the Mayor and City Clerk to sign Mr. Martine's payroll checks until this matter is taken care of,being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. At this time there was discussion about the speaker system. The audience commented that they are not hearing any better. Councilman Dietz stated that it is the microphones, and he will callthe man to come pick them up. RECESS: Councilman Shell made a motion to recess until Tuesday night, being seconded by Councilwoman Webber. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ;{4 ZA..~ /' Cound 1 woman V, ,_ . yt . Councilman T ~ ATTEST: ~k~ Approved thi s 6(9 day of Counci ~.I ml~.:a.n~...r;y; ~ii%~j Councilman August, 1977. . c ~.. h/~~ ~::t:;2~~~ Mayor~ . -8-