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02-05-1979 - Public Hearing/Regular . . . . o Q CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING II- ~~~" A'i!'l. :. t~i p.~rl~n ~ , ,\.'.ttl.'! ,.f~'" J/ ' po.. - .' C"",! ..if;, , '."~ ~!,:o"jl_'.; I:< !'_<'~ l' '~f" ~ lrP .~, .,-}::!i "{,' .<- ~~7 & . ;7rl I;':;, lit I!&J iA.." ii' ~.I'''''' February 5, 1979 Mayor Christy called the Public Hearing to order at 6:30 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Asting City Attorney Judson Woods City Clerk John Wharton Police Chief Earl Baugh Present Present Excused Present Present Present Present Present Mayor Christy announced that the Public Hearing was for the purpose of rezoning the B-3 Highway Service District. The Council is considering the following Zoning Change under the Special Exception paragraph of the B-3 District. The following additions are suggested: Outdoor display or storage of equipment or material, provided that, in the interest of safety to children and adjacent property owners, outdoor storage sales will be encompassed by a fence or wall at least six (6) feet high; the bottom four feet being sealed and the top two feet being open. Outdoor display, storage or sale of operative automobiles, boat motor and boat trailer sales and service, car washes, mobile home sales provided that an appropriate opaque fence or plant materials be provided to screen adjacent properties where deemed appropriate. / Mr. Millard, Chairman of the Board of Adjustments, spoke to the City Council concerning these additions to Special Exceptions. Mr. Millard said that he was speaking as a representative of the Board of Adjustments and he believed he represented the beliefs of the Board. There are references to used cars and automobiles in two different parts of the ord.inance, page 109 and page 5. The Board of Adjustments has had only one case for a used car lot in all the years that Mr. Millard has been associated with the Board. There is one case that is in recess now and there is another one that will be presented to the Board at their February meeting. The Board became aware of the lack of guidelines or standards in 880 in regard to used car lots, when the Board was presented with their first application for a used car lot. They did grant that Special Exception with certain conditions to help control that business. The Board feels that Edgewater has no policy in regard to used car lots. They realize that the Council and the Zoning Board do not have to state a specific policy concerning used cars.' Th~y can leave i~ to the Board of Adjustments to set certain standards and conditions. Does the Council really want to put that much power in the hands of one Board without establishing their intent or their right to, in essence, speak for the people of Edgewater? The Board of Adjust- ments would like to have some guidelines in considering applications for a used car business. For example: How many used car lots are enough for Edgewater? How small or how large should these used car lots be? It is possible that some used car lots could take up a full block. How close to each other should these lots be? It is possible to have a long row of used car lots on U.S. 1. Should there be limited hours? What kind of repairs should be done at the place of business? There is also the question of noise, bright lights and junk cars. What about parking facilities? What kind of screening should be around these lots? What about the possible affect on adjacent businesses? Should the lot be paved? These are all questions that come up in individual cases. The Board is not asking the Council to rule on any individual case but it would be helpful if a general policy could be incorporated into 880. Then the Board could hear the individual case and make sure that it meets o o this general policy. All zoning ordinances throughout the State provide for the establishment of an adjustment Board to relieve the Council of having to decide on individual cases. The Board investigates, checks out the information, hears the applicant and any objections and tries to arrive at an objective answer that protects the community as well as the rights of the individual. On the current zoning paragraph change that the Council is presently considering, the Board does not object to it but they do suggest that perhaps it hasn't answered all the questions. The Board is ready to carry out the wishes of the Council. If the Council does not feel that they want to set specific or general guidelines, then the Board will, of cours~ have to work within the present ordinance. Mr. Millard added that the recessed hearing on an application for a used car lot would be continued on February 28, 1979. Therefore, anything the Council could do between now and then to give the Board some quidelines would be very helpful. Mayor Christy said that he believed that Mr. Millard had presented some very good ideas for the Council IS consideration. Councilman Asting said that perhaps the Council should hold a workshop to discuss the possibility of some guidelines for the Board of Adjustments. Councilman Rotundo said that the Board of Adjustments should probably meet with the Council to discuss some possible guidelines. Councilman Sikes said that Mr. Millard is asking the Council to amend 880 so that the Board will know what to follow. Mayor Christy said that Mr. Diamond had told him that the Zoning Board is holding a meeting Tuesday night (Feb. 6) to go over all of the business districts. Mr. James Mackie, Jr., Chairman of the Zoning Board, spoke to the Council. He doesn't think that you can stipulate too many things for used car lots such as distance between the lots or how many lots because that is discriminatory. They will have to be controlled some other way or they should be taken out of the ordinance completely. He said that the Zoning Board had originally discussed the possibility of putting car sales as a permitted use in B-3. However, the intent of the Special Exception was to maintain some control over this type of business. Therefore, the Zoning Board has suggested retaining automobile sales as a Special Exception and also adding boat motor and boat trailer sales and service, car washes and mobile home sales because these are also basically an outdoor display type of business. The Special Exception should offer some protection of adjacent properties and the safety of the general public because each application must be reviewed to determine the relationship to adjacent uses. The Zoning Board is particularly interested in the establishment of buffer zones between a used car lot business and the adjoining residential areas. The Board has stressed this many times before. There should be buffer zones between commercial and residential areas but this has not .been enforced. U.S. 1 is the main street of Edgewater and we have to try and protect the rights of the business owners and the residents in that area. The Zoning Board will be reviewing the business areas and will make recommendations for changes in permitted uses and special exceptions. Councilman Sikes questioned the desirability of a solid fence. He felt this might affect the drainage. Mr. Mackie said that solid wall had been in the ordinance all along. Mayor Christy said that the Building Inspector or the Zoning Enforcement Official should be able to determine whether there might be a chance of flooding in a particular area and use some discretion as to the type of fencing that would be appropriate. - 2 - Q v Councilman Asting said that he felt there should be some control over the number of used car lots in the area. Mr. Woods said that the way you have your control is to limit the sale of used cars only in certain districts. If we tried to limit them in a district where they fit in, the City would probably end up in court. We allow used car lots only in the B-3 District under a Special Exception and that is the only way we can keep some control. Mayor Christy said that there are many businesses that are actually operating illegally as far as the 880 ordinance is concerned. Many were, of course, in business when 880 was written. We are going to have to get this straightened out. Mr. Mackie said that the Zoning Board will start reviewing all of the business districts and the types of businesses in those districts. Mrs. Leo Turner, 118 Thomas St., said that she thought this was to be a public hearing and no one in the audience has been able to speak. Mayor Christy said that the hearing was not over. He will recess the Public Hearing and call the regular meeting to order and then go back to the Public Hearing. Recess of Public Hearing. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING February 5, 1979 Mayor Christy called the regular meeting of the City Council to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Asting City Attorney Judson Woods City Clerk John Wharton Police Chief Earl Baugh Present Present Excused Present Present Present Present Present INVOCATION The invocation was given by Rev. Canova. SALUTE TO FLAG Mayor Christy recessed the regular City Council meeting and returned to the Public Hearing. Mr. Woods said that there would be no action taken on tonight's hearing because it will be necessary to have another hearing on this zoning change. Mrs. Turner said that she had not received a notice of this hearing. A neighbor had received a certified letter. Mr. Woods said that she probably was not an adjacent property owner. The letter her neighbor received was propably in connection with the Board of Adjustment hearing for a used car lot. Mayor Christy said that this Public Hearing was advertised in the newspapers but no one would receive individual letters for this hearing. Mr. Fredericks, 1606 S. Riverside Dr., said we should be very careful about the drainage situation when fences or blacktop are used. 3 Q w Mr. Siciliano, a Zoning Board member, told the Council that the ordinance did not necessarily call for a solid fence only an opaque one. Mrs. Turner said that if we have some control on used car lots now we should keep that control. We should not give blanket approval to all the used car lots. Councilman Sikes made a.motion to adjourn the Public Hearing. Councilman Rotundo seconded the motion. The Public Hearing was adjourned. Mayor Christy said that he wanted to call a short recess so that the Council and the audience could go out front and see the new rescue vehicle that has just been purchased for E.V.E.R. 10 minute recess. Mayor Christy called the meeting back to order. APPROVAL OF MINUTES Councilman Asting made a motion that the Council approve the minutes of the January 29, 1979 regular Council Meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Sikes voted NO due to absence. BILLS AND ACCOUNTS Councilman Sikes made a motion that the Council approve the bills for payment as submitted. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. BELMONT HOMES Mayor Christy called the Council IS attention to the fact that Belmont Homes had advertised that their office was located at 1828 India Palm. It was his understanding that quite a few months ago Belmont Homes had told the Council they were moving their place of business. This is clearly in violation of the zoning ordinances. This model home is located in a R-IB zone. He checked out the model home and there were a large number of cars there. The license for Belmont Homes gives the business address as 2305 S. Ridgewood Ave. and so does their permit. They should only be using the place on India Palm as a model home to show not to operate a business out of. Mr. Frank Inklebarger, representative for Belmont Homes, spoke to the Council. He said' that he did not put the word "office" in the advertisement. Mayor Christy showed Mr. Inklebarger the advertisement and where it stated that this was their sales office. Mr. Inklebarger said that was obviously a misprint. He told the Council that the new building on S. Ridgewood Ave. was almost ready for occupancy and that they would be moving in before the end of the week. The home on India Palm will remain a model home and he or a representative of Belmont Homes will stay at the model home so that someone would be there in case potential customers wished to see the model home. He does not live there. His home is at 3043 Needle Palm. They are not running an office at the address on India Palm. Mr. Woods said that if Mr. Inklebarger said he will be out before the end of the week the Council should allow him that time. However, if they are not out of there by then the Council should request that the Zoning Enforcement Official send a formal letter to Belmont Homes stating they are in violation of the zoning ordinance. Councilman Asting said that in connection with Belmont Homes but on the subject of water installation he would like to request that a copy of Section 26-4 of the Code of Ordinances be sent to Belmont Homes for their information. 4 Q Q Mr. Inklebarger asked if there was some law that said he could not show a model home for people to look at like everyone has in Florida Shores and in New Smyrna. Some of them have open houses but they donlt have anyone there. It is not good business to have a model home without someone there to explain things to a customer. Mayor Christy asked if they couldnlt go to his office and then be taken to the model home? Mr. Inklebargar said that was not a good practice. Mr. Inklebargar also asked who had complained about the model home there. He said that the neighbors had never said anything to him about having any complaints about the model home. There are a lot of people running businesses in Florida Shores that are not legal. He hopes that the Council understands that somebody will be at the model home to show it to customers. Belmont Homes has always tried to do everything they can for the City of Edgewater. There were no more questions. Mayor Christy thanked Mr. Inkelbargar for coming to the meeting. COMMUNICATIONS The City Clerk read a letter from May, Zima and Co. requesting that the Council set up a Workshop to review the financial statements for the first quarter of the fiscal year and to give the Council an over- view of the computer capabil ity. The Council decided to hold a Workshop on February 20, 1979 at 6:30 P.M. in City Hall. COORDINATORS REPORTS Councilman Rotundo had no report. Councilman Sikes had no report. Councilman Asting gave the Council copies of an estimate submitted by Mr. John Bevel to repair the floor in the old water plant. The estimated cost is $617.40. Councilman Rotundo made a motion that the Council approve this expense and instruct Mr. Bevel to start work as soon as possible. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting called the Council IS attention to a letter from Briley, Wild to McMahon & Co. concerning the deficiencies at the Edgewater Sewage Treatment Plant project. These have to be taken care of before we release the bond. Councilman Asting also called the Council IS attention to a letter from Briley, Wild conce~ning the re-carbonation unit for the water treatment plant. They have discussed two possibilities. One was for Liquid Carbonic to submit a bid to Layne Atlantic. Liquid Carbonic would furnish the controls, the City would provide the slab and Layne Atlantic would furnish the subcontractor for electrical. This would cost $7,700.00. Added to this would be the cost of the tank an additional $12,000.00. That would make the total $19,700.00. Layne Atlantic would then act as the sole responsible contractor for the project and would add 15% or $1,170.00. We could also have Liquid Carbonic handle the installation of the unit and they would furnish a one year warranty on the tank and ninety days on the controls. After ninety days, we would have to pay the expenses of an electrical engineer if any repairs were necessary. They would furnish the parts that might be needed. We could either rent the tank or buy it. If we go with Layne Atlantic as our representative for any malfunctions, it would cost us $1,170.00 more. The Council discussed the need for this unit with Mr. DeGroot, City Engineer. Mr. DeGroot said that he believed that this unit would be necessary to control the pH level. 5 o o Councilman Sikes asked if we needed to go out for bids, does this alter our original contract and can we get approval from Farmer's Ho~e? Mr. Woods said that he believed the City would have to pay for this but we should check with Mr. Gordon. Councilman Asting said he will contact Mr. Gordon. There is a time element involved here because it would be less expensive to install the unit before the water plant is completed. Mayor Christy said that he would call a Special Meeting, if needed, to make a decision on this unit. Councilman Asting also told the Council that the Water and Wastewater budget should be reviewed and adjusted. He made a motion that the Council analyze the budget and make appropriate adjustments within the line items. Councilman Rotundo seconded the motion. Councilman Sikes said that it was not necessary to have a motion on ,this as long as line items are not changed. Councilman Asting withdrew ;his motion. Councilman Rotundo withdrew his second. City Attorney Woods had no report. The City Clerk had no report. Mayor Christy said that he wanted Council approval to give first aid courses to City employees. He would take half the employees in the morning and half in'the afternoon for two days. This would give the employees eight hours of intensive first aid training. He feels that this would be an excellent added safety factor for all employees. Councilman Asting said that he did not feel these courses were necessary for all employees. It would be very difficult to have half the work force attending these classes at the same time. He believes selected personnel from each Department should be given this course. The Council will discuss this next week and the Coordinators will furnish the names of selected personnel in their departments. Councilman Asting also announced that County Road 442 will be closed most of this week~ The County is laying pipe. RESOLUTIONS The City Attorney read Resolution No. 79-R-30. A RESOLUTION APPOINTING MILAN GRIFFITH AND HAROLD BROWN TO THE EDGEWATER PLANNING BOARD, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Resolution No. 79-R-31. A RESOLUTION PROVIDING FOR THE EMPLOYMENT OF KENNETH DE GROOT AS CITY ENGINEER FOR THE CITY OF EDGEWATER, FLORIDA; SETTING FORTH THE EFFECTIVE DATE OF HIS EMPLOYMENT; SETTING FORTH HIS COMPENSATION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. 6 ORDINANCES o o The City Attorney read Ordinance No. 79-0-6. AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO DELETE ALL REFERENCES IN SAID ORDINANCE TO THE TERM "PLANNING AND ZONING BOARD" AND BY SUBSTITUTING THE TERM "Z0NING BOARD" IN SAID ORDINANCE WITH THE EXCEPTION OF ARTICLE VII OF ORDINANCE 880, WHICH IS HEREBY CHANGED BY SUBSTITUTING THE TERM "PLANNING BOARD AND ZONING BOARD" FOR THE TERM "PLANNING AND ZONING BOARD", REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. This ordinance will be advertised for a second reading on Feb. 26, 1979 at the regular Council Meeting. OLD BUSINESS The City Clerk read the Certification of Bids received for the pumps and equipment at Lift Station No.6. The City Clerk read a report from the City Engineer requesting that all bids be rejected and that the project be rebid for a scheduled date of March 28, 1979. Mr. DeGroot stated that insufficient informa- tion had been provided to determine whether the pumps and equipment proposed by the vendors will meet the specifications which have been developed for this equipment. Bids were received from: Electra-Tronics, Inc. Ellis K. Phelps &. Co. D.Q. Whitehair & Assoc. R.A. Litkenhaus & Assoc. $3,535.00 $4,213.00 $4,587.67 $5,370.00 Councilman Asting made a motion that the Council accept the recommendation of the City Engineer and reject these bids. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Mr. DeGroot will provide the City Clerk with the necessary information for readvertising this project. C.D. Radio Warning Equipment: Mayor Christy said that he had not received information on the total cost of this equipment or what the percentage was that the Government had originally planned to give us a grant for. He would like to get more information before making a decision on this. Councilman Asting made a motion that the Council table this until next week. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. New License Applications: Councilman Asting made a motion that the Council adopt these new occupational and home occupational license forms. Councilman Rotundo seconded the motion. Upon roll cali the motion CARRIED 4-0. Councilman Sikes said that the~e forms should be Xeroxed in the office and numbered and dated. The City Clerk said that M~. Diamond will also add a place for the number of parking spaces that will be available. This addition will be made to the occupational license only. Mayor Christy told the Council that he had spoken to the company that is printing our revised Code of Ordinances. They have assured him that advanced copies of the new book will be here by February 9th. 7 .. o 0- MISCELLANEOUS - Audience Mr. Norman Billups, 1860 Pine Tree Dr. asked the Council to replace the street light on the southeast corner of Pine Tree. It was recently removed and the residents in that area feel that it should be put back. Mayor Christy said that the light had originally been installed as an extra safety measure after the cross burnings and fire bombing at a . former Councilman's home in that area. He suggested that Mr. Billups write a letter to the Council requesting a street light in that area. This letter would be considered along with all the other letters we have requesting street lights. Mr. Bill Meister and Mrs. Charlotte Bush also spoke to the Council concerning the removal of this street light. Mayor Christy said that the light had been put across from the police station. The request for a light across from the station had been made a couple of years ago. Councilman Asting said that he and the Police Chief had been checking areas in Florida Shores that need street lights. They will remove 14 lights from Indian River Blvd~ and they have at least 21 locations that the police feel should be considered priority areas for lighting. Mayor Christy reminded the audience that the subject of street lights and how to pay for them had been voted down in the last election. We need more street lights throughout the entire City and we do not have the money for them. NEW BUSINESS There was no new business before the Council. Councilman Rotundo made a motion that the meeting be adjourned. Councilman Asting seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ~~ ~~ \ \ -:{y~~ . "'-- /":t~ Co't:.fn.c.Hman ' cound- ~ ATTEST: ~~ fYty Cl erk ----- ~ f~ APPROVED THIS I ~ DAY OF FEBRUARY, 1979. 8