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90-O-17V d Voting Order Councilman Hatfield Councilmember Bennington Councilman Gold Councilman Fish Mayor Mitchum AGENDA CITY COUNCIL OF EDGEWATER APRIL 16, 1990 7:00 p.m. COMMUNITY CENTER 1. Call to Order, Roll Call, Invocation, Pledge of Allegiance 2. Proclamation - "Drinking Water Week" May 6-12, 1990 3. Approval of Minutes A. Special Meeting of March 26, 1990 B. Regular Meeting of April 2, 1990 4. Citizen Comments 5. Consent Agenda Items on the consent agenda are defined as routine nature that do not warrant detailed discussion or individual action by the Council; therefore, all items remaining on the consent agenda shall be approved and adopted by a single motion, second and vote by the City Council. Items on the consent agenda are not subject to discussion. One of the most basic rules of a consent agenda is that any member of the City Council may remove any item from the consent agenda simply by verbal request at the City Council meeting. Removing an item from the consent agenda does not require a motion, second or a vote; it would simply be a unilateral request of an individual Councilmember. New Business A. Mr. Mike Hays' re: financial planning for the C.I.P. Ordinances, Public Hearings, and Resolutions First Reading: A. Ord. 90-0-14 Repealing Ord. 89-0-11, which regulates outdoor display and storage, as recommended by Land Development and Regulatory Agency B. Ord. 90-0-15 Adopting 1990 National Electrical Code and amending City's Electrical Code as recommended by Building Trades Regulatory and Appeals Board C. Ord. 90-0-16 Amending App. A, Zoning, Section 706.00 "Fences, Walls & Hedges" by changing maximum allowable fence height on front and side yards of corner lots from 32" to 48" D. Ord. 90-0-17 Amending Art. II, Section 11-26 by regulating solicitations after dark (Continued) Mayor Mitchum read the ordinance. Ord. 90-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 7, ARTICLE III, ELECTRICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADOPTING BY REFERENCE THE 1990 NATIONAL ELECTRICAL CODE; BY AMENDING THE CITY'S ELECTRICAL CODE REQUIRING CERTIFICATION TO INSTALL OR REPAIR ELECTRICAL WIRING, BY REQUIRING A CERTIFIED MASTER OR JOURNEYMAN TO DO ANY ELECTRICAL CONSTRUCTION, BY REQUIRING THAT ALTERATIONS BY AN OWNER/BUILDER EXCLUDE CHANGES IN SWIMMING POOLS, HOT TUBS, SPAS, AND THE LIKE, BY PROVIDING LIMITATIONS ON EXPIRATION OF PERMITS AND INSPECTIONS, BY REGULATING AND REQUIRING LOCATION OF EMERGENCY LIGHTS, BY PROVIDING STANDARDS FOR OVERHEAD CONDUITS, BY PROVIDING REGULATIONS FOR THE WIRING OF PUBLIC GARAGES, CEILING FANS, FIXTURES, ALUMINUM CABLE, BY REGULATING THE RENEWAL OF NOTICES OF CERTIFICATION OF COMPETENCY, AND PROVIDING FEE CHANGE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE,AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bennington moved to adopt 90-0- 15. Councilman Fish seconded the motion. Motion CARRIED 5-0. OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 706.00, "FENCES, WALLS AND HEDGES" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CHANGING 32 INCH CHAIN LINK OR NON -OPAQUE FENCE (FOR TRAFFIC VISIBILITY) TO 4 FEET; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE,AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of 90-0-16. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. dark - Mayor Mitchum read the Ordinance. Ord. 90-0-17 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE II, SECTION 11-26 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY REGULATING SOLIC- ITING AFTER DARK; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE,AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bennington moved to TABLE this until the next meeting because this ordinance doesn't address everything in her motion and she'd like to write up one and go over it with the City Attorney. Councilman Hatfield seconded the motion, if it were for the next meeting. Motion CARRIED 5-0. table. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mayor Mitchum requested nominations. Councilman Gold nominated Doris Patterson. There were no other nominations. Mayor Mitchum read the Resolution. Res.90-R- 19-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He read the name of Doris Patterson for an unexpired three year term to end June 3, 1992. Councilman Hatfield moved they accept Resolution 90-R-19. Councilman Gold seconded the motion. Motion CARRIED 5-0. of Lisa Weber - Mayor Mitchum requested nominations. Councilman Hattie Id nominated John Antienowicz. Councilman Fish nominated John Gross. Councilmember Bennington agreed with John Antienowicz for a nomination. Roll call on John Antienowicz CARRIED 4-1. Councilman Fish voted NO. Roll call on John Gross DID NOT CARRY 1-4. Councilman Fish was the sole YES vote. Mayor Mitchum read the Resolution. Res. 90-R-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BEAUTIFICATION COMMITTEE OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He inserted the name of John Antienowicz for an unexpired one year term to end June 5, 1990. Councilman Hatfield moved they accept Resolution 90-R-26. Councilmember Bennington seconded the motion. Motion CARRIED 4-1. Councilman Fish voted NO. -4- Council Regular Meeting Minutes April 16, 1990 %ho %0 Agenda - City Council of Edgewater May 7, 1990 Page two Ordinances, Public Hearings, and Resolutions First Reading: A. Ord. 90-0-17 Amending Art. II, Section 11-26 by regulating solicitations after dark (Tabled April 16, 1990) B. Ord. 90-0-18 Adopting Edgewater Comprehensive Plan C. Ord. 90-0-19 Creating Art. VII, Chapter 19, water conservation standards to comply with Volusia County requirements D. Res. 90-R-28 Adopting procedures for public participation in planning process including amendments to Comprehensive Plan E. Res. 90-R-29 Appointing two members to Parks & Recreation Board due to expiration of terms F. Res. 90-R-30 Appointing two members to Citizen Code Enforcement Board due to expiration of terms Second Reading:(Public Hearing) G. Ord. 90-0-14 Repealing Ord. 90-0-11 which regulates outdoor display and storage as recommended by Land Development & Regulatory Agency H. Ord. 90-0-15 Adopting 1990 National Electrical Code and amending City's Electrical Code as recommended by Building Trades Regulatory & Appeals Board I. Ord. 90-0-16 Amending App. A. Zoning, Section 706.00 "Fences, Walls & Hedges" by changing maximum allowable fence height on front and side yards of corner lots from 32" to 48" 8. Unfinished Business 9. Council/Officers Reports A. City Attorney B. City Manager 1) Recommendation to combine Building and Fire and Rescue Departments C. City Council 10. Questions from Press 11. Citizen Comments "PURSUANT TO CHAPTER 286, F.S., IF AN 12. Adjourn. INDIVIDUAL DECIDES TO APPEAL ANY PECI—N MADE WITH RESPECT TO ANY MATTER , , SIDERED AT A MEETING OR HEAR,NG, I� INDIVIDUAL WILL NEED A RECORD OF Tr PROCEEDINGS AND WILL NEED TO INSURE THAT ueummu arenen nr rue oonrrcniure ro 1W dark (Tabled April 16, 1990) - Councilmember Bennington stated there's a memo in their packets and after discussing this with the City Attorney who brought up several complications with legal ramifications which he and she will work out and hope to have the entire ordinance for the next agenda and she'd like the table to continue until then, or the first meeting in June. It was agreed to bring it back on the June 4th agenda. Ord. 90-0-18 Adopting Edgewater Comprehensive Plan - Mayor Mitchum read the ordinance. ORD, 90-0-18 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH THE AUTHORITY FOR THE ADOPTION OF THE COMPREHENSIVE PLAN; PROVIDING FOR THE ADOPTION OF THE EDGEWATER COMPREHENSIVE PLAN; IDENTIFYING THE CONTENTS OF THE COMPREHENSIVE PLAN; PROVIDING FOR ADMIN- ISTRATION OF THE COMPREHENSIVE PLAN, PROVIDING FOR AN ADMINISTRATIVE PROCESS FOR THE DETERMINATION OF VESTED RIGHTS; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bennington moved they accept Ordinance 90-0-18 on first reading as they're on a tight time schedule. Councilman Gold seconded the motion. Motion CARRIED 4-0. comply with Volusia County requirements - Mayor Mitcnum read this orainance. ORD. 90-0-19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ARTICLE VII OF CHAPTER 19, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, RE-ESTABLISHING ARTICLE VII, CHAPTER 19, AS WATER CONSERVATION STANDARDS, BY PROVIDING FOR DEFINITIONS; BY PROVIDING FOR DECLARATION OF WATER SHORTAGE; BY PROVIDING FOR LEVELS OF WATER CONSERVATION AND USE PROVISIONS; BY PROVIDING FOR GENERAL WATER USE PROVISIONS; BY PROVIDING FOR EXEMPTIONS; BY PROVIDING FOR VARIATIONS; BY PROVIDING FOR VIOLATIONS AND PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of Ordinance 90-0- 19. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. RES. 90-R-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING PROCEDURES FOR PUBLIC PARTICIPATION IN THE PLANNING PROCESS INCLUDING CONSIDERATION OF AMENDMENTS TO THE COMPREHENSIVE PLAN. Councilman Hatfield moved they accept 90-R-28. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. of terms - Mayor Mitchum requested nominations. Councilman Hattiela suggested they reappoint Harry Montgomery and Sharon Mooney Herrmann. All Council members agreed. Councilman Hatfield so moved. Councilmember Bennington seconded the motion. Mayor Mitchum read the Resolution. RES. 90-R-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE PARKS AND RECREATION BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He read the names of Harry Montgomery and Sharon Mooney Herrmann for three year terms to end May 17, 1993. Councilman Hatfield moved they adopt Resolution 90-R-29. Councilmember Bennington seconded the motion. Motion CARRIED 4-0. expiration of terms - Mayor Mitchum requested nominations. Councilman Gold nominated the current two members for reappointments, Delores Cucanich and John Christian. Council members concurred. Mayor Mitchum read the Resolution. RES. 90 R-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING TWO MEMBERS TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He read the names of Delores Cucanich and John Christian, Jr. for three year terms to end May 8, 1993. Councilman Gold moved for approval of 90-R-30. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. 11 Council Regular Meeting Minutes May 7, 1990 V V Agenda - City Council of Edgewater June 4, 1990 Page two C. Ord. 90-0-21 amending Chapter 161 Taxation, by deleting cable TV as a taxable item D. Ord. 90-0-22 amending Sec. 11-20, reducing excise tax on insurance companies from 18 to .85% E. Ord. 90-0-23 amending budget ordinance F. Ord. 90-0-24 amending Charter, Chapter 27532 of Florida Special Acts of 1951, as amended, to clarify City's power to issue bonds under General State Law in lieu of specific provisions of its Charter G. Ord. 90-0-25 adopting floodplain management regulations to comply with National Flood Insurance Program Unfinished Business A. Consider changing agenda closing date B. Ord. 90-0-17 Amending Art. II, Section 11-26 by regulating solicitations after dark (Tabled April 16 and table continued May 7, 1990) Council/Officers Reports A. City Attorney B. City Manager C. City Council 10. Questions from Press 11. Citizen Comments 12. Adjourn. "PURSUANT TO CHAPTER 286. F.S., IF AN INDIVIDUAL DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CON- SIDERED AT A MEETING OR HEARING, THAT INDIVIDUAL WILL NEED A RECORD OF THE PROCEEDINGS AND WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE' ORDINANCES PUBLIC HEARINGS AND RESOLUTIONS (Continued) Second Readina: Public Hearin Ord. 90-0-25 Continued "STANDARDS FOR STREAMS WITHOUT ESTABLISHED BASE FLOOD ELEVATIONS AND/OR FLOODWAYS", CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments and there were none. Mayor Mitchum requested a motion to go from public hearing back to the regular meeting. Councilman Hatfield so moved. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Ord. 90-0-20 - Councilman Gold moved for approval of Ordinance 90-0-20. Council - member Bennington seconded the motion. Motion CARRIED 5-0. There was discussion regarding the permit for Mr. Morgan's yard sale. City Attorney Alvarez agreed if an administrative direction had been made prior to the ordinance, it would be sufficient. Mayor Mitchum advised Mr. Morgan to come in the next day to pick it up. Ord. 90-0-21 - Councilman Fish moved to accept 90-0-21. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 90-0-22 - Councilman Gold moved for approval. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 90-0-23 - Councilman Hatfield moved they adopt Ordinance 90-0-23. Council - member Bennington seconded the motion. Motion CARRIED 5-0. Ord. 90-0-24 - Councilmember Bennington moved they adopt 90-0-24. Councilman Gold seconded the motion. Motion CARRIED 5-0. Ord. 90-0-25 - Councilmember Bennington moved they adopt 90-0-25. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Consider changing agenda closing date - Mr. Johnson stated Councilman Fish asked this be placed on the agenda for discussion and it presently is Wednesday preceding the Monday night meeting. He added there have been some exceptions because of information coming from bond attorneys, but staff can do whatever Council directs. Councilman Fish said they get the packets on Thursday or Friday and don't have enough time to go over it when it's voluminous and if they want to talk to someone it's hard to contact people over the week end. He added he'd like it a couple of days sooner and would like Council's input. Mr. Johnson suggested Tuesday deadline and get it Wednesday or have it remain at Wednesday and deliver it to Council's homes, which a lot of cities do, for Thursday. Councilman Hatfield suggested a Monday deadline to give them a full week and get them Tuesday evening or Wednesday at the latest. Councilmember Bennington agreed it's sometimes difficult if you have questions of people and she'd like a Monday cut off and have it be Wednesday to give them Thursday, Friday, and Monday besides the week -end. Mr. Johnson asked if they'd make adjustments for holidays. Councilman Fish agreed they would. There was more discussion about time needed for copying. Mr. Johnson stated if they want to go with Monday, they could have Tuesday to put it together and distribute it Wednesday. Mayor Mitchum requested the City Attorney to bring a resolution to have it for Monday night and to allow for a holiday on Monday to extend it to Tuesday. Councilmember Bennington said they don't have to deliver it if they're going to have it that early. Council members agreed. seconded the motion. Motion CARRIED 5-0 Councilmember Bennington stated she'd originally thought this ordinance would be simple to enact but discovered there are complications and the idea was to limit solicitation hours and have control over it as she'd had calls from people about people knocking on their doors after dark. She added the original Council Regular Meeting Minutes June 4, 1990 VF UNFINISHED BUSINESS (Continued) Ord. 90-0-17 Continued) ordinance doesn't address all the sections of the Codes that address soliciting and there's no provision if someone was caught violating the ordinance and she feels penalties should be included in it, such as going before Citizen Code Enforcement Board or if it's a criminal offense. She asked Council's ideas and if they want to proceed with it or drop it. Mayor Mitchum agreed the sample she'd provided could make a good ordinance and he suggested it go back to the City Attorney and he'll bring back one for discussion they can make changes on and then they can finalize it and have first reading later. No Council member objected to his suggestion. COUNCIL/OFFICERS REPORTS City Attorney - Mr. Alvarez stated there are two minor items with the purchase of the School Board property, one is the title search showed the Trustees of the Internal Improvement Fund of the State have an interest in all phosphate minerals and metals in the subject project and he's asked the School Board to petition the State for a release of that interest. He explained in the past they've closed even though there were mineral rights involved and it's a situation of using it for a park. He said the second item is a minor encroachment on the corner of the property and they're looking into that to see if it's worthwhile to go through whatever's necessary to have it removed or leave it alone. Mayor Mitchum asked what the encroachment is. Mr. Johnson replied it's a corner on the east side of the ditch and we wouldn't be involved there and it's a swimming pool behind a row of apartments. City Attorney Alvarez showed on a plat where it's located. Councilmember Bennington expressed concern there might be an eagle's nest on the property and asked if it's been verified there was no endangered species. Mr. Johnson replied he'd walked through and there's a track cut through the property and didn't find any eagles nests but they'll check it again to make sure none have moved onto the property. He noted they can relocate tortoises and others, but not eagles. City Manager - Mr. Johnson had no report at this time. City Council Councilmember Bennington asked the status of Turgot Avenue. Mr. Johnson replied they sent the application to the State and to St. John's and will send an amendment and the permit is being processed for the retention on Turgot. Councilmember Bennington asked about bike paths. Mr. Johnson replied they're waiting for the report and they saw the preliminary drawing. Councilmember Bennington stated that Ron Ferland said there's no reason they couldn't have it for this meeting and he just needed spec's. She moved they have the engineers get it to them for the next meeting. Mr. Johnson requested to have one more meeting as the engineer will be on board next week and they can look at with Carl Overstreet and see if they're happy with it. He added they could have a workshop if Council wishes. He stated he'd promised it will be done by November 1st when school starts and it will be. Councilmember Bennington said they've asked for plans and she'd like Council to see what she saw. Mr. Johnson explained those were very preliminary and it won't be a permanent bike path. Councilmember Bennington disagreed, saying it wasn't that preliminary and it just needed spec's. Mr. Johnson apologized that the engineer said they'd be at this meeting, but the engineer's on vacation. Councilmember Bennington said Council deserves to see the plans and have the same courtesy she had. She added they haven't decided to go out for bids or do it in house and she didn't know it's locked in. She asked Council's opinion since it's been since February. Mayor Mitchum agreed with both comments, saying he understands the delay and suggested they give him time to get the engineer on staff but make it his first priority and it looks like they haven't done anything on the bike paths. Councilmember Bennington suggested they could have a special meeting after he comes on board. Councilman Hatfield suggested they get a status report from the City Manager at the next meeting and if they feel they can make a presentation at that time, that would be fine, and if not, a date when they can. He added he wants to give the engineer ample time to check it out and doesn't want to make a mistake his first week because they're rushing him. Mayor Mitchum suggested it be the first meeting in July. Councilman Hatfield agreed. Mr. Johnson agreed if they get it earlier, they'll bring it to Council. Councilman Fish stated he understands both positions but would like a progress report even if it's a rough drawing. Council Regular Meeting Minutes June 4. 1990