07-15-2002
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Voting Order
Cowicilwoman Ucluer
Mayor Schmidt
Councillnan Brown
Councibnan Vincenzi
CoWlCilM 'Oman Rhodes
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
July 15, 2002
7 :00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular Meeting of June 24, 2002
B. Special Meeting of July 8, 2002
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
A. Recognition of appointed/reappointed Board and Committee members,
B. Presentation of Edgewater Business CD by Steve Dennis, Executive Director,
Southeast Volusia Chamber of Commerce.
C. Presentation by Pet Society Inc.
4. CITIZEN COMMENTS
(This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or less.)
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
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Res. No. 2002-R-I2, Luis Geil, authorized agent for John R. and Eugenia
Browning, requesting abandonment/vacation of a right-of-way being 50 feet
wide by approximately 165.54 feet in length known as the 19th Street right-of-
way extending between the westerly right-of-way line of Hibiscus Drive to
the easterly right-of-way line of a 15 foot alleyway. (Continued from June 3,
2002, item 6.C.)
Res. No. 2002-R-15, Cindy Lovell is requesting vacation/abandonment of a
right-of-way being 50 feet wide by 125:t feet located at 23rd Street between
two parcels owned by applicant. (Pulled from June 24,2002, item 6.E., at the
request of applicant.)
2nd Reading, Ord. No. 2002-0-12, Amend Chapter 11 (Occupational
Licenses, Taxes and Regulations) of Article I (General) by amending Section
11-7 (Administrative fees; application fees; inspection fees) and Section 11-8
(License Tax Schedule) of the Code of Ordinances.
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7. BOARD APPOINTMENTS .
A. Planning and Zoning Board - Mayor Schmidt's appointment to fill the
expired term of Kristine Pluscec. (Continued from June 3,2002, item 7.B.),
B. Economic Development Board - Councilman Vincenzi's appointmentto fill
the expired term of Adelaide Carter. She has requested reappointment.
(Continued from June 24, 2002, item 7.A.2)
8. CONSENT AGENDA
Items on the consent agenda are defined as routine in 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 Council member.
None at this time.
continued on page 2
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City Council Agenda
July 15,2002
Page -2-
9. OTHER BUSINESS
A. Setting of Millage Rate - staff recommending approval to advertise the
millage for fiscal year 2003 at 6.95 mills.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
12. ADJOURN.
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is before
Council. Please state your name and address, and please limit your comments to five
minutes or less.
2) All items for inclusion on the August 5, 2002, agenda must be received by the City
Manager's office no later than 4:30 p.m. Monday, July 29, 2002.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered
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.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings
should contact City Clerk Susan Wadsworth, 386-424-2407, prior to the meeting.
:ejrn
F:\agendas\071502.reg
Main Identity
From: Kitten Jones <kitten3912@cfl.rr.com>
To: <CityManager@cityofedgewater. org>; <CityAttorney@cityofedgewater.org>;
<District4@cityofedgewater.org>; <District3@cityofedgewater.org>;
<District2@cityofedgewater.org>; <District1 @cityofedgewater.org>;
<Mayor@cityofedgewater.org>
Sent: Thursday, July 11, 2002 1 :24 AM
Subject: Concerning Edgewaters stray animals
At a recent meeting concerning the problems with Southeast Vol usia
Humane Society, and the subsequent severing of ties with same, I offered
to house the stray animals for the required five day holding period at
no cost to the city.
The only assistance I requested was that the city furnish chain link
fencing and the hardware to build the necessary holding pens.
After some discussion there was some concern about county ordinances.
The animal control supervisor was to assist in getting a clarification
of zoning and ordinances for a proposed temporary holding facility. At
this time I have not been notified of any decision.
That notwithstanding I have been accepting the animals from Edgewater
Animal Control, housing them for the required five days, and then
finding either permanent homes, foster homes, or rescue for them. To
date I have taken in 26 animals. The city, even though they have not
officially accepted my offer, has no other place to send these animals.
I read, in the newspaper, that the city is planning to build their own
holding facility on Park Avenue and was VERY pleased that they had not
gone crawling back to Southeast Volusia Humane Society. Past experience
with SEVHS has proven to be catastrophic for the animals. I pray that
you will not even consider resuming a relationship with them and will
move forward in providing a place for Edgewaters animals.
May I ask when these new holding pens will be ready? Has construction
begun?
The planned kennels would relieve me of some of the responsibility for
the animals that have been impounded
by animal control in the past few weeks. Since I only have so much room
to house these animals, and did not get the needed fencing, my shelter
has been full to overflowing ever since ties were broken with SEVHS.
I am finding it more and more difficult to continue with this
arrangement as the days and weeks go by.
The future of Edgewaters homeless, abandoned, and unwanted animals is in
your hands. These animals do not have a voice. They must depend on you
for their care and well-being.
Page 1 of2
7/11/U2
Page 2 of2
God bless you,
Kitten and all the fuzzbutts
Please visit the Lighthouse web sites
http://www.geocities.com/savem3912
http://www.petfinder.org/shelters/FL23.html
God has "dominion" over man.
He gave man "dominion" over the animals
Shouldn't we treat them like we want God to treat us?
Frances "Kitten" Jones
Lighthouse Animal Rescue & American Eskimo Rescue
Edgewater, Florida
Phone 386-345-3909
C.U.R. # 339
"Old age ain't no place for sissies. "-Bette Davis
7/11/U2
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AGENDA REQUEST
Date: July 1. 2002
PUBLIC
HEARING X
BOARD
APPOINTMENT
ORDINANCE
OTHER
BUSINESS
RESOLUTION
CONSENT
ITEM DESCRIPTION:
Resolution No. 2002-R-13
Luis Geil, authorized agent for John R. and Eugenia
Browning, requesting AbandonmentIV acation of a right-of-
way being 50 feet wide by approximately 165.45 in length
known as the 19th Street right-of-way extending between
the westerly right-of-way line of Hibiscus Drive to the
easterly right-of-way line ofa IS-foot alleyway
BACKGROUND: The subject site is an unimproved shell road, which is used to grant access to
the properties abutting it. The Browning's own the parcels on either side of this right-of-way.
The City left several streets unopened to be used as a part ofthe overall stormwater management
system. 19th street is one of these unopened streets. This item was tabled at the May 13,2002
Council meeting.
PROPOSED USE: The applicant proposes to pave the subject property and use it to access the
adjoining parcels. Additionally, the City would be granted an easement to access the drainage
system presently crossing the property.
LOCA TI ON: 19th Street right -of-way extending between the westerly right -of-way line of Hibiscus
Drive to the easterly right-of-way line ofa 15-foot alleyway.
AREA: .19:f: acre
CURRENT LAND USE: Right-ofway (shell drive).
FLUM DESIGNATION: Commercial
WNING DISTRICT: B-2 (Neighborhood Business)
VOTING DISTRICT: 2
E:\council agenda\AB-020 I-Geil-Browning-Hibiscus@19th - tabled.doc.pmd
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SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
Commercial Commercial B-2 (Neighborhood
North Business)
East FEC Railroad FEC Railroad FEC Railroad
Commercial Commercial B-2 (Neighborhood
South Business)
Unimproved Commercial B-2 (Neighborhood
West Right-of- Way Business)
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ANALYSIS
Land Use Compatibility: The proposed use is compatible with the surrounding commercial
properties.
Adequate Public Facilities: The property is an unopened City public Right-of-Way and a
proposed Florida Power & Light easement (1254:i: sq. ft.) runs through it. FP&L does not object
to the vacation of the right-of-way.
Natural Environment: There are no known environmental issues associated with this property. U
Other Matters: Per Section 21.99.02 of the City of Edge water Land Development Code, staff
has prepared findings offact addressing the following:
1. The consistency with the Comprehensive Plan's Objectives and Policies.
Vacation/abandonment of the section of the stormwater system is not consistent
with the Comprehensive Plan. Objective 1.3 of the Comprehensive Plan's
Utilities element/Stormwater Sub-element states that the city will provide proper
operation and maintenance of existing and future stormwater management system
facilities to ensure optimum system performance.
2. The effects, if any, on any planned or programmed expenditures of any public
agency.
There are currently no plans to further utilize this section of the city's stormwater
system, however, it is foreseeable that expansion may be required in the future.
3.
An assessment of the effects on adjacent property.
The applicants own abutting property on both sides and would benefit from
vacation/abandonment of this right-ol-way.
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4. A description ofthe adjacent land uses, zoning and site. development criteria.
See Surrounding Area section of this report
E:\council agenda\AB-020 I-Geil-Browning-Hibiscus@l9th - tabled.doc.pmd
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5. Other appropriate information.
The applicant wishes to grant the city an easement for stormwater management.
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6.
Certification that the current taxes have been paid.
Property is a City right-aI-way, which incurs no taxes.
STAFF RECOMMENDATION:
This unopened street is an active part of the City's overall stormwater management system. The
Technical Review Committee voted to recommend denial of this request. At the May 8,2002
Planning and Zoning Board meeting the Board voted 6-0 to recommend City Council deny the
request for vacation/abandonment for the subject site.
ACTION REQUESTED:
Motion to deny Resolution No.2002-R-13.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
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DATE:
YES --X-
5/13/02 (TABLED) AGENDA ITEM NUMBER: 6C
NO
PREVIOUS AGENDA ITEM:
Respectfully Submitted By:
~ ~~\U~ ~>rerJ
Darren Lear
'<) Chief Planner
~rrnlA .
Robin Matusick ~
Legal Assistant
~'--'~ ~.. \\OQ~~ '-\ V.
Kenneth R. Hooper \ 0
City Manager
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E:\council agenda\AB-020 I-Geil-Browning-Hibiscus@19th - tabled.doc.pmd
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GRANTINGIDENYING
RESOLUTION NO. 2002-R-13
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA, GRANTING OR DENYING THE ABANDONING
AND V ACA TING OF A PORTION OF AN UNOPENED
RIGHT OF WAY LOCATED AT 19TH STREET, A 50 FOOT
RIGHT-OF-WAY, LYING NORTHERLY OF AND ADJACENT
TO LOT 519, BLOCK 18 AND LYING SOUTHERLY OF AND
ADJACENT TO LOT 520, BLOCK 19; FLORIDA SHORES
UNIT NO.2, AS FURTHER DESCRIBED IN EXHIBITS A
AND B; PROVIDING FOR RECORDATION; PROVIDING
FOR SEVERABILITY; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH AND ESTABLISHING AN
EFFECTIVE DATE.
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WHEREAS, the City Council of the City of Edgewater desires to abandon and vacate the
a portion of an unimproved, unopened right-of-way located at 19th Street, a 50 foot right-of-way,
lying Northerly of and adjacent to Lot 519, Block 18, and lying Southerly of and adjacent to Lot 520, 0
Block 19; Florida Shores Unit No.2; and
WHEREAS, Louis Geil, the applicant on behalf of John R. and Eugenia Browning, have
complied with the provisions of Chapter 21 (Land Development Code), Article IX (Application
Procedures), Section 21-99 regarding the provision of certain information in connection with the
application; and
WHEREAS, pursuant to Section 21-99.02 (Procedures) of the Land Development Code of
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
Hearing before the City Council was provided by regular mail to owners of real property abutting
the Roadway and all owners of the property within three hundred (300) feet in all directions of the 0
Roadway; and
2002-R-13
1
,;.
WHEREAS, pursuant to Section 21-99.02 (Procedures) of the Land Development Code of
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
Q
Hearing was published one (1) time in a newspaper of general circulation in the City of Edgewater
by an advertisement that was published in the Observer on Friday, May 17,2002; and
WHEREAS, pursuant to Section 21-99.02 (Abandonments) of the Land Development Code,
a sign setting forth notice of the public hearing before the City Council was posted upon the
Roadway; and
WHEREAS, the City Council of the City of Edgewater finds that said application and
supporting documents are in accordance with the requirements of Chapter 21 (Land Development
Code), Article IX (Application Procedures), Section 21-99 (Abandonments) and that the requested
action is consistent with the City of Edgewater Comprehensive Plan.
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NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Authority. The City Council of the City of Edgewater has the authority
to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, and Article IX (Application Procedures) of Chapter 21 (Land
Development Code) of the City of Edge water.
Section 2.
Abandonment and Vacation of the Roadway.
The City Council of the
City of Edge water, Florida, hereby abandons, vacates and renounces any rights in and to the portion
of unopened, unimproved right of way located at 19TH Street, a 50 foot right-of-way, lying Northerly
o of and adjacent to Lot 519, Block 18, and lying Southerly of and adjacent to Lot 520, Block 19;
Florida Shores Unit No.2 as further described in Exhibits "A" and "B". See Exhibit "A" and
2002-R-13
2
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Exhibit "B" for further legal description and sketch of subject property.
Section 3. Recordation. A certified copy of this Resolution shall be filed with the
V olusia County Property Appraiser and duly recorded among the Public Records of V olusia County,
Florida.
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Section 4.
Severability. If any section, subsection, sentence, clause, phrase or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5.
Effective Date.
This Resolution shall become effective immediately
upon passage and adoption.
After Motion by
and Second by
the vote on this resolution was as follows to grant or deny the abandoning and vacating of the
subject property:
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AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
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2002-R-13
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
2002-R-13
day of
,2002.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council during the
Council meeting held on the day of
, 2002 under
Agenda Item
4
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AGENDA REQUEST
Date: July 8. 2002
PUBLIC
HEARING X
RESOLUTION 7-15-02
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Resolution No. 2002-R-15
Cindy Lovell is requesting vacation/abandonment of a
right-of-way being 50-feet wide by approximately
125-feet in length. The subject site lies between two
parcels which are owned by the applicant.
BACKGROUND
The Planning and Zoning Board voted unanimously at their June 12,2002 meeting to send an
unfavorable recommendation to City Council for the above referenced abandonment/vacation.
OWNER: City of Edgewater
APPLICANT: Cindy Lovell
CURRENT USE: Vacant right of way
PROPOSED USE: The applicant proposes no change in use of this property
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Desi2nation
North Single Family Residence Low Density Residential R-2 (Single Family
Residential)
East Single Family Residence Low Density Residential R-2 (Single Family
Residential)
South Vacant Low Density Residential R-2 (Single Family
Residential)
West Vacant Volusia County (Urban Volusia County (A-3
Low Intensity) Transitional Agriculture)
Lovell
Created by bonnie
)
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ANALYSIS:
Land Use Compatibility: The proposed use is compatible with the surrounding residential
properties.
Adequate Public Facilities: The property is an unopened City right-of-way which is used as
part of the City's Storm water Management System
Other Matters: Per Section 21-99.02 of the Land Development Code, staff has prepared findings
of fact addressing the following:
1. The consistency with the Comprehensive Plan's Objectives and Policies.
Vacation/abandonment of the section of the storm water system is not consistent with the
Comprehensive Plan's Utilities element/ Stormwater sub-element which states that the
City will provide proper operation and maintenance of existing andfuture stormwater
management system facilities to ensure optimum system performance.
2. The effects, is any, on any planned or programmed expenditures of any public agency.
There are currently no plans to further utilize this section of the City's stormwater
system, however, it is foreseeable that expansion may be required in the future.
3. An assessment of the effects on adjacent properties.
The applicant owns abutting property on both sides and would benefit from
vacation/abandonment of this right-ol-way.
4. A description of the adjacent land uses, zoning and site development criteria.
See surrounding area section of this rep.ort.
5. Other appropriate information.
The Technical Review Committee voted unanimously to deny vacation/abandonment of
this right-ol-way. Besides being an active part of the City's storm water management
system, it provides access to the canal system to the west and could potentially provide
ingress/egress to property located west of the applicants lots.
6. Certification that the current taxes have been paid.
Property is a City right-ol-way, which incur no taxes.
Lovell
Created by bonnie
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STAFF RECOMMENDATION
Based upon the denial of the Technical Review Committee and recommendation from the Planning
and Zoning Board, staff recommends denial Resolution 2002-R-15, the vacation/abandonment of a
right-of-way being 50-feet wide by approximately 125-feet in length, located on 23rd Street, west of
Silver Palm Drive.
MOTION
Motion to deny Resolution 2002-R-15, the vacation/abandonment of a right-of-way being 50-feet
wide by approximately 125-feet in length, located on 23rd Street, west of Silver Palm Drive.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
DATE:
NO X
AGENDA ITEM NO.
Respectfully Submitted By:
ili~M cflgOh
Darren Lear
Chief Planner
~
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Robin Matusick ~
Legal Assistant
Lovell
Created by bonnie
3
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Kenneth R. Hooper \ 0
City Manager
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GRANTINGIDENYING
RESOLUTION NO. 2002-R-15
A RESOLUTION OF THE CITY OF EDGEW A TER,
FLORIDA, GRANTING OR DENYING THE ABANDONING
AND VACATING OF A PORTION OF AN UNOPENED
RIGHT OF WAY LOCATED AT 23rd STREET WEST OF
SILVER PALM DRIVE, A 50 FOOT BY 125 FOOT RIGHT -OF-
WAY, LYING WESTERLY OF SILVER PALM DRIVE,
LYING SOUTHERLY OF LOT 11395, BLOCK 367; AND
ALSO LYING NORTHERLY OF LOT 11770, BLOCK 380,
FLORIDA SHORES NO. 16, AS FURTHER DESCRIBED IN
EXHIBITS A AND B; PROVIDING FOR RECORDATION;
PROVIDING FOR SEVERABILITY; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater desires to abandon and vacate the
a portion of an unimproved, unopened right-of-way located at 23rd Street, a 50 foot right-of-way,
lying Westerly of Silver Palm Drive, lying Southerly of Lot 11395, Block 367, Florida Shores No.
15, and also lying Northerly of Lot 11770, Block 380, Florida Shores No. 16; and
WHEREAS, Cindy Lovell, the applicant, has complied with the provisions of Chapter 21
.
(Land Development Code), Article IX (Application Procedures), Section 21-99 regarding the
provision of certain information in connection with the application; and
WHEREAS, pursuant to Section 21-99.02 (Procedures) of the Land Development Code of
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
Hearing before the City Council was provided by regular mail to owners of real property abutting
the Roadway and all owners of the property within three hundred (300) feet in all directions of the
Roadway; and
2002-R-15
1
J
WHEREAS, pursuant to Section 21-99.02 (Procedures) of the Land Development Code of
the City of Edgewater, and the requirements contained in the Florida Statutes, a Notice of Public
u
Hearing was published one (1) time in a newspaper of general circulation in the City of Edgewater
by an advertisement that was published in the Observer on Friday, June 7, 2002; and
WHEREAS, pursuant to Section 21-99.02 (Abandonments) of the Land Development Code,
a sign setting forth notice of the public hearing before the City Council was posted upon the
Roadway; and
WHEREAS, the City Council of the City of Edgewater finds that said application and
supporting documents are in accordance with the requirements of Chapter 21 (Land Development
Code), Article IX (Application Procedures), Section 21-99 (Abandonments) and that the requested
o
action is consistent with the City of Edgewater Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Authority. The City Council of the City of Edgewater has the authority
to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida and
Chapter 166, Florida Statutes, and Article IX (Application Procedures) of Chapter 21 (Land
Development Code) of the City of Edgewater.
Section 2.
Abandonment and Vacation of the Roadway.
The City Council of the
City of Edge water, Florida, hereby abandons, vacates and renounces any rights in and to the portion
of unopened, unimproved right of way located at 23rd Street, a 50 foot right-of-way, lying Westerly
o of Silver Palm Drive, lying Southerly of Lot 11395, Block 367, Florida Shores No. 15, and also lying
Northerly of Lot 11770, Block 380, Florida Shores No. 16, as further described in Exhibits "A" and
2002-R-15
2
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"B". See Exhibit "A" and Exhibit "B" for further legal description and sketch of subject
property.
Section 3.
Recordation. A certified copy of this Resolution shall be filed with the
V olusia County Property Appraiser and duly recorded among the Public Records of V olusia County,
Florida.
Section 4.
Severability. If any section, subsection, sentence, clause, phrase or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately
upon passage and adoption.
After Motion by
and Second by
the vote on this resolution was as follows to grant/deny the abandoning and vacating of the subject
property:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
2002-R-15
3
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
2002-R-15
day of
,2002.
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council during the
Council meeting held on the day of
, 2002 under
Agenda Item
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AGENDA REQUEST
Date: July 10. 2002
Q
PUBLIC
HEARING X
BOARD
APPOINTMENT
RESOLUTION
ORDINANCE 07/15/02
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Ordinance No. 2002-0-12
Amend Chapter 11 (Occupational Licenses, Taxes,
and Regulations) of Article I (General) by amending
Section 11-7 (Administrive Fees, Application Fees,
and Inspection Fees) and 11-8 (License Tax Schedule)
of the Code of Ordinances.
BACKGROUND:
o
In 1994, the City established an Equity Study Commission in an effort to comply with the criteria
contained in Section 205.0535, Florida Statues. Staff detennined that City occupational license taxes
had not been modified since1994 and that a comparison of surrounding municipalities reflected that
fees with the 5% increase would still be lower that the majority of fees charged by other cities.
Therefore, Council approved Ordinance # 2000-0-10 on April 17, 2000, which revised the rate
structure.
Pursuant to State Statutes, municipalities have the option to increase, by ordinance, the rates ofloca1
occupational license taxes by up to 5 percent, every other year. In order for these changes to take
affect, Council must approve them by a majority plus one vote.
On July 8, 2002, Council held 1 st reading on this Ordinance and recommended changes to Section 11-
7. Section 11-7 will now reflect administrative fees, application fees and inspection fees relating to
occupational licenses.
STAFF RECOMMENDATION:
o Staff recommends that Council consider approval of Ordinance 2002-0-12.
ACTION REQUESTED:
Motion to approve Ordinance 2002-0-12.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
,f~
YES ~_
NO
DATE:
7/8/02
AGENDA ITEM NUMBER: I a
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Robin Matusick
Legal Assistant
,//~
Kenneth R. Hooper
City Manager
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ORDINANCE NO. 2002-0-12
AN ORDINANCE DELETING SECTION 11-7
(CERTIFICATES OF COMPETENCY REQUIRED FOR
CERTAIN OCCUPATIONS, FEES) AND REPLACING WITH
SECTION 11-7 (ADMINISTRATIVE FEES; APPLICATION
FEES, INSPECTION FEES); AMEND SECTION 11-8
(LICENSE TAX SCHEDULE); CHAPTER 11
(OCCUPATIONAL LICENSES, TAXES, AND
REGULATIONS) OF ARTICLE I (GENERAL) OF THE CODE
OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
CODIFICATION, AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1.
Pursuant to Section 205.0535, municipalities may increase the rates of occupational
license taxes by up to five percent (5%) every other year by no less than a majority plus one vote of
the City Council.
2. Occupational License Fees/Taxes were last increased in 2000.
3. The revised rate structure is more equitable than the existing rate structure.
NOW THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A. DELETION OF EXISTING SECTION 11-7 (CERTIFICATES
OF COMPETENCY; REQUIRED FOR CERTAIN OCCUPATIONS, FEES)
AND REPLACEMENT OF SECTION 11-7 (ADMINISTRATIVE FEES;
APPLICATION FEES, INSPECTION FEES) OF ARTICLE I (GENERAL) OF
CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES AND
REGULATIONS) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA
Stltlck tluough passages are deleted.
Underlined passages are added.
2002-0-12
1
Section 11-7 is deleted as follows:
See 11-7.
eel tificafes of competency, 1 equir ed fOI eel fain occupatioHs, fees.
(a) All indi v iduals 1 equi1 cd by tk Code of 01 dil1allces to dcnlonstI ate qualificatiol1s as a
P1Clcquisite to cllgagilig in a1(Y busil1cSS 01 occupation v.ithin the city, il1cluding, but 110t lilllited to,
plUlllbGls al1d electlicians (who ale lilcl1tiolicd klei11 f'Ol pUlposes of illustlation), alc heleby
lcquiled to obtaill a cel tificate of compctclley, wllelGUpol1 the licellse sllall be issued by tk city clelk
aftCl payment oftk lequiled f'Ce and upon plescntatiOlI by the applicant of sat is facto 1)' evidcl1cc.
u
(a) That he meets alllequi1ements of the Code of Oldinanees wllich alC applieablc to
such business, proIT,ssion Ol occupation.
(b) That he has paid the applicable GUn ent occupational license tax to alld holds a cun ent
occupationallicensc tax to alld holds a "Uircnt oeeupationallieem;e issued by a city
01 county 01 both, as the easc may bc, whele he maintains a pelmanent business
location Or blanch office, unlcss no such taxcs ale levied by such city and COUilty.
(b) A certificate of competency is lequiH:d as a prelequisite to engaging in any such business,
plofession Ol occupation without 1egald to whcthcl the person sceking to ellgage in such business,
plofession 01 occupation is lequired to pay an oCGUpationallicense tax to the city. Anllual fces fOt
the cost of issuing each certificate of competency shall be paid by the applicants fOl the valious
classifications as follows.
()
Gener al contractor............ ............... ..... ......................... ...................
Duilding contlactoI.... ............. ................................................ ... .......
Residential contI actOl.. ............... ... ........... ............................ ............
rvlastCl elcctt ieian..............................................................................
JOUiney nlan elect! ieian.......... .... ............... ...'... ..... ...... .............. .........
t~con seI v ieclllan......... ......... ....................... ..................... ................
rvlastcr plulnbe1.................................................................................
Jomney Inan pluInbcI...................... ........................................ ...........
Mechanical contractor, A, D, C.........................................................
JOUllleynlan l{leehanieal installcl and D contlaetols.........................
Sheet metal conti actol.......................................................................
Roofing contractol............. ..... ....... .............. .....................................
S w inrming pool contI actor....... ..... .............. .....................................
Well and pump contractoI.. .......... ........... ................... .............. ........
Gas pipillg contractol........................ ...............................................
$12.00
12.00
12.00
12.00
7.00
7.00
12.00
7.00
12.00
7.00
12.00
12.00
12.00
12.00
12.00
It shall be. ulila w ful f"Ol allY indi v idual to cllgage. in any SUell busincss, profession 01 0
Struck tlnough passages are deleted.
Underlined passages are added.
2002-0-12
2
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occupation without complying \/vith the provisions hCICOf.
Section 11-7 is replaced as follows:
Sec. 11-7.
Administrative Fees: application fees. inspection fees.
Due to additional services provided by the City departments relating to the issuance of
occupational licenses. the City shall administer the following administrative fees in an amount
stipulated below:
(ill License application fee. An applicant for an occupational license shall submit
a completed application and a $20.00 non-refundable fee. Upon acceptance of a completed
application. the application shall be forwarded to the Planning Department for processing and
approval upon satisfaction of all requirements. including. but not limited to: the Department of Fire
Rescue Services and Environmental Services for inspection and compliance with the fire and safety
codes and utility requirements. No occupational license shall be issued until said applicant has
furnished the city with their state sales tax number. as required by law. All applications for
occupational licenses shall be submitted on the appropriate form as approved by the City.
ili) Reinstatement fee. Any business/person who holds an occupational license that
results in an expiration. revocation or suspension shall be charged a $30.00 administrative fee for
the reinstatement of the occupational license in addition to all required annual fees and other
delinquency charges.
(D Inspection fees. Any business applying for an occupational license or any
applicant applying for a transfer ofthe license from one location to another. shall have an inspection
pursuant to the requirements of the City. This inspection shall take place prior to the issuance of the
occupational license. to ensure compliance with the codes. This fee shall be paid prior to issuance
of an occupational license. The following fees shall be imposed for inspection services related to
commercial and home occupational licenses:
ill Fire inspection fees - businesslcommercial. Inspections required by federaL
state or other agencies. These inspections occur annually and include. but are not limited to any
commercial business location. relating to an occupational license:
Occupancy Type Annual Fee Amount
Business/Commercial
0- 3.000 sq. ft $20.00
3.001 - 30.000 sq. ft. $35.00
St! uck thtough passages are deleted.
Underlined passages are added.
2002-0-12
3
30,001 + sq. ft. $50.00
Mercantile
o - 3,000 sq. ft. $20.00
3,001 - 30,000 sq. ft. $35.00
30.001 + sq. ft. $50.00
Assembly
50 - 300 persons $20.00
301 - LOOO persons $35.00
LOOl + persons $50.00
Industrial
3,000 - 20,000 sq. ft. $30.00
20,001 - 60,000 sq. ft. $40.00
60,001 + sq. ft. $50.00
Storage
Storage buildings (300 - 10.000 sq. ft.) $25.00
Storage buildings (10.001 and up sq. ft. ) $50.00
Rental units under 300 sq. ft. . Exempt
ill Fire inspection fees - home occupational licenses. Inspections required by
federaL state or other agencies relating to home occupational licensing shall be a one time inspection
upon submittal of the occupational license application and prior to issuance of the license. as listed
below:
Initial inspection...................................................... $ 20.00
ill Environmental services inspection fees - backflow devices. Backflow device
inspections will conducted by the Department of Environmental Services and shall occur on an
annual basis. These inspections shall include, but are not limited to any commercial business
location, relating to an occupational license and shall be in an amount listed below:
Stt tick till ougll passages are deleted.
Underlined passages are added.
2002-0-12
4
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Initial inspection......................................... ............. $ 10.00
(1) Reillspectioll fees. Anv inspection trip made necessary by the responsible
party or representative's failure to appear, shall in addition to any other fees, be charged an additional
processing fee in the amount of$15.00.
PART B. AMENDMENT OF SECTION 11-8 (LICENSE TAX
SCHEDULE) OF ARTICLE I (GENERAL) OF CHAPTER 11
(OCCUPATIONAL LICENSES, TAXES AND REGULATIONS) OF THE
CODE OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA
Section 11-8 is amended to read as follows:
Section 11-8. License tax schedule.
The amount of the occupational license tax hereby levied for the privilege of engaging in or
managing any business, profession or occupation within the city, pursuant to section 11-1 is set forth
in the following schedule. Whenever any business, profession or occupation shall fall into more than
one of the classifications contained in this schedule, the person engaging therein shall be required
to pay the tax required for each classification.
The following annual, except as otherwise stated, designated license taxes shall be paid to
the city by persons, engaging in or managing or transacting the following businesses, occupations
or profession within the city:
1)
2)
Abstract or Title Company $
Accommodations for rent, apartments, motels, motor
courts, cottages, hotels, boardinghouses
a) 1 to 2 rental units
b) 3 to 10 rental units
c) 11 to 20 rental units
d) 21 to 30 rental units
e) 31 to 40 rental units
f) Each additional unit
9-&:75
82.69
nfc
Z6:Z5
5Z:5e
9-&:75
105.00
Z+:OO
27.56
55.13
82.69
110.25
22.05
License must be taken out for all rental units whether used or unused.
(Does not permit dining room without restaurant license).
3)
4)
Addressing, mailing or duplicating
Advertising agency or trade inducement company
%:-T5
63-:00
38.59
66.15
StI uc.k tht ough passages are deleted.
Underlined passages are added.
2002-0-12
5
5) Agents or agencies:
a) Collection Agency 9-8:75 82.69
b) Credit reporting 5Z-:-5B 55.13 (.)
c) Booking agents 5Z-:-5B 55.13
d) Employment 5Z-:-5B 55.13
e) Private detective, detective agency
(must register with police department) 9-8:75 82.69
f) Travel agents 9-8:75 82.69
g) Security agency 9-8:75 82.69
h) MOltgage Broker 9-8:75 82.69
1. Each additional %:Z5 27.56
2. Stocks and bonds 9-8:75 82.69
i) Other 4Z:OO 44.10
6) Alcoholic beverages, spirits, beer and wine (under
state supervision), state license required n/c
7) Ambulance service (not connected with hospital
or funeral home) 7-3-:-5B 77.18
8) Animals
a) Kennel, state license required 68-:Z5 71.66
b) Boarding, state license required 68-:Z5 71.66 U
c) Grooming 3tt95 38.59
d) Pet sitting %:Z5 27.56
9) Archery range 3tt95 38.59
10) Armored car service:
a) 1 - 3 vehicles 5Z-:-5B 55.13
b) Each additional vehicle t5:-15 16.54
11 ) Arms dealer, handling those known as concealed
weapons, alone or in conjunction with any other
business (as defined in Chapter 790 Florida Statutes) 5Z-:-5B 55.13
12) Auctioneer 3tt95 38.59
13) Auction shops 9-8:75 82.69
14) Automotive:
a) Sales
1. New Cars 13 1.25 137.81
2. Used Cars
a. 1 - 1 0 cars %:Z5 27.56
b. 11-50cars 3tt95 38.59
c. 51 - 1 00 cars 5Z-:-5B 55.13 0
Stmck tluough passages are deleted.
Underlined passages are added.
2002-0-12 6
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d.
101 and over
89-:-Z5
93.71
Definition - MOTOR VEHICLE means any automobile, truck, bus, recreation
vehicle, motorcycle, motor scooter, or other motor powered vehicle, but does not
include trailers, mobile homes, travel trailers, or trailer coaches without independent
motive power.
b)
MINOR REPAIR SERVICE includes repairing and changing tires; lubricating
vehicles; cleaning, adjusting, and replacing spark plugs; changing oil and air filters;
replacing, adjusting, repairing, or servicing hoses and air filters; changing or
otherwise servicing the coolant, automatic door lamp switch, battery, battery ground
cable, battery hold-down strap, battery positive cable, battery-to-starter relay cable,
oil filter, fan an alternator drive belts, fuses, headlamp foot dimmer, horns, ignition
coil output wire, light bulbs and headlamps, ornamental accessories, power steering
pump belt, wheels, except alignment, windshield washer tank, and wiper blades; any
other minor service, which may be performed by persons without the skills and
knowledge required of motor vehicle mechanics and helpers which the Department
of Agriculture and Consumers Services has designated by rule to be a minor repair
servIce.
State registration required
9-3-:-5B
77.18
c)
MOTOR VEHICLE REPAIR SHOP means any person who, for compensation,
engages or attempts to engage in the repair of motor vehicles owned by other persons
and includes, but is not limited to: motor vehicle and recreation vehicle dealers;
garages; service stations; self-employed individuals; truck stops; paint and body
shops; brake, muffler, or transmission shops, and shops doing upholstery or glass
work. · 9-3-:-5B 77 .18
Any person who engages solely in the maintenance or repair of the coach portion of
a recreation vehicle is not a motor vehicle repair shop.
d) MOTOR VEHICLE REPAIR means all maintenance of and modification and
repairs to motor vehicles, and diagnostic work incident thereto, including, but not
limited to, the rebuilding or restoring of rebuilt vehicles, body work, painting,
warranty work, and other work customarily undertaken by motor vehicle repair
shops. 3trt5 38.59
e)
Pumps (Gas, kerosene, diesel)
1. 1 - 4 pumps
Z6:Z-5
27.56
Stmck tluough passages are deleted.
Underlined passages are added.
2002-0-12
7
-----....,
2. each additional pump 5-:Z-5 5.51
t) Auto Machine Shop 4Z:OO 44.10
15) Auto salvage 105.00 110.25 ()
16) A viation service 4-Z-:OO 44.10
17) BalI, concerts, parades, carnivals, circus, exhibitions
(fees set by Council) (special activities)
18) Barbershop and cosmetology(retail sales must
have separate licenses), state license required
a) One owner operator 4-Z-:OO 44.10
b) Each additional operator Z6:Z-5 27.56
c) Shoe shine stand n/c
d) Manicurist & nail sculpture, pedicurist Z6:Z-5 27.56
e) Tanning salons Z6:Z-5 27.56
f) Other Z6:Z-5 27.56
19) Bicycles for rent (not in connection with other
business) Z6:Z-5 27.56
20) Billiards, pool, electronic games, etc.:
a) I to 10 machines Z6:Z-5 27.56
b) 11 to 25 machines 4-Z-:OO 44.10
c) Each additional machine t&5B 11.03
21) Boats, ferry and sightseeing, used wholly or in part as 0
ferry sightseeing boats, each boat with passenger
capacity as follows:
a) Not to exceed 10 persons 36:75 38.59
b) More than 10 not to exceed 50 persons 5Z-:-5B 55.13
c) More than 50 persons 18:-75 82.69
(Does not permit dining room without restaurant license)
22) Boats for hire:
a) Canoes, rowboats, motor boards, inboard or outboard:
1. 1 to 10 boats Z6:Z-5 27.56
2. 11 to 25 boats 5Z-:-5B 55.13
3. Each additional boat t&5B 11.03
b) Fishing, cruising and/or charter:
1. One boat 36:75 38.59
2. Each additional boat Z6:Z-5 27.56
23) Bottling works, bottling or distilling water
or soft drinks 5Z-:-5B 55.13
24) Bowling lanes, skee ball, etc.:
a) 1 to 16 lanes 5Z-:-5B 55.13 U
Struck tluough passages are deleted.
Underlined passages are added.
2002-0-12 8
b) Each additional lane 5:Z-5 5.51
(Restaurant needs additional license )
25) Broadcasting stations:
'-.J a) Cable 13 1.25 137.81
b) Radio 1] 1.25 137.81
c) Television 1:; 1.25 137.81
26) Cabinet Shop (manufacturer and installation)
(not to exceed 3 employees)(Over 3 employees,
see Manufacturer)(Installer must have insurance) 5-Z:-5B 55.13
27) Car wash:
a) 1 to 4 bays 3-t:-5B 33.08
b) 5 to 7 bays 63-:00 66.15
c) Each additional bay W:5B 11.03
d) Car detailing and window tinting
(cleaning and polishing) 36:-15 38.59
28) Carpet and rug cleaning 36:-15 38.59
29) Cemetery lots (operated for profit) 78-:-T5 82.69
30) Citrus fruit shippers, place where orders for fruit
are taken and filled or shipped (excluding
packing houses) %:Z5 27.56
31) Cleaning, pressing and dyeing (boiler inspection
0 certificate must be presented)
a) Cleaning and pressing pick up station 36:-15 38.59
b) Self-service:
1. 1 to 10 machines %:Z5 27.56
2. 11 to 25 machines 36:-15 38.59
3. 26 to 50 machines 5-Z:-5B 55.13
4. Each additional machine 5:Z-5 5.51
32) Coin-operated machine or devices:
a) Distributors 5-Z:-5B 55.13
b) Each machine, see billiards, item (20)
for amounts
33) Communication sites:
a) Commercial 1J 1.25 137.81
b) Cellular 1J 1.25 137.81
c) Other 1J 1.25 137.81
34) Computer software service (designing programs) 5-Z:-5B 55.13
35) Concrete mixing plants:
a) 1 to 5 trucks 157.50 165.38
0 b) Each additional truck %:Z5 27.56
Stmck tll10ugh passages are deleted.
Underlined passages are added.
2002-0-12 9
36)
Contractors, general or subcontractors bonds required:
a) General, state license required
b) Residential, state license required
c) Builder, state license required
d) Electrical, state license required:
1 . Master
2. Journeyman
Plumbing, state license required:
1. Master
2. Journeyman
Mechanical, state license required:
1. Master
2. Journeyman
Pool, state license required
Subcontractors
1. Alarm systems
2. Aluminum installers
3. Asphalt maintenance
4. Awning (all types and/or storm shutters)
5. Cabinetry
6. Carpentry
7. Concrete, stone, brick
8. Dredging
9. Electrical
10. Elevators/escalators installation and maintenance
11. Fence installation
12. Fire sprinkler system
13. Floor sanding and finishing
14. Foundation or general excavating
15. Garage doors
16. Gas pipe installation
17. Glass and glazing
18. Heating, air conditioning or ventilation
19. Home maintenance and repair
Any occupation that limits itself to cleaning, minor
repairs, replacement, and general maintenance of a
nature that does not entail work concerning the
structure of a building mechanical, electrical,
plumbing, gas, heating, ventilation, air conditioning,
T3:5B
T3:5B
T3:5B
5Z-:-5B
Z6:75
e)
5Z-:-5B
Z6:75
f)
g)
h)
5Z-:-5B
Z6:Z5
5Z-:-5B
36:75
S tI tlck tm 0 ugh passages are deleted.
Underlined passages are added.
2002-0-12
10
77.18
77.18
77.18
(.)
55.13
27.56
55.13
27.56
55.13
27.56
55.13
38.59
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20.
2l.
22.
23.
24.
25.
26.
27.
28.
29.
30.
3l.
32.
33.
34.
35.
36.
37.
38.
roofing, or any other function normally considered
construction. Home maintenance and repair shall
include, but not be limited to: minor repair of the
interior and/or exterior of a dwelling; painting;
caulking; minor repairs to windows and doors; and
minor repairs to mechanical equipment, consisting of
the replacement of simple air filters and the cleaning
of interior or exterior units by washing or compressed
air blowing. Minor repairs to plumbing consisting of
the replacement of fixtures beyond the last manual
shut-off valve shall be allowed.
Hot water heater replacement, installation of new
lines or additional fixtures, sewer or septic tank work,
or gas piping shall not be authorized. No structural
repairs, new additions, roofing, or foundation work of
any kind is permitted. Adding, changing, and/or
removing refrigerant, welding, pipe fitting, and duct
work is prohibited. No electrical work except the
replacement of lamps and bulbs is authorized.
House moving and demolition
Installation of prefabricated items, such as antenna, signs, etc.
Insulation
Irrigation
Land clearing
Landscape
Lawn (sprinkler installers) ·
Masonry
Mobile home set-up
Painters and paperhangers
Parking lot striping
Paving and grading
Pier/docks/seawalls
Plasterers, drywall, hardcoat, stucco, lather
Plumbers
Pressure cleaning
Roofing and/or sheet metal and tinsmith
Sandblasting
Satellite
Struck tlnotlgh passages are deleted.
Underlined passages are added.
2002-0-12
11
39. Steel, prefab
40. Structural steel
4l. Swimming pool
a. Installation 0
b. Service
42. TV cable wiring
43. Tile, terrazzo, marble and granite
44. Tree surgelY
45. Trucking and bulldozing
46. Well drillers
47. Windows and steel sash
48. Other
37) Delivery services:
a) One vehicle Z6:Z5 27.56
b) Each additional vehicle te:5e 11.03
38) Distributors and home party sales
(Avon, Tupperware, Fullerbrush, Amway, etc.) Z6:Z5 27.56
39) Entertainment (Bands, orchestras, etc.) Z6:Z5 27.56
40) Exterminators, spray service, state license required:
a) One vehicle T&-:1-5 82.69
b) Each additional truck te:5e 11.03
41) Financial: U
a) Banks and trust companies DG.50 143.33
b) Building and loan associations 1 JG.50 143.33
c) Finance and discount companies, liquidating
accounts, whether purchased or not DG.50 143.33
d) Money lenders, except banks or bankers
whose business consists of or including
taking, buying or selling assignments of
wages or commissions earned or to be
earned, etc. 1 JG.50 143.33
e) Personal finance companies 1 JG.50 143.33
42) Fortune tellers, mind readers, gypsies and other
nomadic people (see sections 11-21 through 11-25) 78.75 GaGh 82.69 each
43) Funeral chapel T&-:1-5 82.69
44) Funeral homes, including embalmer or
undertaker and ambulance, state license required 105.00 110.25
45) Furniture packers, moving and/or storage:
a) 1 - 2 trucks T&-:1-5 82.69
b) Each additional truck Z6:Z5 27.56 ()
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2002-0-12 12
46) Gas companies, state license required:
a) Distributing through pipe lines, natural
U gas (includes one truck)(franchised or
other method devised by city council) 105.00 110.25
b) Bottle gas, wholesale merchant
license required 5Z-:-5B 55.13
c) Bottle gas, retail merchant license
req uired 5Z-:-5B 55.13
47) Gas contractors, installing container, piping
(includes one vehicle), state license required
a) Not connected with other business T'iJ-:9-5 82.69
b) When connected with other business 5Z-:-5B 55.13
48) Gasoline, fuel oil, and other petroleum products,
resident or nonresident (includes one vehicle):
a) Wholesale 1] 1.25 137.81
49) General repairs, permitting to carry stocks or parts
necessary to be used in making repairs in shop hereby
licensed, however, if any portion of such stock is
sold in any manner, a merchant's license is
required.
0 Machine shop and welding (not working
on automotive) 36:9-5 38.59
Employing including owner and operator
a) Not to exceed 3 employees (assemblage) 36:9-5 38.59
b) Not exceeding 8 employees 5Z-:-5B 55.13
c) More than 8 employees, not exceeding
20 employees . 1] 1.25 137.81
d) More than 20 employees 199.50 209.48
50) Golf:
a) Driving ranges or practice courses 5Z-:-5B 55.13
b) Course
1. 9 holes T'iJ-:9-5 82.69
2. 18 holes 13 1.25 137.81
c) Miniature golf 36:9-5 38.59
51 ) Hazardous materials 26:Z5- 27.56
52) Health fitness centers 5Z-:-5B 55.13
53) Hospitals, sanitariums, nursing homes, and
congregate living, operated for profit, state
0 license required:
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2002-0-12 13
a)
b)
c)
d)
54)
I - 5 beds
6 - 12 beds
13 - 20 beds
Each additional bed
License must be taken out for all beds
whether used or unused
Housecleaning and janitorial services (including
window cleaning domestic help excepted)
Insurance adjustor company:
a) Company with one adjustor
b) Each additional adjustor
Insurance companies (see also section 11-20,
City Code) for the purpose of taxation,
insurance companies are classified and defined as
follows:
a) Casualty and liability insurance, only
on annual, semiannual, or quarterly
premium basis and:
1. Bonds, including fidelity, court contracts
and surety bonds and financial guarantees.
Burglary insurance, including residences,
bank stock, bonds and securities, safe burglary
and holdup and messenger robbery.
Liability insurance, including employers,
public and automobile liability for
personal injury, property damage and
collision.
Plate glass insurance.
Workman's compensation insurance
issued to employers or labor.
Accident and health insurance only
on annual, semiannual, or quarterly
premium basis.
Fire insurance companies, writing policies of
insurance against hazards of fire, tornado and
windstorms, use and occupancy, profits, rent,
leasehold insurance, insurrections, riot and
civil commotion, sprinkler, leakage, rain, fire,
theft, automobile collisions; and marine
cargoes and bills; and rail, mail express
3tr:-75
TI-:-5B
105.00
~
3tr:-75
55)
=f-fr.=l-5
Z6:Z5
56)
2.
3.
4.
5.
6.
b)
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2002-0-12
14
38.59
77.18
110.25
5.51
u
38.59
82.69
27.56
o
()
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57)
58)
59)
o
c)
shipments; against fire, collisions, stranding,
sinking.
Industrial insurance companies, (including
funeral benefits associations or companies)
writing life and or accident and health,
insurance and funeral benefits on a
weekly, bimonthly or monthly premium
paying basis.
Insurance agency, any person who represents
or otherwise acts as agent for an insurance
company as defined and or classified in this
subsection or classification of insurance
companies, or which operates or maintains
an office or place of business in the city
shall be deemed to constitute and operate
an insurance agency. Fees to be paid by the
company, includes representation by each
agent.
1.
2.
3.
d)
Casualty and liability companies
Fire insurance companies
Industrial insurance and funeral
benefits association or company
4. Life insurance company
5. Each additional agent
Laboratories, scientific and industrial investigation,
if not connected with licensee's manufacturing
enterprises
Lawn service and care:
a) Gardener and/or lawn care
Manufacturers. The following businesses are
classified as manufacturers and each person
engaged in the operation of such business in
the manner described are required to cover
this operation by taking out a manufacturer's
license as follows:
Factory, permitted to manufacture and sell the
products manufactured, employees include
owner and operators actively engaged in such
business.
a) Not to exceed 3 employees (assemblage)
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2002-0-12
15
3tt1-5 38.59
3tt1-5 38.59
3tt1-5 38.59
3tt1-5 38.59
2U:Z5 27.56
13 1.25
137.81
2U:Z5
27.56
3tt1-5
38.59
b) Not exceeding 8 employees 52-:-5B 55.13
c) More than 8 employees, not exceeding
20 employees IJ 1.25 . 137.81
d) More than 20 employees 199.50 209.48 0
60) Meat, fish and poultry products, packinghouses
or storage =tft3-5 82.69
61 ) Merchandise mart (flee market) owner operator:
a) Up to 4 spaces =tft3-5 82.69
b) 5 - 1 0 spaces 105.00 110.25
c) 11 - 20 spaces 157.50 165.38
d) Each additional t&-5B 11.03
62) Merchants - Retail, provided license shall
permit but one location when average stock
of goods carried is as follows:
a) Stock up to $1,000.00 Z6:Z5 27.56
b) Stock from $1,001.00 to $5,000.00 36:75 38.59
c) Stock from $5,001.00 to $10,000.00 52-:-5B 55.13
d) Stock from $10,001.00 to $30,000.00 =tft3-5 82.69
e) Stock from $30,001.00 to $50,000.00 125.00 131.25
f) Stock from $50,001.00 to $100,000.00 157.50 165.38
g) Stock from $100,001.00 and over 183.75 192.94
63) Merchants - Jobbing wholesaling, provided 0
license shall permit but one location when
average stock of goods carried is as follows:
a) Stock up to $1,000.00 36:75 38.59
b) Stock from $1,001.00 to $10,000.00 52-:-5B 55.13
c) Stock from $10,001.00 to $30,000.00 =tft3-5 82.69
d) Stock from $30,001.00 to $75,000.00 105.00 110.25
e) Stock from $75,001.00 and over 141.75 148.84
64) Museums, historical, for profit (permission and
fees set by council)
65) Newspaper publisher =tft3-5 82.69
66) Parking lots, for profit:
a) 1 to 10 cars Z6:Z5 27.56
b) 11 to 60 cars 7-ft:T5 82.69
c) 61 to 100 cars 105.00 110.25
d) 101 cars and over 13 1.25 137.81
67) Pawnbrokers, not transferable 157.50 165.38
Each pawnbroker or money broker shall keep
a complete and true record of all transactions 0
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2002-0-12 16
u
68)
69)
70)
<.)
71)
o
showing from whom the article was taken or
purchased and to whom sold, which shall at
all times be subject to inspection by the police
department to the city, one copy of daily
records being delivered to the police department.
Violations of this subsection shall be punished by
fine or imprisonment. (See section 11-27 and
11-28, City Code.)
Printing business
Private and social clubs
Private schools (religious, institutions exempt)
a) Art color studio
b) Automobile and truck driving
c) Business
d) Cosmetology
e) Dancing
f) Dramatic
g) Flying instructions
h) Kindergarten, nursery, or day care
(state license required)
i) Martial arts
j) Model or charm
k) Music (piano, voice, instruments)
1) Riding school or academy
m) Trade
n) Other
Professional
The following professional practitioners ar~
classed as professional and each person engaged
in the practice of any such profession is required
to cover this practice by taking out a professional
license as follows: (Other county and state license
compliance required if applicable)
a) Accountants, bookkeepers
b) Artists
c) Acupuncturists, state license required
d) Architects
e) Astronomers
f) Attorneys, state license required
g) Auditors, state license required
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2002-0-12
17
5Z-:-5B
52-:-5B
z.6:Z5
18-:9-5
55.13
55.13
27.56
82.69
h) Chemists, state license required
i) Clinic labs, state license required
j) Computer consultant
k) Drafting 0
I) Dentistry, state license required
m) Embalmers, state license required
n) Engineers, state license required
0) Engravers, embossing, lithographs
p) Homeopathic or drugless physicians
q) Income tax, tax consultant
r) Interior decorators, designers
s) Masseur, state license required
t) Medical doctors, state license required
u) Naprapaths, state license required
v) Opticians, state license required
w) Optometrists
x) Osteopathic physicians, state license required
y) Pharmacists (exempt F.S. 205.196), state license required
z) Physicians, state license required
aa) Photographers
bb) Pilot
cc) Podiatrists, state license required 0
dd) Private instructors
ee) Secretary
ft) Security (must register with police department)
gg) Therapists
hh) Tree surgeons
ii) Veterinarian, state license required ·
jj) Taxidermist, state license required
kk) Bondsman (state license required):
1. Each agency 9ft:95 82.69
2. Each agent Z6:-25 27.56
11) All other professions 9ft:95 82.69
72) Real estate or rental agency, state license required:
a) With one person designated as broker %:-1-5 38.59
b) Each additional salesperson Z6:-25 27.56
(No license issued until state registration
certificate is presented.)
73) Recording studios 5Z:-5B 55.13
74) Refuge hauling and recycling, for profit, (by 0
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2002-0-12 18
authority of the city council fees also determined
by council)
75) Rent all (equipment & video) 5Z-:-5B 55.13
C; 76) Restaurant, cafe and other public eating places,
where food is served in connection with or
separate from other business according to
seating capacity:
a) o to 50 seats also can)' out 5Z-:-5B 55.13
b) 51 to 100 seats 78:-1-5 82.69
c) 101 seats and over ~ 93.71
d) Caterer service 36:-T5 38.59
Health permit certificate required.
77) Rinks 78:-1-5 82.69
78) Saw mills 7-8:75 82.69
79) Service:
a) Mail order 36:-T5 38.59
b) Parcel packing 36:-T5 38.59
c) Telephone answering services 36:-T5 38.59
d) Telemarketing 36:-T5 38.59
e) Housesitting 2:6-:Z5 27.56
f) Chimney sweeper 2:6-:Z5 27.56
0 g) Other 36:-T5 38.59
80) Shooting galleries 5Z-:-5B 55.13
Must be arranged and located as to be entirely
safe and not a nuisance to adjoining property
and approved by the city council and the police
department.
81) Shows, carnivals, parades, concerts (fees set
by council)
82) Solicitors:
a) For magazines or periodicals (see section
11-26 City Code)( each solicitor required
to register with the police department and
receive a registration and identification
card signed by the police chief) 2:6-:Z5 27.56
b) Going from house to house soliciting
business, (each solicitor required to
register with the police department and
receive a registration and identification
0 card signed by the police chief) 2:6-:Z5 27.56
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2002-0-12 19
c) Canvassers (see section 11-26, Edgewater
Code, must get permit from city) Z6:2-5 27.56
83) Storage warehousing 7-&-:T5 82.69
a) Boat houses or boat yards (keeping or storing) Z6:2-5 27.56 0
b) Garage and storage and parking for all
types of vehicles 3fr.=t-5 38.59
84) Swimming pools (public) 3fr.=t-5 38.59
85) Telegram companies 5Z-:5B 55.13
86) Telephone companies 5Z-:5B 55.13
87) Theaters:
a) Up to 500 seats 63-:00 66.15
b) 501 to 1,000 seats 7-&-:T5 82.69
c) Over 1,001 seats 105.00 110.25
d) Drive-ins 7-&-:T5 82.69
(If merchandise is sold, merchants license
is required)
88) Trailers or mobile homes parks or camps:
a) 1 to 9 trailer spaces 3fr.=t-5 38.59
b) 10 to 20 trailer spaces 5Z-:5B 55.13
c) 21 or more trailer spaces 7-&-:T5 82.69
Sales 1] 1.25 137.81
89) Transportation: 0
a) Chauffeurs, taxis, limousines or motor
vehicles for hire (must get permit from
police department.):
1. 1 to 5 vehicles 5Z-:5B 55.13
2. 6 to 1 0 vehicle~ 7-&-:T5 82.69
3. Each additional vehicle 5:Z5 5.51
b) Wrecker service:
1. One vehicle 36:-T5 38.59
2. Each additional vehicle 5:Z5 5.51
90) Trucking companies (Freight):
a) Each truck Z6:2-5 27.56
91) Unclassified 5Z-:5B 55.13
92) Utilities 1] 1.25 137.81
93) Vendors, concession mobile, health permit
required 36:-T5 38.59
o
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2002-0-12
20
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PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
CODIFICATION.
Provisions ofthis ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts C through G shall not be codified.
PARTF.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
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2002-0-12
21
PART G.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading of this ordinance held on July 8,2002, was as follows:
o
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
o
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
o
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2002-0-12
22
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2002-0-12
day of July, 2002.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of 2002 under
Agenda Item No.
23
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~.(\.
AGENDA REQUEST
Date: June 25. 2002
PUBLIC
HEARING RESOLUTION
BOARD
APPOINTMENT July 1~2002 CONSENT
ORDINANCE
OTHER
BUSINESS
ITEM DESCRIPTION:
Expiration of term for Kristine Pluscec on the Planning and Zoning Board. This item was tabled
from the June 3, 2002 meeting.
BACKGROUND:
Kristine Pluscec was appointed to the Planning and Zoning Board in July 2001 to complete the
term of a member who resigned. That term expires on May 17, 2002. Ms. Pluscec has expressed
a desire to serve another term on the Board.
STAFF RECOMMENDATION:
At their May 8, 2002 meeting the Planning and Zoning Board voted to send a favorable
recommendation to City Council to extend Ms. Kristine Pluscec' s term on the Planning and
Zoning Board for 3 years.
ACTION REOUESTED:
Motion to appoint a member to the Planning and Zoning Board for a 3-year term.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
6/3/02 (TABLED) AGENDA ITEM NUMBER: 7b
Respectfully Submitted By:
Pat Drosten
Planning & Zoning Board Coordinator
u
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'1.~_
AGENDA REQUEST
Date: June 25. 2002
PUBLIC
HEARING
RESOLUTION
ORDINANCES
BOARD
APPOINTMENT July 1~002 CONSENT
ITEM DESCRIPTION:
OTHER
BUSINESS
Request for appointment to the Economic Development Board to fill an expired term.
BACKGROUND:
Adelaide Carter was appointed to the EDB on March 3, 1997. Ms. Carter's term expired on June
21, 2002, and she has requested reappointment (see attached letter) for another three year term.
STAFF RECOMMENDATION:
Staff recommends City Council fill the vacancy.
ACTION REQUESTED:
Motion from Councilman Vincenzi to appoint a member to serve a three year term on the EDB.
FUNDS A V AILABLE:
ACCOUNT NUMBER:
N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/ A
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: June 24, 2002
AGENDA ITEM NO. 7.A.2)
Respectfully submitted,
Attachment
F:\edb-agendareq uests\2carterreappoin t. 02
RECEIVED
JUN 0 3 2002
City Manager
1705 Dayton Street
Edgewater, FL 32132-3514
June 1, 2002'
Edgewater City Council
Economic Development Committee
do Board Coordinator
I wish to be considered for reappointment. by you, to the Economic Development
Committee.
I have enjoyed the work of this committee and look forward to the completion of
projects already begun, future projects and the Business Expo planned for this
coming Fall.
If you have any questions, please feel free to contact me at 427-4052 or
426-2436.
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