06-28-1999 - Workshop
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9HE CITY OF EDQEWATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
Mayor Randy G. Allman
District 1 Councilman James K. Gornto
District 2 Councilman Myron F. Hammond
District 3 Councilman Gary W. Roberts
District 4 Councilwoman Judith R. Lichter
City Manager Kenneth R. Hooper
City Attorney Nikki Clayton
City Clerk Susan J. Wadsworth
June 23, 1999
-PUBLIC NOTICE-
The City Council of Edgewater will hold a workshop session at 6:00 p.m., Monday, June 28,
1999, in the Community Center to continue discussion on recommendations regarding the Charter
Review Committee report, and at 7:00 p.m. to continue discussion of requirements for building
detached garages on residentially zoned property.
:lizm
c:\meetings\wkshop06.289
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(904)424-2404 FAX-(904)424-2421
ORDINANCE NO. 99-O-CHARTER#1
1
AN ORDINANCE AMENDING CHAPTER 27532, LAWS OF 1 �;
FLORIDA, SPECIAL ACTS OF 1951, AS AMENDED,
COMMONLY KNOWN AS THE CHARTER OF THE CITY
O F E D G E W A T E R , FLORIDA;
PROVIDING FOR THE SUBMITTAL OF CHARTER
AMENDMENTS TO THE ELECTORS OF THE CITY OF
EDGEWATER AT A SPECIAL ELECTION TO BE HELD ON
, 1999; PROVIDING FOR GENERAL
POWERS AND CONSTRUCTION OF THE CHARTER;
PROVIDING FOR A DESCRIPTION OF THE CORPORATE
LIMITS; PROVIDING FOR A CITY COUNCIL;
COMPOSITION, ESTABLISHMENT OF VOTING
DISTRICTS, QUALIFICATIONS, ELECTIONS AND TERMS,
COMPENSATION, THE MAYOR, GENERAL POWERS AND
DUTIES, PROHIBITIONS, VACANCIES, FORFEITURE OF
OFFICE, RECALL; FILLING OF VACANCIES; THE
COUNCIL AS A JUDGE OF QUALIFICATIONS,
PROCEDURE, ORDINANCES AND RESOLUTIONS;
PROVIDING FOR ADMINISTRATION OF THE CITY,
APPOINTMENT AND QUALIFICATIONS OF THE CITY
MANAGER, POWERS AND DUTIES OF THE CITY
MANAGER, ACTING CITY MANAGER, CREATION OF
DEPARTMENTS, CITY ATTORNEY, CITY CLERK ,
PERSONNEL SYSTEM, FINANCIAL AND PURCHASING
PROCEDURES AND REGULATIONS, ADMINISTRATIVE
CODE, CODE OF ETHICS, RESIDENCY REQUIREMENTS
FOR CERTAIN CITY EMPLOYEES; PROVIDING FOR
ELECTIONS, ELECTORS, NONPARTISAN ELECTIONS,
QUALIFICATIONS OF CANDIDATES, CONDUCT OF
ELECTIONS, REGULAR AND PRIMARY ELECTIONS;
PROVIDING FOR A TRANSITION SCHEDULE,
CONTINUATION OF FORMER CHARTER PROVISIONS,
ORDINANCES AND RESOLUTIONS PRESERVED;
PROVIDING FOR RIGHTS OF OFFICERS, EMPLOYEES,
AND THE CITY COUNCIL; PROVIDING FOR PENDING
MATTERS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE FOR THE
CHARTER; PROVIDING FOR SUBMITTAL OF THE
AMENDED CHARTER TO THE ELECTORS OF THE CITY
99- O- Charter#1 1
OF EDGEWATER AT A SPECIAL ELECTION TO BE HELD
ON , 1999; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE FOR THE
ORDINANCE; PROVIDING FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. After numerous public meetings and untold hours of consideration of issues on behalf
of the citizens of Edgewater, the Charter Review Committee submitted a proposed reviews of the
Charter to the City Council.
2. The City Council held a Workshop on , 1999 and
1999, to consider the Charter Review Committee's proposed revision and related Staff comments.
As a result of the Workshops, City Council directed the drafting of Ordinance No. 99- O- Charter#1.
3. The City Council held public meetings on , 1999, and
1999, to receive input from the citizens of Edgewater on the first draft of Ordinance No. 99-0 -
Charter# 1. Based on comments of the Charter Review Committee and public during those meetings,
the City Council directed that the second draft of Ordinance No. 99- O- Charter#1 be prepared.
4. A first reading of Ordinance No. 99-0-charter#1 was held on , 1999, and
the required public hearing was held on , 1999, after notice pursuant to the requirements
of Section 166.041, Florida Statutes.
5. It is in the best interests of the citizens of Edgewater that the proposed Charter as set
forth in Ordinance No. 99- O- charter#1 be submitted to the electors of the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. AMENDMENT OF THE CHARTER OF THE CITY OF EDGEWATER,
FLORIDA
99- O- Charter#1 2
The Charter of the City of Edgewater, Florida, is hereby amended to read as follows:
LIST THE ENTIRE CHARTER
PART B. PROVIDING FOR SUBMITTAL OF THE AMENDED CHARTER TO THE
ELECTORS OF THE CITY OF EDGEWATER AT A SPECIAL ELECTION
TO BE HELD ON , 1999
The proposed amendment to Chapter 27532, Laws of Florida, Special Acts of 1951, as
amended, commonly known as the Charter of the City of Edgewater, Florida, as set forth in Part A
of this ordinance is hereby approved for submittal to the electors of the City of Edgewater, Florida,
at a special election to be held on , 1999. The ballot title question shall read as follows:
AMENDMENT TO THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA
Shall the amendment of the Charter of the City of Edgewater, Florida,
as set forth in Ordinance No. 99- O- charter#1 be approved? If
approved, the Charter shall include: general powers; construction;
description of corporate limits; City Council composition, districts,
qualifications, elections and terms, compensation, general powers and
duties, prohibitions, filling of vacancies, and procedures including
"Citizen Comments "; appointment of the City Manager, City
Attorney, and City Clerk; powers and duties of the City Manager;
establishment of a personnel system, financial procedures, an
administrative code and a Code of Ethics; and qualifications of
candidates and conduct of elections.
99- O- Charter#1 3
PART C. CODIFICATION
Upon approval by a majority of the electors voting in the referendum upon this charter, this
charter shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida; provided,
however, that Parts B through shall not be codified.
PART D. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
PART E. ADOPTION
After Motion by and Second by , the vote on the first reading
of this ordinance held on , 1999, was as follows:
Mayor Randy G. Allman XXX
Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
After Motion by and Section by , the vote on the second reading
of this ordinance was as follows:
Mayor Randy G. Allman XXX
Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
99- O- Charter#1 4
PASSED AND DULY ADOPTED this day of , 1999.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney
99- O- Charter#1 5
ORDINANCE NO. 99-O-CHARTER#2 I ; r' 1 �
L U L`
AN ORDINANCE PROVIDING FOR THE SUBMITTAL OF
CHARTER AMENDMENTS TO THE ELECTORS OF THE
CITY OF EDGEWATER AT A SPECIAL ELECTION TO BE
HELD ON , 1999; PROVIDING FOR
SUBMITTAL OF AN AMENDMENT CHANGING THE
QUALIFICATIONS OF MAYOR AND COUNCIL;
PROVIDING FOR SUBMITTAL OF AN AMENDMENT
REGARDING PROHIBITIONS THAT WOULD INCLUDE
LIMITATIONS ON BORROWING; PROVIDING FOR
SUBMITTAL OF AN AMENDMENT REGARDING
PROHIBITIONS THAT WOULD INCLUDE RESTRICTIONS
ON UNRESTRICTED GENERAL FUND RESERVES;
AMENDMENT REGARDING THE FILLING OF
VACANCIES OF MAYOR AND CITY COUNCIL
AUTHORIZING CONFORMANCE OF THE AMENDMENTS
INTO THE CHARTER UPON APPROVAL; PROVIDING FOR
AN EFFECTIVE DATE FOR THE ORDINANCE; PROVIDING
FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Pursuant to the adoption of Ordinance No. 99- O- Charter#1, the City Council has
provided for the submittal of an amended Charter to the electors of the City of Edgewater.
2. It is in the best interests of the citizens of Edgewater and consistent with our
democratic heritage that three issues be submitted to the electors as separate ballot questions.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A. PROVIDING FOR SUBMITTAL OF AN AMENDMENT CHANGING THE
QUALIFICATIONS OF MAYOR AND COUNCIL TO THE ELECTORS OF
THE CITY OF EDGEWATER AT A SPECIAL ELECTION TO BE HELD ON
,1999.
A proposed amendment to the Charter of the City of Edgewater changing the qualifications
of mayor and council is hereby approved for submittal to the electors of the City of Edgewater,
99- O- Charter#2 1
Florida, at a special election to be held on , 1999. The ballot title and ballot
question shall read as follows:
CHANGE THE QUALIFICATIONS OF MAYOR AND COUNCIL
Shall the qualifications of mayor and council be changed from the
current Charter which states "they must be a qualified elector of the
city on the date that person qualifies to run for office" to read "they
must be a qualified elector of the city and shall have resided within
the city for no less than one (1) year ".
If the ballot question set forth above is approved, the Charter shall be amended to read as
follows:
Section 3.03 - Qualifications
(a) The mayor must be a qualified elector of the city and shall have resided within the
city for no less than one (1) year on the date that person qualifies to run for office.
The mayor shall continuously reside within the city limits during the mayor's term
of office.
(b) Each council member must be a qualified elector of the City and shall have resided
within the city for no less than one (1) year and shall be a resident of the district from
which the person seeks to be elected on the date that person qualifies to run for
office. Each council member elected from a district shall continuously reside in the
district during the council member's term of office, except that any council member
who is removed from a district by redistricting may continue to serve during the
remainder of the council member's term of office.
99- O- Charter#2 2
PART B. PROVIDING FOR SUBMITTAL OF AN AMENDMENT REGARDING
PROHIBITIONS THAT WOULD INCLUDE LIMITATIONS ON
BORROWING TO THE ELECTORS OF THE CITY OF EDGEWATER AT
A SPECIAL ELECTION TO BE HELD ON , 1999.
A proposed amendment to the Charter of the City of Edgewater amending prohibitions to
include limitations on borrowing is hereby approved for submittal to the electors of the City of
Edgewater, Florida, at a special election to be held on , 1999. The ballot title and
ballot question shall read as follows:
LIMITATIONS ON BORROWING
Shall the Charter of the City of Edgewater include restrictions on
limitations of borrowing? Currently, there are no such restrictions in
place. This modification would restrict the City from incurring
additional debt of more than 0.75% of the net taxable value during
any forward moving five (5) year period unless such debt was
approved by a referendum of eligible voters.
If the ballot questions set forth above is approved, the Charter shall be amended to read as
follows:
Section 3.08 - Prohibitions
(d) Limitations on borrowing. The City of Edgewater shall not incur additional debt of more
than 0.75% of the net taxable value during any forward moving five (5) year period unless
such debt is approved by a referendum of the eligible voters of the city in an general election.
99- O- Charter#2 3
PART D. PROVIDING FOR SUBMITTAL OF AN AMENDMENT REGARDING THE
FILLING OF VACANCIES OF MAYOR AND CITY COUNCIL TO THE
ELECTORS OF THE CITY OF EDGEWATER AT A SPECIAL ELECTION
TO BE HELD ON , 1999.
A proposed amendment to the Charter of the City of Edgewater amending the filling of
vacancies of mayor and council is hereby approved for submittal to the electors of the City of
Edgewater, Florida, at a special election to be held on , 1999. The ballot title and
ballot question shall read as follows:
FILLING OF VACANCIES OF MAYOR AND CITY COUNCIL
Shall the Charter of the City of Edgewater modify the criteria for the
filling of vacancies for the mayor and city council? The Charter
currently reads "...the vice mayor shall serve as mayor for the
unexpired term of the mayor and assume all duties of the mayor. A
vacancy in the office of council member shall then be created for the
district in which the vice mayor was elected." The modification
states that "...if less than 6 months remain in the unexpired term or
until the next regular city election, the council by a vote of 3 or more
members shall appoint a successor who is eligible for the office under
Section 3.03 of this Charter. Such successor shall serve until the next
regular city election at which time a mayor shall be elected in the
manner prescribed in Article V of this Charter." "If more than 6
months remain in the unexpired term or until the next regular city
99- O- Charter#2 4
election, a special election shall be called to fill such vacancy." This
amendment would include guidelines that address the vacancy of
mayor if less than or more than 6 months remain in the unexpired
term of mayor for replacement by council vote of 3 or more to
appoint a successor (if less than 6 months remain) or by election (if
more than 6 months remain).
If the ballot questions set forth above is approved, the Charter shall be amended to read as
follows:
Section 3.09 - Vacancies; forfeiture of office; recall; filling of vacancies
(d) Filling of vacancies. Except as otherwise prescribed by law, a vacancy on the city council
shall be filled as follows:
(1) In the case of a vacancy in the office of may, if less than six (6) months remain in the
unexpired term or until the next regular city election, the council by a vote of three
(3) or more members shall appoint a successor who is eligible for the office under
Section 3.03 of this charter. Such successor shall serve until the next regular city
election at which time a mayor shall be elected in the manner prescribed in Article
V of this Charter.
(2) In the case of a vacancy in the office of mayor, if more than six (96) months remain
in the unexpired term or until the next regular city election, a special election shall
be called to fill such vacancy. The special election shall be scheduled not sooner
than sixty (60) days, nor more than ninety (90) days following the occurrence of the
vacancy and if a primary is necessary it shall be held as required by the election laws
99- O- Charter#2 5
of the State of Florida. The person elected to fill the vacancy must be eligible for the
office of may under Section 3.03 of this charter and shall serve until the next regular
city election at which time a mayor shall be elected in the manner prescribed in
Article V of this Charter.
PART E. EFFECTIVE DATE OF CHARTER AMENDMENTS
The amendments set forth in Parts A through of this ordinance shall become effective
upon approval by a majority of the electors voting in the referendum upon the ballot questions.
PART F. AUTHORIZING CONFORMANCE OF THE AMENDMENTS INTO THE
CHARTER UPON APPROVAL
Upon approval of the amendments set forth in Parts A through of this ordinance by
a majority of the electors voting in the referendum upon the ballot questions, the City Attorney is
hereby authorized to conform the amendments into the Charter, whether the Charter of the City of
Edgewater shall remain as set forth in Chapter 27532, Laws of Florida, Special Acts of 1951, as
amended, or as provided for in Ordinance No. 99- O- Charter# .
PART G. EFFECTIVE DATE OF ORDINANCE
This ordinance shall take effect upon adoption.
PART H. ADOPTION
After Motion by and Second by , the vote on the first reading
of this ordinance held on , 1999, was as follows:
Mayor Randy G. Allman XXX
Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
99- O- Charter#2 6
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
After Motion by and Section by , the vote on the second reading
of this ordinance was as follows:
Mayor Randy G. Allman XXX
Councilman Jim Gornto XXX
Councilman Myron F. Hammond XXX
Councilman Gary W. Roberts XXX
Councilwoman Judy Lichter XXX
PASSED AND DULY ADOPTED this day of , 1999.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Randy G. Allman
City Clerk Mayor
99- O- Charter#2 7
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney
99- O- Charter#2 8
interoffice
M E M O R A N D U M
to: Ken Hooper, City Manager
from: Beverly Kinney - Johnson, Code Enforcement Officer
subject: Detached Garages on Residentiall Zoned Propert - Locati• s
date: J une 2, 1999
Listed below are locations chosen by Dennis Fischer, Building Official.
1. 1717 S. Riverside Drive
2. 2013 Orange Tree Drive
3. 2304 Orange Tree Drive (See from Pine Tree Drive)
4. 2104 Travelers Palm Drive
5. 2319 Umbrella Tree Drive
6. 2504 Woodland Drive
7. 2945 Woodland Drive
Dennis is on vacation from June 1, 1999 to June 6, 1999, and I will begin my vacation on
Friday, June 4, 1999, and return on June 21, 1999.
If you need any further information, please do not hesitate to contact our office.
cc: Dennis Fischer, Building Official
a : \deptbead\garage.det