01-10-1990 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
JANUARY 10, 1990
MINUTES
CALL TO ORDER
Mayor Mitchum called the meeting to order at 7:00 pm in the Community Center.
ROLL CALL
Mayor David Mitchum
Councilman Dan Hatfield
Councilmember Gigi Bennington
Councilman Russell Gold
Councilman Thomas Fish
City Attorney Josel Alvarez
City Manager Elly Johnson
City Clerk Susan Wadsworth
Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
Reverend Harvey Hardin, retired Methodist minister, delivered the invocation.
There was a pledge of allegiance to the Flag.
PROCLAMATION AND PRESENTATION OF PLAQUE TO GEORGE HODGES. RETIRING FROM CITY
UTILITIES DEPARTMENT - Mayor Mitchum read the proclamation and plaque for George
Hodges and Mayor Mitchum and Mr. Johnson presented them to him.
APPROVAL OF MINUTES
Reaular Meetina of December 18. 1989 - Counci lmember Bennington moved for
approval of the minutes of December 18th. Councilman Fish seconded the motion.
Motion CARRIED 5-0.
CITIZEN COMMENTS
Mayor Mitchum advised there will be a three-minute time limit unless Council
wishes to extend.
Georae Ewina, 2923 Royal Palm, spoke on the CIP Finance Committeels meeting on
Monday night with the four financial advisors presentations. He questioned why
the committee didn't ask for their fees on three of them as the smooth talker
gave them a brochure showing the fees held charge. He reviewed the prices held
read for the financial advisorls services and asked Council to look into this.
Mr. Johnson explained the discussion at the meeting was recommendation and
Council approval for the number one choice and the fees are to be negotiated and
if they aren't satisfied with the first firm, they come back and negotiate with
the second firm, which is part of the State Competitive Negotiations Act. He
further explained they don't discuss it until they approve the number one ranked
firm and then they'll negotiate as those are not firm prices. Mr. Ewing asked
if those might not be the fees. Mr. Johnson replied no.
Norman Billups, 1860 Pine Tree Drive, requested Council consider very seriously
postponing any voting in March until the Charter has been thoroughly researched
and written in a form that can be voted on and presented to the public through
various organizations, clubs, etc. He stated the majority donlt know anything
about it and it1s a miscarriage of justice unless this is accomplished.
Frank Roe, 2732 Juniper Drive, asked Council to add to the Charter that all
municipal bond issues will require approval of the majority of the voters in a
referendum. He added the $35 million dollar bond issue will cost double the
amount over 20 years. He suggested they start with Florida Shores and take it
as much of a pay as you go project as they can, because they'll have to raise
taxes.
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CONSENT AGENDA
Public Works Director's recommendation to purchase recyclina trailer and
container from Loadsystems: Parks & Recreation Director's request to purchase
Jacobsen mower under State bid: Parks & Recreation Director's recommendation to
purchase sod for Whhtle Stop Park from Brundaae Sod: Parks & Recreation
Director's recommendation to purchase equipment for Whhtle Stop Park from
Hunter-Knepshield: Parks & Recreation Director's recommendation to purchase clay
for Whistle Stop Park from Linkovich Excavatina. Inc.: Police Chief's request
to sian Mutual Aid Aareement with Volusia County: and Library Board Amended By-
Laws to reflect chanae in date of election of officers - Mayor Mitchum asked if
Council wanted to address any item. There were no comments. He requested a
motion to close the consent agenda. Councilman Hatfield so moved. Councilman
Gold seconded the motion. Motion CARRIED 5-0.
Councilman Hatfield moved to approve the consent agenda.
Bennington seconded the motion. Motion CARRIED 5-0.
Councilmember
NEW BUSINESS
Coronado Paint Company's request for 12 month extension for on site trailer used
for safety trainina and employee Quality meetinas - Mr. Johnson stated that about
a year ago Council approved an extension of 12 months for the trailer on the
Coronado Paint Company site and at that time Council said it would be the last
extension. He explained this is expiring and Mr. Dill was made aware Council
had said no more extensions but he wanted to ask them again because they didn't
complete their facility due to economic reasons and they're getting ready to
submit preliminary plans. Councilman Gold moved that the request not be granted.
Councilman Hatfield seconded the motion. Councilmember Bennington stated it1s
been there about 30 months which was plenty of time. Mayor Mitchum asked when
they1d be ready. Mr. Johnson replied the memo said the funds are there. Mayor
Mitchum pointed out it's a good company and good for the area but if they're
going to submit a site plan, Council could require it be within 3 to 6 months.
Councilmember Bennington noted it's already been 30 months and agreed it's a good
company but Council has bent over backward to accommodate them. Motion CARRIED
4-1. Mayor Mitchum voted NO.
Ellen Weller. District Director for Florida Informed Parents. request for
financial assistance - Mrs. Weller explained the organization has been involved
in drug prevention for 10 years and the last four years they had a Vista
volunteer that was paid subsistence but that grant expired October 1st and
they've been on a voluntary basis with no assistance since then. She said they
have an opportunity for a highly trained field representative and Debbie Kemp
was accepted who has a degree in school psychology. She reviewed some of their
projects they hope to accomplish. She said New Smyrna Beach City Commission gave
them $4,000. She noted they have an information center on Ridgewood Avenue and
work as much here as in New Smyrna Beach. Councilmember Bennington stated she
90t money in this year's budget. Mrs. Weller said it1s $500 and their rent is
$200 but they didn't know about this and just found out in December. She added
they were chosen 1 of 20 in the State for the program. Councilmember Bennington
asked if it's for salary of the person. Mrs. Weller replied it's to match what
theylll be giving them. Councilmember Bennington asked if she'd approached Oak
Hill. Mrs. Weller replied no. Councilmember Bennington asked about the County.
Mrs. Weller replied she approached them last year and they said no because they
don't have a director so they'll try again this year, but most of their money
goes to the United Child Day Care. Councilman Fish asked where they could file
some money to help. Mr. Johnson repl ied they can appropriate from unappropriated
funds if they desire. Councilmember Bennington asked if this will be yearly.
Mrs. Weller replied they renewed Vista three times and they hope to have this
three times. Councilmember Bennington complimented Mrs. Weller on the big
improvements from when they started. Councilman Gold pointed out one was refused
because there were no funds budgeted and if they consider one, will they have
to reconsider the other one and any others that come in because they can't show
partiality and they all have a good cause. Councilman Hatfield stated the worth
of the drug program is the bottom line. Councilmember Bennington did not feel
they're setting a precedent if they decide to give Chemical People some money.
Councilman Gold again asked if they'll have to reconsider one that was denied.
Councilmember Bennington didn't think so. Councilman Hatfield asked the conse-
quences if they don't raise the money. Mrs. Weller replied she'll keep asking
for it and standing on street corners.
2 Council Regular Meeting Minutes
January 10, 1990
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NEW BUSINESS (Continued)
Ellen Weller. Di strict Director for Florida Informed Parents. request for
financial assistance (Continued) Councilmember Bennington asked if the
recreation impact fees could fund this. City Attorney Alvarez replied by law
the recreation impact fees can only be used for capital outlay. Councilmember
Bennington asked if rent on the building could be capital outlay. City Attorney
Alvarez replied no.
Councilman Fish moved they support these people to the sum of $4,000 for this
year. He added he thinks it's a worthwhile cause that benefits the children of
this City and they're located in this City and not far away where they wouldn't
know what happens to the money. He said every dollar spent to try to educate
and prevent saves them far more in the long run. Counci lmember Bennington
seconded the motion. Motion CARRIED 4-1. Councilman Gold voted NO.
Land Development & Regulatory Agency. s recommendation to deny zone change at 1904
South Riverside Drive from R-1 to R-4 - Mr. Johnson stated at the December 14th
meeting the LDRA recommended the request for 1904 South Riverside Drive to be
rezoned from R-l to R-4 be denied and Council needs to accept this and set a
public hearing. Councilmember Bennington moved they accept the LDRA
recommendation and schedule a public hearing. Councilman Gold seconded the
motion. Motion CARRIED 5-0.
CIP Committee.s recommendation on selection of financial advisor - Mr. Johnson
stated the CIP Committee sent out RFP's to 36 firms, nine firms replied with 2
of those submitting no bid. He said they interviewed five firms that came to
a meeting held January 3rd and then on January 8th they heard presentations from
four of the firms. He stated the Committee recommends Raymond James Associates
as first choice, Evensen Dodge and Public Financial Management as second choice
and that the Committee be allowed to negotiate with the number one candidate and
come back to Counci 1 with a proposed fee schedule and contract. Counci lman
Hatfield asked if they can negotiate with two companies. Mr. Johnson explained
you usually negotiate with the number one firm and if you cannot reach agreement
you go to the number two firm but it will come to Council for a final decision.
Councilmember Bennington asked how long the negotiation process will take. Mr.
Johnson replied it's possible to have it for the Council meeting on the 22nd.
Councilman Fish moved they authorize the CIP Committee to negotiate with Raymond
James & Associates as their first choice and if that should fall through, then
negot i ate with Pub 1 i c Finane i a 1 Management and then Evensen Dodge. Councilmember
Bennington seconded the motion. Motion CARRIED 5-0.
ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS
First Reading:
Ord. 90-0-1 Convenience store robbery prevention - Mayor Mitchum read the
ordinance. ORD. 90-0-1 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AMENDING CHAPTER 12, 1I0FFENSES AND MISCELLANEOUS PROVISIONSII
OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CREATING ARTICLE
III, SECTION 12.6 ENTITLED "CONVENIENCE STORESII BY PROVIDING FOR DEFINITIONS;
ESTABLISHING REGULATIONS; ESTABLISHING SECURITY MEASURES INCLUDING TRAINING,
NUMBER OF PERSONNEL TO BE ON DUTY AND LIGHTING REQUIREMENTS; ESTABLISHING A RIGHT
OF ENTRY FOR INSPECTION; ESTABLISHING PENALTIES; CONTAINING A REPEALER PROVISION,
A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved
they accept Ordinance 90-0-1. Councilman Gold seconded the motion. Councilman
Hatfield asked to amend this to be instead of midnight to 7 am it be 6 am because
a lot of stores are open at 6 am and he doesn't feel there's quite as much danger
then as at 4 or 5 am. Councilman Fish moved to amend his motion to reflect
Councilman Hatfield's comments. Councilman Gold seconded the motion.
Councilmember Bennington expressed concern for the people's safety but didn't
feel government has the right or responsibility to tell private businesses the
number of employees they should have on a shift and if they start with
convenience stores, they could go to another type of business. She thought they
could control items such as the window location and the parking lot illumination.
She said they can1t put value on human life but how will two people stop a
robbery and they're governing by crises.
Mr. Frank Roe asked to speak. Mayor Mitchum advised him this is not a public
hearing.
3 Council Regular Meeting Minutes
January 10, 1990
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ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued)
First Reading:
Ord. 90-0-1 Convenience store robbery prevention (Continued)
Mayor Mitchum stated he doesn1t think they're governing by crises but feels it1s
a very important issue and a lot of municipalities are progressing toward this.
He suggested on the 6 a.m. issue the motion could be amended to include anyplace
where it's 7 a.m. be made 6 a.m.
Councilman Fish referred to an article in the newspaper about Gainesville and
ours was patterned after theirs. He pointed out they don't have the problems
here but they don1t want to see them. Councilman Hatfield stated this is an
example of proactive instead of reactive that Councilman Fish had pledged when
he ran for office and now is the time to be thinking of these issues. Council-
member Bennington again stated she doesn1t object to the safety but to mandating
how many people on a shift and there are other ways to protect people rather than
mandating the number of people.
Councilman Fish included in his motion to change it from 7 a.m. to 6 a.m..
Councilman Gold seconded. Motion CARRIED 4-1. Councilmember Bennington voted
NO, explaining it was for the reasons stated.
Mayor Mitchum advised Frank Roe the next meeting will be a public hearing.
Res. 90-R-l Appointing one member to Library Board due to expiration of term of
current member - Councilman Fish moved they reappoint Mary Rice to the Library
Board. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Mayor
Mitchum read the Resolution. RES. 90-R-1 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE LIBRARY 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 inserted the name of Mary Rice
for a three year term to end January 19, 1993. Councilman Gold moved for
approval of Resolution 90-R-1. Councilman Fish seconded the motion. Motion
CARRIED 5-0.
Res. 90-R-2 Authorizing purchase of 26+ acres surplus School Board property
adjacent to Elementary School - Mayor Mitchum read the Resolution. RES. 90-R-
Z - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTH-
ORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT FOR SALE AND PURCHASE AND THE
ATTACHED ADDENDUM WITH THE SCHOOL DISTRICT OF VOLUSIA COUNTY, FOR THE PURCHASE
OF APPROXIMATELY 26+ ACRES OF SURPLUS PROPERTY AT EDGEWATER ELEMENTARY, AND THE
CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
FOR AN EFFECTIVE DATE. Councilman Fish asked if all the funds will come from
recreational impact fees. Mr. Johnson replied yes. Councilman Fish moved to
accept Resolution 90-R-2, noting it will be a true community park. Councilmember
Bennington seconded the motion. Motion CARRIED 5-0.
Res. 90-R-3 Participation in Volusia Council of Governments Cooperative
Purchasing Council Program and appointment of representative - Mayor Mitchum read
the Resolution. RES. 90-R-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING PARTICIPATION IN THE COOPERATIVE PURCHASING
PROGRAM AND COUNCIL OF THE VOLUSIA COUNCIL OF GOVERNMENTS (VCOG); REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Counci lman
Hatfield stated his is one of the more important steps they.ve taken to working
with other municipalities in a mutual assistance program to save money. He moved
they accept Resolution 90-R-3. Councilman Gold seconded the motion. Motion
CARRIED 5-0.
Res. 90-R-4 Amendments to General Emplovees Pension Plan re: designated
beneficiarv for death benefit and lump sum death benefit to be the present
accrued value at date of death - Mayor Mitchum read the Resolution. RES. 90-R-
i-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
AUTHORIZING THE AMENDMENT OF THE CITY OF EDGEWATER GENERAL EMPLOYEES I PENSION
PLAN BY INCLUDING A DESIGNATED BENEFICIARY FOR THE DEATH BENEFIT ON DATE OF DEATH
AND PROVIDING FOR THE PAYMENT OF A LUMP SUM DEATH BENEFIT EQUAL TO THE PRESENT
VALUE OF THE PARTICIPANTS ACCRUED BENEFIT ON DATE OF DEATH; THE 20 YEAR FUNDING
COST WILL BE $4,192.00; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of
Resolution 90-R-4. Councilman Fish seconded the motion. Motion CARRIED 5-0.
4 Council Regular Meeting Minutes
January 10, 1990
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ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued)
Second Readina (Public Hearina):
Mayor Mitchum requested a motion to move from the regular meeting to the public
hearing. Councilman Hatfield so moved. Councilman Fish seconded the motion.
Motion CARRIED 5-0.
Ord. 89-0-38 Amendina City Charter - Mayor Mitchum read the Ordinance.
Ord. 89-0-38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
AMENDING THE CHARTER OF THE CITY OF EDGEWATER, BY PROVIDING FOR CHANGE OF
LANGUAGE WITH RESPECT TO CREATION AND POWERS, AND BOUNDARIES AND LIMITS; BY
PROVIDING FOR A CHANGE OF DATE FOR THE OATH OF OFFICE OF NEWLY ELECTED
COUNCILMEMBERS; BY PROVIDING FOR COMPENSATION OF COUNCILMEMBERS; BY PROVIDING
FOR A FILING FEE; BY PROVIDING FOR PASSAGE OF ORDINANCE IN ACCORDANCE WITH
GENERAL LAW; BY PROVIDING FOR CHANGE OF QUALIFICATIONS; BY REDEFINING THE POWERS
AND DUTIES OF THE MAYOR AND THE CITY COUNCIL; BY ESTABLISHING PROHIBITIONS FOR
THE CITY COUNCIL; BY CHANGING THE VACANCIES, FORFEITURES OF OFFICE AND FILLING
OF VACANCIES; BY CONSOLIDATING UNDER ARTICLE IV THE ACTING CITY MANAGER, CITY
CLERK, AND PERSONNEL SYSTEM; BY PROVIDING FOR CHANGE OF TIME OF ELECTIONS FROM
NOVEMBER TO MARCH; BY PROVIDING FOR A CHANGE OF TERMS OF OFFICE FOR THE MAYOR
AND THE CITY COUNCIL; PROVIDING A TRANSITION SCHEDULE; BY DELETING SECTIONS 7-
A, 19, 20, 22, 38, 39, 39-A, 40 THROUGH 128, 129-A, 130, 134; BY CONSOLIDATING
ALL SECTIONS OF THE EXISTING CHARTER INTO SIX ARTICLES CONSISTING OF ARTICLE I,
POWERS, ARTICLE II, CORPORATE LIMITS, ARTICLE II I, LEGISLATIVE, ARTICLE IV,
ADMINISTRATIVE, ARTICLE V, NOMINATIONS AND ELECTIONS, ARTICLE VI, TRANSITION
SCHEDULE; BY PROVIDING THAT THE PROPOSED AMENDMENTS TO THE CHARTER BE SUBMITTED
TO THE ELECTORS OF THE CITY OF EDGEWATER AT A REFERENDUM ELECTION OF MARCH 13,
1990; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE. He asked for audience comments on Ordinance 89-0-38.
Georqe Ewinq, 2923 Royal Palm, asked Council to consider Norman Billups's motion
first and vote on it and then he'll be prepared to comment after that. He said
Council doesn't act until it's out of the public hearing and there will be no
motion taken toward the public hearing.
John Siburn, Connecticut Avenue, stated they usually have one-third turnout with
November elections when other offices come up. He suggested they read these
carefully and hold it off until November and put it in plain, common English in
the paper so people can understand it. He added itls not fair to the people to
hold it in March.
Georae Ewinq stated Norman Billup's motion should be considered by Council. He
stated all his comments are his own primarily for the citizens. He said on
December 5th item 3.09.B., rules and journals, was approved unanimously to have
citizen comments at the beginning and prior to adjournment. He said a Councilman
on December 5th decided they didn't want representative government and the new
amendment is a drastic change with Council to determine its own rules of
business. He noted a citizen has to wait for second reading to say anything and
they should have a place at the end of the meeting to make comments. He pointed
out they have Questions from the Press and they should have Questions from
Citizens and hear what they have to say.
Frank Roe reiterated the Charter should have added to it that the municipal bond
issues should be voted on by referendum. He distributed copies of statements
held made.
Ken Millard referred to the legend regarding Mohammed and the mountain in
relation to a March or November election and the amount of voters that would turn
out. He stated only 19% turned out in Holly Hill and if Edgewater gets only
19% of 9,000, they don't have a true referendum. He suggested they change it
and postpone it and let 100% of the voters vote. He told Council: "Donlt hurry,
be happy."
Jake Lodico, 302 North Riverside Drive, stated held been on Council eight years.
He referred to changes made before to change it to 3 and 2 but two terms later
they changed it back to what it was. He asked them to start from scratch again
and let the City Manager advise them. He said two year terms are enough for
anybody and if youlre good, you'll be voted on to stay or be kicked out. He
stated the vote is low in March. He stated nobody ever asks him for information
based on his prior experience.
5 Council Regular Meeting Minutes
January 10, 1990
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ORDINANCES, PUBLIC HEARINGS AND RESOLUTIONS (Continued)
Second Readina (Public Hearina):
Ord. 89-0-38 Amendina City Charter (Continued)
Alice Murphy, 230 North Riverside Drive, asked Council to simplify this so the
average citizen can understand what's in this Charter. She asked that it be in
the newspaper. She asked if the Charter is passed if Council will be eligible
for a pension after serving so many times as many cities have. She said she
hopes the vote will be in November as they voted on 880 in July and nobody was
here and it caused a lot of trouble. She asked Council to educate the people
so the average citizens will know what they1re voting for.
Georae Ewina asked if it's a conflict of interest to have a member of Council
on the Charter Committee which includes compensation for Council. City Attorney
Alvarez said he checked this with the Commission on Ethics in Tallahassee and
they found there was no confl i ct and what was placed in the Charter was a
question to the voters and they might turn it down or approve it so the ultimate
decision is made by the voters and all Council and the Committee are doing is
putting together wording and choices. He added the issue of March or November
for a vote is going to be a choice to be made by the voters and it will be an
issue of the terms of office, whether alternate, 2 or 3 years, and there will
be choices with ultimate decision by the voters. Mr. Ewing stated they may like
a lot of things in the Charter but when they put 2 or 3 in that are not agreeable
to the voters he knows he'll campaign to throw out the entire Charter. He said
there are some items where they don't have a choice such as comments at the
beginning or the end, and at the last meeting he brought up that all department
heads should be residents of the City and that it be in the Charter but it's to
be a resident of the city and not for those presently and a couple are not
residents and could go on for 20 years without being residents. He suggested
if they aren1t residents, give them six months or a year to become residents
and then theylll take an interest in the City and pay taxes to the City. He said
it's a cut and dried Charter and the only choice is the term and the citizens
don't want that and they1re happy with the two years.
Mayor Mitchum requested a motion to go from the public hearing back to the
regular meeting. Councilman Hatfield so moved. Councilman Gold seconded the
motion. Motion CARRIED 5-0.
Mayor Mitchum stated the ordinance clearly reads to provide for times of changes
in election from November to March and it's as if the ordinance were passed, that
would be in the ballots that way. City Attorney Alvarez clarified that's only
a change if it's approved by the voters with one of the questions to be March
or November.
Councilman Hatfield stated it reads under Compensation, the only way Council can
change the amount of money they make is by referendum, so they have to have an
ordinance and referendum and be put on the ballots and it's not an automatic
raise. He said this is a good document to present and he doesn't want to see
it kicked out because of the time it comes up for referendum, and if waiting six
months to get it passed would guarantee the people will have full knowledge of
it, they'd have made every attempt to answer questions.
Mayor Mitchum stated he's content with most of the document and a lot of hard
work went into it. He said Norman Billup's suggestion may have merit and going
from now to November for the Charter isn't that much and he concurs that there1s
no real rush for this referendum to be done. He said people can look at this,
more comments can be made, and more work can be done, then they'd have made every
effort. He said he doesn't have a problem with waiting from March to November.
Councilman Fish agreed and said some good points were brought out and most
people are accustomed to voting in November and they can provide the option but
have the referendum in November. He added they want to give the people the
choices and he agrees that Norman Billups made a good comment and Ken Millard
did also and he's in favor or leaving it until the November elections.
Councilman Hatfield suggested they might take up George Ewing's suggestion to
have on the referendum about citizen comments and questions at the end may be
another question should be asked on the referendum. He added they want this to
be a Charter for the people and it won't please everyone. He noted he disagrees
with the residency.
6 Council Regular Meeting Minutes
January 10, 1990
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ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued)
Second Reading (Public Hearing):
Ord. 89-0-38 AmenQ~g City Charter (Continued)
Councilman Hatfield moved to send this back to the Charter Review Committee and
let's hold more public meetings with the Charter Review Committee and make sure
this is the best document they can give to the people. Councilman Fish seconded
the motion. Councilmember Bennington agreed it's a good idea and if they're
going to have the Charter Review Committee work to refine it more, she'd like
Council to authorize them to have funds to help with advertising in getting it
out to the people so they'll understand it. Councilman Hatfield suggested they
take that up at a later date when they get closer to the time, perhaps two months
before they go to the vote. He noted there will always be problems and not
everyone will be 100% satisfied but they want it to be effective and the Charter
they have now is not effective. Councilmember Bennington felt two months before
is rushing it and not giving people time to read it and ask questions. Mayor
Mitchum suggested at the first meeting the Committee could define a concept and
bring it back. Councilmember Bennington agreed they'd do that. Motion CARRIED
5-0.
UNFINISHED BUSINESS
Proposed draft ordinance on landscape buffer areas - Mr. Johnson stated in July
Councilmember Bennington asked LDRA and Industrial Development Board to consider
changes for a 25 foot planted buffer not to be grass or retention for industrial
parcels abutting residential zoning. Councilmember Bennington moved to authorize
the City Attorney to draw up this ordinance for the next regular meeting.
Councilman Gold seconded the motion. Councilmember Bennington asked if they'll
enforce it or ask preliminary site plants to adhere to it while it's being drawn
up. City Attorney Alvarez suggested they may want to alert applicants that the
ordinance is being put together but they can't enforce it. Councilmember
Bennington said they wouldn't hit them cold with it. Motion CARRIED 5-0.
COUNCIL/OFFICERS REPORTS
City Attorney - City Attorney Alvarez had no report at this time.
City Manager - Mr. Johnson had no report at this time.
City Council - Councilmember Bennington stated she'd asked the City Manager to
write a letter to the County to inquire the exact status of the Park Avenue bike
path and when they can anticipate it and get a formal written report from the
County.
Councilman Gold asked the progress on a City Engineer. Mr. Johnson replied the
application deadline is January 15th.
Councilman Fish asked the status of the new sound system for Council chambers.
Mr. Johnson replied it was delayed because of roof leaks and part of the project
is in the ceiling. He added Jack Corder's office is preparing it.
QUESTIONS FROM PRESS
Jennifer Halperin, News Journal, asked if the candidates may be running for
office in November when the Charter amendment is suggested and not know how long
the terms will be. Councilman Hatfield said it may be a change to reflect in
1992 elections but they'll have to discuss it.
ADJOURN
Councilman Fish so moved. Councilman Hatfield seconded the motion. Meeting
adjourned at 8:35 p.m.
7 Council Regular Meeting Minutes
January 10, 1990
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Minutes submitted by:
Lura Sue Koser
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8 Council Regular Meeting Minutes
January 10, 1990