Loading...
12-05-1988 - Regular ,.,. ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 5, 1988 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Danny Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish Present Present Present Present Present City Attorney Jose' Alvarez City Manager William Powers Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Pastor Sal Siano, Edgewater Alliance Church, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meeting of November 28, 1988 - Councilman Gold moved they accept the minutes. Councilman Fish seconded the motion. Motion CARRIED 4-1. Councilwoman Bennington voted NO due to not being present at the meeting. CONSENT AGENDA Job Description for Finance Director; Job descriptions as recommended by Merit Board; Christmas food certificates for City employees; and Purchase of vehicle under State bid for Code Enforcement office - Councilwoman Bennington requested removing "Job Description for Finance Director" from the consent agenda. Council- man Hatfield agreed he'd like it removed also. Mayor Mitchum requested a motion to close the consent agenda. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mayor Mitchum requested a motion to approve the consent agenda. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Job Description for Finance Director - Councilwoman Bennington expressed her views to allow equivalent experience in place of the graduation from a four year college with major course work in accounting. She then moved that the training and experience, in addition to what it says now, also states "or equivalent work experience", and to be added after .."course work in accounting". Councilman Gold asked if that's education plus related experience or just experience. Mr. Powers replied that's plus the related experience. Councilman Gold seconded the motion. Councilman Hatfield asked if the next step is hiring a Finance Director and Mayor Mitchum replied they'll advertise and then hire, and they're voting on the change. Motion CARRIED 3-2. Mayor Mitchum and Councilman Hatfield voted NO. ORDINANCES AND PUBLIC HEARINGS Mayor Mitchum requested a motion to recess the regular meeting and go to the Public Hearing. Councilwoman Bennington so moved. Councilman Gold seconded the motion. Motion CARRIED 5-0. Mayor Mitchum then explained this is just first readings and not a Public Hearing and he requested a motion to close the Public Hearing. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. First Reading: Ord. 88-0-31 Amending Sect. 7-21.1 (b) re: building permit fees for street lighting systems - City Attorney Alvarez read this Ordinance. ORD. 88-0-31 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 7-21.l(b) "ADDITION TO BUILDING PERMIT FEE FOR STREET LIGHTING SYSTEM" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY PROVIDING ADDITIONAL METHODS FOR EVALUATION; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is first reading. Councilwoman Bennington moved they adopt this ordinance 88-0-31. Councilman Fish seconded the motion. Motion CARRIED 5-0. ,..., ..""" ORDINANCES AND PUBLIC HEARINGS (Continued) Ord. 88-0-32 Amending Sect. 606.04, B-5 Planned Shopping Center District - Mayor Mitchum asked to place this under the City Manager's reports. There was no objection from Council. Res. 88-R-6l Grant application for development of Whistle Stop Park - City Attorney Alvarez read this resolution. RES. 88-R-6l - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF NATURAL RESOURCES, DIVISION OF RECREATION AND PARKS; ASSURING THAT THE REQUIRED 50 PERCENT MATCHING FUNDS WILL BE AVAILABLE; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE APPLICATION; ASSURING THAT FUNDING IS AVAILABLE UPON COMPLETION TO OPERATE THE FACILITY; REPEALING ALL RESOLUTIONS IN CONFLICT HERWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Council- woman Bennington moved they adopt Resolution 88-R-6l. Councilman Gold seconded the motion. Motion CARRIED 5-0. Res. 88-R-62 Appointing Vice Mayor and Acting Mayor - City Attorney Alvarez read the resolution by title. RES. 88-R-62 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING A VICE MAYOR AND AN ACTING MAYOR OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Hatfield nominated Councilman Gold as Vice Mayor. Councilman Fish nominated Councilman Hatfield for Vice Mayor. Roll call on nomination of Councilman Gold as Vice Mayor CARRIED 4-1. Councilman Fish voted NO. Councilwoman Bennington nominated Councilman Fish as Acting Mayor. There were no other nominations. Roll call on nomination of Councilman Fish as Acting Mayor CARRIED 5-0. City Attorney Alvarez read the resolution again with the names of the newly appointed Vice Mayor and Acting Mayor inserted. Mayor Mitchum requested action on the resolution. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Res. 88-R-63 Adopting policy re: vacating public rights of way - City Attorney Alvarez read this resolution. RES. 88-R-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING A POLICY AGAINST VACATING ANY PUBLIC RIGHTS OF WAY UNLESS INITIATED BY THE CITY FOR ITS BENEFIT; REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold requested a definition of rights of way according to this resolution. City Attorney Alvarez explained a right of way is usually a corridor of real estate owned by the City or deeded to the City for the public use and it could be a street or alley or streets in a subdivision and used by the public as a public thoroughfare. Mayor Mitchum asked if this is a recommendation from the Land Development and Regulatory Agency and Mr. Powers replied no. Mayor Mitchum recommended they table this and send it to LDRA. City Attorney Alvarez reviewed the previous policy for vacating and pointed out there's no established policy by Council. Councilman Gold asked if the City could retain mineral rights after they give it up and City Attorney Alvarez explained they'd have to research if the right of way was dedicated for public use or if the City purchased it. Councilwoman Bennington moved they TABLE this and send it to the Land Develop- ment and Regulatory Agency. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Second Reading: There were no ordinances for second reading on this agenda. UNFINISHED BUSINESS There was no unfinished business for this meeting. NEW BUSINESS Introduction of newly elected Fire and Rescue officers - Mr. Pat DiLeva, Administrative Chief, Edgewater Volunteer Fire Department, introduced those members in the audience who were able to be present. He noted that several members had t~ work or were in educational courses. He reviewed qualifications. Kevin Williams, Rescue President, introduced his members present and read the names of others unable to be there. Mr. DiLeva then introduced the Ladies Auxiliary officers. -2- Council Regular Meeting Minutes December 5, 1988 'W' "WI NEW BUSINESS (Continued) Parks and Recreation Department's recommendations on bids for Veterans Park - Councilman Gold moved they accept the bids. Councilwoman Bennington seconded the motion. Mayor Mitchum questioned the amount of money involved. Mr. Powers explained there were several bids for the fishing pier, revetment wall, rest- room, and the parking lot, and they have a matching grant from the Port Authority and our matching portion of the $74,000. grant is $37,000. He added that with the difference of about $18,000, they'll cover such items as landscaping and the rest will be returned to the reserve trust for land for parks and open spaces. He pointed out they have to spend the money and then be reimbursed. Mayor Mitchum asked for the City Attorney's input regarding the self-imposed hold on the trust fund and removal. There was discussion regarding the amount of money involved. City Attorney Alvarez stated he didn't advocate a freezing of the fund but Council may wish to proceed in an abundance of caution with any expenditures that are not necessary. He explained that in the next two to three months he'd be able to give them an assessment on the weaknesses and strengths of the litigation. Councilwoman Bennington questioned the amount of time to be reimbursed by the Port Authority if Council approves it. Mr. Powers replied they submit the receipts and it's approved so it's just a matter of paper work. Councilwoman Bennington asked if the entire project has to be completed and Mr. Powers replied it may have some draws. Councilwoman Bennington asked when it would start and finish if approved. Mr. Powers replied they can proceed with the awarding of the bid. David Garrett, Recreation Director/Buildings & Grounds Maintenance Superintendent, stated it's 60 days after the paper work is processed for completion. Councilman Gold moved they accept it. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Parks and Recreation Department's request for budget amendment for utilization of impact fees - Councilman Hatfield asked if these items were in the 1989 budget. Mr. Powers replied they were in the 1988 budget and then it was frozen and they weren't carried over. There was discussion regarding the items covered by this amendment. Councilwoman Bennington moved to approve the $74,000. Councilman Hatfield seconded the motion. Motion CARRIED 3-2. Councilman Fish and Mayor Mitchum voted NO. There was discussion of the status of the park. Mr. David Garrett, Recreation Director/Buildings and Grounds Maintenance Superintendent, stated the $27,020. would basically finish phase 1, and the first three items are required by the County: gutter on restrooms; concrete approach at entrance; and sod. Council- woman Bennington asked why this wasn't done when they wrote up the contract and Mr. Garrett replied they weren't sure at the time that it was required and then they were put on a freeze. Mayor Mitchum pointed out this is from the recre- ational impact fees and won't be coming from the general fund. Councilman Hatfield moved they accept the $27,020. Councilman Fish seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Norman Billups, 1860 Pine Tree Drive, asked if the soccer and ballfield could be there instead of spending money at the school. Mayor Mitchum reviewed his recent meeting with Mr. Powers and the School Board representatives on the new location of the Elementary School on Roberts Road. He said they discussed joint usage to serve the needs of the school and Edgewater's recreation. Mr. Billups apologized to the members of the Land Development and Regulatory Agency for comments he'd written that were printed in the newspaper about the indoor flea market. He suggested they have an immediate and intense update of the City's Charter and ordinances. Joe Martin, 6 Laughing Gull Lane, suggested each case for vacating of rights of way should stand on its own merit. Mr. Martin then spoke on the County's study for a proposed water and sewer service area that will overlap the area adopted by the City as its service area. Mr. Martin also spoke on the "rails to trails" program along Park Avenue to Mission Road to 442 and the uses as an industrial site and as a hiking trail. Mayor Mitchum requested Mr. Powers look into these as the City extended to the South for the proposed water and sewer area. -3- Council Regular Meeting Minutes December 5, 1988 ...,. .." CITIZEN COMMENTS (Continued) Joan Strong, India Palm Drive, asked about the hazardous materials behind her house and the site plans for the shed. Mayor Mitchum requested that Mrs. Strong contact Mr. Powers to give him the information and she agreed to do so. Ruth A. (Liz) Taylor, Travelers Palm Drive, again center and planned activities for the area youth. would talk with the Recreation Department to try COUNCIL/OFFICERS REPORTS requested a senior citizens Mayor Mitchum stated they to get something started. City Attorney - City Attorney Alvarez deferred his statements until later. City Manager - Mr. Powers explained that Ordinance 88-0-32 should have been stamped as a 'draft' and it deals with multi-licensed vendors in one structure. He reconnnended it be remanded to Land Development and Regulatory Agency for review and then it would come to Council for the January meeting when zoning-type changes can be heard. He suggested Council may want to consider a temporary occupational license. City Attorney Alvarez stated the issue is one that points to procedure more than to substance and he was asked by the Manager to look into the matter. He said he found two items, and did not find per se opposition to the concept in the B-S district, and the activity is very popular due to weather up north. He added that he did find that the proper procedure had not been followed in this matter to go through the necessary steps and as to responsibility for that, it's a matter for administration. He stated that after a public hearing before the Land Development and Regulatory Agency, it was the reconnnendation of the Agency that indoor flea markets as a use be allowed within the special exception uses in the B-S zoning districts and that reconnnendation is before Council tonight through the memo from the City Manager, as well as the draft ordinance which will come back to the Council after further review by the LDRA. He stated the concept is a threshold one and if Council approves the LDRA reconnnendation, they'll proceed with necessary changes to the B-S district and future adoption of the ordinance. He stated that if Council doesn't accept the reconnnendation, then that's the end of the road as far as the City is concerned administratively. City Attorney Alvarez stated the second issue is dealing with the particular circumstances applicable to the certain business in question which made the initial application which caused all this confusion. He noted that Mr. Ted Doran, attorney for the applicants, was in the audience. He stated that the position of the applicants is that if Council approves the B-S amendment, the indoor flea market, what's left is procedure and the adoption of the ordinance, but Council could not adopt the ordinance and LDRA could not accept their appli- cation, and with that understanding, they're willing to go ahead and operate under a temporary permit for 60 days with the following conditions: That if the matter is not resolved and for some reason litigation ensues in the future, that the fact that the City granted the temporary permit would not be used in court against the City, and secondly, that an insurance policy naming the City as an additional beneficiary in case any claims occur during the 60-day period, or perhaps in the future occur, be obtained indemnifying the City. He stated they will further agree that they're going to proceed at their own risk in that they recognize that during the procedure for adoption of amend- ment, the B-S may not be amended to allow for this type of use, and that the granting of this temporary permit is without consideration to the City and a recognition of the fact that due to the action in part alleged from some City officials, this confusion arose. He added that the temporary license will not grant any future rights to demand a permanent occupation license. He asked Attorney Doran if that's the previous discussion and if his statements accurately reflect the representation and agreement his client agreed to if Council approves the recommendation of the LDRA and secondly, if they decide to grant the temporary license. Attorney Doran replied essentially, yes, and they'll proceed at their own risk to the extent they are granted a temporary permit and will not use that against anybody in court but will preserve their original position that they're not a flea market at all. He added they understand they were defined as an indoor flea market and to minimize any losses that might occur, they'll accept the proposal and go forward. -4- Council Regular Meeting Minutes December S, 1988 . ...., COUNCIL/OFFICERS REPORTS (Continued) City Manager (Continued) - City Attorney Alvarez said that he understood Mr. Doran's client had stated at the LDRA meeting that at the very beginning of the entire process, he'd told the Building Official that he wanted to open an indoor flea market. Attorney Doran stated he didn't think they need to open the entire discussion and they made their position clear at the LDRA meeting which is on tape. He stated the terms set forth by the City Attorney are acceptable to them, but they don't want to give up anything they've had or any position they've taken in the past, and they want to resolve the issue and open as quickly as possible. He added they understand the terms and are prepared to go forward without foregoing rights they had in the past. City Attorney Alvarez explained his comments were predicated on Attorney Doran's letter to his office. Acting City Clerk Wadsworth read the letter which had been received by City Attorney Alvarez that date. Mayor Mitchum called a recess at 8:14 P.M. due to a Council member being away from his seat. He called the meeting back to order at 8:15 P.M. Attorney Doran stated they stand by their letter and are interested in going forward and on the basis that this will resolve the problem, neither party is giving up anything by virtue of moving forward. He presented the insurance binder with the City named as co-insured. City Attorney Alvarez pointed out that if the Council grants the temporary license, the requirements for the benefit of the public from the point of view of all necessary safety and fire protection will have to be met. Attorney Doran agreed they'd meet any reasonable requests made by the City to get this open. City Attorney Alvarez explained the requests will be in the Codes with the fire code and parking requirements and any other requirements, such as Southern Standard Building Codes. Attorney Doran stated they had no problems with that and they were referring to any other conditions that might be put on them. City Attorney Alvarez asked the limits of the insurance binder and Attorney Doran replied $500,000. Mr. William Ames stated their concern was that some members of a board at their option may set down criteria that would be unreas- onable. He referred to the parking for flea markets with 3 spaces per table. Councilman Hatfield questioned who established the $500,000 limit and Mr. Ames replied that City Attorney Alvarez requested the insurance from Attorney Doran. City Attorney Alvarez clarified that he'd suggested $500,000 as the minimum and Council can change that as there was no agreement. Mr. Ames stated it's $500,000 liability and also $500,000 property damage. Councilman Hatfield and City Attorney Alvarez discussed possible liability areas, such as, traffic flow and potential for collision, parking availability, and bathrooms. City Attorney Alvarez pointed out they're willing to meet the requirements of the criteria in the proposed ordinance, knowing that the require- ments won't be lessened from the temporary to permanent. Councilman Hatfield asked if fire requirements will be met before they open their doors and City Attorney Alvarez replied yes. Mr. Ames stated that he went over the fire with David Jones and he'll have the electrician there for the wiring as soon as he gets his permit. Councilwoman Bennington asked if they'll meet all the criteria in the ordinance as they'd indicated a problem with the parking. Mr. Ames explained that was an outdoor flea market they discussed at the LDRA, but based on the existing building and existing parking lot and number of tables and vendors, if they had 3 spaces per table as in outdoor flea marke ts, they wouldn't have enough parking. Councilman Hatfield asked the number of parking spaces and Mr. Ames replied about 180 in front and approximately 30 in the rear. Mayor Mitchum clarified they aren't approving the ordinance at this meeting and it's a draft ordinance and they'd be approving the recommendation or concept from the LDRA and this ordinance will go back to LDRA. City Attorney Alvarez agreed that's correct. -5- Council Regular Meeting Minutes December 5, 1988 .'-' """"" COUNCIL/OFFICERS REPORTS (Continued) City Manager (Continued) - City Attorney Alvarez asked if the criteria presented any other problem than the parking mentioned. Mr. Ames replied that most of the criteria was standard in B-S and not so stringent that it would prohibit his use. Councilwoman Bennington pointed out it's from B-3 outdoor flea market criteria. City Attorney Alvarez presented the proposed ordinance to Attorney Doran and Mr. Ames for their review. Councilman Fish asked if the 3 offstreet parking spaces for each rental space or structure is each table or a larger area. City Attorney Alvarez replied that specific criteria on parking was arrived at with minimum discussion and the entire proceeding has taken place with the understanding that the existing parking will be sufficient, and the question would be if there should be a limit on the number of vendors, or the number be established as to a maximum. Mr. Ames stated they wouldn't be able to operate under the criteria in #5 with 3 offstreet parking spaces, and #9 was a request for floor plans signed and sealed by an architect and he gave a letter to the Mayor which had been signed and sealed from a State licensed engineer who addressed the structure. He said they also applied for copies from the archives of the front cover page and the building permit that was issued when the structure was built. City Attorney Alvarez asked the number of vendors and Mr. Ames replied there are 88 spaces but sometimes they take more than one space and you can put 7 or 8 tables in there. Mayor Mitchum explained they're talking space and not tables and if there were 40 vendors, that would be 40 spaces. Mr. Ames agreed that's correct. City Attorney Alvarez asked about the parking calculations done by staff. Mrs. Lynne Plaskett, Planning Assistant/Grant Administrator, stated that the number of spaces total for the shopping center was 165, front and back. Councilwoman Bennington pointed out that includes the other businesses there now. Mrs. Plaskett stated the barber shop requires 7 spaces and Daytona Service requires 27 spaces. Mr. Powers pointed out the Dollar Stores requirements, with 108 spaces available, and if you divide that by 3, it allows 36 vendors for the space but the space may be a different size. Mr. Ames stated he had no problem with that. Mayor Mitchum asked if 36 vendors is acceptable to staff and Mrs. Plaskett replied to staff, but she doesn't know about LDRA. Mayor Mitchum pointed out this concerns temporary license and nothing else. Mayor Mitchum stated that in fairness to the confusion that was between the applicants and the City, he believes they should proceed with a temporary license to Mr. Ames with the stipulations that were brought up and agreed to by the attorneys and the ordinance will go back to LDRA for their interpretation and then brought back to Council for first reading. City Attorney Alvarez suggested they consider the issues separately, and asked if Council accepts the LDRA recommendation of allowing indoor flea markets in B-S as a special exception. Councilman Hatfield moved to accept their recommen- dation, and then asked about the problem with #9. Mr. Ames replied he'd given that to the Mayor. City Attorney Alvarez stated it's no longer a problem, and the recommendation from LDRA is to allow indoor flea markets as special exceptions in the B-S district. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 3-2. Councilwoman Bennington and Councilman Gold voted NO. City Attorney Alvarez stated the next issue is the draft ordinance. Council- woman Bennington asked to hear from the Chairman of LDRA. Mayor Mitchum reviewed his prior to election commitment that he would not let meetings get out of hand and stated his respect for the LDRA to conduct their meetings and his expectation that they also respect Council's right to conduct their meetings, with no interference unless justified. Nancy Blazi, 105 Orange Avenue, Chairman of LDRA, pointed out there are some points in the ordinance the board has not seen. She asked if they will be required to come back before the board and meet all the requirements when they request a permanent license as other businesses do. City Attorney Alvarez replied yes, and Attorney Doran had asked if they could apply to LDRA at the same time as the Council is considering adoption of the ordinance to save time. Mrs. Blazi stated they'll be at risk until the ordinance is passed and City Attorney Alvarez agreed. -6- Council Regular Meeting Minutes December 5, 1988 -- ....., COUNCIL/OFFICERS REPORTS (Continued) City Manager (Continued) - Mayor Mitchum recommended they provide a temporary license under the con- ditions that the attorneys have agreed to. Councilman Hatfield so moved. Councilman Fish seconded the motion. Councilwoman Bennington asked who will verify they meet the criteria to open if Council grants the temporary license. Mayor Mitchum replied it would be up to the Building Department and the Fire Code officer. City Attorney Alvarez pointed out it's the ultimate responsi- bility of the City Manager since it's an administrative matter and the point needs to be clarified with the City Manager that the criteria agreed upon contained in the proposed ordinance and in the letter from Attorney Doran and the limit of 36 vendors be strictly adhered to before the temporary license is issued. Councilwoman Bennington asked if it would be removal of the temporary license if they exceed the 36 vendors at any time during the 60 day period. City Attorney Alvarez clarified that each vendor is individually licensed and they'll stop at 36 licenses. Motion CARRIED 4-1. Councilwoman Bennington voted NO. Councilwoman Bennington moved that the City Manager verify that all of these conditions are met before they are allowed to open. Mayor Mitchum passed the gavel to Vice Mayor Gold and seconded the motion. Motion CARRIED 3-2. Councilmen Fish and Hatfield voted NO. The gavel was returned to Mayor Mitchum. Mr. Powers stated they'll be required to meet the standards and if not, the license will not be issued. City Council - Councilwoman Bennington suggested they hold periodic workshops to allow them to evaluate the job being done by the City Manager and to get to know him and his ideas for the City, and for him to perceive their pressing problems and the projects they have. She pointed out they could better evaluate him on job performance when the time comes. Mayor Mitchum suggested they all think about it and bring it back to the next meeting. Councilwoman Bennington moved that the Council have a workshop-special meeting and that it be in con- junction in case they have to take any action as soon as possible with the City Manager to establish their long range criteria. Mayor Mitchum suggested Council be on board longer before they start evaluations. Councilwoman Bennington noted that it's not evaluations at this time. Mayor Mitchum suggested they wait until after they attend the Newly Elected Officials Workshop. Motion DIED for lack of second. Mayor Mitchum asked that the City Manager bring back to the next meeting a recommendation on salaries with an analysis of City Manager-Council forms of government in towns our size throughout the State in depth. Mr. Powers asked if it's just for Councils and Mayor Mitchum replied yes. QUESTIONS FROM PRESS Tammi, News Journal, asked if they accepted the job description as amended or if they accepted the amendment. Mayor Mitchum replied they accepted it as amended. She asked if they'd voted against it because they didn't want the amendment and Mayor Mitchum replied that was correct. Tammi then asked about the vote to accept the LDRA recommendation but not the ordinance. Mayor Mitchum explained the ordinance can only be heard every other month and this will give them time to review it and they have to meet the criteria in the draft ordinance. City Attorney Alvarez explained the ordinance was not before Council to accept or reject, but for information. There was discussion between the City Attorney and reporter regarding the actions taken. ADJOURN Mayor Mitchum requested a motion to adjourn. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Meeting was adjourned at 8:55 P.M. Minutes submitted by: Lura Sue Koser -7- Council Regular Meeting Minutes December 5,1988 NOTE: Page -8- is signature page only. : "W' .....,. Signature page for minutes of City Council regular meeting of December 5, 1988. ATTEST: ~L;f;.4~ ACTING CITYVCLERK ",.'" ? // I... ----:~t ;JCt'~ {{. COUNCILMAN - ZONE HREE '7i~, j: F~ ~OUNCILMAN ~ ZONE FOUR Approved this~day of ~A-- MAYOR -8- Council Regular Meeting Minutes December 5, 1988