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10-16-1989 - Regular '-" ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 16, 1989 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 City Attorney Josel Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Excused Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Ed Hartman, Christian Life Center, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of October 2, 1989 - Councilman Hatfield moved they accept the minutes of October 2nd. Councilman Fish seconded the motion. Motion CARRIED 4-0. CITIZEN COMMENTS Mayor Mitchum advised there would be a three minute time limit for speaking. Georae Ewina, Royal Palm Drive, thanked Council for putting the agenda in the newspaper. He stated some of the Councilmen attend meetings for the City and don't get paid mileage for this and they should be paid and not have to take it out of their own pockets. He said the Charter includes compensation for Council members and the pay is geared to the consumer price index. He added if the pay isnlt adequate, they shouldn1t run for Council. He suggested compensation in the Charter be removed. Mr. Ewing suggested the letter regarding the sewer system should advise all the people that if a pressure system is installed, and when new homes are constructed, theylll have to put in a septic tank, and that wouldn't be the case if a gravity system were installed. He suggested they have a committee or some average citizens involved in counting the ballots and not leave it all up to members of the City or the City Council. John Siburn, Connecticut Avenue, spoke on the different platoon systems held worked under while in the Fire Department over 30 years. He advised Council and the City Manager to keep the 12 hour system for Police since the department likes it that way. CONSENT AGENDA City Clerk's request to purchase Advocate IV recording system and trans- criber from sole supplier (exceeds $2,000 limit): Public Works Superin- tendent's request to go out for bids for one taa-a-lona roll off recylina trailer and one roll-on roll-off container: Utilities Superintendent's request to gO out for bids for aravity sewer system repairs along New Hampshire, West Connecticut, Oak RidQe, and Flaaler Avenue - Mayor Mitchum asked if there were any requests to remove anything from the consent agenda. There were no comments. He requested a motion to close the consent agenda. Councilman Hatfield so moved. Councilman Gold seconded the motion. Motion CARRIED 4-0. Councilman Gold moved for adoption of the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. Mayor Mitchum requested moving item 7.A. regarding Eastern Shores Mobile Home Park up to this point. There were no objections from Council. ., ."., UNFINISHED BUSINESS Land Development & Requlatorv Aqency response re: their action on Eastern Shores Mobile Home Park request to open new park and close access road to U.S. 1 - Mr. Johnson explained this was referred back to LDRA for clarifi- cation as to why they denied the request of the property owner and it came back to Council. He pointed out that at the last meeting, due to what was termed improper notice to the legal counsel, it was asked that the matter be deferred until tonight. He read the four reasons listed by LDRA: 1) Traffic directed onto Eaton Road or Industrial Road would be a traffic hazard; 2) The State has determined the City cannot put more traffic onto U.S. 1 unless the City can keep the current level of service standards; 3) The way the park was set up is the way the people like it. It's a safe access for residents of the park, and for safety reasons the access should remain as it currently is; and 4) Safety and welfare of the residents and the City of Edgewater are the major concern at this time. Councilman Hatfield pointed out some of the residents held talked with aren1t thrilled with closing U.S. 1 and there was a question that they didn1t feel they had any right to tell them anything. Mr. Johnson stated held talked with the City Attorney at the LDRA meeting regarding whether they had the right under the Code because it's a private street. City Attorney Alvarez explained theylre private streets but the issue remains one of the safety and health of the residents of the park as to whether only one entrance can provide adequate access for services and emergency equipment. He said they1ve heard the argument from the attorney and owner and it's a private park and private entrance and they have the right to close it, and they.ve also heard the argument that it's a public safety issue and used since the inception of the park. He added there are some factual matters that aren1t clear, there's a question if the warning existed prior to this prospectus and how recently this prospectus was put out to the residents that alerts them the entrance may be blocked. He pointed out therels a vested right of the citizens and the City to demand that the entrance be kept open but those issues can only be settled by going before a judge unless some other mechanism can be found. Councilman Hatfield suggested a security gate with a chain link which would give the City access and egress in case of emergency and residents could use it as an exit in case the other side entrance is blocked and the only disturbance to the properties would be the gate in the back. He noted th i s was Counc ilwoman Benn i ngton I s project and since she's not present, Attorney Hood could take it back to Mr. Vidibor and they could table it until the next meeting. Attorney Hood stated he read the minutes related to the LDRA meeting and held asked it be incorporated in the minutes that they were afraid it would be commercial property all the way across, but their position is for the City to show them any regulation or ordinance that requires them to have more than one entrance. He pointed out the original proposal that was considered too dangerous before is now considered safe enough to have an emergency ingress and egress. He added that Mr. Vidibor doesn't want to fight with the City but he's not optimistic and will have a response within seven days. Councilman Hatfield asked if a park spokesperson was present. Jo Llovd, 16 Camino Real Court, stated she doesn1t feel it's necessary to have a second ingress or egress to the park regardless of the security gate. Councilman Hatfield explained his suggestion was to put a gate that was locked so nobody could come in but emergency vehicles and it would grant them an emergency egress and there would be no road there. Councilman Hatfield stated it will come back at the next meeting and they can have a representative so Council can deal with it as effectively as possible. Councilman Hatfield moved to TABLE until the next meeting. Councilman Fish seconded the motion. Motion CARRIED 4-0. Mayor Mitchum called a brief recess while members of the audience were leaving. He then called the meeting back to order. 2 Council Regular Meeting Minutes October 16, 1989 '-' "'WI' NEW BUSINESS Settlement on Earl Driggers vs City of Edgewater case - City Attorney Alvarez stated the attorney for Mr. Driggers has requested this matter be tabled. Councilman Fish moved they TABLE. Councilman Gold seconded the motion. Motion CARRIED 4-0. Mrs. Inman/Concerned Citizens Taxpayers of Edgewater re: post card survey for sewer system - Mr. Johnson read the October 6, 1989, correspondence signed by Mrs. Inman. "1. Have the cards (if agreed upon) be sent to a P.O. Box and a clergyman with some citizens of Edgewater open and verify each and everyone instead of any city employee, council, city attorney, or the manager involved. 2. We would like one of our citizens group be present also and check the cards." Mr. Johnson explained the question will be printed on post cards with the return sticker from the City and the list will be taken from the tax rolls. He said each address on the list will be stamped with a corresponding number and it will be colored so they cannot be xeroxed or changed and it will be controlled by number. He said the post card will have the address of the person with the label in the corner as a return address. Councilman Hatfield asked if these wi 11 be counted in pub 1 i c at an open meet i ng. Mr. Johnson rep 1 i ed it could be counted like a normal election and the City Clerk is in charge of it. He added the opinions will be numbered and checked back to the master list for control. Councilman Hatfield pointed out they'd have the right to inspect it since it's a public document. Mr. Johnson agreed. Councilman Hatfield said if there's any feeling of discrimination, the community would have the right to a recount. He added he doesn't see a need to have someone there to verify each one since it1s a public record. Councilman Gold stated a lot of people don't trust an elected official but some are requesting about six volunteers be selected with one group to count and one to tally with the City official to oversee and count the ballots. He added that no City official would be involved except to oversee it. Mayor Mitchum pointed out the City Clerk is mandated by the Election Laws and it would be appropriate for her to handle the whole thing as she'd done every election. He suggested no action needs to be taken. Councilman Fish agreed the City Clerk is more than capable of handling a task of this nature and it's part of her job. He added it's public record and open to the public and he agrees no special action needs to be taken. Councilman Fish moved they have the City Clerk conduct the polls as per standard policy. Councilman Hatfield seconded the motion. Motion CARRIED 3-1. Councilman Gold voted NO. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: Ord. 89-0-31 Amending Sections 7-350 and 7-353 to discontinue reauirement of $1.000 surety bond for contractors - City Attorney Alvarez read this Ordinance and stated this is first reading. ORD. 89-0-31 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE X, GENERAL CONTRACTORS, SECTIONS 7-350 "INSURANCE" AND 7.353, "CERTIFICATE OF REGISTRATION; APPLICATION, VALIDITY, RENEWAL" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY DELETING THE REQUIREMENT OF A $1,000.00 SURETY BOND FOR CONTRACTORS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of Ordinance 89-0-31. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. 3 Council Regular Meeting Minutes October 16, 1989 '-" ..., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Ord. 89-0-33 Amending R-4 zoning district to allow infill development of duplexes on lots with 8.250 square feet - City Attorney Alvarez stated this is first reading and he read the Ordinance. ORD. 89-0-33 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, SECTION 200.00 "INTERPRETATIONS OF CERTAIN TERMS AND WORDS", BY ESTABLISHING A DEFINITION FOR INFILL DEVELOPMENT, AND SECTION 603.01, R- 4 MULTI-FAMILY DISTRICT, (a) "PERMITTED USES" BY ALLOWING AND REGULATING DUPLEXES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they adopt 89-0- 33. Councilman Gold seconded the motion. Motion CARRIED 4-0. Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilman Fish so moved. Councilman Gold seconded the motion. Motion CARRIED 4-0. Second Reading: (Public Hearing) Ord. 89-0-30 Amending Section 13-22 personnel policies as recommended by Merit Board - City Attorney Alvarez read this Ordinance. ORD. 89-0-30 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA AMENDING CHAPTER 13, PERSONNEL, SECTION 13-22 (c), "DUTIES AND FUNCTIONS OF THE MERIT BOARD" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY AMENDING THE FUNCTIONS AND DUTIES OF THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; CONTAINING A REPEALER PROVISION, A SEVERA- BILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum asked for audience comments. There were none. Ord. 89-0-32 Amending Section 700.01 re: offset parking. A.. and buffers in B-2. B-3 and B-4 districts from 5' to 10' - City Attorney Alvarez stated this is second and final reading and he read the Ordinance. ORD. 89-0-32 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 700.02, "REQUIRED OFF-STREET PARKING" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CHANGING OFFSET A FROM FIVE FEET TO TEN FEET UNDER THE 90 DEGREE CATEGORY AND BY ADDING TO BUFFER E FOR THE B-2, B-3 AND B-4 DISTRICTS A TEN FOOT BUFFER REQUIREMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum asked for audience comments. There were none. 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 4-0. Ord. 89-0-30 - Councilman Hatfield moved they accept Ordinance 89-0-30. Councilman Fish seconded the motion. Motion CARRIED 4-0. Ord. 89-0-32 - Councilman Fish moved they adopt 89-0-32. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS This item was handled earlier in the meeting. See page 2 of these minutes. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez stated a settlement was discussed and approved in concept regarding the impact fee litigation and they'll be receiving a memo with the copy of the judge's orders. City Manager - Mr. Johnson stated he'll instruct the Building Department that before any permits are issued to have proof the impact fee to the County has been paid unless Council has an objection. He said the cities except one are using it and they feel they can make their objections known for zone 2 road impact fees and will make it effective November 1st. Mayor Mitchum agreed and requested a Council motion to affirm that. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. 4 Council Regular Meeting Minutes October 16, 1989 -. .... COUNCIL/OFFICERS REPORTS (Continued) City Manaaer (Continued) Mr. Johnson stated the hold harmless or indemnity agreement related to the use of private land for recreation purposes so the property owners will be protected is for Councilman Hatfield who donated his front yard for soccer practice and practice games since they donlt have adequate facilities. Councilman Fish moved they enter into this indemnity agree- meant for Mr. and Mrs. Hatfield. Councilman Gold seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez stated held advised Councilman Hatfield therels no conflict because there is no benefit or gain and he's donating his land for soccer players. City Council - There were no reports for this meeting. QUESTIONS FROM PRESS There were no questions from the press. ADJOURN Mayor Mitchum requested a motion to adjourn. Councilman Fish so moved. Councilman Hatfield seconded the motion. Meeting was adjourned at 7:43 p.m. Minutes submitted by: Lura Sue Koser 5 Council Regular Meeting Minutes October 16, 1989