11-06-1989 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
NOVEMBER 6, 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 Dan Hatfield
Councilwoman Gigi Bennington
Councilman Russell Gold
Councilman Thomas Fish
City Attorney Jose' 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 Miracle, Friendship Baptist Church, delivered the invocation. There
was a pledge of allegiance to the Flag.
Presentation of prizes to winners of Beautification Committee's sloqan contest-
Mayor Mitchum and Mr. Johnson presented the first place prize of a $50.00 savings
bond to Vincent Azzarello, Jr. for the slogan CARE (Create a Rewarding Environ-
ment), the second place prize certificate for a Chinese tallow tree was presented
to Margaret Denison, and the third place prize certificate for a red hibiscus
plant was given to Vincent Azzarello, Jr. Mayor Mitchum thanked the winners for
their participation.
Presentation of AAA's 1988 Pedestrian Safety Citation to Chief Schumaker - Mrs.
Rita Long, District Manager of AAA, presented a plaque to Chief Schumaker and
noted this was two consecutive years with no pedestrian fatalities. Chief
Schumaker thanked AAA on behalf of the Police Department, then pointed out they
had a fatality three weeks ago on Park Avenue that the department is still
working on trying to locate the responsible party.
APPROVAL OF MINUTES
Reqular Meetinq of October 16. 1989 - Councilman Fish moved they approve the
minutes of October 16th as being true and correct. Councilman Gold seconded the
motion. Motion CARRIED 4-1. Councilwoman Bennington voted NO due to being
excused from that meeting.
Workshop of October 18. 1989 - Councilman Hatfield moved they accept the minutes
of October 18. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0.
Special Meetinq & Public Hearinq of October 23. 1989 - Councilman Gold moved
for approval of the minutes. Councilman fish seconded the motion. Motion
CARRIED 4-1. Councilwoman Bennington voted NO because she was excused from that
meeting.
CITIZEN COMMENTS
Mayor Mitchum reminded the audience of the three-minute limit.
Georae Ewina, 2923 Royal Palm, asked if there will be a public hearing on the
annexation of the Roberts Road property. Mayor Mitchum replied it's required.
Mr. Ewing asked if it will cost the taxpayers any money at all because he doesn't
think they'll have any tax base. He pointed out the County will run the school
and the area should not be annexed into the City.
Councilman Hatfield introduced Lynne Cvach and stated he'd asked her to bring
the scroll signed by students who have a positive outlook to being negative to
drugs. He expressed de 1 i ght that he, the City Manager and the Po 1 ice Ch i ef
could be a part of the Chemical People's event at the Elementary School. Ms.
Cvach stated the banner will be sent to Governor Martinez who's said it will be
hung in his office. She thanked Chief Schumaker and the City for support. She
spoke on the Youth Council formed to help other children who have problems and
asked for volunteers who can give four hours a week. She read a poem regarding
labelling youth as delinquents with some adults fitting that category as well.
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CITIZEN COMMENTS (Continued)
John Siburn, Connecticut Avenue, stated they have a good Police Department with
high morale and it won't cost the City any more to give them the 12 hour shifts
they want. He briefly reviewed his previous experience.
CONSENT AGENDA
Planning/Zoning Director's request to apply to Department of Community Affairs
for Local Government Land Development Regulation Assistance Funds and Public
Works Superintendent's request to purchase used Ford tandem axle tractor at cost
of $18.000 and waive bid procedure - Mayor Mitchum asked for any comments from
Council. There were none. He requested a motion to close the consent agenda.
Councilwoman Bennington so moved. Councilman Fish seconded the motion. Motion
CARRIED 5-0.
Councilman Fish moved they accept the consent agenda. Councilman Hatfield
seconded the motion. Motion CARRIED 5-0.
Mayor Mitchum suggested they moved item B.A. under Unfinished Business up to this
point. No Council member expressed an objection.
UNFINISHED BUSINESS
Land Development & Regulatory Agency's response re: their action on Eastern
Shores Mobile Home Park request to open new road and close access road to u.S.
1 - Mr. Johnson stated at the last meeting the item was tabled and their attorney
was present and it was suggested they look at the proposal.
Attornev David Hood represented Sheldon Vidibor, Eastern Shores Mobile Home Park
owner. He stated that Mr. Vidibor, after hearing comments from the residents
and what they believe because of safety hazards, has declined the offer that was
made at the last meeting.
Councilman Hatfield moved to bring it off the table. Councilman Fish seconded
the motion. Motion CARRIED 5-0.
Mr. Hood stated he'd answer any questions but they do intend to close the U.S.1
entrance. Councilman Hatfield asked him to explain the safety problems. Mr.
Hood explained a grass road with no clear entrance with a gate that will be
locked and opened only by emergency vehicles could be more of a safety hazard
than anything else with most residents being elderly and without having the
visible entrance and an emergency vehicle on a grassy piece of property, they'd
be blind sided. He added their other position was the residents indicated they
didn't believe it's especially necessary. Mr. Johnson clarified the reason for
asking is when there's a blockage that they can't get in any other way it would
be an emergency exit but not for every time fire or rescue is used. He disagreed
with the creation of a safety hazard but in the case of a real emergency was the
reason for it. Councilman Fish pointed out they'd create a dangerous situation
if the entrance should be blocked from an emergency and they had no other way
to get in there. Mr. Hood stated they'd offered to build a permanent entrance
at the same spot they're being asked to put a grassy entrance in and to pay for
it, but it came back to them they didn't want it built there. He pointed out
they were spending money to try to build it and had to go back through the
process again and they're confused about what the City wants. He stated their
analysis of the ordinances is they are only required to leave one entrance and
they don't want to expend any more funds because it's not a clear commitment from
anyone.
Councilman Hatfield stated they're trying to alleviate the problem and not create
one and putting in an emergency access should help with no one using it except
in an extreme case of need. Mr. Hood agreed that's probably the better way to
deal with it, but they want to know why the City needs a second access now, and
the City had approved it earlier and they've gone through the expense.
Councilwoman Bennington asked which section of the Code he refers to with only
one access. Mr. Hood repl ied no section of the Code requires more than one
access so they'll comply with the Code with one access. Councilwoman Bennington
asked if that's his interpretation. Mr. Hood replied yes. Councilwoman
Bennington stated it originally came to LDRA to close the front and open the one
road to have two accesses. She asked why he wants to close the front road. Mr.
Hood replied the residents who rent from his client clearly prefer it and Marion
is highly traveled now with development going on.
2 Council Regular Meeting Minutes
November 6, 1989
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UNFINISHED BUSINESS (Continued)
land Development & Regulatory Agency's response re: their action on Eastern
Shores Mobile Home Park request to open new road and close access road to u.s.
1 (Continued) Councilwoman Bennington and Mr. Hood discussed the development
of the commercial property, with Mr. Hood pointing out his client wants to bring
it to its highest and best use. A discussion continued between Councilwoman
Bennington and Mr. Hood regarding the prospectus that had been sent out with one
that Councilwoman Bennington had in hand not mentioning the closing of the road.
Mr. Hood stated the prospectus that was filed with the State has it, and this
is private property and they feel they have the right to close it.
Mr. Hood pointed out that when it went to LDRA the first time some of the City
staff said it made more sense to close it. Councilwoman Bennington stated their
decision was Eaton or Industrial, with Industrial preferred, and when it went
back to LDRA they recommended denial with four reasons. She added she agrees
with LDRA as to why it should not be closed. Mr. Hood stated that one of the
concerns at the LDRA meeting was there would be a big strip center put in and
he'd asked that this be included in the minutes. He added that Mr. Vidibor feels
there's an effort to keep him from developing his property on u.S. 1. Council-
woman Bennington stated she has no problem with Mr. Vidibor's developing his
commercial land to the fullest extent but the problem is she has copies of
different prospectuses from different times and they all say something different.
She pointed out she was elected to represent the people there and they don't want
that road closed, and she has to agree with LDRA based on the four definite
reasons why they think it shouldn't be closed. Mr. Hood stated he understands
her position, but regardless of how she reads the prospectus, their position on
how it relates to Edgewater is they have no requirement to have more than one
access and they'll abide by the law. He pointed out they're not required by
State Mobile Home Rules to have more than one access and his client is tired of
spending money and going back and forth.
Councilwoman Bennington stated she doesn't think they should deny what the people
want but she doesn't want to involve Council in litigation. She asked how they
can make a decision when they don't know what's being planned for that location.
Mr. Hood stated he thought the plan was provided and the staff went through
the process and said it was okay and Council agreed with that.
Mayor MItchum asked if he feels there was no need, and if so, why did he come
to Council and not just close it if he didn't think permission was needed. He
asked if it's private property. Mr. Hood replied yes. Mayor Mitchum said it's
not a public access, and asked how long it's been opened and used. Mr. Hood
replied he assumes since the park was open and Mr. Vidibor felt as a matter of
courtesy he would offer to build another access at his own expense but at no
time did he feel compelled to do it but wanted to be a good neighbor.
Mayor Mitchum stated they have two issues, the one to open another access would
need Council approval, and then they evolved into another matter which is the
closing of the access off U.S.l. He asked if he made a formal proposal to the
City Council or LDRA on closing U.S. 1. Mr. Hood replied no, because their
position is they don't need to and it's a DOT cut onto private property. He
added their first request was to cut into Industrial Road for another access but
since it was revoked and they have since withdrawn it, and have indicated they
are intending to close U.S. 1. Councilman Hatfield asked if they could put the
gate there as a matter of courtesy. Mayor Mitchum asked for comments from a
Home- owner's Association representative.
Vvola Thomas, 45 Camino Real Court, Secretary of the Association, stated the
homeowners don't wish to have the Route 1 entrance closed and according to their
prospectus the park with intended completion around January 1, 1998, and now the
owner wants to close it and put in commercial. She read a list of comments from
some of the residents, including concerns about emergency vehicles not under-
standing new directions, extreme caution needed on Marion Avenue, and inability
to move their mobile homes in or out of the park. She noted there are 140 mobile
units and 38 are occupied by women alone, the others occupied by 2 or 3 persons,
and the average age is 68-70 years.
Councilwoman Bennington expressed concern that there was no site plan on record
of when it was originally approved and it couldn't be found. She asked if what
was presented to LDRA could be considered as acceptance of a site plan, and if
so, would any change to it have to go back to LDRA.
3 Council Regular Meeting Minutes
November 6, 1989
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UNFINISHED BUSINESS {Continued)
Land Development & Regulatory Agency's response re: their action on Eastern
Shores Mobile Home Park request to open new road and close access road to U.S.
! (Continued) City Attorney Alvarez explained that was a drawing that lays out
where the homes will be and the lots. Councilwoman Bennington pointed out it
was presented to LDRA when they requested closing the one and opening the other.
There was discussion regarding the lack of available plans. Councilwoman
Bennington noted she has a survey attached to the prospectus. Mrs. Thomas
explained that was the plan in the first prospectus they got about 15 years ago.
Mr. Hood stated they'd gone through the records also and found nothing and what
he presented for LDRA was a schematic of the proposal.
Councilman Hatfield asked the Cityls position regarding the safety hazards. Mr.
Johnson explained they had the largest fire truck in and out of the exit on
Marion Avenue and it was reported there was no problem. He expressed concern
with one in the back in case of a hurricane as the trailers could be blown to
the front, which was another reason for a second exit. Mr. Hood pointed out
what they're asking them to do for an access is a grass strip presently between
two manufactured homes and if there were a situation where the other access was
blocked, the grassy access is still there and they won't put any mobile homes
at that access. Mayor Mitchum asked about the future. Mr. Hood replied the
width would not make it feasible.
Councilwoman Bennington stated if there1s no site plan they can move and do
anything within there and the City can do nothing at all. Councilman Hatfield
asked if anyone checked with Mr. Cameron, a former owner, to see if he had a
plan. Mr. Hood stated held talked to staff about any records regarding Eastern
Shores Mobile Home Park and they gave him everything and came to the same
conclusion that it was not available.
Mr. Dewey, President of the Association, stated they thought the fire trucks
couldn't make it and asked to have someone let them know and they didn't show
up. He added they wrote letters to the Fire Chief, Mayor, and Representative
Ascherl. Councilwoman Bennington stated the truck was sent down one evening when
they had them out.
Councilman Gold asked if the City has any legal means of closing the road, and
if so, they should pursue it, otherwise how could they prevent it from being
closed. Mayor Mitchum stated safety is his first concern and the congestion that
would occur, plus if there was a site plan or documentation that would require
them to come before Council for any change. He added that another concern is
this is private property and if the City has a legal right to be involved.
City Attorney Alvarez stated confusion is because there are two types of issues
involved, one is public right, the City's right to enforce its ordinances, and
the other type of issue is private and whether a controversy falls in one or the
other, and they have both. He said safety with Police powers of the City and
if it's an overriding safety issue, then the City has an obligation to see safety
of the res i dents be i ng protected. He sa i d whether it's a safety issue or
problem, it's a factual question to be determined by Police and Fire and
administration, and if the answer is yes, they must go forward and tackle the
issue. He added, if itls not, that eliminates the one public issue. He referred
to a problem in another subdivision when heavy rains made leaving impossible and
eventually the builder deeded the one lot he had left to the City and it was
designated an emergency entrance in case it's needed. He said it appears there's
a need based on the Manager1s comments, and the applicant must have recognized
it as he voluntarily agreed to build an entrance. He said whatever was agreed
to is not relative and the problems need to be resolved with mutual cooperation
or the matter is going in a bad direction.
City Attorney Alvarez pointed out that saying this is a plat amendment is
cluttered because of lapse of time and no apparent records and there may be some
at the court house, residents have some records, and park owners have some. He
said if they can1t come to terms, they'll have to go for a declaratory judge-
ment through the Circuit Courts, and with the expense of discovery and
depositions, the matter will be clarified once and for all, if there's no appeal.
4 Council Regular Meeting Minutes
November 6, 1989
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UNFINISHED BUSINESS (Continued)
Land Development & Regulatory Agency.s response re: their action on Eastern
Shores Mobile Home Park re uest to 0 en new road and close access road to U.S.
1 - Continued
City Attorney Alvarez stated a third issue is the right of the individual to use
that access of 15 or 17 years, but they should address it through the Homeowners
by a private counsel to enforce their right to use that entrance. He added the
City cannot guarantee the opening of that entrance but they have the other two
issues including if it's a plant amendment that requires LDRA or Council
approval. He pointed out they can drop the issue or take it to court.
Mayor Mitchum asked how much property is between the southern border and the
existing entrance. Mr. Hood replied he doesn't know. Mayor Mitchum asked if
they could move the entrance to the southern end at the very edge of the property
and leave it as an entrance from u.s. 1 and they would have the northern end to
develop as commercial. Mr. Hood replied there may be existing homes there, and
if there is any access they'd be willing to use it would be Industrial Road.
Mayor Mitchum stated he's trying to save time and money, and asked that it be
looked at. Mr. Hood agreed held take it to Mr. Vidibor. He added it was
feasible to do the first proposal and they were told by the City staff that
were within the guidelines of the Industrial Road access. City Attorney Alvarez
noted they have a professional Planner on staff who hasn't had an opportunity
to look into this matter. Councilwoman Bennington stated there's a question on
the zoning issue. Mayor Mitchum explained zoning isn't the question at this
point. City Attorney Alvarez explained how long it could be in court and
suggested the Planner review it and perhaps they can resolve it. There was
discussion about a meeting to be held with the client or his attorney, the
Planner, and the City Manager.
Mr. Johnson pointed out a motion to reconsider has been in limbo for months,
which didn't kill the first motion, and the motion to approve the second entrance
is there and wasn't rescinded. Councilman Hatfield stated he understood they
withdrew. Mr. Johnson explained they made a withdrawal comment to LDRA but never
to Council and Council never accepted it or took action on it. City Attorney
Alvarez clarified there was a motion to override LDRA, approving the request,
and then a second motion to reconsider that motion. Councilwoman Bennington
stated the motion was to reconsider and send it back to LDRA for their reasons.
Mr. Johnson suggested they report back the second meeting from now to allow time
for the meetings. Mr. Hood stated hels booked for trials through January and
it will be difficult for them to respond before February. Mr. Johnson suggested
they make it as a matter of record to his office with a copy of the report. Mr.
Hood stated if Mr. Vidibor is interested in considering the Mayor's proposals
they'll advise they're interested in hearing what the City has, and if he's not
interested, they'll give the City the courtesy of advising of their decision.
Councilwoman Bennington moved to send this whole packet with the 1 ist of
questions she raised and that were already answered once to the City Planner to
get with the City Manager and City Attorney, representatives from the Homeowners
Association, and Mr. Hood or Mr. Vidibor if wants to be there. Mr. Johnson
suggested the motion be made that the City staff, which is the Planner, City
Attorney, and City Manager, review the complete file and check any records on
any approved plat, the whole process, and also check the rules and regulations
or ordinances or whatever to see if there are any grounds for deyning or
approv i ng. He sa i d they wi 11 pu 11 the records and check the mi nutes and go
through the whole process and come up with the full report with a history and
do it that way. Councilwoman Bennington made that motion. Councilman Fish
seconded the motion. Motion CARRIED 5-0.
Mr. Hood asked that he have advance notice when this will be a topic at future
Council meetings. Mr. Johnson advised him it will be on the December 4th agenda.
Mrs. Thomas asked if they'll be notified of the meeting. Mr. Johnson explained
they'll not be involved in the meetings as this will be research, but she'll be
advised prior to the meeting to review it. He asked her to call his office with
her name and telephone number, and asked Mr. Hood to let them know if he'll be
interested or not. Mr. Hood agreed.
Mayor Mitchum called a five-minute recess at 8:14 p.m. He called the meeting
back to order at 8:25 p.m.
5 Council Regular Meeting Minutes
November 6, 1989
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NEW BUSINESS
Final Plat approval of Edaewater Landina Phase II as reco_ended by Land
Development & Reaulatory Aaency - Mr. Johnson stated there were questions about
requirements the LDRA had imposed with additional pathways and that was cleared
up and it was presented to staff and it I S in order and is recommended for
approval. Councilman Fish moved they approve. Councilman Gold seconded the
motion. Motion CARRIED 5-0.
ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS
First Readina:
Ord. 89-0-34 Amendina Chapter 2. Section 2-10 dishonored check policy. increasina
service fee from $10 to $15 and el iminatina maximum $25 service fee -City
Attorney Alvarez read this ordinance and stated it is first reading. ORD. 89-
0-34 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-10, "DISHONORED CHECK POLICY" BY
INCREASING THE SERVICE FEE FOR DISHONORED CHECKS FROM TEN DOLLARS TO FIFTEEN
DOLLARS AND ELIMINATING THE MAXIMUM $25.00 SERVICE FEE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman
Fish moved they adopt 89-0-34. Councilwoman Bennington seconded the motion.
Motion CARRIED 5-0.
Ord. 89-0-35 Annexina 23.4 acres parcel on Roberts Road (future Elementary School
site) as reco_ended by Land Development & Reaulatory Aaency - City Attorney
Alvarez read this ordinance and stated it is first reading. ORD. 89-0-35 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN
REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT THE SOUTH SIDE OF
ROBERTS ROAD, WEST OF MEADOW LAKE SUBDIVISION, EDGEWATER, FLORIDA, PURSUANT TO
FLORIDA STATUTES SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGE-
WATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES;
PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE
COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPART-
MENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE. Councilman Hatfield moved they accept Ordinance 89-0-35.
Councilman Fish seconded the motion. Motion CARRIED 5-0.
Ord. 89-0-36 Prohibitina train whistles within City limits between 10 pm and
6 am - City Attorney Alvarez read this Ordinance. ORD. 89-0-36 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CREATING 10-27 (a) OF THE
CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PROHIBITING THE SOUNDING
OF RAILROAD TRAIN HORNS AND WHISTLES BETWEEN 10:00 P.M. AND 6:00 A.M. AT ALL
PUBLIC AT -GRADE CROSSINGS HAVING TRAIN ACTIVATED AUTOMATIC TRAFFIC CONTROL
DEVICES; AMENDING SECTION 10-28 (10) OF THE CITY CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Council-
woman Bennington moved they accept 89-0-36. Councilman Gold seconded the motion.
Councilman Fish asked if this is for marked, lighted crossings only that the City
has now, and if the boundaries are extended to Volco Road, would that be exempt.
Mr. Johnson replied yes, as the ordinance is written. Motion CARRIED 5-0.
Res. 89-R-71 Appointina Vice Mayor and Actina Mayor - Mayor Mitchum opened the
floor for nominations. Councilwoman Bennington nominated Councilman Gold for
Vice Mayor. Councilman Fish moved nominations for Vice Mayor be closed.
Councilman Hatfield nominated Councilman Fish for Acting Mayor. Roll call on
Councilman Gold for Vice Mayor CARRIED 5-0. Roll call on Councilman Fish for
Acting Mayor CARRIED 5-0.
Mayor Mitchum expressed his appreciation for the help and support of Councilman
Gold and Councilman Fish over the past year. City Attorney Alvarez read the
Resolution, inserting the names of Councilman Gold and Councilman Fish for a term
to end one year from this date. RES. 89-R-71 - 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 FOR AN EFFECTIVE DATE. Councilman
Hatfield moved they accept Resolution 89-R-71. Councilwoman Bennington seconded
the motion. Motion CARRIED 5-0.
6 Council Regular Meeting Minutes
November 6, 1989
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ORDINANCES. PUBLIC HEARINGS AND RESOLUTIONS (Continued)
First Reading: (Continued)
Res. 89-R-72 Appointing two members to Beautification Comittee - Counci lman Fish
moved to TABLE this because he didn't have adequate time to talk to all the
people on the list. Councilwoman Bennington and Councilman Hatfield requested
it be advertised. Councilman Fish amended this motion to re-advertise for the
positions. Councilman Hatfield seconded the motion. Motion CARRIED 5-0.
Mayor Mitchum requested a motion to go from the regular meeting to the public
hearing. Councilwoman Bennington so moved. Councilman Hatfield seconded the
motion. Motion CARRIED 5-0.
Second Reading: (Public Hearing)
Ord. 89-0-31 Amending Sections 7-350 and 7-353 to discontinue requirement of
$1.000 surety bond for contractors - Mayor Mitchum stated this is second and
final reading. City Attorney Alvarez read the Ordinance. ORD. 89-0-31 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE
X, GENERAL CONTRACTORS, SECTION 7-350, "INSURANCE" AND 7-353, I'CERTIFICATION 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. Mayor Mitchum asked for audience comments
on Ordinance 89-0-31. Frank Roe, 2732 Juniper Drive, asked why they dropped it.
Mr. Johnson explained it's not effective, has never been used, and they have a
recommendation from the Building Trades Regulatory Board and staff. Mr. Roe
asked if they have any control over contractors. Mr. Johnson replied they're
still controlled through the Department of Profess iona 1 Regu lat ions and the
licensing requirements.
Ord. 89-0-33 Amending R-4 zoning district to allow infill development of duplexes
on lots with 8.250 square feet - Mayor Mitchum read this Ordinance. ORD. 89-0-
33 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING
APPENDIX A, lONING, 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. Mayor
Mitchum requested audience comments on Ordinance 89-0-33. There were none.
Mayor Mitchum requested a motion to go from the publ ic hearing back to the
regular meeting. Councilman Gold so moved. Councilman Hatfield seconded the
motion. Motion CARRIED 5-0.
Ord. 89-0-31 - Councilman Hatfield moved they accept Ordinance 89-0-31.
Councilman Fish seconded the motion. Motion CARRIED 5-0.
Ord. 89-0-33 - Councilman Gold moved for approval of Ordinance 89-0-33.
Councilman Fish seconded the motion. Motion CARRIED 5-0.
UNFINISHED BUSINESS This item was handled earlier on the agenda. See pages
2, 3, 4, and 5 of these minutes.
COUNCIL/OFFICERS REPORTS
City Attorney - City Attorney Alvarez had no report at this time.
City Manager - Mr. Johnson stated he has a request that Council approve the
Interlocal Agreement with Ponce Authority and they'd passed the resolution, it's
part of the budget process, and they need approval for the proper authorization
to file the application. Councilman Hatfield so moved. Councilman Gold seconded
the motion. Motion CARRIED 5-0.
Mr. Johnson stated Council has been advised on the 15th he'll be on the program
for Finance Officers and City Clerks at their annual meeting in Sarasota.
City Council - Councilwoman Bennington stated she attended the October 7th
Daytona Beach Area Homebuilders Association meeting and two local contractors
won awards, with John Ciaffoni winning the Top Brass Award for best single family
detached home of 1,500 to 2,000 square feet and Tommy Owens winning a merit award
in that same category. She suggested Council recognize these contractors with
perhaps a certificate or something of that sort.
7 Council Regular Meeting Minutes
November 6, 1989
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COUNCIL/OFFICERS REPORTS (Continued)
C;tv Counc;l (Continued) Councilwoman Bennington stated a 72-year old lady asked
that she bring up her request to amend the ordinance so that those who use
smaller amounts of garbage do not have to pay the same as those with larger
families. She said the lady uses only one bag once a week.
Councilwoman Bennington stated the Halloween House was great. She pointed out
all the Department Heads participated and it was fun.
Councilwoman Bennington stated the Charter Review Committee is basically finished
and would like to set a workshop with Council to go over it and open it for
questions. Monday, November 27th was determined to be the date for the workshop.
Councilwoman Bennington asked the status of the Jiffy Store at India Palm. Mr.
Johnson replied the engineers are preparing necessary drawings to correct it but
it affects DOT and some City property because of the elevation of the lot to the
west. He added it should have been stopped when it was inspected as the
elevations are wrong.
Councilman Hatfield suggested they send a letter to the Recreation Department
for the work they did with the Halloween House to let them know Council appreci-
ated it. Mr. Johnson agreed the entire department worked very hard. He noted
they had 139 involved in the contest and about 1,000 went through the House.
Mayor Mitchum stated the Florida League of Cities brochure had an article on the
damage from Hurricane Hugo and held like Council approval for the City Manager
to call the Mayor in South Carolina and to work with the Florida League of Cities
and see if the City can help out. Councilman Hatfield so moved. Councilman Fish
seconded the motion. Councilman Hatfield asked that Council be advised. Mayor
Mitchum agreed. Motion CARRIED 5-0.
Mayor Mitchum stated Chet Boyce missed Citizen Comments earlier and has a request
from the Rotary Club. Mr. Boyce, President of the New Smyrna Beach Rotary Club,
requested Council permission for a carnival on his property at 133 West Marion
November 14 to 19 with funds to go to scholarships and charities. He added
they.ll supply Police protection through the Chief during the open times.
Councilman Hatfield asked if he'll hire a carnival to come in. Mr. Boyce replied
held negotiated with Myers. Councilman Hatfield asked about the special events
ordinance and the problem with camping facilities. Mayor Mitchum asked about
the parking facilities. Mr. Boyce replied it's 6.60 acres and they've had it
on less property than that with no problems. Mr. Johnson pointed out if Council
approves it, it should be with a stipulation to meet requirements of the
ordinance. There was discussion about its close proximity to Eastern Shores
Mobile Home Park and Shangri-La. Mr. Boyce stated it's industrial land and
they'd operate until 10 weekdays and lIon weekends. Mayor Mitchum expressed
concern because of the residential area. Councilwoman Bennington pointed out
the special events ordinance is only for B-5. Mayor Mitchum questioned why they
don I t use the shopping center. Mr. Boyce replied Winn-Dixie won I tallow it
because people complained they couldn't park there. Councilman Hatfield
suggested Mr. Boyce get a copy of the ordinance and bring a proposal. There was
discussion about the noise from the rides. Mr. Johnson asked if they could
reschedule the date. Mr. Boyce replied Myers told them those were the only
dates available. Mayor Mitchum questioned why it waited until the last minute.
Mr. Boyce replied they were planning to use the airport but the company had
problems and couldn1t do it and Myers said they didn't want to operate there but
would come to Edgewater. Councilman Hatfield moved they respectfully deny Mr.
Boyce's request. Councilwoman Bennington seconded the motion, stating it was
because she doesn't feel it's in the best interest of the citizens. Councilman
Fish stated it's not compatible with the residential area on both sides and he
feels it would be a mistake. Councilwoman Bennington stated she1d agree to
something in B-5. Mayor Mitchum asked about the old Winn-Dixie, and Councilman
Hatfield replied it probably wouldn1t have enough parking. Motion CARRIED 5-0.
QUESTIONS FROM PRESS
None
ADJOURN
Councilman Fish so moved. Councilman Hatfield seconded the motion. Meeting was
adjourned at 9:03 p.m.
8 Council Regular Meeting Minutes
November 6, 1989
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9 Council Regular Meeting Minutes
November 6, 1989