01-28-1982 - Special
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CITY OF EffiEWATER
CITY COUNCIL SPECIAL MEETING
January 28, 1982
In the absence of the Mayor, Councilman Jacob Lodico called the Special Meeting to
order at 3:00 P.M. in the Community Center. Under the provisions of Ordinance 81-
0-26, the City Manager has called this Special Meeting of the City Council" for the
purpose of acting upon matters pertaining to Zoning and Planning.
The City Attorney called attention to a memo from Mayor Christy which stated that this
meeting is illegal because it was called by the City Manager and because the one year
terms of Vice Mayor and Acting Mayor expired on January 12, 1982. The City Attorney
informed the Council that according to parliamentary procedure officers serve until,
their successors qualify and in the absence of a presiding officer or a successor,
the Council, if it is validly brought together, may select any member to chair the
meeting. It is the opinion of the Legal Dept. that Ord. 81-0-26 is valid, this is
a legal meeting and there is a quorum present. Councilman Lodico may chair the
meeting with the consent of the members present.
ROLL CALL
Mayor Robert Christy
Councilman Jacob Lodico
Councilman David Ledbetter
Councilman Wilbert Pendleton
Councilman John Wilbur
Absent
Present
Absent
Present
Present
City Atty. Clay Henderson
City Mgr. Joseph Mitchell
City Clerk Nancy Blazi
Police Chief Earl Baugh
Present
Present
Present
Present
The City Manager referred to the last Special Meeting and the discussion that the
Council had at that meeting concerning the increased workload of the combined Zoning
and Planning Board. The boards-had originally been combined in the hope that it would
be more efficient but the growth and development of the City has kept the combined
board so busy that there has been little done about upgrading our zoning and land use
ordinances to bring them into compliance with the Comprehensive Plan. In view of the
problems facing the combined board it has been proposed that the Council establish
separate boards.
The City Attorney read Ordinance 82-0-3.
AN ORDINANCE OF THE CITY OF EffiEWATER, FLORIDA, AMENDING SECTIONS 14-1-2 and -2 OF THE
EffiEV1ATER CODE OF ORDINANCES TO CHANGE THE INTERNAL PROCEDURE FOR REVIEW OF SITE PLANS
REVIEW OF ZONING fv'lA'ITERS, AND TO OTHERWISE PROVIDE FOR Cm1MUNITY PLANNING PURSUANT TO
THE LOCAL GOVERNMENT COr1PREHENSIVE PLANNING ACT OF 1975, PROVIDING FOR THE DEFINITION
AND ESTABLISHMENT OF THE EffiE\>lATER ZmrING COMMISSION AND THE EffiEWATER PLANNING AGENCY
PROVIDING FOR A f1EMBERSHIP OF THE BOARD, DUTIES, RESPONSIBILITIES AND PROCEDURES,
SPECIFICALLY REPEALING ORDINANCE 81-0-4 OF THE CITY OF EffiEVlATER, FLORIDA, AMENDING
ORDINANCE 81-0-4 TO CHANGE REFERENCES IN THE ZONING ORDINANCE TO EffiEWATER ZONING
CO~wrrSSION AND EffiEWATER PLANNING COMMISSION; AND Ar1ENDING SECTION 200.00 OF THE
ZONING ORDINANCE AND ARTICLE VI OF THE SUBDIVISION ORDINANCE 79-0-7 TO REFER TO THE
EffiEWATER ZONING COMMISSION AND EffiEvlATER PLANNING COMNISSION; REPEALING ALL ORDINANCES
AND RESOLUTIONS IN CONFLICT HEREWITH, PROVIDING AN EFFECTIVE DATE.
The City Attorney then went through the ordinance with the Council explaining the various
sections. He referred to the Comprehensive Planning Act and the option of the cities
to create separate zoning and planning commissions with separate authority or to com-
bine the boards. Ordinance 8Z-0-3 follows through with the procedures established in
State 8hapter 163. The Zoning Commission would review zoning matters for land develop-
ment regulations and a Planning Commission which would review site plans, subdivisions,
etc. which is authorized under Chapter 177.
The Attorney called attention to some changes made in the ordinance. Section 3D
concerns length of membership. The initial membership should be two members of each
board appointed for a term of one year; two members for a term of two years and one
member for a term of three years. This would assure staggered appointments and pro-
vide for continuity on the boards. Section 4~ provides that the City Manager shall
furnish a staff member as secretary to the boards. and Section 4F provides for the
City Attorney and the City Manager to take part in discussions of each board but shall
have no vote therein. Section 4F also provides for the City Council to appropriate
funds for expert consultants, as necessary, to assist the two boards in their functions.
These monies could come from the fees collected by the City for site plan applications
and zoning applications.
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Patti McCann, Planning Assistant, told the Council that there were five site plan
reviews pending and 24 open site plans. Some of the open site plans have' received
final approval but have not been issued building permits. The approximate number of
units involved is 1100.
The City Manager pointed out the urgent need to get these separate boards established
and added that the Council could adopt this ordinance on an emergency basis. This
was confirmed by the City Attorney.
Councilman Pendleton motioned to adopt the ordinance with the changes on an emergency
basis (first reading), seconded by Councilman Wilbur.
The City Attorney advised the Chairman that the meeting must be opened for public
discussion.
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Mr. William Phinney spoke in favor of creating separate boards. Mr. Frank Opal spoke'
against the change of ,boards 'and~their mempership.
Upon roll call the motion to adopt on an emergency basis CARRIED )-0.
Councilman Pendleton motioned to authorize the City Clerk to make the approved changes
in the ordinance, seconded by Councilman Wilbur. Upon roll call the motion CARRIED )-0.
Councilman Wilbur questioned the cost of consultants. The City Manager will report
to the Council on funds available for the-hiring of consultants.
Councilman Wilbur motioned to adjourn, seconded by Councilman Pendleton. The meeting
was adjourned at ):45 P.M.
Minutes submitted by:
Nancy Blazi
ATTEST:
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Approved this /~1tday of
February, 1982. ~
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Mayor
Special Council Meeting
1/28/82
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Councilman
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