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08-02-1982 - Regular " .' \,) .... v CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING and REGULAR MEETING August .2, 1982 Mayor Christy called the Council meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Excused Present Present City Atty. M.J. Henderson City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present There was a silent Invocation and a salute to the Flag. Mayor Christy called the Public Hearing to order. Ordinance 82-0-21. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE EXISTING I-I AND MH-l ZONING OF A CERTAIN PARCEL OF PROPERTY BOUNDED ON THE NORTH BY PARK AVENUE, BOUNDED ON THE SOUTH BY THE CORPORATE LIMITS OF THE MUNICI- PALITY, BOUNDED ON THE EAST BY MANGO TREE DRIVE, AND BOUNDED ON THE WEST BY WILDWOOD SUBDIVISION, TO B-2; DIRECTING THAT THE OFFICIAL ZONING MAP SHALL BE AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mrs. Henderson commented on the confusion that has been caused by this ordinance. The ordinance deals with property located within Lot 37 of Assessor's Subdivision. The misunderstanding appears to have resulted from the title which led people to believe that the Council was planning to rezone all of Lot 37. However, the body of the ordinance deals only with three pieces of property that are located within Lot 37. These properties are owned by Mr. Bell, Mr. Porter and Mr. Dunning. The Public Hearing should be related to these three specific pieces of property because the ordinance is not attempting to rezone any of the other property within Lot 37. The title of an ordinance may be rather broad but the body of the ordinance must relate to what the title of the ordinance refers to and the body of Ord. 82-0-21 relates only to three pieces of property. To avoid any more confusion, it is recommended that perhaps the title should be amended to refer to the rezoning existing I-I and MH-l of certain parcels of property located within Lot 37 which is bounded on the east by Mango Tree etc. Councilman Lodico motioned to TABLE this for more review. Mrs. Henderson reminded the Council that the ordinance had been advertised for a Public Hearing and the hearing should be held. Mr. Chet Dunning informed the Council that he was the only property owner who had paid the $100.00 fee for a rezoning request. So far this application has taken over five months to be processed. He added that if Mr. Bell or Mr. Porter wanted their property rezoned they should apply and pay their fee. He requested that his property be rezoned R-4 on its own merit or fail on its own merit and no one else's property should be considered on his application. The question has been raised about spot zoning but this area consists of five acres and that would not appear to be spot zoning. A million dollar project has been proposed for this property. Recently the Zoning Comm. turned down his application after they had twice before approved the request. If the Council does not wish to rezone just his property to R-4 then he requested that the property be left I-I and MH-1 as it is presently zoned. The City Attorney explained the difference between an individual applying for a rezoning and the City initiating a rezoning. By law, the municipality can initiate a rezoning on its own. The Edgewater code calls for a fee to be paid if an individual property owner requests a ,\zoning. u u Council Meeting 8/2/82 - 2 - Mr. Bill Porter spoke to the Council concerning property he owned that was part of the proposed rezoning. His intention in purchasing the property was to develop it for industrial use. If the Council rezoned his property, he would only have to corne back at a later date to request to have the property changed again back to I-I. He would like the Council to leave his property as it is presently zoned I-I and MH-l except that possibly there is no particular use for the MH-l and perhaps a change to all I-I would be more appropriate. Mr. Bill Wagner, Atlantic Fiberglass,. ~old~€Quncil tbat~~here app~ared to be a question as to whether or not his property was included in this rezoning. If it had been rezoned to B-2 this would have made his business non-conforming and he would not have been able to expand or improve his business. If there is any possibility that his property might be rezoned, he is against any change from the present I-I and MH-l. He recommended that this ordinance be voted down and a new ordinance be presented to Council concerning only those particular properties requesting a change. Mrs. Doris Massey spoke to the Council about the objection of the Industrial Board regarding the changing of the I-I zoning. The City needs more industrial area and since this area is closely situated to property that is scheduled for development by the Florida East Coast Railroad as a light industrial park, then this property on the other side of Park Ave. should remain I-I as well. to conform with the zoning. She added that she had understood the Zoning 'Comm. had originally considered all of the property to Mango Tree to avoid spot zoning. The Industrial board members have unanimously opposed any change in this area. (Mrs. Massey is Chairman of the Industrial Board). The Board recommends that Council deny the application and leave the zoning as it is. The Board does not feel that residential or multi-family housing is suitable to this area. Mr. James Poland, also a member of the Industrial Board, spoke against any change in zoning in this area. The City already has large residential areas and we need more industrial areas to provide jobs for our people. Mr. Mel Wargo agreed with the Industrial Board's recommendation. Ib Mrs. Liz Griffith, a member of the Zoning Comm. ,noted that the Zoning Board's most recent decision was to turn down the request for rezoning. The first decisions were made on trying to maintain some kind of conformity in the area. However, at the last Zoning Comm. meeting, the matter was brought up again and it was voted to turn down the entire request. Mr. Frank Opal also agreed with the request to reject all rezoning in this area. He also maintained that the rezoning of just one piece of property regardless of the size was spot zoning. He reminded the Council that they needed a 4/5th vote to turn down a recommendation of the Zoning Comm. and the Zoning Comm. had recommended turning down the rezoning request. Mrs. Henderson asked if property owners had been duly notified in writing of the recent Zoning Comm. meeting at which the rezoning of these properties was discussed. Mrs. Griffith replied that she did not believe they were notified. Mr. Mitchell informed the Council that each property owner was notified by telephone or in person that the Zoning Comm. would be discussing the matter and most of them were present. There was some discussion concerning whether or not property owners should have been notified in writing of the Zoning Comm. meeting. Mayor Christy read from explanatory data given to Council concerning this public hearing. A poll of the property owners indicates that Mr. Dunning still wants R-4 but failing that would wish to have all I-I for his property. Mr. Porter wants I-I for his property and Mr. Bell wants R-4. ~ u u Council Meeting 8/2/82 - 3 - The Zoning Commission had voted to leave all property east of Mr. Dunning to Mango as it is presently zoned and that Mr. Dunning's application be denied. Mrs. Henderson recommended to the Council that if the property owners were not notified of the Zoning Commission's meeting, the Council should request that the Zoning Commission should hold another meeting between now and the next regular Council meeting and notify the property owners, in writing, that the rezoning of their property is coming up for discussion. There was more discussion and some additional comments from members of the audience. 2a The Public Hearing was closed. Mayor Christy recommended to Council that they reject Ord. 82-0-21. Councilman Pendleton noted that this was a most confused issue. He added that it was difficult to determine what the recommendation of the Zoning Commission since they have sent more than one recommendation to the Council, the most recent one being to deny the application. Councilman Pendleton motioned to TABLE, seconded by Councilman Wilbur. Mayor Christy asked how long this would be tabled. Councilman Pendleton said that it should be tabled until a clear report is given to Council clarifying this issue,and the recommendations. Motion CARRIED 3-1. Mayor Christy voted NO. Mrs. Henderson suggested that the Zoning Commission review this again prior to the next Council meeting to avoid any possibility of any kind of lawsuit from property owners. This could be done at a special meeting and the property owners should be notified, in writing, prior to that meeting. The Council needs a valid recommendation from the Zoning Commission which they can either reject or approve. The next Public Hearing concerned Ordinance 82-0-24A. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 9.5-56, 9.5.-57 and 9.5-58 OF CHAPTER 9.5 OF THE EDGEWATER CODE OF ORDINANCES, TO PROVIDE THAT SINGLE FAMILY AND DUPLEX RESIDENCES AND ACCESSORY USES NOT TO EXCEED TWO ~(2) UNITS PER LOT SHALL NOT BE EXEMPT FROM THE FORMAL PERMITTING PROCEDURES OF CHAPTER 9.5; BY PROVIDING THAT THE INTENDED DESIGN OF DITCHES AND SWALES SHALL NOT BE IMPEDED IN AMY WAY; AND PROVIDING THAT APPROVAL OF THE SUPERINTENDENT OF PUBLIC WORKS MUST BE OBTAINED BY ANY PERSON PROPOSING TO ERECT A DRIVEWAY WHICH WOULD CROSS A SWALE OR DITCH OR TO BUILD ANY STRUCTURE WHICH MIGHT IMPEDE THE INTENDED FLOW OF WATER THROUGH SUCH SWALE OR DITCH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mr. Wargo spoke to the Council in approval of the ordinance but reminded the Council that the ordinance will not be any good unless it is enforced. Mr. Opal noted that driveways are still being put in without culverts. He believes that we already have regulations about driveways but they have never been enforced. Mr. Mitchell replied that there were two methods putting in driveways: one is with a culvert, the other is by swaling them. There were no further comments from the audience. The Public Hearing was closed. The City Attorney read the Ordinance again by title only. Councilman Lodico motioned to adopt the ordinance, seconded by Councilman Pendleton. Motion CARRIED 4-0. u u Council Meeting 8/2/82 - 4 - 2b The next Public Hearing concerned Ordinance 82-0-25. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE I, CHAPTER 2, OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, RELATING TO ADMINISTRATION, BY ADDING THREE NEW SECTIONS TO PROVIDE THAT COUNCIL MEMBERS SHALL DEAL WITH CITY OFFICERS AND EMPLOYEES WHO ARE SUBJECT TO THE DIRECTION AND SUPERVISION OF THE CITY MANAGER THROUGH THE CITY MANAGER; PROVIDING LIMITS UPON THE USE OF CITY GOVERNMENT FACILITIES BY MEMBERS OF THE COUNCIL; PROVIDING FOR THE SAFEKEEPING OF RECORDS; PROVIDING FOR PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Mr. Walter Gross spoke against the adoption of this ordinance. He reminded the Council they had been elected to represent the people and they should not give up their responsibilities by giving the City Manager unlimited power. He strongly recommended that the Council reject this ordinance. Mr. William Phinney also spoke in opposition to this ordinance. He expressed his belief that the ordinance was politically motivated and cited problems that somewhat similar ordinances had created in other cities. Mr. Frank Opal quoted from a newspaper letter-to-the-editor which opposed~-this ordinance. He also questioned the copy of the ordinance which did not show one Councilman's signature The City Attorney noted that the Councilmen's signatures were not necessary to validate the ordinance. This is a procedure that Edgewater goes through but all that is necessary is the Mayor's signature which is attested by the City Clerk and the Attorney's signatur~ approving the legality and form. The vote is recorded on tapes and in the minutes. Mr. James Seeley read the letter,mentioned previously by Mr. Opal, in its entirety. Mr. John Siburn said he would like to quote from a philosopher of the 16th century who noted that a society of sheep will soon have a government of wolves. Mr. John Murphy questioned if there would still be elections. Mayor Christy assured him that there would still be elections. The Public Hearing was closed. Mrs. Henderson read the Ordinance again by title only. Councilman Pendleton noted that it was a sad state of affairs when an ordinance like this is even thought of or is necessary. There is a need for the clarification of the rights and privileges of Council members when dealing with City officers and employees. He reminded the Council of some of the problems that were encountered when the City had the Co-Ordinator system and some Councilmen were literally running departments even though they might not have been experienced. Any properly managed organization needs someone in charge. He also noted that there appeared to be too much free access to the vaults and City records. Councilman Pendleton motioned to TABLE the ordinance. Councilman Lodico said he believed the City Manager should be able to manage the City without any interference. Motion to T~BLE died for a lack of a second. u u Council Meeting 8/2/82 - 5 - Councilman Wilbur remarked that the City needed better custody of the records and someone should be on duty at all times when City Hall is open. Mayor Christy told the Council that he believed this ordinance was proposed because of Res. 82-R-33 which was changed after he had signed it. He did send this to the State Attorney's office. He does not go into the safe without permission except when he wants to tape something because he can get complete silence. 3a Motion DID NOT CARRY 2-2. Councilman Pendleton and Mayor Christy voted NO. Councilman Pendleton added that this ordinance was thought out long before the incident the Mayor mentioned. The next Public Hearing was for Ordinance 82-0-26. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, ADOPTING A NEW OFFICIAL ZONING MAP FOR THE CITY OF EDGEWATER, FLORIDA; AUTHORIZING THE MAYOR TO IDENTIFY THE MAP AS THE OFFICIAL ZONING MAP BY SIGNING HIS NAME THERETO; DIRECTING THAT THE SEAL OF THE CITY BE PLACED UPON THE OFFICIAL ZONING MAP; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mr. McCallister questioned what appeared to be a lack of input by citizens on the preparation of the map. He added that he was not aware of any workshops or hearings that had been held concerning the adoption of the official zoning map. Mrs. Blazi explained that the map consists of all zoning ordinances passed in the past few years, all of which had public hearings, and that the map was approved by the Zoning Board prior to sending it to Council. The map has not been updated officially since 1978. That was the last time it was signed by the Mayor. Mayor Christy noted that the map had been updated to show certain areas, subdivisions, streets, etc. The map was checked over by people with knowledge of the city. Mr. Mitchell explained that the City had not had a professional draftsperson to redo the map but we do have such a person now and with the guidance and approval of the zoning board the map has been updated. Mr. Opal questioned whether or not the map included the property of Mr. Wright off 28th St. He does not consider this an official map since there was no advertisement or notice. Mr. James Seeley said he had been told that new properties could not be admitted to the City without a referendum yet it appears that Council has accepted this and he would like a clarification. Mrs. Henderson explained that when properties are annexed voluntarily, at the request of the owner, "a referendum for annexation is not required; but if the City wishes to annex in property which would mean an involuntary annexation then a referendum is required by State law. There were no further comments from the audience. The Public Hearing was closed. The City Attorney read Ordinance 82-0-26 again by title only. Councilman Wilbur motioned to adopt the ordinance, seconded by Councilman Lodico. Motion CARRIED 3-1. Mayor Christy voted NO. The City Attorney informed Council that they needed to fill in the date when the last zoning map was signed. The date appeared to be November 1978. ~ Q Council Meeting 8/2/82 - 6 - Councilman Lodico requested a few minutes to clarify a statement that was made by a member of the audience at the last Council meeting. This person said that Mr. Lodico had had his driveway paved by the City. This is completely untrue and a retraction and apology should be made. Mrs. Siburn spoke to the Council and said she had talked about paving on Riverside Dr. on both sides of Mr. Lodico's driveway. REGULAR COUNCIL MEETING - Approval of Minutes Councilman Pendleton motioned to adopt the minutes of July 16, 1982, seconded by Councilman Wilbur. This meeting was called to order and recessed due to lack of quorum. Motion CARRIED 3-1. Councilman Lodico voted NO. Councilman Lodico motioned to approve the minutes of July 19, 1982, seconded by Councilman Pendleton. Motion CARRIED 4-0. Bills and Accounts: Councilman Pendleton motioned to pay the bills, seconded by Councilman Wilbur. Motion CARRIED 3-1. Mayor Christy voted NO. Communication: City Attorney's report. Mrs. Henderson told the Council that the subjects she would report on will come up later in the agenda. City Manager's/Department Head reports: Mr. Mitchell stated that his report has been submitted in writing with the Department Head reports and due to the late hour he will forego a summary at this time. The City Clerk read a letter from Mr. Gillespie, Attorney at Law concerning property deeded to the city by Mr. and Mrs. Robert Fuller requesting that the City quit-claim the land back to Mr. and Mrs. Fuller. Mr. Mitchell said that this was also concerned with the Noland Car 3b Co. request which is on the agenda under Old Business. Mrs. Henderson explained that the deed attached to Mr. Gillespie's letter is a deed to a completely different piece of property and also it does not have a reversionary clause. She has not been able to discuss this with Mr. Gillespie. The suggestion was made to table this subject and the Noland Car Co. request until the next meeting. Councilman Wilbur motioned to TABLE this request for further information and a report from the City Attorney for the next meeting, seconded by Councilman Pendleton. Motion CARRIED 4-0. The City Clerk read a letter from Mr. Dan Holahan re: garbage pickup at 1311 Sabal Palm. The tenants have not received garbage service due to back bill and this is still being charged with added penalties. The bill dates back to a previous owner. Mr. Mitchell reminded the Council that this subject is on the agenda under Ordinances. The Council agreed to discuss it under Ordinances. Letter from Buildi~~ Code Board regarding three recommendations for Council consideration. It is recommended that the code be updated to require all owner-builders to have a State Certified or State Registered contractor in the fields of electrical, air conditioning, heating and plumbing to review and sign off the work done by the owner builder. It is also recommended to increase the re-inspection fees and to change surface water retention controls. Mr. Robert Howard, member of the Building Code Board, spoke to the Council explaininq the recommendations of the Board. The board feels that the owner-builder should have his work approved by a licensed contractor in the interests of health, welfare and safety of the general public and the owner-builder in particular, work involving electrical, u u Council Meeting 8/2/82 - 7 - plumbing, air requiring this require this. conditioning and heating should be included. There is no State law be done. Many cities have adopted codes that do This would be 'appJ]ji:cable to single family and duplexes. There was a lengthy Council discussion on this subject including the additional cost to the owner-builder. All the work is presently inspected by the Building Official who should not sign it off until it meets the codes. Councilman Wilbur motioned to update the code book to go along with the recommendation of the Building Code Board not taking anything away from our citizens because our Building Inspector is licensed to do these inspections for the city. There was a question on the clarification of the motion. Councilman Wilbur said that we need to update our code book, we're not denying the individual home owner the right to build his own home but when he does it, he has to have it signed off that the codes on the electrical, air conditioning, heating and plumbing have been met. It was pointed out that this requirement is already in the code book. Councilman Wilbur said we should add to the motion or,.'someone who is State Certified. Councilman Lodico seconded the motion. Councilman Pendleton motioned to TABLE for attorney's interpretation and clarification after the attorney has been able to get together with the Building Code Board, seconded by Councilman Wilbur. Motion to TABLE CARRIED 4-0. Councilman Wilbur motioned to accept the Building Code Board recommenda- tion to raise the inspection fees, seconded by Councilman Lodico. Motion CARRIED 4-0. Mr. Mitchell said that the City was working on the water retention problem. Councilman Pendleton motioned to authorize the City Attorney to draw up the necessary ordinance to raise the inspection fees, seconded by Councilman Wilbur. Motion CARRIED 4-0. 4a The City Clerk read a letter from Mrs. Esther Swasey requesting the Council to vacate a portion of Guava St. that has never been developed. Mrs. Swasey told the Council she would like to put an addition on a duplex on her property. However, if the Council wished to extend Guava as a street it would also be advantageous to her property. Councilman Wilbur motioned to TABLE this for the attorney to research and report back to Council, seconded by Councilman Pendleton. Motion CARRIED 4-0. A letter was read concerning a lawsuit being brought against the City of Edgewater and the City of New Smyrna Beach regarding false arrest, unlawful imprisonment, etc. This was for Council information. Councilman pendletonrnotioned to turn this matter over to the Insurance Attorneys, seconded by Councilman Wilbur. Motion CARRIED 4-0. Ordinances and Resolutions: Resolution 82-R-38 A RESOLUTION AUTHORIZING THE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO AMEND A CERTAIN AGREEMENT WITH JOSEPH MITCHELL, CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt this resolution, seconded by Councilman Lodico. U '6/)/1r Council Meeting ~ u - 8 - Mr. Garthwaite received permission to speak to the Council and he questioned the section concerning automatic renewal or notification thirty days prior to contract termination in which case the severance provision will apply. Mr. Mitchell explained that his present contract provides severance pay and this simply means that you may discharge the City Manager at any time but you have to pay the severance pay. Mr. Garthwaite noted that this could be obligating future Councils and the people. Mr. M~tchell was hired for a period of two years and should work that out before future provisions are made. Councilman Pendleton noted that if the Council gives thirty days notice that at the end of his contract he is finished you don't pay him anything. Mrs. Henderson explained that if the Manager is notified thirty days prior to the termination of the contract that the contract will not be renewed, the severance provision will apply. Upon roll call motion CARRIED 3-1. Mayor Christy voted NO. Resolution 82-R-39 A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF EDGEWATER, FLORIDA, APPROVING AN AMENDMENT TO THE PERSONNEL GUIDE OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING THAT CITY EMPLOYEES SHALL BE ENTITLED TO A LEAVE OF ABSENCE WITH PAY FOR APPEARANCES IN COURT; REPEALING THE REQUIREMENT THAT CITY EMPLOYEES REIMBURSE THE CITY FOR JURY FEES AND WITNESS FEES; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt this resolution, seconded by Councilman Pendleton. Motion CARRIED 4-0. Resolution 82-R-40 A RESOLUTION APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA, TO FILL A VACANCY AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mr. Mitchell told that Council that Mr. Faidley's term on the board expires August 6, 1982. Councilman Wilbur motioned to reappoint Mr. Faidley to the Industrial Development Board, seconded by Councilman Pendleton. Motion CARRIED 4-0. Councilman Wilbur motioned to adopt the resolution, seconded by Councilman Pendleton. Motion CARRIED 4-0. Resolution 82-R-41 A RESOLUTION APPOINTING ONE MEMBER TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA, TO FILL A VACANCY; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mr. Mitchell informed the Council that the new ordinance for the Code Enforcement Board calls for an additional member. A term of three years which expires 8/2/85. Councilman Pendleton named James G. Whittet, Jr. as an appointee to the Board. Mayor Christy named James Mackie as an appointee to the Board. Councilman Pendleton motioned nominations be closed, seconded by Councilman Wilbur. Motion CARRIED 4-0. Upon roll call the vote to appoint James Whittet to the Code Enforcement Board CARRIED 3-1. Mayor Christy voted NO. Councilman Pendleton motioned to adopt the resolution, seconded by Councilman Wilbur. Motion CARRIED 3-1. Mayor Christy voted NO. Resolution 82-R-42. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 2 OF RESOLUTION 82-R-22 RELATING TO THE CONSTRUCTION OF HARD SURFACE STREETS WITHIN THE CITY OF EDGEWATER, FLORIDA, BY CORRECTING THE DESCRIPTION OF THE STREETS TO v u Council Meeting 8/2/82 - 9 - BE SUBJECT OF THE PAVING OR HARD SURFACING PROGRAM WITHIN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. This resolution was to correct an error on Pine Tree Drive. Original resolution excluded Pine Tree Drive south to 24th St. from Indian River Blvd. It should be south to 21st St. Councilman Pendleton motioned to adopt the resolution, seconded by Councilman Wilbur. Motion CARRIED 3-1. Mayor Christy voted NO. Ordinance 82-0-27 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING SECTION19.63(c) OF ARTICLE VI, CHAPTER 19, CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, RELATING TO FEES FOR GARBAGE AND TRASH COLLECTION BY PROVIDING THAT FEES FOR GARBAGE AND TRASH COLLECTION ARE DUE AND PAYABLE WHETHER SUQH SERVICE IS USED OR NOT; PROVIDING FOR A LATE CHARGE BILLING DATE; PROVIDING THAT GARBAGE AND TRASH COLLECTION SERVICES SHALL BE TERMINATED IF SERVICE CHARGES ARE NOT PAID IN FULL WITHIN 45 DAYS OF THE BILLING DATE; PROVIDING THAT THE SERVICE CHARGES f.OR GARBAGE AND TRASH COLLECTION SHALL BE A LIEN UPON THE REAL PROPERTY SERVED BY SAID GARBAGE AND TRASH COLLECTION; PROVIDING FOR THE ENFORCEMENT OF SUCH LIENS; PROVIDING FOR ATTORNEY'S FEES; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Councilman Lodico motioned to adopt the ordinance, seconded by Councilman Wilbur. Mrs. Henderson explained that the ordinance could have a retrospective effect. For those properties that are,prior to the adoption of this ordinance, delinquent the City has the right to file a suit against a property owner who was delinquent and obtain a judgement which would act as a lien against the property. This ordinance provides a procedure for the City to attach a lien without having to go through the lengthy process of filing a suit. The fees are due and owed to the City but the City does not at this time have a lien procedure. / Upon roll call motion CARRIED 4-0. Mr. Mitchell advised the Council that Mr. Holahan's request is being handled through the attorney. There is a cost effective situation in this area and it does not always pay to turn it over to the attorney. We have set an arbitrary limit which would be passed on but anything beyond that would be referred to the attorney. ~ Ordinance 82-0-28 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA CHANGING THE ZONING OF A PARCEL OF LAND DESCRIBED AS LOTS 2-10, BLOCK 1, FULLER AND SETTLE SUBDIVISION, LOCATED WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FLORIDA, FROM ITS PRESENT ZONING OF B-6 TO B-3; PROVIDING THAT THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA, SHALL BE AMENDED TO REFLECT SUCH CHANGE IN ZONING; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR A PUBLIC HEARING; PROVIDING FOR AN EFFECTIVE DATE. Councilman Wilbur motioned to adopt this ordinance, seconded by Councilman Pendleton. Motion CARRIED 4-0. Unfinished Business Hiring of a City Attorney. Mr. Mitchell told the Council that Councilman Ledbetter had requested that a special meeting be held so that he could take part in the selection of a city attorney. Councilman Wilbur motioned to TABLE this until the next meeting, seconded by Councilman Pendleton. Motion CARRIED 4-0. ,. . . . '. u Council Meeting l/a/82 u - 10 - Sa New Business - Approval of traffic signal Maintenance Agreement. Councilman Pendleton suggested that this be postponed until a later date. It was not that urgent a matter. This was agreed to by Council. Councilman Pendleton motioned to adjourn due to the late hour, seconded by Councilman Wilbur. Meeting was adjourned at 11:15 P.M. Minutes submitted by Nancy Blazi ~lIe4 ." " ,..." I, i ~. " ,::r J.{~:q f : ~ ~\ :- ~ (' f ',J " . v ~ \~ 1~ l r 'j .-J I ;. ~.::. ~ '~--< I' . ~ t., .':..,\. " t{ . \ ATTEST: '\ ~r~ City Cle va- Approved this~6 day of August, 1982. ~ ~~~/ )I/~ - Mayor ~pJ "OYj/1 ~ \--z'CVL ? j 7L nCllman Ledbe~te~ I / ~ , ~? \. ~ottf/. '/ y~~ C6uncilman~LOdico Co 9:tltW~ ~Councllman Pendleton 1D f ) cJ ~ ~