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08-16-1982 - Regular u u CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING and REGULAR MEETING August 16, 1982 Mayor Christy called the meeting to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert Christy Present Councilman Jacob Lodico Excused Councilman David Ledbetter Present Councilman Wilbert Pendleton Present Councilman John Wilbur Present City Atty. M.J. Henderson City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh There was a silent Invocation and a salute to the Flag. Mayor Christy called the first Public Hearing to order. ORDINANCE 82-0-27 - AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 19-63 (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 SUCH SERVICE IS USED OR NOT; PROVIDING FOR A LATE CHARGE WHEN GARBAGE AND TRASH COLLECTION FEES ARE NOT PAID WITHIN 20 DAYS OF 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 FOR 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. (ordinance read by title only) Mr. Holahan questioned if charges continued when service was stopped after 45 days of non payment. The City Attorney advised that the 45 day provision is in the ordinance as it presently reads. The procedure will continue as it has in the past. The City Attorney also read the section in the proposed ordinance regarding the placing of a lien upon property. Mr. Holahan noted that there should be sufficient notification to the property owner prior to placing a lien on the property. The City Attorney stated that there would be notification. Councilman Pendleton suggested that the billing department notify the City Manager when a bill was 45 days overdue so that the Manager could notify the City Attorney to send a notice to the property owner not the tenant that a lien is being filed. The City Manager agreed that this would be the procedure. There were no further comments from the audience. The Public Hearing was closed. The City AttorRey read Ordinance 82-0-27 again by title only. Councilman Pendleton motioned to adopt the ordinance, seconded by Councilman Wilbur. Councilman Ledbetter noted that property owners must be notified. Upon roll call motion CARRIED 4-0. ORDINANCE 82-0-28 - AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA CHANGING THE ZONING OF A PARCEL OF LAND DESCRIBED AS LOTS 3 - 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. (read by title only) u ~ u - 2 - Council Meeting 8/16/82 Mayor Christy opened the Public Hearing. Mr. Wargo told the Council that he believed the developer should finish a previously developed area before he begins any new construction. He also questioned the drainage in the area. Mr. Holahan informed the Council that he represented Mr. Hall, the developer, a'nd the Council should be rezoning property not people. Rezoning the property so that it could be developed would be an improvement in the area. Mr. Opal spoke to the Council about the special meeting that was held to consider the rezoning of this area and said that he also believes there is a drainage problem on this property. Mr. Muller talked about the drainage problem at Wildwood Subdivision. Mr. Phinney questioned whether or not the Council had seen the site plans for this development, the setbacks required in a B-3 zone and the traffic problem that already exists in this area. Mayor Christy read the memo from the Zoning Commission which recommended the rezoning of this property from B-6 to B-3. Mr. Phinney continued by saying he did not feel the Council should make 2A* a decision without seeing the proposed development plans. Mr. Gross told the Council that it appeared as if they were planning to make an important decision without thoroughly reviewing the plans. Mr. Armstrong referred to what he called the Lodico ditch which drains into a catch basin that goes across this property and had proved costly to the City to install. He added that the buyer should develop the area as it is presently zoned and not ask the City to rezone in order to enhance the value of the property. Mrs. Pendleton spoke about how hard her husband had worked for better government in the City. Mr. Mackie suggested the Council table this ordinance and take the time to review the application and the development plans. Mayor Christy closed the Public Hearing. The City Attorney read the ordinance again by title only. Councilman Wilbur motioned to TABLE this ordinance until the next Council meeting to get more information. Councilman Ledbetter said he would just as soon settle this tonight. Councilman Pendleton seconded the motion to TABLE. He noted that there is concern over drainage because of previous problems but the Council has and will continue to stiffen all ordinances relative to construction in .the City and take care of the problems concerning driveways, drainage, etc.and many of the questions raised tonight should have been asked of previous Councils. Upon roll call the motion to TABLE did NOT CARRY 2-2. Councilman Ledbetter and Mayor Christy voted NO. There was a discussion on Robert's Rules of order concerning a motion to table. The Council has always voted on a motion to table. Councilman Ledbetter motioned to reject the rezoning of the property. Motion died for a lack of a second. The City Attorney reminded the Council that the Zoning Commission had recommended the rezoning. The Council does not automatically have to comply with the Zoning Commission but if the Council is going to do something other than what the Zoning Commission has recommended, the record needs to reflect that the Council's action was not arbitrary but was based on some reason. Perhaps the Council would wish to reconsider the motion to table until the members can get more information. Mayor Christy said that he personally believed this was spot zoning, there are some houses on that property and also we have not contacted the County and that is a County road on Park Ave. leading into U.S. 1 and as Mr. Armstrong has stated there is tubing laying in there for drainage. I don't think it is right to go ahead with this. Councilman Wilbur requested a ruling on Robert's Rules of Order concerning a motion to table. Mayor Christy called a 10 minute recess for this purpose. Meeting called back to order. Mayor Christy said that it takes a majority vote to pass a motion to table. v ~ - 3 - Council Meeting 8/16/82 Mayor Christy also read a court decision defining spot zoning. (see attached) Councilman Ledbetter motioned to reject the rezoning. Motion died for a lack of a second. Mayor Christy noted that he had been advised by previous City Attorneys that a tie vote is a no vote. Councilman Wi~bur motioned to TABLE, seconded by Councilman Pendleton. Motion DID NOT CARRY 2-2. Councilman Ledbetter and Mayor Christy voted NO. Councilman Wilbur motioned to move on with the agenda. No second. The Council discussed the need to take some form of action on Ordinance 82-0-28. It was noted that the Chairman of the Planning Commission wished to address the Council. Mayor Christy said that he would not allow anyone from the audience to speak until the Council makes a decision on this ordinance. Councilman Wilbur motioned to adjourn. The City Attorney advised the Council not to adjourn before they paid the bills and accounts. Mayor Christy said he had heard that a motion to adjourn takes priority. Councilman Ledbetter said under the circumstances, he would second the motion to adjourn. Meeting was adjourned at 8:10 P.M. Minutes submitted bY~dY @t~- Mayor 5hristy ~ ~ ~~'o-/~e/ C9 ncilman Lodico ~-- -- r/{le, \ ) )'" / \ ~ I q /Ck0{ J?< ~ C@uncilman Ledbetter fu') Nancy B1azi ,EA" t' (/ 5-e I 1 ,\ '2(2 J -r "~ --ijd:!l;t!~ ~~. a~;d C uncifm Wilbur ~ ~