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08-15-1983 - Regular - . ~ . . u o CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 15, 1983 MINUTES Mayor David Ledbetter called the meeting of Council to order at 7:00 PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Excused Present City Attorney Jose'Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Present Present Present There was a silent invocation and the salute to the flag. Proclamation - Mayor David Ledbetter read the proclamation of appreciation for the trophy presented by the Edgewater Little Major League All-Star Team. Ms. Ann Thomas, a member of the Parks and Recreation Board, accepted the Proclamation. Public Hearing and Second Reading - Ordinance 83-0-14 Landscape - City Attorney Alvarez read this Ordinance. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA TO PROTECT AND PRESERVE THE APPEARANCE, CHARACTER AND VALUE OF THE SURROUNDING NEIGHBORHOODS AND THEREBY PROMOTING THE GENERAL WELFARE BY PROVIDING FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING OF SCREENING AND AESTHETIC QUALITIES, SINCE THE CITY COUNCIL FINDS THAT THE PECULIAR CHARACTERISTICS AND QUALITIES OF THE CITY JUSTIFY REGULATIONS TO PERPETUATE ITS AESTHETIC APPEAL; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter opened the hearing to the public. There were no comments from the audience. Councilman Spencer moved that the public hearing be closed. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved that the Council adopt Ordinance 83-0-14. Councilman Wargo seconded the motion. Motion CARRIED 4-0. APPROVAL OF MINUTES Regular Meeting of August 1, 1983 - Councilwoman Bennington noted there was page 5 under Unfinished Business in the third paragraph and those voting no been Mayor Ledbetter rather than Councilman Asting. Councilman Wargo moved minutes be approved as corrected. Councilman Spencer seconded the motion. 4-0. an error on should have that the Motion CARRIED Special Meeting of August 3, 1983 - Councilwoman Bennington moved to accept the minutes. Councilman Spencer seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Spencer moved that the City pay the bills and accounts. Councilwoman Bennington seconded the motion. Mayor Ledbetter asked if the last payment to Mr. Charlie Murphy was included in those bills. City Clerk Kinsey said it was. Motion CARRIED 4-0. MISCELLANEOUS Mr. Robert H. Christy, 1916 Evergreen Drive, asked if the City got a Building permit to remodel the room infue corner, and recalled that a building inspector or engineer is to inspect before any city building is done. He read from Section 108 of the Building Code, and other sections related to building. He said he counted eight or nine wires coming out of one receptacle in the storage area of the Community Center. He said the Community Center was built by and for the people. Mr. McCallister came forward at the request of Mayor Ledbetter and said the Community Center was built from the ideas of the Mayor, City Councilmen and the Fire Department. He thought the building went up about 1952 with the idea they'd have a Fire Station, a kitchen, a Community Center, and a Youth Center. He said it was almost entirely built by donations of materials and labor. Mr. Christy asked Council if they wanted to look at the wiring and Mayor Ledbetter said under the stage is also in bad shape. There was a discussion between Mr. Christy and Mayor Ledbetter regarding the addition to Public Works and the ramp. Mayor Ledbetter stated held check to see if the building permit was pulled and would contact Mr. Christy. . . ~ o MISCELLANEOUS (Continued) Mr. Christy stated that he's been contacted by the insurance company and Bucky McEver's attorney regarding Bucky's accident. He said he was there at the time and was questioned about the insurance policy but when he came into City Hall and asked for a copy, he was told he would have to pay for it and he didn't think he should have to. Mr. Walter Gross, 909 Lake Avenue, spoke on resumes and applications for membership on boards and asked Mayor Ledbetter if the four members appointed to the Citizen Code Enforce- ment Board at the last meeting had submitted resumes. Mayor Ledbetter said he thought possibly one wasn't in there. Mr. Gross asked if the Mayor had scrutinized each resume and Mayor Ledbetter said he read each one given to him. Mr. Gross asked Councilman Wargo if he read all the resumes and Councilman Wargo said he did. Councilman Wargo noted that the one appointed without a resume was a reappointment. Mr Gross stated that he wanted the record to show that there were four appointed and three resumes. Mr. John Gross, 404 North Riverside Drive, said $500.00 of his money went into the building and he offered $100.00 to change the stage so it can be dropped down and put the floor like it used to be. Mr. Frank Opal, Florida Shores, asked about the monthly statement and City Clerk Connie Kinsey said they've been doing this for six or seven years on the computer but the form has changed from the way it was. Mr. Opal asked if it's put out for the City to see and City Clerk Kinsey said it was, but it's a financial statement and not as a clerk's cash statement. Mr. Opal asked if there1s a clerk's cash statement put out every month for the public and taxpayers to see as the Charter stipulates. City Clerk Kinsey said it's the terminology and Mr. Opal said he's been after this for a long time. COUNCIL/OFFICERS REPORTS OF BOARDS AND COMMITTEES Council Reports - Councilman Spencer requested that the Finance & Administration Director and Building Official check the electrical wires referred to by Mr. Christy and make sure they conform to the code. Councilman Spencer stated held accepted the individual evaluations of Ms. Kinsey which were prepared by the other Council members. He said held reviewed these with Ms. Kinsey and they are in her personnel file. Councilman Spencer spoke on the meeting of the Parks and Recreation and noted that the newspaper article regarding that meeting didn't tell the entire story, as the article stated the Board had interviewed four people for the position of Director of Parks and Recreation. He said the Chairman of the Board told those interviewed that the position would be advertised by the City and the City Council would conduct the final interviews and hire the person for the position. Councilman Spencer reported on the meeting that he and Councilwoman Bennington attended with the representatives of the Volunteer Fire Department. He said the minutes were given to him today and copies would be given to all members of Council. He noted that the name of the organization is the Edgewater Volunteer Fire Department, Incorporated and it's incorporated in the State of Florida and is non-profit, and they are able to have fund raising activities. He said they are interested in a long term lease for 2 to 3 acres of land and then would erect a building and would pay for it plus insurance, janitorial service, maintenance and repairs, etc. He stated that the Fire Department wanted full control over the use of the building and would use it primarily for fund raising activities but would also be for other civic activities. He said he felt their requests were quite reasonable and requested Council's authorization to continue the evaluation and investigation of this matter. He asked Council to instruct the City Attorney to prepare a preliminary long term lease agreement for review by the Council and by the Volunteer Fire Department Incorporated. so that they can see it has proper reverter clauses in case an unforeseen contingency occurs that would make this necessary. He said there was a question raised as to whether it was in accordance with the State Laws for the City to enter into this agreement and the Attorney could investi- gate this and advise Council. He stated the site for the building is still in question as the site directly behind Fire Station No. 2 on Mango Tree Drive may be needed at some future date for expanding of the City's waste treatment plant. He asked Council to give him authorization to meet with Terry Wadsworth and the City Engineer and report back to the Council on what it looks like for the City's future needs of that piece of property. He said another site has been suggested is the corner of Mango Tree and 12th Street which is owned by the City of New Smyrna Beach and asked Council to authorize Councilwoman Bennington to research this with the Mayor or Council of the New Smyrna Beach. -2- Regular Council Meeting Minutes August 15, 1983 , , Q o Council Reports (Continued) - Councilman Spencer moved that the City Council request Attorney Alvarez to prepare a preliminary long term lease. Councilwoman Bennington suggested he check to see they're within the legal bounds before preparing this and Councilman Spencer agreed. Councilman Wargo asked the City Attorney to check with the Florida State Constitution to see if they're clear as far as that's concerned. The motion was not seconded. Councilman Spencer then moved that they request the City Attorney to prepare a legal finding as to whether this would be in accordance with the law. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved Council authorize Mrs. Bennington and him to continue into the investigation of possible future sites and to check into the land at Mango Tree owned by the City of New Smyrna Beach. Mr. Jessie Walls, Assistant Fire Chief, said held investigated this and said they'd told him they'd be happy to give them the land if theyld deed the building over to them, but they don't want to do that. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilwoman Bennington noted that they do need the papers on the Articles of Incorporation. City Clerk Kinsey said the gentleman who has the papers is on vacation and will bring them in when he returns. City Attorney Reports - City Attorney Alvarez said he'd been told about a new lawsuit that had been filed but the City had not yet been served. The lawsuit was filed by Belmont Homes and requested the recreation fee, interest on monies held on deposit and challenged whether the City can legally charge engineering fees back to the developer. He asked Council IS direction on defending this suit. Councilman Spencer moved that the Council instruct the City Attorney to defend the City. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez noted that he and City Clerk Kinsey would be working on the insurance package to get the specifications ready for Council, and they'd be meeting with some officials throughout the state. City Attorney Alvarez said he was advised last week by a married couple in Edgewater of an incident involving the Police Department and the statements have been submitted to the City Administrator for handling in accordance with the procedures Council has laid out for this type of incident. He said at this time this documentation is exempt from public records according to Chapter 119. He said the procedural steps to be taken shall be in accordance with the Police Officers Bill of Rights, and when the investigation is concluded it will become public record. He said there was no arrest and it was not an investigation of criminal activity, just Police procedures. Mayor Ledbetter stated that it was brought to his attention that a case similar to this exists and asked the City Attorney if he had been contacted. City Attorney Alvarez said he had not been contacted. City Attorney Alvarez stated that they'd been trying for a couple of months to get the information for the enactment of a new ordinance on the area of impact fees from developers and held just received information from attorneys on the west side of the state. City Clerk Reports - City Clerk Kinsey said they'd completed the preliminary work on the general fund budget and they have to set a date for the Water, Wastewater, and Refuse workshop. She suggested Wednesday, August 17th or Friday, August 19th. Councilman Wargo stated he wouldn't be able to make it August 17th. It was agreed fueywou1d meet Friday, August 19th at 1 :00 PM.. City Clerk Kinsey said she had talked with Mr. Earl Copeland regarding his request for reclassification (item 7.F. on the agenda) and he had asked her to pull the letter at this time as he had reconsidered his request. City Clerk Kinsey said every Monday morning they're faced with public destruction of the Community Center restrooms and asked Council to consider locking them up and using it only during City Hall business hours and when there's an activity in the Community Center. Mayor Ledbetter noted that the vandalism is worse than it was at the handball courts when they had to start locking them, and suggested it only be open 8 to 4 daily. -3- Regular Council Meeting Minutes August 15, 1983 Q Q City Clerk Reports (continued)- Councilman Spencer stated he's aware of the deplorable situation but felt they should extend the hours to include those hours when the Community Center is open for a function. Councilwoman Bennington agreed that it should be open whenever anybody is there. Councilman Wargo moved to let the Clerk take whatever action she thinks is necessary. Councilwoman Bennington seconded the motion. Mayor Ledbetter suggested putting a sign on the door that they will remain closed until they're used in the manner they're intended for. Councilman Wargo agreed .to the addition to his motion. Councilwoman Bennington seconded the amendment. Amendment to the motion CARRIED 4-0. The original motion CARRIED 4-0. Public Works Opening of Tractor Bids - City Clerk Kinsey opened the bids and read the bidders and amounts. The first was from Industrial Tractor Co. Inc., Jacksonville, Florida, who declined to bid. The second was from Mac Smith Equipment Co., Holly Hill, Florida, for one new Massey Ferguson Model 250 diesel tractor for $10,361.04, which'had a suggested list of $15,244.00, a discount of $5,182.96. There was a charge for freight and delivery of $300.00. The third bidder was Volusia Ford Tractor of Deland, Florida for one new Ford diesel tractor, Model 2910, for $8,966.75 FOB Edgewater. There was a second bid from Volusia Ford Tractor for one new Kubota diesel tractor, Model 4050, which meets specifications except for the front tires, for $8,888.88, FOB Edgewater. The fourth bidder was Smith Feed & Seed, Deland Florida, for one John Deere Model 1250 tractor for $11,477.00. The fifth bidder was Robinson Equipment, Mims, Florida for one new Massey Ferguson Model 250 diesel tractor for $8,789.50. The sixth bidder was Hood Tractor Company, Orlando, Florida for one new Kubota diesel tractor Model M4050F, 2 wheel drive, for $9,925.00. Councilman Spencer asked to review the letter regarding the Massey 250 diesel. Councilman Wargo moved that they consult with the Public Works Director and if everything is in order they go ahead and purchase the tractor of the low bidder, the Massey Ferguson 250D from Robinson Equipment. Councilwoman Bennington seconded the motion. Councilman Spencer stated the intent of the motion is that the City Council will buy this one and Councilman Wargo said that's unless there's a good reason why they shouldn't. The representative from Robinson was in the audience and Councilman Spencer asked him if the tires that were specified were this same type and the repre- sentative said they were and that they meet or exceed the specifications called for. Councilwoman Bennington asked if that included delivery cost and the representative said it would be the cost delivered tofue City of Edgewater. Councilwoman Bennington asked when they could expect delivery and he said it would be within the 30 days as the tractor is in the yard now. The representative noted that they bid this same model the first time at a higher price but they wanted to continue serving the City of Edgewater so they bid below cost. Mayor Ledbetter asked the City Clerk if she could certify that the money is in the depository for this expenditure. City Clerk Kinsey said she can, part'in Water, Wastewater budget and approximately $300 would have to come out of the General fund. Mayor Ledbetter noted that a portion of that is coming out of Water because the backhoe in the Water Department now was on a 50/50 proposition with the Street Department. Motion CARRIED 4-0. Utilities Department - Request to Attend School - City Clerk Kinsey read the August 4, 1983 memo from Terry Wadsworth, Utilities Director, requesting two employees be authorized to attend a school in Gainesville August 29th through September 2, 1983. The two employees were Dennis Norman from Wastewater and David Thurston from Water. Councilman Wargo moved that they send them at the expenses listed on the sheet. Councilwoman Bennington seconded the motion for discussion. Councilman Wargo noted that the intent of the motion is that there are no other expenses involved. Councilwoman Bennington asked why this had to come to Council if it was budgeted in his account. City Clerk Kinsey said that was a proposed budget and final approval has ,to come from Council for actual use of the money. Councilman Spencer asked about transportation expenses for the trip. City Clerk Kinsey said they are planning to take the City car. It was noted that the total was in error and it should have been $520. rather than $320. Mayor Ledbetter stated they would make the trip with a cost to the City not to exceed $520. and Councilman Wargo agreed that was the intent of the motion. Motion CARRIED 4-0. Civil Defense - Staff and Officers for 1983-84 - City Clerk Kinsey read the list of staff and officers for 1983-84 which was submitted by Vic Vandergrifft, Civil Defense Director. Councilwoman Bennington moved to accept this. Councilman Spencer seconded the motion. Motion CARRIED 4-0. -4- Regular Council Meeting Minutes August 15, 1983 ,.. " o o Building Official re: Satellite Antennas - City Clerk Kinsey stated sheld sent a memo to Mr. Bradshaw regarding the satellite antennas and she read his August 9th memo of his suggestions. Councilwoman Bennington asked why the one permit that was issued was for $8.00 and his memo suggested $10.00. City Clerk Kinsey said she thought there was an electrical fee of $3.00 and a flat fee of $5.00 but she didn't know why he came up with the $10.00. City Clerk Kinsey reviewed the list of the towns whose sample ordinances they had. Councilwoman Bennington did not feel the Building Official IS memo was explicit enough to write an ordinance. Councilman Spencer said he concurred with Councilwoman Bennington that this was nocenough information and he moved that they TABLE this to a future date until they can have a workshop, look at the information that Ms. Kinsey collected, plus recommendations of the Zoning Commission and the Building Official and he suggested tabling this for action later this fall. Councilwoman Bennington agreed with tabling it but said she wanted Mr. Bradshaw to know, as well as other department heads, that when they give Council recommendations they need to have all the background information. She then seconded the motion. Councilman Wargo asked how they would control it when someone puts a 10 foot disc in a front yard, and felt there might be a problem if they wait too long for the legislation. Motion CARRIED 4-0. Board of Adjustment - Resignation of Mr. David Severance - City Clerk Kinsey read the August 5, 1983 letter from Mr. David Severance. Councilman Spencer moved that Council accept the resignation of Mr. Severance. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Mayor Ledbetter asked that a letter of appreciation be sent. Parks and Recreation Board re: Community Center Usage - City Clerk Kinsey read the August 10th memo from Joan Taylor, Secretary of the Parks and Recreation Board, which recommended Council accept the suggested rental fee schedule. Councilman Spencer suggested adding two organizations to the list not charged a fee and they were Friends of the Library and the Ham Radio Club. Councilman Spencer noted a newspaper article that advertised wind surfing lessons at Menard Park and felt that the City has a limited amount of City park space and the City shouldnlt permit someone to use it for a commercial enter- prise. Mayor Ledbetter noted that people come from other towns to use our boat docks for shrimping, and suggested talking with the man and ask him to withdraw his ad that he's giving lessons at a cost. Councilman Spencer moved that Council accept the recommendation with the addition of the Friends of the Library and the Radio Club to the list of those organizations who do not have to pay a fee. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Spencer moved that the City Clerk be instructed to inform the gentleman whols advertising for the wind surfing lessons at Menard Beach that he is not permitted to advertise for profit making purposes to use public facilities. Mayor Ledbetter noted he should be informed it's for recreational purposes only and not for a business enterprise. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Planning Commission re: Overlay My1ars - City Clerk Kinsey read the August 9th memo from the Planning Commission requesting overlay my1ars for water, sewage, paving, and flood plain areas, including drainage canals. Councilman Spencer . moved that Council accept the report from the Planning Commission and requested the City Clerk to provide a cost to implement this before they vote on'it, as he felt it might be expensive. Councilman Wargo seconded the motion. Motion CARRIED 4-0~ , Planning Commission re: R-4 Multi-Family District and Duplexes - City Clerk Kinsey read the August 9th memo from the Planning Commission requesting all site and sketch plans in R-4, Multi-Family District, and Duplexes be submitted to the Planning Commission for approval. Councilwoman Bennington moved to go along with the Planning recommendation but she thought they should put in the landscape ordinance also. Councilman Spencer seconded the motion. Mr. Don Bennington, Chairman of the Planning Commission, spoke to Council , and said the ordinance now says all R-4 but duplexes that are not R-4 are not coming ,before the Commission. Motion CARRIED 4-0. Zoning Commission re: Video Games - City Clerk Kinsey read the August 9th memo from the Zoning Commission which questioned the video games at Aqua Park Swimming Pool that had no permit issued. Mayor Ledbetter asked the City Clerk if a permit has been pulled for the video games and City Clerk Kinsey said a request was made for a permit but there is no provision for them. Councilwoman Bennington noted that on page 865 the electronic games were listed with a fee schedule and on page 867 coin operated machines are listed and she felt they should have a license under section 19 and they are in violation of our code and should go before the Code Enforcement Board. She referred to the section of the code regarding violations. Councilman Wargo moved that they designate Chief Baugh to investigate and see how many machines there are and follow through with a complaint to the Code Enforcement Board. Councilwoman Bennington seconded the motion for discussion, and noted that the man had been on the agenda twice and the number of machines had gone up. Councilman Spencer stated that he wasnlt sure the term electronic games was intended to cover video games, and suggested Council have a workshop session -5- Regular Council Meeting Minutes August 15, 1983 ." " o o Zoning Commission re: Video Games 'continued)- perhaps with the Zoning Commission and interested parties to see just what the City wants in regard to these machines. He said he wasn't in favor of asking one individual to do something unless all people are asked to do the same in regard to the video machines. Councilwoman Bennington stated there was another video game room that had a license, and Aqua Park should have a license until they can do something to write up the video game ordinance, and "felt the present ordinances should be enforced. Councilman Wargo suggested getting a code enforcement officer to work with the Zoning Commission, Planning Commission and the Code Enforcement Board, to investigate and enforce the laws. Councilwoman Bennington noted that the Building Official was hired as a code enforcement officer also. Mr. Carl Cochran, Chairman of the Zoning Commission, said he'd seen from the beginning that they kept getting more machines there and weren't getting a permit and said he was told there wasn't an ordinance prohibiting it but he felt there also wasn't an ordinance to allow it either. City Attorney Alvarez stated the one question was what procedure was to be taken concerning citizens and businesses who do not abide by the City's rules and regulations and any violations of the code would be a misdemeanor. He said the example cited in the memo pertained to video game machines and this is a new technology but when- ever an application is made for an occupational license or building permit or use of property not specifically named in the ordinance,such application should be submitted to the Zoning Commission1 and then the procedure followed from there. He said provision 304 in the Code states Zoning Board which is defined as Planning Commission or Zoning Commission so an administerial decision will have to be made as to which of the two when someone , comes in for a license or for a use or to apply to do something which is not specifically spelled out in the Code. He said the first time the video subject came up was March 28th at a meeting of the Zoning Commission, and on March 30th a memo was sent to Council to regulate game machines in B-3 and B-5. He said next was the workshop held April 25th which resulted in the discussion of the Port Orange and Ormond Beach ordinances, and then there was a motion May 2nd regarding the workshop requesting that an ordinance be drafted. He said on May 18th he got a memo from the Zoning Commission stating the guidelines for the ordinance. He said he conducted a research into this around the State and all around the nation and has reviewed ordinances and cases and some areas had not been addressed such as traffic congestion, litter and noise, truancy and who is to enforce it, etc. He named several items that had not been covered. He said he got a May 24th memo from the Planning Commission which stated the principal use application should not go before the Board of Adjustment. City Attorney Alvarez said in light of recent decisions he wants an ordinance that isn't a waste of time and won't be thrown out by a Circuit Judge at the first challenge. Councilwoman Bennington suggested they look at video game rooms to see what it constituted. Mr. Cochran said they were aware that there would be certain complications. Councilwoman Bennington said she would like Council to look at it as video game rooms rather than as just video games. Mayor Ledbetter asked Chief Baugh to check the machines for a sales tax number. Motion CARRIED 3-1. Councilman Spencer voted NO. Councilman Spencer noted that the Attorney had done a lot of background work on this and he felt it would be desirable for Council to schedule a workshop with the Attorney to get this finished up. He suggested scheduling this after the budget is completed. Councilwoman Bennington said she thought it would be a good idea to schedule it after the labor negotiations, the budget, and the insurance negotiations, since these are three big projects, and felt we were covered under the ordinances. COMMUNICATIONS There were no communications at this meeting. ORDINANCES AND RESOLUTIONS Res.83-R-61 Appointment to Citizen Code Enforcement Board - City Attorney Alvarez read the Resolution. A RESOLUTION CONFIRMING AND RATIFYING THE APPOINTMENT BY MOTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, OF ONE MEMBER TO THE CITIZEN CODE ENFORCE~ MENT BOARD; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. This Resolution appointed Mr. Vince Turano for a three year term to end August 2, 1985. Councilwoman Bennington moved to accept Resolution 83-R-61. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Res. 83-R-62 Appointment to Industrial Development Board - City Attorney Alvarex read the Resolution. A RESOLUTION CONFIRMING AND RATIFYING THE APPOINTMENT BY MOTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, OF ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. This Resolution appointed Ms. Kathryn Lee for a three year term to end April 2, 1985. Councilman Spencer moved that Resolution 83-R-62 be adopted. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. -6- Regular Council Meeting Minutes August 15, 1983 , . .,,, .. d) .... o Q ORDINANCES AND RESOLUTIONS (continued) Res. 83-R-63 Appointment of Acting Mayor - City Attorney Alvarez read this Resolution. A RESOLUTION CONFIRMING AND RATIFYING THE APPOINTMENT BY MOTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, OF AN ACTING MAYOR; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. This appointment was naming Councilman Neil Asting as Acting Mayor. Councilman Spencer moved to adopt Resolution 83-R-63. Council- woman Bennington seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. Res. 83-R-64 Prohibited Parking on U.S.#l-New Hampshire/Louisa St. - City Attorney Alvarez read this Resolution, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REQUESTING THE PROHIBITION OF VEHICLE PARKING IN COOPERATION WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. The City requested the Department of Transportation to install signs and traffic devices to prohibit parking on the east side of U.S. #1 from 225 ft. south of Louisa Street to 360 ft. north of Louisa Street. Councilwoman Bennington moved to adopt Resolution 83-R-64. Councilman Wargo seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS Zero Lot Line Ordinance - City Clerk Kinsey said this and the next two items were those tabled from August 1st. She read the June 23rd memo from the Planning Commission. Councilman Wargo moved to amend Item 1 to read: "which adjoin by common wall connected to two walls under a common roof." City Attorney Alvarez suggested adding a section of definitions. Councilwoman Bennington seconded the motion for discussion. Council- woman Bennington amended the motion to include whatever definitions the Attorney deems necessary to clarify this ordinance. Amended motion CARRIED 4-0. Original motion CARRIED 4-0. Amending 606.01(g) re: Offstreet Parking and Loading Areas - City Clerk Kinsey read the June 23rd memo from the Planning Commission which requested that the last sentence of the section be deleted, which reads: "0ffstreet parking and loading areas shall not extend to or occupy any required yard area. II Councilwoman Bennington moved to instruct the Attorney to do what is necessary to amend this ordinance per the PlanningCommissionls memorandum. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Amending 715.02 re: Preliminary Site Plan Requirements List - City Clerk Kinsey read the June 24th memo from the Planning Commission which requested the section be amended to conform to the present Preliminary Site Plan Requirements list. City Attorney Alvarez asked if this is something that is involved in a lawsuit. There was a discussion as to how long this form had been in use and if it was necessary to amend the ordinance and City Attorney Alvarez said held like an opportunity to review it. Councilman Wargo moved to TABLE this so the Attorney could review it. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Appointment to Board of Adjustment - Mayor Ledbetter stated therels an ad going in the paper for board applications. Councilman Wargo moved to TABLE this for the ad in the paper. Councilman Spencer seconded the motion. Motion CARRIED 4-0. ADJOURtl AT-TEST. 22~ 4'-~ CITY CLERK '- - ---- Approved ~tt day of - ._ {'I 983. ~ k. . ~1!f/6-1 ~y~ - eL- f! * fr}1(j Lura Sue Koser ~ -7- Regular Council Meeting Minutes August 15, 1983