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04-21-1983 - Special ; . ~ (J . ; CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING APRIL 21, 1983 MINUTES Mayor Richard McKillop called the Special Meeting of Council to order at 2:00 P.M. in the Community Center. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present Present City Attorney Jose' Alvarez City Clerk Nancy B1azi Police Chief Earl Baugh Present Present Present Councilman Asting read a statement into the record regarding a trip by Mayor McKillop to the offices of Briley, Wild, the City's consulting engineers, on a Saturday afternoon. The meeting pertained to Pelican Cove West and Councilman Asting expressed his concern about the Mayor's not sharing the information with the rest of the Council, and the Mayor's response to questions asked by Mr. Walter Gross at the last regular meeting. Councilman Asting distributed copies of letters from Briley, Wild to Council members. Councilman Spencer noted that this is a special meeting and the subject is not on the agenda, and suggested if the subject is to be discussed further it should be at another meeting. The first item was to Continue Council Deliberations on the Request toRe-Zone Old County Road. Attorney Clay Henderson was present and distributed to Council an April 21, 1983, letter regarding the Old County Road Re-Zoning. Attorney Henderson said the development would be done "either as multi-story or sing1e~story. City Attorney Alvarez said the issue is whether the Council wants to extend the R-5 and eliminate the Industrial. There had been previous recommendations from the Zoning Commission and Industrial Board. Mr. Frank Opal spoke to Council and clarified that the Industrial Board voted unanimously opposing the project. Mr. Hatfield spoke regarding the four-story limit on buildings. There was a discussion regarding this being a spot zoning. Councilman Spencer referred to the Comprehensive Plan and said he was not in favor of re-zoning this from light industrial. Councilman Spencer moved to deny the application for re-zoning. Council- man Ledbetter seconded the motion. City Attorney Alvarez suggested re-stating the motion not to accept the recommendation of the Zoning Board and deny the re-zoning. Councilman Spencer withdrew his original motion, Councilman Ledbetter withdrew his second. Councilman Spencer moved not to accept the Zoning Board's" recommendation and to deny the application for re-zoning. Councilman Ledbetter seconded the motion. Motion CARRIED 5-0. The next item was to Take Action on Paying Martin Paving Bill. City Clerk Nancy B1azi clarified that the owner retains the 10% of the dollar value until the final payment and Briley, Wild did issue a statement of final completion so the amount of the payment would be $121,928.83. Councilman Asting noted a section at the entrance to Travelers Palm from 30th Street has not yet been corrected. The City Clerk stated there is a year's guarantee on the work and April 1st was the date of substantial completion. Mr. Martin stated the City has a surety bond if their company did not take corrective action to the City's satisfaction, and the bond is in effect for one year also. Councilwoman Bennington moved to pay Martin Paving the $121,928.83. Councilman Spencer seconded the motion. Councilwoman Bennington added this is based on our auditors and engineers advice. Councilman Asting noted the bill would be some $40,000 less if we'd cut the paving off at 26th Street when it was discovered the contract was wrong. Motion CARRIED 3-2. Councilmen Ledbetter and Asting voted NO. Act on City Clerk's Job Description - It was decided that Council would read this and review it to make a decision later. * <J (.) --;-... . ,I The last item on the agenda was to Clarify Motion on Building Official.s Payment. City Clerk Nancy Blazi said the foundation permits have been picked up but others on the list she submitted had not been picked up. Mr. Murphy's contract calls for 50% when the permit is picked up and it is paid. Mr. Murphy stated there were about 12 more foundation permits not on the list, and he's done some inspections. The City Clerk noted the motion had been to pay half now and half at final inspections,and where fees are not yet paid, these would be turned over to.Mr. Bradshaw. Councilwoman Bennington asked if foundation fees had been paid and Mr. Murphy said held never charged the City for foundation permits since 1980 and the permits were good for six months from application. There was a review of the list of the outstanding permits as of April 19, 1983. Councilwoman Bennington moved to pay Mr. Murphy the full $45. for foundations hels inspected and the rest of them to be turned over to Mr. Bradshaw. Councilman Spencer seconded for discussion. Mr. Murphy stated he hadn't requested reimbursement for foundation permits for two years and it would be $2.50 for each one. Councilman Ledbetter noted for the record that he voted to approve money for Mr. Murphy all this time under the assumption that it covered the entire 50% that the City got, and he won't go back two years to pay him for the foundation permits. Motion CARRIED 4-1. Mayor McKillop voted NO. Councilman Spencer moved to adjourn and that we pick up the recessed workshop from that morning. Councilman Ledbetter said a rumor has been going around that he has a tumor in his brain and it has come out of City Hall. He said he has cirrhosis of the arterial system. Councilwoman Bennington asked that the Mayor call a Special Meeting to discuss Councilman Asting's statement made at the beginning of the meeting.' Mayor McKillop said held call it for 24 hours from now, at 4:00 PM on the 22nd. Councilwoman Bennington then seconded the motion to adjourn. Meeting was adjourned. Minutes submitted by: Lura Sue Koser (])1~t~.~t;(*>- MA~OR v ~ COUNCILMAN - ZONE ONE ~~;t( ~ COUNCI~MAN - ZONE TWO 0 c7 J~~ COUNCIMtN - ONE THR~ ~~~ COU ILMAN - Z FOUR ~ ~ ATTEST: c~ Ap~roved thi s y.~, v /, xJ.- ~ day of , 1 983. a~)~ t~ ~a~ MA OR -2- Special Council Meeting Minutes Apri 1 21, 1983