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11-05-1984 - Regular , ~ u Q CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 5, 1984 MINUTES Mayor Ledbetter called the meeting to order at 7:00 PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Present Present Councilman Jack Spencer Present City Attorney Jose' Alvarez Present City Clerk Connie Kinsey Present Police Chief Douglas Betts Arrived Later There was a silent invocation and the salute to the flag. PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: Mayor Ledbetter recessed the regular meeting to the Public Hearings. Ord. 84-0-20 Amending Sect. 700.01 re: off-street parking requirements - City Attorney Alvarez read this Ordinance. ORD. 84-0-20 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VII, SECTION 700.01 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY REVISING THE REQUIRED OFF-STREET PARKING REQUIREMENTS; CONTAINING A REPEALER PROVISION; A SEVERABILITY . CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mr. James Hatfield, 236 Old County Road, asked what the off-street parking consists of because there are 10 to 14 cars parking along where he lives where Cheetah and Old County Road intersect. He noted that he's called the Police Department about the situation and the people were told they were in violation. He said he asked for re-zoning about a year ago and was told they didn't want any light industry there, plus before it was said that all industry would be on the other side of the railroad tracks. He stated that they're discriminating against the requests for light industry and this is displeasing to him. Mr. Frank Opal) Florida Shores, said there was a street light but no thought of parking and the people are leasing the place and stalling. He stated that the ordinance should go into effect and be enforced. Mr. Dana Armstrong, Cheetah Drive, said he understood that off-street parking with site plan approval is under the jurisdiction of the board who reviewed the plan and approved it. He stated that in 1986 the State is going to sand blast the parking lines on U.S. 1 and there will be three lanes north and south with no parking on U.S. 1 between New Smyrna Beach and Florida Shores. He said the intent of the building when it started was to be a tee-shirt and stencil industry and be a family business with no outside employees. He added that he sold the property and they built a fence to the street right of way and park outside the fence. He said he's complained to the owner so the people wouldn't block City streets and he wants it resolved. Mayor Ledbetter noted that it was a one-man operation and now the owner has two businesses operating out of it and passing as one business. Mr. Hatfield said he's got five surveys of his property and he talked with the Building Official and City Clerk about it and it shows Old County Road going to Cheetah Drive is only 10 foot, 6 inches. He added that Mr. Sikes told him that it would be used for stencils and tee-shirts and storage and not for manufacturing, and this should have been checked on about a year ago. He suggested that they go to the abutting property owners to see if he'd sell him some more property. Councilman Spencer pointed out that they're dealing with two things, one con- cerning parking being done at that location, but this ordinance is one to clarify and better define the City's off-street parking requirements and Council should direct the Police Chief to determine if the parking is in violation, and if so, notify the owner to cease and desist. Councilman Wargo moved to adopt Ordinance 84-0-20. Councilman Spencer seconded the motion. Motion CARRIED 5-0. u o PUBLIC HEARINGS - SECOND AND FINAL READINGS AND ACTION: (Continued) Ord. 84-0-21 - Rezoning from B-6 to B-3 Parcel 2 between Alamanda Drive and Indian River Boulevard - City Attorney Alvarez read this Ordinance. ORD.84-0-2l- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE l66.04l(c)(1) AND SECTION 1100 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING PARCEL 2 LOCATED BETWEEN ALAMANDA DRIVE AND INDIAN RIVER BOULEVARD FROM B-6 TO B-3; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER ACCORDINGLY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter asked for public input. There were no comments from audience. Councilman Wargo moved to adopt Ordinance 84-0-21. Councilman Asting seconded the motion. Motion CARRIED 5-0. Ord. 84-0-22 Amending Art. II,Sect. 200.00 Definitions - City Attorney Alvarez read this Ordinance. ORD. 84-0-22 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE II. DEFINITIONS, SECTION 200.00 INTERPRETATIONS OF CERTAIN TERMS AND WORDS OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CHANGES, DELETIONS AND ADDITIONS IN SAID TERMS AND WORDS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter asked for pu~ic input.There were no comments from the audience. Councilman Spencer commended the members of the Planning and Zoning Board for updating the ordinance, and then moved that Council adopt Ordinance 84-0-22. Councilmen Asting and Wargo seconded the motion simultaneously. Motion CARRIED 5-0. Ord. 84-0-23 Amending Art. VI re: Unmanned Telecommunication Facility - City Attorney Alvarez read this Ordinance. ORD. 84-0-23 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE VI OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADDING "UNMANNED TELECOMMUNI- CATION FACILITY" AS A SPECIAL EXCEPTION OR A PERMITTED USE IN CERTAIN DESIGNATED ZONING DISTRICTS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Ledbetter asked for public input. There were no comments from the audience. Councilwoman Bennington moved to adopt Ordinance 84-0-23. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Ord. 84-0-24 Amending the budget by transferring a portion of unexpended FY-1984 balance to Parks & Recreation to FY-1985 - City Attorney Alvarez read this Ordinance. ORD. 84-0-24 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, AMENDING ORDINANCE 84-0-16, THE BUDGET ORDINANCE FOR THE CITY OF EDGEWATER, WHICH SETS FORTH REVENUES AND EXPENDITURES FOR THE FISCAL YEAR 1984-1985 BY INCREASING THE GENERAL FUND REVENUE AND THE GENERAL FUND ESTIMATED EXPENDITURES BY $38,500. TO BE USED BY THE PARKS AND RECREATION DEPARTMENT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Ledbetter asked for public input. There were no comments from the audience. Councilman Spencer pointed out that this item was budgeted last year but was not able to be completed and they're transferring $30,000. from last year plus $8,500. to build a concession stand at the ballfield. Councilman Asting noted that it will include light poles and Councilman Spencer added that the fencing is included also. Councilman Spencer moved that Council adopt Ordinance 84-0-24. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Ord. 84-0-25 Repealing Ord. 82-0-24A re: stormwater management - City Attorney Alvarez read this Ordinance. ORD. 84-0-25 - AN ORDINfu~CE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ORDINANCE 82-0-24A, ADOPTED AUGUST 2, 1982, AND ENTITLED "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 ORDIN- ANCES 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 PERMITTED PROCEDURES OF CHAPTER 9.5; BY 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": IN ITS ENTIRETY; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Ledbetter asked for public input. Mr. Frank Opal, Florida Shores, said 82-0-24A was a ringer thrown in and it seems that everyone was unaware of it in 1982. He added that he's in favor of repealing the ordinance and enforcing it as the problem is enforcement. Councilman Spencer moved that Council adopt Ordin- ance 84-0-25. Councilman Asting seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes November 5, 1984 u 0 PUBLIC HEARINGS - SECOND AND FINAL ~EADINGS AND ACTION: (Continued) Ord. 84-0-26 Amending Sect. 9.5-56 to reinstate single family and duplex residences as exemptions re: stormwater management - City Attorney Alvarez read this Ordinance. ORD. 84-0-26 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 9.5-56 OF THE EDGEWATER CODE OF ORDINANCES BY REINSTATING, AS AN EXEMPTION, SINGLE-FAMILY AND DUPLEX RESI- DENCES AND ACCESSORY USES NOT TO EXCEED TWO (2) UNITS PER LOT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Ledbetter asked for public input. There were no comments from the audience. Councilwoman Bennington moved to adopt Ordinance 84-0-26. Council- man Wargo seconded the motion. Motion CARRIED 5-0. Ord. 84-0-27 Amending Sect. 15-4 by adding (b) re: driveways crossing swales or ditches - City Attorney Alvarez read this Ordinance. ORD. 84-0-27 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 15-4 OF THE EDGEWATER CODE OF ORDINANCES BY ADDING (b) PERTAINING TO DRIVEWAYS CROSSING A SWALE OR DITCH; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Mayor Ledbetter asked for public input. There were no comments from the audience. Councilman Wargo moved to adopt Ordinance 84-0-27. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington moved to go back into the regular meeting. Councilman Spencer seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Special Emergency Meeting of October 10, 1984 - Councilman Wargo moved that they adopt the Special Emergency Meeting minutes of October 10th. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. Regular Meeting of October 15, 1984 - Councilman Spencer moved that Council adopt the regular meeting minutes of October 15th. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting of October 19, 1984 - Councilwoman Bennington moved to approve the minutes of October 19th. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Special Meeting of October 23, 1984 - Councilman Spencer moved that Council adopt the minutes of October 23rd. Councilman Asting seconded the motion. Motion CARRIED 5-0. Special Meeting of October 24, 1984 - Councilwoman Bennington moved to adopt the minutes of October 24th. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Special Meeting of October 26, 1984 - Councilman Asting moved to adopt these minutes for October 26th. Councilman Spencer seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Spencer moved that Council approve the regular bills and accounts. Councilman Asting seconded for discussion. Councilman Asting questioned an expenditure on page 1 of $1,082 and City Clerk Kinsey stated that it was for the sign faces. Councilman Spencer asked about the item on page 4 to O'Brien and City Clerk Kinsey confirmed it was for the Haunted House for the children. Motion CARRIED 5-0. City Clerk Kinsey noted that there was a supplemental bill which needed Council approval because no purchase order was obtained. Councilman Spencer moved that Council approve the supplemental bill of $11.50. Councilman Wargo seconded the motion. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes November 5, 1984 w o MISCELLANEOUS Mr. Frank Opal, Florida Shores, asked members of the audience if they'd received their property tax bills and if anyone had a reduction in taxes. He said it was a good thing had the rolled back rate of 5.441 and he thanked Councilman Spencer for not being there to vote on it at the time. He stated that they're getting more money in Edgewater even with the rolled back rate and he could cut the budget by at least $200,000. Councilman Spencer objected to Mr. Opal's statements and stated it was a political pitch and Mr. Opal didn't know how he would have voted. Mr. Opal stated that Councilman Asting made that statement. Councilman Asting asked that order be maintained and Mayor Led- better replied that he thinks order is being maintained and he also remembers Councilman Asting making the statement regarding Councilman Spencer's voting. Mr. Dana Armstrong, Cheetah Drive, pointed out that the previous ordinances had been passed while Council was in recess and said he hoped they'd confirm their actions while in regular session as he wouldn't want to go to court. There was a discussion about when the ordinances were adopted. City Attorney Alvarez suggested that Council be polled to see that the ordinances were enacted pursuant to the intent. Councilman Spencer stated it was his intent to adopt these ordinances. Councilman Asting said it was his intention to vote on these ordinances for enactment. Mayor Ledbetter said his intent was the same as the other two. Councilwoman Bennington said her intent was to enact these ordinances. Councilman Wargo said that was his intention. City Attorney Alvarez asked that the record reflect the Council's intentions. COUNCIL/OFFICERS REPORTS, BOARDS, AND COMMITTEES City Council Reports - Councilwoman Bennington noted that Council has received copies of the latest tallies on the paving question. Councilman Spencer stated that it was an outstanding report and indicated a significant number of replies from the people and he'll prepare a guide that the new Council could use if they desire since the majority of people on the unpaved streets do want the paving. Mayor Ledbetter read the letter from Mr. Rick Weeks of the Disabled American Veterans requesting permission to hold a Veterans Day ceremony in front of City Hall on Monday, November 12th at 10:30AM and to have 50 chairs placed there and a proclamation issued by the Mayor. Councilman Spencer moved that Council approve and grant the request that was just read. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Mayor Ledbetter also noted that the Disabled American Veterans were planning a Fish Fry at the Florida Shores Property Owners Clubhouse. Councilwoman Bennington complimented the Parks and Recreation Department, Parks and Recreation Board, the Ohio Buckeye Club, and all the volunteers who contributed to make the Halloween House so successful. Councilwoman Bennington asked the status of the extension on the City's health insurance and worker's compensation insurance. City Attorney Alvarez stated that he'd reviewed the agreements and met with the City's agent and will have a report to Council in writing with an analysis of the terms of the agreement and how the industry is different from regular liability and other insurances when it involves health care insurance. Councilwoman Bennington asked if they can get the 90 days extension and City Clerk Kinsey stated that they can go month to month while the City Attorney is pursuing it. City Attorney Reports - City Attorney Alvarez asked if Council objected to Coronado Paint Company's posting a letter of credit from a local bank instead of a cash bond for the repairs to City streets. Councilman Spencer said he had no objection as long as it's made out to the City of Edgewater and he noted that they've extended the privilege to others. Councilwoman Bennington said it's standard practice to accept it. Councilman Wargo moved to accept the letter of credit. Councilman Spencer seconded the motion. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes November 5, 1984 u o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports - City Clerk Kinsey stated that Council had received her request to attend an Institute on November 12th to 16th. Councilman Spencer moved tha the request be granted in view of the fact that funds are available in the F & A budget. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey noted that Council received the information on the printer and terminals and authorization is needed if the purchase is to be made. There was a discussion of the costs for the printer of $6,600. and $3,500. for the terminals, plus an additional charge for the program and the mainten- ance. Mayor Ledbetter recommended this be tabled for the incoming Council. Councilman Wargo asked about the two suitcases that a City employee carries out of City Hall and takes home each evening. City Clerk Kinsey replied that they are back up disk packs that have to be removed from City property every night due to the possibility of damage as there's no fireproof place to put them. Councilman Wargo suggested it would be more practical to build a fire- proof box in City Hall and keep them there since the employee could be involved in an accident or have her house burn or they could be stolen. City Clerk Kinsey said they're the extra set and the insurance carriers recommended that both sets not be kept on the same property. Mr. Frank Roe, from the audience, asked if the City is liable if any employee takes anything home and City Clerk Kinsey replied yes. Councilwoman Bennington suggested it be turned in to the Police Department and someone could take them out with them. Councilman Spencer pointed out that it's very customary to maintain separate storage facilities for the information on the magnetic disks and he suggested Fire Station #1 as a solution and transporting them on a daily basis since the Police Depart- ment is a part of this same location. Councilman Wargo said they're obligating an employee to do something above and beyond the call of duty and they shouldn't shift the responsibility that way. Mr. Frank Roe, from the audience, questioned item 6.D. on the agenda for authorization to purchase over $1,000. as he felt that should be a specific amount to spend. City Clerk Kinsey pointed out that anything over $2,000. has to go out for bid and the specific amount is listed in the memo regarding this matter. Councilman Spencer moved that Council authorize the pur- chase of the printer and that's all he includes in the motion. Councilman Asting seconded the motion. Councilwoman Bennington questioned if those costs on the quotes would be added to what they're now paying and City Clerk Kinsey replied yes. Councilwoman Bennington asked about the status of the current printer and City Clerk Kinsey said it will go down if it's not going to be connected in City Hall at another terminal. Councilwoman Bennington questioned where the amount for maintenance was budgeted and City Clerk Kinsey said it will be under repairs and maintenance. Councilwoman Bennington asked if there's enough money to cover it and City Clerk Kinsey replied that it would be covered. Councilwoman Bennington asked about future needs and City Clerk Kinsey replied that Fiscal Information doesn't buy any equipment back, and because of the agreement with them, it has to be purchased this way and the agreement has been in effect for about six years and has been extended for about three or four years. Councilman Spencer pointed out that this Council agreed to this agreement. Motion CARRIED 4-1. Councilman Wargo voted NO. Councilwoman Bennington stated that she voted YES based on the information suplied by the City Clerk and the package. Mayor Ledbetter stated he voted YES provided that the rest of the Council goes along with it. Councilwoman Bennington asked the disposition of the old printer and City Clerk Kinsey noted that they'll allow $300. on it. Councilman Spencer said he didn't want to include any disposition of this or purchasing of the new terminals and it can be considered later. City Clerk Kinsey stated that Council received a letter from Florida Power and Light Company and there's telephone conversation from Southern Bell, with a letter on the way, regarding the sidewalk on West Park Avenue and the poles will be moved at no expense to the City or the County with an approximate 6 week time frame to complete the moving. She requested Council permission to send the two letters to Mr. Ferrara for his next meeting with the County engineers. Councilman Spencer moved that it be accomplished. Councilwoman Bennington seconded the motion. Councilman Wargo said he hopes the relocation will be done by the middle of December as Council has done a lot of work and research on this pro- ject. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes November 5, 1984 Q Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports (continued) - Councilman Spencer asked the City Attorney if it's proper to pay for the bike path from the recreation impact fees as that was Council's intention. City Clerk Kinsey noted that she'd talked with the auditors and they suggested a legal opinion. Councilman Spencer requested that they be informed if it's legal to proceed with this on the basis that it will be funded under the recreation fund and to have the information by the 19th meeting. City Clerk Kinsey presented the plaque for the Financial Reporting Award to the City Council. Councilman Spencer noted that the City staff participated in developing the report and Mr. Alex Kish had a large part in it and he wanted to thank him on behalf of the Council for preparing such an outstanding report. Utilities Department Request for authorization to purchase over $1,000. - City Clerk Kinsey read the October 30th memo from Mr. Terry Wadsworth, Super- intendent of Utilities, requesting authorization to purchase an autoclave for the Wastewater Department in the amount of $1,340.from Thomas Scientific. Councilman Spencer moved that Council authorize the purchase of the autoclave as indicated at a cost of $1,340. Councilman Asting seconded the motion. Motion CARRIED 5-0. Public Works Department Request to advertise for bids for tractor - Councilman Wargo moved that they TABLE this. Councilwoman Bennington seconded the motion. Councilman Spencer questioned the reason for tabling and Councilman Asting stated that this is further delay of a much needed piece of equipment which will cause a problem if the present prime mover goes down. Mayor Ledbetter questioned if the 6 cylinder would be large enough to haul the load. Councilman Wargo said they're getting complaints about the removal of trash and authorized the purchase of a new trash truck and two new employees to get rid of some of the trash and this tractor will hold up for awhile yet. He added that trash is setting in some locations for five to six weeks. Councilman Asting stated that they're talking about the prime mover for the garbage with this request and not trash. Councilman Spencer pointed out that there's $88,000. in Federal Revenue Sharing for equipment and the Refuse Department has $55,000. designated for a tractor and he felt they should authorize it now but agreed there are other needs in the City. Councilman Wargo questioned why there were four garbage trucks now and City Clerk Kinsey clarified that one was a loaner because there were two transmissions out. Councilman Wargo said he'd not heard about it and felt Council should have been advised in writing regarding this. Councilwoman Bennington asked who wrote the specifications and City Clerk Kinsey replied that they were given to her by Mr. Copeland but she didn't know who wrote them, but he'd reviewed them with several people. Councilman Spencer said he felt the specifications were adequate with the 300 horsepower engine and 3100 RPM, and he noted that it requests a fifth wheel connection. Motion to TABLE DID NOT CARRY 2-3. Councilwoman Bennington, Councilmen Asting and Spencer voted NO. Mayor Ledbetter stated that he voted YES until someone convinces him that the 6 cylinder will work. Councilman Asting moved to authorize the Public Works Department to advertise for the tractor according to specifications. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Mayor Ledbetter voted NO. Citizen Code Enforcement Board re: street damage in Wildwood - City Clerk Kinsey read the complaint signed by residents in Wildwood and the October 30th memo from Chairman Russell Prater regarding the damage done to streets in Wildwood due to the new construction going on. Councilman Spencer moved that Council request Mr. Ferrara to examine the street to determine what repairs are required, and if the streets were originally constructed according to standards, particularly the sub base, and the necessary repairs to put it in that shape. Councilman Asting seconded the motion. An unidentified member of the audience asked if Council will be discussing this again and Councilman Spencer replied yes, when the City Engineer submits his repot to Council, and possibly the City Attorney will become involved. Councilman Wargo asked if Phase III was accepted by the City and City Clerk Kinsey said she didn't think Ewas accepted formally. -6- Council Regular Meeting Minutes November 5, 1984 o (.) COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Citizen Code Enforcement Board re; street damage in Wildwood - (Continued) Councilman Wargo stated that there are other things like the ditch on the east side that has to be completed and the 1" cap on the black top was never done but he didn't think that should release those responsible for tearing up the roads, and he questioned if the roads were built for the equipment being taken in there. He suggested the Code Enforcement Officer meet with the City Engineer and the Citizen Code Enforcement Board. Councilman Spencer said he understood it was Phase II and not Phase III and he withdrew his motion. Councilman Asting withdrew his second. Councilman Spencer then moved that the City Engineer and Code Enforcement Officer jointly determine two things, one is on the Subdivision's Phase II, which has the agreement signed in 1980 for five years, determine whether that street was made in conformance with the agreement or what actions are needed to make it conform, and secondly, examine the Phase III portion of the project, beyond the highways and drainage ditches, etc., to determine what needs to be done to those relative to contractors who are destroying the edges and the street itself. Councilman Wargo seconded the motion. Councilwoman Bennington asked who would bear the cost for this and Councilman Spencer replied the City would because they pay the City Engineer and the Code Enforcement Officer. Mr. Rosa, from the audience, asked if the builder has posted bonds for street repairs and commented that it probably wasn't adequate if so, and said the City's Building Department should withhold finals on the houses and then they'll fix the streets. There was a dEcussion about the various equipment that was tearing up the streets. Motion CARRIED 5-0. Planning and Zoning Board - Request to amend Sect. 9.5-56 Stormwater management exemptions - City Clerk Kinsey read the October 31st memo from the Planning and Zoning Board which recommended further amendments to the exemptions. Councilman Spencer moved that the Council request the City Attorney to draft an ordinance incorporating these further modifications in terms of exemptions for stormwater management. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Recommendation to amend Sect. 715.02 Site Plan Approval- City Clerk Kinsey read the October 31st memo from the Planning and Zoning Board which requested an amendment to contain a Site Plan Review Application - Infor- mation s~eet. Councilman Spencer moved that the Council request the City Attorney to draft the appropriate ordinance incorporating the list as on the three pages which have to do with site plan approval and make it more understandable for an applicant to know whether he has to have a site plan approval and the steps he has to follow. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Planning and Zoning Board - Recommendation to re-zone Corbitt Smith property from B-3 to 1-2 - City Clerk Kinsey read the October 26th memo from the Planning and Zoning Board which recommended that portion of Mr. Smith's property, located on Marion Avenue, be re-zoned from B-3 to 1-2. Councilman Spencer pointed out that this request was heard by Council previously and turned over to Planning and Zoning and asked the City Attorney the procedures to re-zone it. City Attorney Alvarez replied that Council can direct him to prepare an ordinance if they approve the recommendation. City Attorney Alvarez added that time is of the essence to the applicant and they could have first reading at a special meeting but he needs a legal description of just the piece of property which is presently zoned B-3 as the survey describes the entire tract of land. Councilman Spencer moved that the City Clerk notify Mr. Smith to obtain a legal description of the portion to be re-zoned from B-3 to 1-2 and then forward it to the City Attorney for preparation of the appropriate ordinance. Councilwoman Bennington seconded the motion. Councilman Wargo questioned if the recommendation had to be accepted first. Councilman Spencer withdrew his motion and Councilwoman Bennington withdrew her second. Councilman Spencer then moved that Council approve the recommendation of the Planning and Zoning Board. Councilmen Asting and Wargo seconded the motion simultaneously. Motion CARRIED 5-0. Councilman Spencer moved that the City Clerk and City Attorney proceed in the appropriate manner to develop the necessary ordin- ance. Councilmen Asting and Wargo seconded the motion simultaneously. Motion CARRIED 5-0. -7- Council Regular Meeting Minutes November 5, 1984 -- o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES - (Continued) Mayor Ledbetter called a recess at 8:55 PM. and called the meeting back in session at 9:02 P.M. Parks and Recreation Board - Request for City-owned property to be designated as recreational facilities - Councilman Asting moved to TABLE this recommendation for the next Council. Councilwoman Bennington seconded the motion. Councilman Wargo stated that he'd like opinions from adjacent property owners before they review this again as some people might have objections and all concerned should be notified. Councilwoman Bennington noted that they'd suggested a joint meeting with Parks and Recreation Board and the DAV representative regarding one of these pieces of property, and she felt they should discuss that to see what can be worked out. Councilman Spencer pointed out that City property is very limited and they'll probably have to purchase additional property for recreational pur- poses. Motion to TABLE CARRIED 5-0. Parks and Recreation Board - Request to use Port Authority Grant funds for fishing pier at east end of 442 - City Clerk Kinsey read the October 16th memo from the Parks and Recreation Board requesting Council approval to use the funds from the Port Authority Grant to construct a fishing pier at the east end of 442. Councilman Wargo moved that permission be granted. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. EVER request to advertise for bids for new Rescue vehicle - Councilwoman Bennington moved to authorize to go out for bids. Councilman Spencer seconded the motion. Mrs. Frances Olds, from the audience, noted that the vehicle will have a removable module and the chassis life is 5 to 6 years but the box can be remounted at least three times and it's the major expense. She added that the box is stainless steel. Councilman Wargo questioned if it would fit into the new building and Mrs. Olds said the building wasn't meant to fit it in. Councilman Spencer pointed out that there's $40,000. budgeted in Federal Revenue Sharing for this purpose. Motion CARRIED 5-0. COMMUNICATIONS Ed & Pat Gleeson request for adjustment of water and sewer bill - City Clerk Kinsey read the October 24th letter from Mr. and Mrs. Gleeson which requested an adjustment to their September water and sewer bill which amounted to $434.40. The letter stated that they were not living in the house at the time and the water had been turned on at the rear of the house and the toilet had flushed and didn't seat properly, causing the water to flood three rooms. Councilman Wargo asked if their insurance on the house would cover vandalism and Mr. Gleeson replied that he didn't think so but they hadn't gone to the insurance company yet and had paid the water bill to avoid the penalty. Mayor Ledbetter pointed out that in the past they've adjusted the sewer portion since the water didn't go into the sewer. City Clerk Kinsey noted that some went into the sewer because the toilet was running. Councilwoman Bennington pointed out that the record indicates their bill was never more than $15.00 the past year. Councilman Wargo moved that they make the adjustment on the sewer. Councilwoman Bennington seconded the motion. City Clerk Kinsey questioned if it should be adjusted to the average monthly sewer bill and Councilman Wargo replied yes. Motion CARRIED 5-0. ORDINANCES AND RESOLUTIONS Ord. 84-0-28 Amending Art. II, Sect. 7-2l(1302.5)(g)(2)re: authorization for Building Official to enforce strict compliance with requirements - City Attorney Alvarez read this Ordinance. ORD. 84-0-28 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE II, SECTION 7-21 (Section l302.5(g)(2) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE BUILDING OFFICIAL TO ENFORCE STRICT COMPLIANCE WITH ALL REQUIREMENTS TO PREVENT WATER RUNOFF ON NEIGHBORING PROPERTIES AND TO WITHHOLD CERTIFICATE OF OCCUPANCY UNTIL ALL CODE REQUIREMENTS ARE MET; CON- TAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Ordinance 84-0-28 on its first reading. Councilwoman Bennington seconded for discussion. Councilman Wargo asked to amend the motion so it would read "and shall withhold" the Certificate of Occupancy rather than "to withhold" the Certificate of Occupancy, and "to withhold final inspection and Certificate of Occupancy" rather than just "to withhold Certificate of Occupancy'.' Councilwoman Bennington seconded the amendment_ Amended motion CARRIED 5-0. Original motion CARRIED 5-0. Council members initialed the change80n the ofiginal ordinanc~. - - Regu ar Councll Meetlng Minutes November 5, 1984 Q o ORDINANCES AND RESOLUTIONS (Continued) Ord. 84-0-29 Rules for City parks - City Attorney Alvarez read this Ordinance. ORD. 84-0-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING RULES AND REGULATIONS FOR THE USE OF AND CONDUCT IN CITY PARKS; PROVIDING FOR ENFORCEMENT OF SAID RULES AND REGULATIONS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Ordinance 84-0-29. Councilwoman Bennington seconded for discussion. Councilman Wargo suggested that item 7 regarding cleaning of fish include "all aquatic creatures". Councilwoman Bennington questioned Section 2 regarding the Parks and Recreation Board enforcing this. City Attorney Alvarez stated that they'd report to the Police Department. There was a discussion as to who would have the responsibility for enforcing this and Councilman Wargo suggested they block out "Parks and Recreation Board" and just leave in Police Department and park attendants. Councilman Asting asked why disorderly conduct wasn't included and City Attorney Alvarez stated that it's a breach of a different statute and this ordinance is the result of the recommendation from the Parks and Recreation Board. Councilman Wargo said they should have signs posted at all the waterfront properties. Chief Betts asked for clarification of the park attendants and City Attorney Alvarez replied that the enforcement is only by the Police Department and park attendants will call to the individual's attention the violation and if it's ignored, he'll contact the Police Department. Councilman Wargo amended the motion that Section 7 read and other aquatic creatures and Section 2 to delete Parks and Recreation Board. Councilwoman Bennington seconded the amendment. Amended motion CARRIED 5-0. Councilwoman Bennington questioned the amount of fines in Section 3 and asked if it's a misdemeanor. City Attorney Alvarez said most cities' codes have a catch-all provision for any violation that doesn't have a specific provision and it is a misdemeanor. Chief Betts clarified that it would be $35. for a violation of a City ordinance as a standard fine. Original motion CARRIED 5-0. Ord. 84-0-30 Amending Chapter 19, Art.I,Sect.19-l and 19-13 re:Utility billing- City Attorney Alvarez stated that he'd talked with Terry Wadsworth, Utilities Superintendent, regarding this ordinance and there were some minor changes recommended. City Clerk Kinsey pointed out that they need another ordinance for refuse. City Attorney suggested they table this and City Clerk Kinsey suggested a special meeting. Councilwoman Bennington moved to TABLE it. Councilman Wargo seconded it. Motion CARRIED 5-0. Ord. 84-0-31 Train Whistles - Mayor Ledbetter noted that a letter had been received from the Safety Committee requesting that the Council not pass this ordinance to stop the train whistles in the City limits. Councilman Wargo said in view of that he moved that they TABLE this indefinitely. Councilwoman Bennington seconded the motion. Councilman Spencer questioned the reason for the tabling it indefinitely and Mayor Ledbetter replied that the next Council may want to pursue it further. Councilman Asting said they need a shorter signal so it will be less disturbing to those living in the vicinity of the tracks. Motion CARRIED 5-0. UNFINISHED BUSINESS Mr. Sheban, of Sheban Enterprises, Inc., said there was a bid opening on the concession stand and there was not enough money appropriated to pay for it. He noted that his bid was for $24,990. He asked if now that the money is available if they'll award the bid as he'd been requested by Mr. David Garrett to hold the bid open until the first of November when the money would be appropriated. He asked Council if they would act on the bid proposal. Mayor Ledbetter said if the money wasn't available at the time, then all bids are null and void. Councilman Spencer pointed out that this matter wasn't on the agenda and he asked the City Attorney if they could award the contract since there's money available now. City Attorney Alvarez said they'd have to determine if the bid expired, and if so;. they'd have to go for bids again, and if not, put it on the agenda. Mr. Sheban said he was requested to keep it open to November 1st. City Attorney Alvarez said the Council can't act on it that night. Mr. Sheban asked why something was let for bid without money appropriated. City Attorney Alvarez replied that it was according to how much the amount of the bid was. -9- Regular Council Meeting Minutes November 5, 1984 o <J UNFINISHED BUSINESS (Continued) - Councilwoman Bennington noted that they had $20,000. appropriated and the bid came in for $24,990. Councilman Spencer stated that this can be resolved by putting it on the agenda for a specimmeeting, or they can put it on the agenda for the next regular meeting on the 19th if Mr. She ban will hold his bid valid until then. Mayor Ledbetter suggested that Mr. Sheban submit a letter to the City Clerk to hold the bid open. There was a discussion about the light poles and fences that were rejected earlier. Councilwoman Bennington said she under- stood they rejected the poles and fences because they were too high and that left money in that line item plus they had the $20,000. appropriated. City Clerk Kinsey confirmed that there was about $10,000. in other line items. Councilwoman Bennington said they had the money available and the reason for reappropriating the entire amount was to bring the whole complex up. Mayor Ledbetter stated that the original $20,000. was appropriated last year for the concession stand but there were no poles or fences included. City Clerk Kinsey agreed that was it another line item. Mr. Sheban said he'll submit a letter to extend the bid to November 19th. Councilman Asting reminded him to get it in prior to the agenda deadline. There was a discussion regarding the Certifi- cation of Funds and City Clerk Kinsey replied that it isn't done until the award of the bid. Mr. Sheban said he assumes that they intend to build the building and the money has now been appropriated. He added that he's waited eight weeks and is now being asked to wait another two weeks. Councilwoman Bennington suggested having the City Attorney research the legalities of this when the letter is received. Mr. She ban said he'd get the letter in. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Councilman Wargo moved to adjourn. Councilwoman Bennington seconded the motion. Meeting was adjourned at 9:52 P.M. Lura Sue Koser }~ Minutes submitted by: f~ ATTEST: ~~ CITY CLERK ~ Approved thisj1Y.1aay of ctrJ)~ ~Q~,L M'YOR . ----- '" - ~:/ -10- Regular Council Meeting Minutes November 5, 1984