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08-20-1984 - Regular .' . '-J o CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 20, 1984 MINUTES CALL TO ORDER Mayor Ledbetter called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Present Excused Councilman Jack Spencer City Attorney Jose'Alvarez City Clerk Connie Kinsey Pol ice Chief Douglas Betts Present Present Present Present There was a silent invocation and the salute to the flag. APPROVAL OF MINUTES Special Meeting & Workshop of August 6, 1984 - Councilman Spencer moved that Council approve the minutes of the Special Meeting of August 6, 1984. Councilwoman Bennington seconded the mot ion. Mot i on CARR I ED 4-0'. Regular Meeting of August 6, 1984 - of the August 6th regular meeting. CARRIED 4-0. Councilwoman Bennington moved to approve the minutes Councilman Wargo seconded the motion. Motion BILLS AND ACCOUNTS City Clerk Kinsey noted that there should be the item 1 isted at $1,064. should be $1,561. bills and accounts with the corrected total. Motion CARRIED 4-0. a change in the addition on page 3 and Councilwoman Bennington moved to pay the Councilman Spencer seconded the motion. MISCELLANEOUS Will iam Glaser, 1703 Needle Palm Drive, asked what the people on his street have to do to get reI ief from through traffic on their street. Mayor Ledbetter said the City is tabulating the paving question now and the answer will decide what will be repaved. Mr. Glaser said paving the street won't solve the problem and they've been asking for it for 8 years. Mayor Ledbetter said he knew of nothing legally to 1 imit the street to use by only those who 1 ive there. Mr. Glaser said they want stop signs and speed 1 imits posted and enforced. Mayor Ledbetter asked Chief Betts to check on this and report back to Council with a recommendation and Chief Betts repl ied that he'll do it. Mr. Glaser noted that it's Needle Palm Drive north of Indian River Boulevard. Mr. Glaser gave Chief Betts a history of the requests and petitions regarding this. Mayor Ledbetter stated that there was a request to move item 7.M. up to this point on the agenda. All Council members agreed to this change in order. Res. 84-R-39 Authorizing appropriate officials to execute an agreement for Amendment I with Conkl in, Porter & Holmes Engineers, Inc. - City Attorney Alvarez read this Resolution. RES. 84-R-39 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AMENDMENT I TO AGREEMENT FOR CONSULTING ENGINEERING SERVICES WITH CONKLIN, PORTER AND HOLMES ENGINEERS, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Ledbetter asked City Attorney Alvarez if he'd reviewed this Amendment I and City Attorney Alvarez repl ied yes. City Attorney Alvarez said held had some comments on the prior agreement that was submitted as he felt it was not specific enough on the scope of work that was going to be done by the firm plus the amount of work to be done by the firm and amount done by outside consultants hired by the firm or the City. He said he met with Terry Wadsworth regarding this and it is in proper legal form and it's just the business end of it to be addressed. Councilman Spencer asked if the City will be advised in advance to determine if they want to enter into an agreement with a subcontractor. He noted that Terry Wadsworth is in a position to make a recommendation to Councilor Council could give him the authority to make the determination. City Attorney Alvarez pointed out that the language states that before they engage the services of any consultants, the decision will be up to Council through the administrator, or however the Council wants to proceed. o o Res 84-R-39 (continued) - Councilwoman Bennington noted that if the City hires the subcontractors directly, they don't have to pay the 10% but the City will have all the responsibil ity but if the engineers hire them, Conkl in, Porter and Holmes will have the responsibil ity. Mr. Paul Porter, Vice President of Conkl in, Porter and Holmes, from the audience nodded agreement. Councilman Spencer said he's in favor of it and anxious to get started and he moved that Council adopt Resolution 84-R-39. Councilwoman Bennington seconded the motion. Motion DIED 2-2. Councilman Wargo and Mayor Ledbetter voted NO. Councilman Spencer questioned the reason for the opposition to this Resolution. Mayor Ledbetter said he doesn't want to obI igate the people for studies that are probably already on hand from past studies, and the City has a plant on 1 ine now for 4 or 5 years and it's obsolete. Councilman Spencer noted that the plant isn't obsolete but there are a lot of alterna- tives and they need studies done before they make a commitment. Councilman Wargo said he feels they're rushing into this and it should be put off for 60 days. Councilman Spencer stated that he didn't see any further information available in 60 days and the engineering firm has good judgment and Council is remiss not to proceed with it. COUNCil/OFFICERS REPORTS, BOARDS & COMMITTEES City Council Reports - Councilman Wargo stated he's having difficulty understanding the responsibl ities of the Council and the responsibil ities of the City Clerk/Adminis- trator. He moved that they repeal Resolution 83-R-57 until they can have a workshop meeting and get some of the points straightened out. Councilman Spencer said this action should be properly advertised or on the agenda for members of Council to review it before coming to a meeting and he thought it was out of order to consider repeal ing a resolution but he'll consider it later. Councilwoman Bennington seconded the motion for discussion. Councilman Wargo stated he's concerned about hiring practices and the budget and there seems to be difficulty about where they're going and where they're coming from, and he feels according to the Resolution the City Clerk/Administrator operates under the direction of Council, but that doesn't seem to be the fact in the past and he wants a meeting to discuss it. He added that he wants to get the difficulties squared away and just wants to start the machinery rolling. Councilwoman Bennington said she didn't object to a workshop to decide what they're going to do about it and the motion to withdraw may not be proper but there are questions they need to address. She added that she's not in favor of repeal ing anything until they have a workshop. Mayor Ledbetter asked if just the workshop would be agreeable to Councilman Wargo and he repl ied that the resolution has to be brought up because they may want to change it, and it could be a special meeting along with it so they can change something if they want to and won't be wasting time. City Attorney Alvarez pointed out that to repeal a resolution takes another resolution and there is no replacement resolution prepared so no official action can be taken. He added that it can be a motion of intent. Councilman Wargo agreed it could be a motion of intent. Councilman Wargo withdrew his original motion and Councilwoman Bennington withdrew her second. Councilman Wargo moved to include a special meeting with the workshop to consider repeal ing 'Resolution 83-R-57. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Councilman Wargo suggested Friday night, August 24th, at 7:00 PM. for the Meeting and Workshop and all Council members agreed. City Attorney Reports - City Attorney Alvarez had no report for this meeting. City Clerk Reports - write a check for the Bennington so moved. City Clerk Kinsey noted that she needs Council authorization to Volusia league of Municipal ities dinner meeting. Councilwoman Councilman Spencer seconded the motion. Motion CARRIED 4-0. Deputy City Clerk re: Home Occupational license - City Clerk Kinsey read the August 15th memo from Deputy City Clerk Susan Wadsworth which stated that Mr. & Mrs. Kemp of 104 Flagler Avenue would not sign the appl ication for a home occupational 1 icense because she did not agree with three of the items on the appl ication, under 7. (f), (h), and (j). The memo noted that the Kemp's buy pork rind chips already prepared and pop or fry them and sell them at flea markets and retail stores, and the fees for a 1 icense would total $44.00 a year. Mayor Ledbetter asked if they had a health per- mit and City Clerk Kinsey repl ied yes. Mr. & Mrs. Kemp came forward to speak with Council. Mayor Ledbetter asked how long they'd been doing business there and Mr. Kemp repl ied they started sell ing pork rinds about 1981 or 1982. Councilman Wargo asked the approximate amount of income from the business and Mr. Kemp said approximately $100. to $150. a month. -2- Council Regular Meeting Minutes August 20, 1984 u <J Deputy City Clerk re: Home Occupational License (continued)- Councilwoman Bennington asked what they had to do to meet the requirements for a health permit. Mr. Kemp said they had to have running water, floor had to be clean, an exhaust fan to exhaust the fumes, and a fire extinguisher. He said they cook about l~ hours a week. Councilwoman Bennington asked if it's just him and his wife involved in the business and Mr. Kemp repl ied yes. Councilman Spencer asked why item (j) on the appl ication regarding the premises being subject to physical inspection by an authorized official of the City was causing a problem. Mr. Kemp repl ied that the City could inspect the cooking facil ities but not the entire house. Councilman Spencer pointed out that this is borderl ine according to the ordinances and suggested Council grant him a one-year I icense with the condition that he doesn't have complaints from neighbors and that they submit to an annual inspection of the cooking facil ities from a safety standpointed. Mr. Kemp said held agree to that. Councilman Spencer pointed out that the Code Enforcement Officer is also a Fire Inspector and is very qual ified and capable to inspect this. Mr. Kemp asked if the fact that he's over 60 years old and a veteran and is disabled would exempt him from the I icense fees and Mrs. Wadsworth, from the audience, nodded yes. Councilman Wargo asked why they objected to signing item (h) regarding storing of materials, and Mr. Kemp repl ied they store nothing at all and have no signs or advertising. Councilman Spencer moved that Council grant the Kemp's a special home occupational I icense on the conditions that they submit to an annual inspection of the cooking area and that they continue to have no complaints from the neighbors. Mrs. Kemp pointed out that they are inspected by the Health Department. Councilman Wargo seconded the motion but said he wanted the word "special" be removed and have it granted with the terms and conditions. Councilman Spencer agreed to this change. Councilwoman Bennington noted that it's for one year starting in September and she'd I ike it inspected twice by the City the first year., Mrs. Kemp noted that they get inspected at the flea markets and also at the Jiffy Markets. Mayor Ledbetter asked if Council wants to waive the (f) provision of the appl ication pertaining to no manufacturing intended. City Attorney Alvarez noted that they aren1t manufacturing anything, and he didn't feel they need to waive that. Mr. Kemp stated that it will have to be an official from the City to do the inspecting of the cooking facil ities. Motion CARRIED 4-0. Mr. Kemp asked if cost will be waived due to his age and being a veteran. Councilwoman Bennington asked if the entire amount is waived and City Clerk Kinsey nodded yes. Mayor Ledbetter stated that the City Attorney had requested item l.A. regarding Cable TV be moved up to this point on the agenda. Council members agreed to this change. Clarification of Ord. 84-0-8 Renewing Cable TV franchise - City Attorney Alvarez pointed out that there is a cover memo from him that explains the changes made. Councilwoman Bennington said she understood the only problem was the statement regarding the 5% fee and she now reads the payments will be semi-annually instead of quarterly. City Attorney Alvarez said he didn't real ize that would be a major item as it's more adminis- trative. Councilwoman Bennington asked how the City is being paid now and City Clerk Kinsey repl ied that it IS annually. Councilman Spencer said the change that doesn't lock the City into the full 15 years at 5% is very desirable and the agreement is satisfactory to him now. Mayor Ledbetter pointed out that the change was regarding renegotiation of the entire agreement"and it's now "by mutual agreement between the parties". City Attorney Alvarez noted that other changes are of a housekeeping nature. Mayor Ledbetter asked if this is the only change and City Attorney Alvarez repl ied the payments from quarterly to six months is a change. City Attorney Alvarez read this Ordinance. ORD. 84-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER. FLORIDA, RENEWING A NON-EXCLUSIVE CABLE TELEVISION COMMUNICATIONS SYSTEM FRANCHISE GRANTED TO CABLEVISION INDUSTRIES OF CENTRAL FLORIDA, INC. FOR AN ADDITIONAL 15 YEARS IN ACCORDANCE WITH THE ATTACHED FRANCHISE AGREEMENT; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez pointed out that the Ordinance had not been changed. Councilman Spencer moved that the Council adopt Ordinance 84-0-8 with the amended agreement. Councilwoman Bennington and Councilman Wargo seconded simultaneously. Motion CARRIED 4-0. City Attorney Alvarez stated that the final reading will be on September 4th and the agreement attached to it can be signed at that time. -3- Council Regular Meeting Minutes August 20, 1984 o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Public Works Department - Recommendation on tract6rbid - City Clerk Kinsey read the August 8th memo from Earl Copeland, Publ ic Works Superintendent, in which he recommended the purchase of Model 2910 Ford Tractor from Vol usia Ford Tractor Company as being the low bidder that meets all specifications. She noted that the total after the trade in is $7,995., and she'd given Council copies of the statement of award to other than low bidder. Councilman Spencer moved that Council award the contract to Volusia Ford Tractor Company for the model 2910 Ford Tractor at $7,995. Councilman Wargo seconded the motion. Mayor Ledbetter asked Mr. Copeland the purpose of the tractor and Mr. Copeland repl ied that it will be used for mowing and till ing some of the shoulders along the road if they get caught up with the mowing. Mayor Ledbetter asked if it would be used for grading streets and Mr. Copeland repl ied no. Council- woman Bennington asked if the lowest bid with a PTO of 34 can't be used and Mr. Copeland repl ied that they could use it but it isn't what the specifications called for. Councilwoman Bennington asked if that's the only way it doesn't comply with the speci- fications and Mr. Copeland repl ied yes. Motion CARRIED 3-1. Councilwoman Bennington voted NO. Publ ic Works Department - Request for authorization to bid for culverts - City Clerk Kinsey stated that the August 15th memo from Earl Copeland request authorization to go out for bids for a lZ--month period for 36" and 48" culvert purchases. Mayor Ledbetter asked if there are any in stock and Mr. Copeland repl ied there are no 36" and no 4811 on hand. Councilman Wargo asked how many are needed now and Mr. Copeland repl ied he needs three 4811 now. Councilwoman Bennington asked how many would be needed in a 12-month period and Mr. Copeland repl ied that he doesn't know until a road caves in. Councilwoman Bennington asked how many he used in the past year and Mr. Copeland said there were no 48" but three 301s. Councilwoman Bennington said she's against going out for bids for a whole year. Councilman Spencer said he may get a lower price for a quantity for the total year than be going for separate bids each time. Council- woman Bennington pointed out that he had none replaced last year so there'd be no reason to go for bids. Mr. Copeland noted that he has need for three right now. Councilwoman Bennington asked if there was an idea of how many he might need this next year and Mr. Copeland repl ied he needs three now and if there were to be a hurri- cane, he might need a dozen. Councilwoman Bennington stated that he would need a number for getting a bid. Mr. Copeland said held 1 ike five of the 481s and two 361s now. Councilman Wargo asked where he gets the prices now and Mr. Copeland repl ied it's the State bid. City Clerk Kinsey noted it's County bid. Councilman Wargo noted that a contractor can sometimes get a better price that bids and then they could just buy them as they need them and not have to store them. Councilwoman Bennington asked if the intent is to ask for sealed bids for five 481 and two 361s and Mr. Copeland said he's going to ask for sealed bids and have the price open for a year and order when they need them. Councilwoman Bennington said he needs to decide a quantity for sealed bids. Councilman Wargo pointed out that they arenlt obI igated to buy if they go out for bids and he moved to authorize him to go out for bids. Mayor Ledbetter suggested that five 481s and two 361s be mentioned. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Parks & Recreation Board re: Rules for City parks - City Clerk Kinsey read the August 14th memo from Kirk Jones, Chairman of the Parks & Recreation Board, in which the Board recommended the following rules be implemented at all City parks: no animals, no alcoholic beverages, no glass containers, no private enterprise, no overnight camping, no open fires and no fish cleaning. Councilman Wargo said he read the minutes of their meeting and the Board was reluctant to do anything about orderly parking of boat trailers and he noted that during shrimp season it is very busy there. He also said any water animal cleaning should be banned to stop oysters being cleaned there. Mayor Ledbetter asked what park he's referring to and Councilman Wargo said it's Menard Park but per- haps no parking could be enforced at the pavil ion area. Councilwoman Bennington asked how this would be enforced if the signs are posted and Mayor Ledbetter stated that we have a Pol ice Department for that purpose. Councilwoman Bennington suggested they add shellfish to the no fish cleaning, and Councilman Wargo suggested any aquatic animal. Councilwoman Bennington moved to accept the recommendation from the Parks and Recreation Board. Councilman Wargo seconded the motion. Motion CARRIED 4-0. -4- Council Regular Meeting Minutes August 20, 1984 , . Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Parks & Recreation Board re: Rules for City parks (continued) - City Attorney Alvarez recommended they draft an ordinance and the Parks and Recreation Board sub- mit more specific items to be incorporated into the ordinance and have standard penalties so the signs can be painted with the ordinance number on the sign, making it val id and enforceable. Councilwoman Bennington moved to instruct the Parks and Recreation Board to take the 1 ist as submitted and come up with a rough drawn draft, and Mayor Ledbetter suggested the Council instruct the City Attorney to draw up an ordinance and bring it back to Council for approval or rejection. Councilwoman Bennington withdrew her motion and so moved as Mayor Ledbetter suggested. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Industrial Development Board appointment - Councilwoman Bennington nominated Will iam Cichewicz to this appointment. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Mayor Ledbetter recessed the meeting at 8:15 P.M. He acknowledged Big John, a candidate for County Council at-large, in the audience. Meeting returned to order at 8:25 P.M. COMMUNICATIONS County of Volusia re: proposed agreement for Fire & Rescue service for 1984-85 - City Clerk Kinsey read the August 2nd letter from County Manager Kelly requesting approval of a proposed agreement between Vol usia County and the City for fire and rescue services for 1984-85. Mr. George Kennedy, Fire Chief, said he feels this is a very good contract and they cut the service area in half or more. He reviewed the new boundary 1 ines as being south to around the Indian River Glass Company, and west out to 1-95 but not on 1-95. He added that they no longer have to be con- cerned with all the mobile home parks in the south near Oak Hill where they have a lot of rescue calls and some fires. He noted that they lost $10,000 to $12,000 but it's worth it because of the travell ing distance, and the debts to the County have been paid off now and they can do what they want with the $32,000 unless it's for capital purchases and then both have to agree to it. Councilwoman Bennington said she understood whenever they need the $32,000 it has to go through the quadrant and Mr. Kennedy said it does not, as they aren't in the quadrant but are unique in that they are under contract to the County and the City is being paid for a service to this area. Mr. Kennedy noted that he isn't real happy about item 13 regarding the County's leasing of Station No.2 if the City canlt fulfill it's obI igations for service, as the County has already put $15,000 in that building and the lease could come out of that. Councilman Wargo stated that he doesn't 1 ike item 7 regarding the City holding harmless the County from any 1 iabil ity, as he understood they'd be 1 iable if the City is under contract. Councilwoman Bennington moved to turn this over to the City Attorney to meet with the Fire Chief. Mr. Kennedy asked that Gary Lamb, the Assistant Fire Chief, be designated as he's been deal ing with the County and he works in Deland. Councilman Wargo said he felt they should deal with Mr. Kennedy since he's the Fire Chief and Mr. Kennedy said he doesn1t have the time right now as his family is his first priority and the City is already getting a lot of hours from him. Councilman Spencer said he feels it IS a fair contract and the Fire Department hasn't had an opportunity to negotitate on it, especially item 13, and he'd 1 ike a representative from the Fire Department to meet with the City Attorney and Rich George of the County1s Finance Department to negotiate a better agreement for the City. Mr. Kennedy pointed out that there's a time problem as he understands this has to be done by the first of September so that the County will have 30 days in which to prepare for service elsewhere if the City turn~ it down. Councilwoman Bennington suggested the County be told that the City is in basic agreement to service the area but they have to work out some problems with the agreement. City Attorney Alvarez said held meet with Gary Lamb soon and then will send it to the County and bring it back to Council as a resolution for approval. He noted that the insurance carrier will have to agree to the hold harmless clause. Councilwoman Bennington added to her motion that it be the Fire Chief or his designated representative. Councilman Spencer seconded the motion. Motion CARRIED 4-0. -5- Council Regular Meeting Minutes August 20, 1984 o o ORDINANCES AND RESOLUTIONS Clarification of Ord. 84-0-8 Renewing Cable TV franchise - This subject was covered earl ier in the meeting and is covered on page 3 of these minutes. Ord. 84-0-11 Amending 606.05(b) and 606:02(b) of Code re: hospitals - City Attorney Alvarez read this Ordinance.ORD: 84~0~11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE 166.041 (c) (1) AND SECTION 1100 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER REZONING LOTS 1, 2, 11, 12, 13, 14 and 15 LOCATED SOUTH OF PARK AVENUE BETWEEN OLD COUNTY ROAD AND U.S. HIGHWAY NO 1, 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; PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer noted that this change was recommended by the Planning and Zoning Board and he feels it's appropriate to rezone this small property and he moved that Council adopt Ordinance 84-0-11. Councilwoman Bennington seconded the motion. Councilman Wargo said he didn't know why this was done. Councilwoman Bennington explained what is currently zoned B-6 doesn't have enough room for medical facil ities. Councilman Wargo noted that they've had problems with Park Avenue. Motion CARRIED 3-1. Councilman Wargo voted NO. Ord. 84-0-12 Amending 606.01 (b)(3) and 606.02(b)(3) of Code re: square footage require- ments in B-2 and B-3 - City Attorney Alvarez read this Ordinance. ORD. 84-0-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 606.01 (b) AND 606.02(b) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CHANGING THE RESIDENTIAL MINIMUM FLOOR AREA FROM 800 SQUARE FEET TO 1200 SQUARE FEET; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved to adopt Ordinance 84-0-12. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Ord. 84-0-13 Amending 603.03(e)(I) re: minimum square footage in R-5A - City Attorney Alvarez read this Ordinance. ORD. 84-0-13 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 603.03(e)(I) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CHANGING THE SINGLE FAMILY DWELLING MINIMUM FLOOR AREA FROM 750 SQUARE FEET PER FLOOR TO 1200 SQUARE FEET PER FLOOR; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved to adopt Ordinance 84-0-13. Councilman Spencer seconded the motion. Councilman Wargo asked if the purpose of this ordinance is to clarify the absence of any such requirements in the code and Councilwoman Bennington said it's increasing from 750 to 1200 square feet for single family residences. Motion CARRIED 4-0. Ord. 84-0-14 Amending 606.01 (d) (1) and 606.02(d)(I) re: permitted uses in B-2 and B-3 - City Attorney Alvarez read this Ordinance. ORD. 84-0-14 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTIONS 606.01 (b), 606.01 (d) (1), 606.02(b) AND 606.02(d)(I) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY PROVIDING ADDITIONAL B-2 AND B-3 PERMITTED USES; DELETING CERTAIN PERMITTED USES; OMITTING SECTION 606.01 (d) (1) IN ITS ENTIRETY; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved to adopt Ordinance 84-0-14. Councilman Spencer seconded the motion. Councilman Spencer said these changes are very worthwhile and clarify this section. Councilwoman Bennington noted that they've been worked on for over a year now. Motion CARRIED 4-0. , Ord. 84-0-15 Amending Ord. 83-0-19 re: Impact fees for water and sewer - City Attorney Alvarez read this Ordinance. ORD. 84-0-15 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ORDINANCE 83-0-19 BY AMENDING SEC. 19-42 AND SEC. 19-43 OF SAID ORDINANCE BY INCREASING THE WATER SERVICE IMPACT FEE AND THE SEWER SERVICE IMPACT FEE FROM $400 TO $650 AND $689 RESPECTIVELY, EFFECTIVE 10/1/84; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Ordinance 84-0-15. Councilwoman Bennington seconded the motion. Councilman Wargo asked why the payments have been extended to twelve equal monthly installments and City Attorney Alvarez noted that this wasn't changed, just the fees. Motion CARRIED 4-0. -6- Council Regular Meeting Minutes August 20, 1984 o u ORDINANCES AND RESOLUTIONS (Continued) - Res. 84-R-33 Reappointing Al ice Murphy to Board of Adjustment - City Attorney Alvarez read this Resolution. RES. 84-R-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REAPPOINTING ONE MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Wargo moved for adoption of Resolution 84-R-33. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Res. 84-R-34 Appointing Cecel ia Stevens to Merit Board - City Attorney Alvarez read this Resolution. RES. 84-R-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Resolution 84-R-34. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Res. 84-R-35 Appointing James Poland to Planning & Zoning Board - City Attorney Alvarez read this Resolution. RES. 84-R-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved that they adopt Resolution 84-R-35. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Res. 84-R-36 Appointment to Industrial Development Board - City Attorney Alvarez read this Resolution. RES. 84-R-36 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. City Attorney Alvarez stated that Section 1 will have the name of Will iam Cichewicz written in. Councilman Spencer moved that Council adopt Resolution 84-R-36. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Res. 84-R-37 Accepting Gas Lite Square Subdivision - City Attorney Alvarez read this Resolution. RES.84-R-37 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ACCEPTING THE RECOMMENDATIONS OF THE CITY ENGINEER AND APPROVING THE PLAT TO SP-8227, GAS LIGHT SQUARE SUBDIVISION, REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Spencer moved that Council adopt Resolution 84-R-37. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Res. 84-R-38 Authorizing appropriate officials to execute an agreement with Ferrara Engineering, Inc. - City Attorney Alvarez read this Resolution. RES.84-R-38 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE AN AGREEMENT TO CONTINUE THE PROFESSIONAL SERVICES OF AN IN-HOUSE ENGINEER FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Wargo moved to adopt Resolution 84-R-38. Councilman Spencer seconded the motion. Councilman Spencer thanked the City Attorney and staff for all the ordin- ances and resolutions that were on the agenda that night. Motion CARRIED 4-0. Res. 84-R-39 Authorizing appropriate officials to execute an agreement for Amendment with Conkl in, Porter & Holmes Engineers, Inc.- This subject was covered earlier in the meeting and is covered on pages 1 and 2 of these minutes. UNFINISHED BUSINESS - There was no Unfinished Business brought up at this meeting. NEW BUSINESS - There was no New Business brought up at this meeting. ADJOURN Councilwoman Bennington moved to adjourn. Meeting was adjourned at 8:56 P.M. Councilman Spencer seconded the motion. -7- Council Regular Meeting Minutes August 20, 1984 NOTE: Signature page is -8-. . . o '. ' Q Signature page for minutes of August 20, 1984 Council Regular Meeting. Minutes submitted by: Lu ra Sue Kose r ATTEST: - -.. ..... ~~ . CITY CLERK ~ ~~~~~ved~ i)~dap~ ' q). -" , ~ CD)~ fl&fiL 'OUNCI't'J AN - . I 'I!" /"~ II~ 'J~ Vf'~lti. - COUNCILMAN ~NE THRE ~~ COUNC MAN - ZON!:' FOUR I ~-2-- U r r 7zn r -8- Council Regular Meeting Minutes August 20, 1984